Ordinance No. 13,959ORDINANCE NO. 13,959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III
"TOW TRUCKS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 102 "VEHICLES FOR HIRE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE III "TOW TRUCKS" IN ORDER TO
REFLECT THAT THE CITY IS A MARKET PARTICIPANT FOR
NONCONSENT TOWS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND N0/100 DOLLARS ($500.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 102 "Vehicles for Hire," Article III "Tow Trucks" of the
Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety.
Section 2: That Chapter 102 "Vehicles for Hire" of the Code of Ordinances,
Baytown, Texas, is hereby amended to add a new article to be numbered and entitled Article III
"Tow Trucks," which shall read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE III. TOW TRUCKS
Sec. 102-136. Definitions
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
City official is an employee of the city authorized by the city manager to
initiate the towing of a vehicle.
Consent tow means any tow of a motor vehicle initiated by a peace officer,
investigating a traffic accident or a traffic incident, at the direction of the owner or
operator of the vehicle or by a person who has possession, custody, or control of
the vehicle.
Nonconsent tow means any tow of a motor vehicle that is not a consent
tow but is initiated by a peace officer investigating a traffic accident or a traffic
incident after the vehicle owner fails to select a towing company or after the
selected towing company fails to respond within 25 minutes of being dispatched
by the city's communications division.
Vehicle means a device in, on, or by which a person or property may be
transported on a public roadway. The term includes an operable or inoperable
automobile, truck, motorcycle, recreational vehicle, or trailer but does not include
a device moved by human power or used exclusively on a stationary rail or track.
Vehicle owner means a person:
(1) named as the purchaser or transferee in the certificate of title
issued for the vehicle under V.T.C.A., Transportation Code, ch.
501;
(2) in whose name the vehicle is registered under V.T.C.A.,
Transportation Code, ch. 502, or a member of the person's
immediate family;
(3) who holds the vehicle through a lease agreement;
(4) who is an unrecorded lienholder entitled to possess the vehicle
under the terms of a chattel mortgage; or
(5) who is a lienholder holding an affidavit of repossession and
entitled to repossess the vehicle.
Vehicle storage facility means a garage, parking lot, or other facility that:
(1) is owned by a person other than a governmental entity; and
(2) has the capacity to store or park at least ten vehicles each year.
The term shall include a "towing yard" as referenced in the Unified Land
Development Code, and an automotive salvage yard as defined in section 82-161
of this Code.
Sec. 102-137. Penalty.
Any person who shall violate this article shall upon conviction be punished as
provided in section 1-14.
Sec. 102-138. Offenses.
(a) It shall be an offense for a person:
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(1) to use a yard, storage area, or vehicle storage facility to store
vehicles that is not fenced or maintained in accordance with all
applicable state laws and chapter 18, article XII of this Code.
(2) to stop, park, halt or operate a tow truck within 500 feet of the
scene of a consent or nonconsent tow unless the towing company
is dispatched to the scene by a city official.
(3) to solicit at the scene of a nonconsent tow any business or
employment, including, but not limited to, legal services, medical
services, professional services, and services involving towing,
moving, storing, repairing, trading or purchasing any vehicle, by
words, cards, circulars or gestures.
(4) to offer at the scene of a nonconsent tow a vehicle owner or
operator or a representative of the vehicle owner or operator any
form, contract, agreement or waiver to sign, other than a tow truck
ticket form.
(5) to perform a nonconsent tow unless he displays his incident
management towing operator's license and his city identification
card to the peace officer at the scene of the nonconsent tow.
(b) No city official at the scene of a consent or nonconsent tow shall, directly
or indirectly, either by word, gesture, sign or otherwise, recommend to any
person the name of any particular person engaged in the tow truck service
or repair business; nor shall any such city official influence or attempt to
influence in any manner the decision of any person in choosing or
selecting tow truck or repair service at the scene of a consent or
nonconsent tow.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances, and to this end all provisions of this ordinance are declared to
be severable.
Section 5: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
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FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense.
Section 6: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by
causing the caption of this ordinance to be published in the officia ewspaper of the City of
Baytown at least twice within ten (10) days after passage of this g ance.
INTRODUCED, READ, and PASSED by the
City of Baytown, this the 19th day of November, 2018.
A ST: � �v4pWN, r,�4
LETICIA BRYSC i .S•
APPROVED AS TO FORM:
At NACIO RAMIREZ, SR., ty Attorney
of the City Council of the
DONCARLOS,
cobfsONegaLKarenTiles.City Council'•%Ordimnces\2018\November 19 TowTruckAmendment.docx
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