Ordinance No. 375•r
ORDINANCE NO. 3 75
AN ORDINANCE WUI'RING A LICENSE FOR THE BUSINESS
OF OPERATING A[TrO %RECESS ; PRO_ V ID I NG A LICENSE FEE
MQUIRING LIABILITY INSURANCE; REGULATING THE OPER-
ATION OF AUTO`MCKERS; REPEALING ORDINANCES INCON-
SISTENT KITH; CONTAINING A SAVINGS CLA[SE;PBES-
CRISING A !MAXIMUM PENALTY OF TAU HUMMM '($200.00)
DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EF-
FECTIVE DATE HEREOF.
BE IT 01MAINO BY THE CITY COUNCIL OF THE CITY OF BAYTONN, TEAS:
Section 1. DEFINITIONS.
(a) The term "Auto Wrecker ", as used in this ordinance, shall mean any
automobile, truck or other motor vehicle used for the purpose of towing, carrying,
The term "Auto !Wrecker" shall not be construed to include a service car or other
vehicle not equipped with mechanical devices for transporting wrecked vehicles and
not used for such purposes, such as service cars equipped with compressed air con-
tainers and tools for repairing punctured tires or otherwise equipped with tools for
performing minor repairs not involving towage or transportation of wrecked or dis-�
abled vehicles. This exception shall not authorize evasions of this ordinance, and
if any vehicle, although not equipped with devices primarily used for towing wrecked
or disabled vehicles, is...actually used for such purposes through means of ropes, chains
or otherwise, the same shall be considered an auto wrecker within the terms of this
• ordinance.
(b) The term "Wrecker Driver" means any individual who actually operates
and drives any auto wrecker on the streets of the City, either on his own account
or in the employ of another.
(c) The term "Owner" shall be construed to mean any person engaged in
the business of towing motor vehicles for hire or engaged in the business of storing
or repairing motor vehicles for hire and who owns or is entitled to use any auto
wrecker, and who uses same in the conduct of his business or any part thereof.
(d) Nothing contained in this ordinance shall be deemed to authorize a
prosecution against any person for towing or hauling any wrecked or disabled vehicle
• without compensation, unless such person is performing such towing or hauling with -
out compensation as an incident to obtaining the business of storing or repairing
such wrecked or disabled vehicle.
pushing or otherwise transporting any
motor.vehicle which has collided
with another
motor vehicle or other object or which
has been wrecked or disabled in
any manner.
The term "Auto !Wrecker" shall not be construed to include a service car or other
vehicle not equipped with mechanical devices for transporting wrecked vehicles and
not used for such purposes, such as service cars equipped with compressed air con-
tainers and tools for repairing punctured tires or otherwise equipped with tools for
performing minor repairs not involving towage or transportation of wrecked or dis-�
abled vehicles. This exception shall not authorize evasions of this ordinance, and
if any vehicle, although not equipped with devices primarily used for towing wrecked
or disabled vehicles, is...actually used for such purposes through means of ropes, chains
or otherwise, the same shall be considered an auto wrecker within the terms of this
• ordinance.
(b) The term "Wrecker Driver" means any individual who actually operates
and drives any auto wrecker on the streets of the City, either on his own account
or in the employ of another.
(c) The term "Owner" shall be construed to mean any person engaged in
the business of towing motor vehicles for hire or engaged in the business of storing
or repairing motor vehicles for hire and who owns or is entitled to use any auto
wrecker, and who uses same in the conduct of his business or any part thereof.
(d) Nothing contained in this ordinance shall be deemed to authorize a
prosecution against any person for towing or hauling any wrecked or disabled vehicle
• without compensation, unless such person is performing such towing or hauling with -
out compensation as an incident to obtaining the business of storing or repairing
such wrecked or disabled vehicle.
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Section 2. LICENSE REDUIM;__ PBIB A FACIE EVIDFINCE_OF._OPERATING 1WITMUT
LICENSE.
It shall be unlawful for any person to drive or operate or cause to be
driven or operated any auto wrecker upon any street in the City for the purpose
of towing or hauling wrecked or disabled vehicles, either for hire or as an inci-
dent to obtaining the business of storing or repairing such wrecked or disabled
vehicles, without first having obtained a license from the City duly issued to
such person to operate an auto wrecker on the streets of the City. In any prose-
cution for a violation of this section, proof that an unlicensed owner *s auto
wrecker was present at the scene of a collision or accident in which a vehicle was
disabled or proof that an unlicensed owner *s auto wrecker was towing or hauling a
® wrecked or disabled vehicle on the - streets shall constitute prima facie evidence
that such owner was operating or causing to be operated his auto wrecker on the
streets of the City for hire or for the purpose of obtaining the business of storing
or repairing the wrecked or disabled vehicle, but the person charged shall have the
right to introduce evidence to rebut such presumption.
