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Council adopts ordinance banning tow-company solicitation at crash scenes after split vote
Summary
Following extensive public comment from small tow operators and safety proponents, the council passed an ordinance banning tow-company solicitation at crash and incident scenes. Supporters said it protects victims from predatory practices; some local tow operators warned it could squeeze small businesses.
The El Paso City Council on April 28 adopted an ordinance that prohibits on-scene solicitation by towing businesses at traffic accidents and incident-management scenes. After robust public testimony from tow-company owners and industry stakeholders, and safety-focused testimony from police, council voted 6–2 to pass the ordinance.
What the ordinance does
- Prohibits towing companies and their agents from approaching crash victims on a public roadway to offer towing or recovery services unless first requested by the vehicle owner, driver, insurance company or dispatched by police. - Treats presence at an active scene as prima facie evidence of solicitation; violations are class C offenses (up to $500) with a notice-and-cure emphasis for first responses by enforcement. - Permits victims to call any tow service they choose; the ordinance does not prevent private citizens from arranging tows after the scene is secure.
Public comment split the chamber
Dozens of small towing operators told council the change would push many local, licensed small businesses out of work because only a small set of vendors currently operate on a city rotation for police-requested tows. They urged more transparent, accessible processes for joining the rotation and called for transition periods and clearer outreach. Others—public-safety advocates, a police representative and some residents—urged the restriction, saying on-scene solicitation often preys on emotionally vulnerable victims and can interfere with emergency responders and traffic safety.
What council directed next
Council approved the ordinance as revised and directed the police department to implement training for officers on the new rules; staff also committed to a vendor-outreach process to explain the new ordinance and to develop vendor performance reporting and enforcement procedures. Purchasing staff said rotation contracts run through 2027 and that future procurements could be revisited to expand certified rotation vendors and clarify qualification processes.
Why it matters
Supporters cite consumer protection and safer roads; opponents say the policy could reduce business opportunities for small local tow firms and that it should be paired with clearer pathways into the city’s rotation or procurement process. Council asked staff to provide clearer vendor guidance and to explore how to expand legitimate vendor access before the next procurement cycle.
