The first update to Denton’s towing ordinance since 2015 increases the base non-consent tow fee from $145 to $272.50. However, the Denton Police Department says total costs to vehicle owners should decrease.
The updated ordinance will keep tow company surcharges at bay, police say, particularly for residents involved in crashes.
The goal of the updates, Deputy Chief Derek Bradford said, is to prevent predatory towing practices.
In another change to the towing ordinance, tow companies are now authorized to use a wheel immobilization boot or Barnacle device on a vehicle instead of towing it.
It went into effect immediately after the Denton City Council approved the ordinance as part of the consent agenda on Tuesday.
Base tow fee
The update is only applicable to non-consent tows, which include incident management tows (such as in the instance of a vehicle crash) and tows from private property.
It increases the maximum fee tow companies can charge vehicle owners from $145 to $272.50, which is the maximum fee allowed by the Texas Department of Licensing and Regulation.
While the maximum base fee has increased, Lt. Michael Rose told the Denton Record-Chronicle that he believes the average total cost to vehicle owners will be lower.
That’s because the update limits the surcharges that a tow company can impose on the vehicle owner.
“I think it also provides consistency and fairness in billing,” Rose said. “Under the current setup, it’s really exposing those involved in an incident — whether that be an arrest, their vehicle is damaged or they’re involved in a crash — those are the folks very exposed to overcharging and predatory pricing, and we lack any authority or ability to regulate that under the current setup.”
Tow companies could previously tack on surcharges to the base fee for myriad reasons, because the state has discontinued most of its regulation on surcharges.
Bradford gave an example — a surcharge for the tow operator using a push broom to push debris off the roadway, even though they are required to do that when towing a vehicle.
“They charge a base fee of $145, but it’s $40 or $50 if you don’t have the keys,” Rose said. “Then, $40 for fuel — $7.50 a mile — and an extra $50 as a road hazard fee because they had to pick it up off the highway. Whatever they can justify as being related to the tow under state law and the [previous] ordinance, they charge. So the $145 is a false cap.”
Now, the ordinance updates limits the surcharges a tow company can bill for to the following categories:
A vehicle partially or fully submerged in water.
- A vehicle that is burned.
- A mileage fee of $5 per mile for every mile outside of Denton city limits if the owner requests that the vehicle be towed elsewhere.
“All other fees no longer exist for them to charge anything additional,” Rose said. “There’s a process they have to go through to get approval from the Police Department, and those are for extraordinary situations.”
Booting
From Jan. 1 to Oct. 2, Bradford said, 13,000 vehicles were removed from private properties within city limits.
In lieu of towing, private property owners can now direct a tow company to use a boot, which immobilizes a tire, or a Barnacle parking device, which affixes to a vehicle’s windshield, to enforce their parking policies.
The maximum fee to a vehicle owner for removal of a boot or Barnacle is $80.
“We don’t see that being used extensively on properties outside of parking garages or individual, one-off property owners that are looking to set that expectation and reinforce behavior,” Rose said.
Bradford said he does not believe that the city permitting booting will provide private property owners or tow companies with more opportunities to impose fines.
“I wouldn’t say it’s more opportunities, but it’s more options should illegal parking occur,” Bradford said.
“If it can be booted, it can be towed [legally], and vice versa,” Rose added.
Tow companies can elect whether to use boots or Barnacles and how they will be removed.
Industrywide, Rose said, most towing companies choose to have a remote removal option for Barnacles. This allows vehicle owners to download an app, pay the fee, remove the device and place it in a drop box on the private property.
If a tow company uses a traditional boot or does not allow for remote removal of Barnacles, then the ordinance update establishes that the company must come to remove the device within one hour of the vehicle owner’s request.
Vehicle owners can contact the Denton Police Department to report if a company has not come to remove the device within the time limit.
The state also does not regulate booting, Rose said. So, in updating the city ordinance, Bradford said the Police Department has tried to be proactive about holding tow companies accountable.
“Vehicle owners have the same rights with booting as they do with towing,” Rose said. “If they believe that the boot was installed illegally, they can file for a hearing with the justice of the peace through the same processes and manner as if they were disputing a tow.”
Vehicle owners can also file a complaint with the Texas Department of Licensing and Regulation.
Accountability
If a tow company itself was in violation of the city’s towing ordinance, the previous ordinance only allowed the Police Department to remove the company from its wrecker rotation and deny renewal.
The department could not previously hold the tow company responsible for the actions of its drivers or private property owners.
Now, the Police Department can suspend permits not just for tow companies but for repeated violations by tow employees and private property owners.
The department also paused inspections for tow companies that wanted to renew their permits with the city in October.
All tow companies that wish to apply for a permit with the city must undergo an updated inspection for compliance with the new ordinance. The inspection process begins Thursday.
Additionally, the towing ordinance also now outlines existing state laws, rules and regulations for ease of officers who don’t specialize in commercial vehicle enforcement.
Rose said this helps officers find tow trucks in violation of the city ordinance instead of sifting through state laws to identify violations.
“The ordinance brings them all together so we can enforce them under the ordinance itself and simplify the enforcement process,” Rose said. “So that hopefully we can get more enforcement to gain compliance and have safer tow trucks on the street.”