Section 3. THE_NAME_ AND _ADDEM OF THE ON=.
1. If an individual, the application shall so state. If a partnership, the
partnership name and address shall be given, together with the nametsand addresses
of all partners. If a corporation, the corporate name and office address shall be
given, together with .the names and addresses of the president and secretary.
2. The number of auto wreckers an owner desires to operate, listing the make,
® model, motor number and correct state license number of each auto wrecker.
3. The true ownership of each auto wrecker. If not owned outright by the
owner, as defined in this ordinance, the name and address of the true owner shall
be given.
4. That the owner shall obey the provisions of this ordinance and of all other
ordinances and statutes applicable to-mQtor vehicles and agrees that upon his failure
to so obey laws his license may be revoked or suspended.
5. The application shall be signed by the owner. If a partnership, it shall
be signed by a member of the firm. If a corporation, it shall be signed by the presi-
dent and attested by the secretary and the corporate seal affixed. In all cases,
•0 the person signing-.shall execute an.affidavit, on the_application form, that the
statements contained in such affidavit are true and correct.
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Said application shall be accompanied by the license fee as hereinafter pro-
vided.
Section 4. LICENSE FEE.
The license fee to operate an auto wrecker or wreckers shall be twenty-
five ($25.00) Dollars a year for each wrecker which the owner desires to operate.
All licenses shall expire on the first (1st) day of January of each year and
shall be renewed the next succeeding first (1st) day of January. If a license
is granted subsequent to the first (ist) day of January in any license, the fee..
shall be paid pro rata for the balance of the year, and any portion of -a month shall
be considered as an entire month in calculating the fee to be charged. By "month"
is meant a license month, that is, from the first (1st) of one month to the first
• (lst) of the next month.
Section 5., LIABILITY _ INSURANCE,
(a) Before any license shall be issued to any owner, or before any renewal
of said license shall be granted, the owner shall be required to file with the laity
Cleric, and thereafter keep in full force and effect a standard automobile liability
and property damage policy, in form approved by the State of Texas, which policy
shall specifically set out that the.insured automobile or truck is to be used in
wrecker service, and which policy shall insure such auto or truck while engaged in
such wrecker service; and shall also provide that in the event of its cancellation
written notice shall be given by the insurer to the City Attorney of.the City. Five
(5) Days prior to the effective date of said cancellation. Said policy shall bb exe-
cuted by an insurance company duly authorized to do business in the State of Texas,
and performable in Harris County, Texas, insuring the owner and providing that the
insurer shall pay all obligations by law upon assured that may result from the
operation of such auto wrecker or wreckers. The maximum amount of recovery in such
policy of insurance shall not be less than the following sums:
For injury to any one person or the death of any one person
in any one accident - Five Thousand ($5,000.00) Dollars.
For injury totwo or more persons or the death of two or
more persons in any one accident - Ten Thousand ($10,000.00)
Dollars.
:,,For injury to.-or destruction of property in any one accident -
Five Thousand,($5,000.00) Dollars.
(b) The above'described public liability-insurance shall be +for the pro -
tection of the public, but shall not -cover -personal injury sustained-by the servants,.
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agents, or employees of the owners filing the same.
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°(c) All policies of insurance shall contain a provision for a continuing
liability thereon up to the full amount thereof, notwithstanding any recovery there-
on,
Section 6. ISSUANCE OF LICENSE;_ EXPMVION.D�TE; GDNIE ;_ SIGNS SHO'CPING
WRECKS ARE LICENSM.
After the owner has filed his application for license. and insurance policy,
and the City Clerk has examined same and found them to be in compliance with the
terms of this ordinance, and has determined that the public convenience and neces-
sity would be best served by granting such license, she shall issue to the owner a
license to operate an auto wrecker in the City, which license shall bear upon its
face a notice that the same expires on the succeeding January first, Each license
shall be dated and numbered and shall show on its face the make, model, motor number
and state license number of each auto wrecker licensed to operate. The Chief of
Police is empowered to prescribe regulations for the displaying of signs on auto
wreckers showing that the same have been licensed as herein provided, and showing
the true ownership of each wrecker.
Section 7. SOPpUMMAL_LICEASSS; LICENSE PERSONAL;._TRANSFER OF WMCKER.
(a) Mere an owner has obtained a license and thereafter desires to in-
crease the number of wreckers to be operated under such license.!he shall file a
supplemental application setting forth his license number and the fact that he de-
sires to operate additional wreckers, giving the make, model, motor number and state
• license number of each additional wrecker. He shall also file the proper license
fee to cover the additional number of wreckers wanted.
