Ordinance No. 741INDEX OF CONTENTS OF ORDIN,ijICE
Section No. 1:
Section No. 2:
Section No. 3:
Section No. 4:
Section info. 5:
Section No. 6:
Section No. 7:
Section No. 8:
Section No. 9:
Section No. 10:
Section No. 11:
Section No. 12:
Section No. 13:
Section No. 14:
Section No. 15:
Section No. 16:
Section No. 17:
Section No. 18:
Section No. 19:
Section No. 20:
Section No. 21:
Section No. 22:
Section No. 23:
Section No. 24:
Section No. 25:
Section No. 26:
Electrical Board
Duties of Electrical Board
Electrical Inspector (Qualifications and
Appointment)
Duties of Llectrical Inspector
Authority of ilectrical Inspector
Master Electrician's License
I.1aster Sign Electrician's License
Miaintenance Electrician's License
Journeyman Electrician's License
Registration of Apprentice Electricians
License Certificate Expiration Dates, Fees,
Renewals and Duplicates and Vehicles
License a Certificates Non- j"issignable
Suspension or Revocation of License
Home Owners
Permits and Inspections
Certificates of itpproval
Inspection Hours
Dangerous ':firing
i;mergency Powers
Standard & Special Requirements
Fees for Permits cl Inspections
Liability for Damages
Repealing Clause
Savings Clause
Penalty
Effective Date
ORDINANCE NO. 741
AN ORDINANCE REQUIRING A LICENSE FOR THE BUSINESS OF
OPERATING AUTO WRECKERS; PROVIDING A LICENSE FEE; RE-
GULATING THE OPERATION OF AUTO WRECKERS; PROVIDING
THAT, UNLESS OTHERWISE DIRECTED BY THE LEGAL TITLE
HOLDER OF A VEHICLE OR HIS AUTHORIZED REPRESENTATIVE,
NO WRECKER DRIVER SHALL REMOVE ANY WRECKED OR DISABLED
VEHICLE OUTSIDE THE CITY LIMITS OF THE CITY OF BAYTOWN;
REQUIRING LIABILITY INSURANCE, CERTAIN EQUIPMENT AND
STANDARDS OF OPERATION; REPEALING ORDINANCES INCONSIST-
ENT HEREWITH; CONTAINING A SAVINGS CLAUSE PRESCRIBING
A 14AXIIAUt.+ PENALTY OF TWO HUNDRED (-400.00i DOLLARS A 14D
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THERE-
OF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOVM:
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, pushing or otherwise transporting any motor ve-
hicle which has collided with another meter vehicle or other object
or which has been wrecked or disabled in any marrtrre?r, The term "Auto
Wrecker" shall not be construed to include a service car vV other
vehicle not equipped with mechanical devices for transporting wreckeed
vehicles and not used for such purposes, such as service cars equipped
with compressed air containers and tools for repairing punctured tires
or otherwise equipped with tools for performing minor repairs not
involving towage or transportation of wrecked or disabled 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 pur-
poses 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 perform-
ing such towing or hauling without compensation as an incident to ob-
taining the business of storing or repairing such wrecked or disabled
vehicle.
Section 2: License Required: Prima Facie Evidence of 0 erati
.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 incident to obtaining the business of storing or repairing such
wrecked or disabled vehicles, without first having obtained a license from
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the City, duly issued to such person, to operate an auto wrecker on the
streets of the City. In any prosecution for a violation of this section,
proof that an unlicensed auto wrecker was present at the scene of a col -Li.-
sion or accident in which a vehicle was disabled or proof that an unlicen-
sed auto wrecker was towing or hauling a wrecked or disabled vehicle aq-fhe'
streets shall constitute prima facie evidence of such owner operating a e
causing to be operated his auto wrecker on the streets of the City for htr€r
or for the purpose of obtaining the business of storing or repairing Ile,
wrecked or disabled vehicle, but the person charged shall have the rigb t to
introduce evidence to rebut such presumption. Only persons and businestr_s
operating within the city limits of Baytown shall be licensed.
Furthermore, such licensed owner shall make every effort to keep his w_---�cker
or wreckers within the city limits of Baytown and, in every event, should
it be necessary for such wrecker or wreckers to leave the City, it shall
be the duty of the owner to so notify the Police Dispatcher and said Dis-
patcher shall remove said owner from the eligibility list until such time
as such wrecker or wreckers return to the City. Such owner shall be sub-
ject to missing his call during any absences from the city limits. The
purpose of this is to require the wrecker owner and his wreckers to be sta-
tioned and operated from within Baytown.