(b) He shall also file a new insurance policy, or an endorsement of his
existing policy, covering the new wreckers and increasing the amount of the policy
if such increased amount is required under the terms of section 5.
(c) The City Clerk shall examine such supplemental application. fee and
policy, and if the same are in order, she shall issue a supplemental license. cover -
ing the new wreckers.
(d) 2henever an owner dishes to discontinue the use of an auto wrecker
during the period covered by his license and replace it with another, he shall file
an affidavit stating that he has discontinued using a_ wrecker covered by his license.
and desires to use another wrecker in its place. He shall thereof attach a certificate
from his insurer that such insurer has been notified thereof and - agrees thereto.
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The City
Clerk shall
then issue the
owner a supplemental
license covering
the
new
wrecker
and cause the
description of
the old wrecker to
be cancelled from
the
orig-
inal license. In the affidavit, the certificate from the insurer and the supple-
mental license, the old and new wreckers shall be described by make, model, motor
number and state license number.
(e) A license issued hereunder shall be a personal license to the owner
and shall not entitle any other person to operate such auto wrecker for hire or
as an incident to the business of storing or repairing wrecked or disabled vehicles.
However,whenever the ownership of any auto wrecker covered by a license is trans-
ferred to an owner who does not have a license, such owner may apply to the City
Clerk for a transfer of license and shall obtain the same upon the payment of a fee of
® One ($1.00) Dollar.
Section 8. Mtn. ATIONSGOVERNING_AUr0.4MECKEROPERATION. _ _
(a) Auto wrecker drivers are to obey all ordersof police officers and
all traffic laws of the State of Texas and the City of Baytown, Each wrecker shall
be.,equiped with a broom, shovel and fire - extinguisher, and each wrecker shall be
clearly marked as to its identity. .
(b) Menever an auto wrecker arrives at the place where a motor vehicle
has been disabled by_an accident, the wrecker driver shall park his wrecker a-s close
to the street curb as possible and otherwise dispose of it in such a manner as not
to interfere with traffic. He shall not park his vehicle within a distance of twenty-
five feet from a wrecked or disabled vehicle.
(c) All wrecker drivers, owners or agencies are probibited from soliciting
the business of towing, removing or repairing any wrecked or.disabled. vehicle at the
place where the accident has occurred to such vehicle, by words, cards, circulars,
or gestures until such time as the police officers of the City have arrived at the
place of the accident and completed their investigation.
(d) All wrecker drivers arriving at the place where any accident has oc-
curred shall obey all lawful orders given them by any police officer of the City in-
vestigating such accident and shall not in any manner interfere with such officer
in the performance of his duty.
(e) No wrecker driver shall remove any wrecked or disabled vehicle from
® the place where the accident has occurred or attach his wrecker to the wrecked or
disabled vehicle until the driver of the said vehicle has given permission and until
the police officers of the City investigating the accident shall have completed.their
investigation.
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(f) The fact that no police officer of the City is present at the scene
® of-the accident when an auto wrecker arrives shall not constitute an exception to
this section, and it shall be the duty of any owner or wrecker driver desiring to
tow or haul any wrecked or.disabled vehicle from the scene of the accident to cause
the police department of the City to be notified of the occurrence of the accident,
and to await the arrival of the police officers of the City and the completion of
their investigation.
(g) In the event that the driver of a wrecked or disabled vehicle has
been rendered unable to give permission to a wrecker to remove the wrecked or dis-
abled car, the investigating police officer shall notify the Chief of Police or
other officer in charge of accident investigation to such fact, and such officer
shall give such orders as may be necessary to remove the wrecked or.disabled vehicle
• from the street„ In any event, with or without the driver's permission, the investi-
gating police officers are empowered to order any wrecked or disabled vehicle removed
a sufficient - distance to clear the street for traffic.
Section 9. ENFOAIEMENT;_. REVOCATION AND SUSPENSION OF..LICENSES.
The City Manager and the police department of the City are fully empowered and
it shall be their duty to enforce-this ordinance. The City Manager is authorized in
enforcing this ordinance, in the exercise of a reasonable discretion, to revoke any
owner, =s license or to suspend the same for a given period of time. Notice of revoca-
tion or suspension shall be in writing addressed to the owner, at the address given
in his application for a license, and the additional notice may be given if deemed neces-
to the operation of motor vehicles, and shall particularly inform said City Manager
whenever a complaint-is filed against any owner or wrecker driver for a violation'of
law arising out of the operation of an auto wrecker. Licenses may be revoked or sus-
pended for a violation of ordinances and laws regulating the operating of motor vehicles
generally, 'or for a violation of this ordinance. Any owner whose license has been re-
voked or suspended or who may be refused a license by said City Manager may, within
ten days from and after the date of the order or revocation or suspension, appeal to
the City Council for such order. 'Within ten days from the filing of such..appeal to
the City Council, they shall hear same and shall either sustain or set aside the order,
or, if the order be for revocation, may modify it to suspension for a given period
of time. Any owner whose license has been revoked may not obtain a new license until
sary.
The police department shall advise the
City manager of any
violation by an
owner
or wrecker driver of this ordinance, or
of other ordinances
and laws applicable
to the operation of motor vehicles, and shall particularly inform said City Manager
whenever a complaint-is filed against any owner or wrecker driver for a violation'of
law arising out of the operation of an auto wrecker. Licenses may be revoked or sus-
pended for a violation of ordinances and laws regulating the operating of motor vehicles
generally, 'or for a violation of this ordinance. Any owner whose license has been re-
voked or suspended or who may be refused a license by said City Manager may, within
ten days from and after the date of the order or revocation or suspension, appeal to
the City Council for such order. 'Within ten days from the filing of such..appeal to
the City Council, they shall hear same and shall either sustain or set aside the order,
or, if the order be for revocation, may modify it to suspension for a given period
of time. Any owner whose license has been revoked may not obtain a new license until
one year from the date of the order of revocation and must then have the consent of
• the City Council to obtain a new license.
Section 10. The suspension of a license shall not be a_bar to a prosecution
for a violation of any provision of this ordinance, nor shall such prosecution pre-
vent the suspension or revocation of a license.
Section 11. REPEALING CLA[SE._. All ordinances or parts of ordinances inconsis-
tent 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 res-
pects this ordinance shall be cumulative of other ordinances regulating and govern-
ing the subject matter covered by this ordinance.
Section 12., SAVINGS CLAUSE._ If any provision, exception, section, subsection,
void or invalid, such invalidity shall not affect the validity of the remaining pro-
visions of this ordinance or their application to other persons or sets of circum-
stamces and to this end, all provisions of this ordinance are declared to be severable.
Section 13._ PENALTY.. Any violation of any of the terms of this ordinance whether
herein denominated as unlawful or not, shall be deemed misdemeanor; and any person con-
victed of any such violation shall be fined in a sum not exceeding Two Hundred ($200.00)
Dollars. Each day of the continuance of such violation shall be considered a separate
offense and be punished separately; and any person, agent, or employee engaged in any
such violation shall on conviction be-,so punished therefor.
• Section 19. EFFECTIVE_.DATE._- 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 givennotice hereof by causing the caption of this.ordinance to be published in the
official newspaper of the City of Baytown at least twice within ten (10) days after
the passage of this ordinance.
INIIRODUCED, ?READ and PASSED by the affirmative vote of a majority of the City
Council of the City of Baytown, on this the 8th day of November. A.D., 1956.
ATTEST:
Edna Oliver, City-Clerk
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R. H. Pruett, Mayor
paragraph, sentence,
clause or phrase
of this ordinance or
the application of same
to any person or set
of circumstances
shall for any reason
be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of the remaining pro-
visions of this ordinance or their application to other persons or sets of circum-
stamces and to this end, all provisions of this ordinance are declared to be severable.
Section 13._ PENALTY.. Any violation of any of the terms of this ordinance whether
herein denominated as unlawful or not, shall be deemed misdemeanor; and any person con-
victed of any such violation shall be fined in a sum not exceeding Two Hundred ($200.00)
Dollars. Each day of the continuance of such violation shall be considered a separate
offense and be punished separately; and any person, agent, or employee engaged in any
such violation shall on conviction be-,so punished therefor.
• Section 19. EFFECTIVE_.DATE._- 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 givennotice hereof by causing the caption of this.ordinance to be published in the
official newspaper of the City of Baytown at least twice within ten (10) days after
the passage of this ordinance.
INIIRODUCED, ?READ and PASSED by the affirmative vote of a majority of the City
Council of the City of Baytown, on this the 8th day of November. A.D., 1956.
ATTEST:
Edna Oliver, City-Clerk
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R. H. Pruett, Mayor
COUNTY OF HARRIS )
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STATE OF TEXAS )
iBefore me, the undersigned authority, on this date personally came and
appeared arrtr F- Rnewr+l 3 , duly recognized agent of The Baytown Sun,
a daily newspaper published in Baytown, Harris County, Texas, and who after being drily
sworn, says that the attached notice vas published in The Baytown Sun of
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0VUE'il "JiU bUVbUL -.LVUU VC1V4'U MW WL.L i _j cosy V1 A�L� P QF,- 4-k,`/ n•Lo .Ly7 cp
Notary Public, -rrr s County, Texas
BEULAH MAE JACKSON
"ry Public, In and for Harris County, Texas
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