Section 3: Every person desiring to engage in the wrecker business in the
City of Baytown shall make application in writing, on a form provided for
that purpose, for a permit to engage in the wrecker business and for a per-
mit for ,each wrecker proposed to be operated, and such application shall
contain the name, address, telephone number, the number and types of wrecker
equipment operated, the true owner of the company concerned, and a s *_L-
ment that the applicant does or does not desire to appear on the "Wrecker
Rotation List ". Every application when filed shall be sworn to by the ap-
plicant. Said application shall be accompanied shall be accompanied by -he
license fee hereinafter provided.
Section 4: The City Clerk shall issue a permit to engage in the wrecker
business to all applicants complying with the provisions of this ordinance
and shall issue a permit to all wreckers of such applicants so complying.
No permit authorizing the operation of a wrecker business on the strept�7 of
the City of Baytown shall be issued unless every wrecker proposed to be
used by the applicant complies with the following requirements:
(a) Insurance: Unless there is in full force and effect
a policy or policies of public liability and property
damage insurance, issued by a casualty insurance company
authorized to do business in the State of Texas, and in
the standard form approved by the Board of Insurance
Commissioners of the State of Texas and the coverage pro-
vision insuring the public from any loss or damage that
may arise to any person or property by reason of the op-
eration of a wrecker for which such permit is to be
issued, and providing that the amount of recovery on each
wrecker shall be in limits of not less than the following
sums:
(1) For damages arising out of bodily injury to or
death of one person in any one accident, $10,000.00;
(2) For damages arising out of bodily injury to or death
of tivo or more persons in any one accident, J20,000.0C
(3) For any injury to or destruction of property in any
one accident, .;10,000.00
(b) Each wrecker shall not be less than three - quarter ton in size
and be equipped with booster brakes;
(c) Each wrecker shall be equipped with a povier operated winch,
winchline and boom, with a factory rated lifting capacity
(pr a City tested capacity) of not less than five thousand
44;
(5,000) pounds, single line capacity. The winch line shall
be one -half inch in diameter when used singly, and three -
eighths inch in diameter when used in doubles;
(d) Each wrecker shall carry as standard equipment: Tow bars,
safety chains, a fire extinguisher, wrecking bars, brooms
and an axe;
(e) Each wrecker shall have a red flashing light of at least
four inches in diameter on the top of the cab, visible from
both the front and rear of the truck;
(f) Each wrecker shall have dual wheels on the rear with heavy
duty tires thereon.
The City i.lanager shall designate an official City inspection sta-
tion located within the City. ��11 inspections to qualify for a per-
mit shall be made by this official City inspection station. The In-
spector shall fill out an inspection sheet and sign the same. If the
wrecker inspected does not comply with the specifications of this or-
dinance, the inspector shall make a notation on the inspection form
of this fact. The inspection forms shall be kept by the City Cler.
That such wrecker and all of its equipment shall be inspected at in-
tervals not to exceed six (6) months and no wrecker shall be operated
without passing such inspection.
Section 5: after the oviner has filed his application for a license,
and the City Clerk has examined same and found same to be in compli-
ance with the terms of this ordinance, and has determined that the
public convenience and necessity would be best served by granting such
lincense, 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 6: The license fee to operate an auto wrecker or wreckers shall
be Twenzy-Five ($25.00) Dollars a year for each wrecker which the Owner
desires to operate. All licenses shall expire on the first day of Jan-
uary of each year and shall be renewed the next succeeding first day
of January. If a license is granted subsequent to the first day of
January, the fee shall be pro rated for the balance of the year, and
any portion of a month shall be considered as an entire month in cal-
culating the fee to be charged. By "month' is meant a license month,
that is, from the first day of one month to the first day of the next
month.
Section 7: Su4gplemental ,Licenses= Licenses Personal:. Transfer of VJreckez:
(a) 41here an owner has obtained a license and thereafter desires
to increase 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 desires 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 endorse-
ment of his existing policy, covering the new wreckers and
increasing the amout of the policy if such increased
amount is required under the terms of Section 4.
(c) The City Clerk shall examine such supplemental applica-
tion, fee and policy, and if the same are in order, she
shall issue a supplemental license, covering the wreckers.
(d) Q PnPvPr an owner wishes to discontinue the use of an auto wrecker
during the period covered by this 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 therpto. The City
Clerk shall then issue the owner a supplemental license covering the new
wrecker to be cancelled from the original license. In the affidavit,
the certificate from the insurer and the supplemental 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 dis-
abled vehicles. However, whenever the ownership of any auto wrecker,
covered by a license is transferred to an owner who does not have a
license, such owner may apply to the City Clerk for a transfer of li-
censp and shall obtain the same upon the payment of a fee of One ($1.00)
Dollar.
Section 6: Competent kreckPr Driv -rs:
No person shall drive or operate a wrecker unless and until ho has been
certified by Baytown's Corporation Court Judge to be a safe driver. The Cor-
poration Court Judge saall check the applicant driver's record with the local
Police Department, the Texas Department of Public Safety and any other records
he deems advisable. No applicant driver shall be certified and permitted to
drive a wrecker if he has had four or more convictions for moving violztions
in the previous twelve (12) months or seven or more in the previous twenty -
four (24) months. We a person becomes a wrecker driver, he may have this
right revoked by the City W anagpr if he has more than one accident in a six
(6) month period; provided that such accident occurs while the violator is dri-
ving or operating a wrecker for which a permit has been issued under the provi-
sions of this ordinance.
Section 9: RPqulations Governing Auto__ Acker Gperation:
(a) Auto wrecker drivers are to obey all orders of Police officers
and all traffic laws of the State of Texas and the City of Baytown.
(b) Whenever an auto wrecker arrives at the place where a motor vehicle
has been disabled by an accident, the wrecker driver shall park his
wrecker as 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 owners, drivers or agencies are prohibited from soli-
citing the business of towing, removing or repairing any wrecked or
disabled vphlclp at the place where an accident has occurred to such
WAY, Y , by words, cards, circulars, or gpsturps until such time as
the Police officers of the City have arrived at the place of the acci-
dent and completed their investigation.
(d) All wrecker drivers arriving at the place where any accident has oc-
curred shall obey all lawful orders given therm by any police officer of
the City investigating such accident and shall not in any manner inter -
ferp 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 occurred or attach his wrecker to the wrecked or
disabled. vehicle until the driver of the said vehicle has given permis-
sion and until the policp officers of the City investigating the acci-
dent shall have completed their investigation.
(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 ex-
ception to this section, and it shall be tho duty of any owner or
wrecker driver Miring 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 notitied of the occurrence of the accident, and to wait the
arrival of the police officers of the City and the completion of their
investigation.
_96
(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 disabled car, the investigating 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 npc-
Pssary to remove the wrecked or disabled vehicle from the street. In
any event, with or without the driver's permission, the investigating
police officers are Pmpotvp red to order any wrecked or disabled vehiclp
removed a sufficient distance to clear the strPPt for traffic.
(h) Unless otherwise directed by the legal title holder of a vehicle or
his authorized representative, no wrecker driver shall remove any
wrecked or disabled vehicle outside the city limits of the City of
Baytown.
(i) It is hereby expressly provided, nothing plsw herein ivithstandinq,
that no wrPcker owner an /or driver shall go to or appear at the scene
of an accident unless and until ha is rPquPstPd to do so by telpphonP
by the Baytown Police Dispatchpr.
�Pction 10: The Chief of Police shall cause a `..rpckor Selection Form' , to
be prepared which shall:
(1) Contain a statement by the owner of the disabled vphielp designating
in blank spaces thPrin the wrecker company (onp authorized under this
ordinance to engage in the l.,r(-ckPr Business) which he desires to remove
the disabled vehicle and the place to which he desires the said vehicle
removed;
(2) Contain a statement authorizing any police officer to call the design-
ated wrecker company to rpmov,- the disabled vehicle;
(3) Contain a statement in the alternative that the otvnpr has no prefPrPncP
as to a wrecker company and authorizes any police officer to call the
wrecker company next in line on the- "''.reckpr notation List " maintained
at Police Headquarters, and a statement that he desires the vehicle to
be removed to the place designated by him in a blank space therein; aiid
(4) Provide space for signature of the owner of the vphiclp.
Section 11: '.;hen a police officer investigating an accident dAtermin.es that any
vehicle which has been involved in a collision or accidPp.t upon a public street is
unable to proceed safely under its own power, or when the owner thereof is physically
unable to drive such vehicle, such officer shall rPquPst the owner to dpsignate on
"'.. recker Selection Norm" (described in Section 10) the wrecker company the owner
desires to remove the vehicle. Such designation by the owner shall be indicated
an said form by writing in the blank space provided, the nzmp of the company se-
lected, and the form when completed shall be signed by the owner. The police
officer shall give a copy of the authorization thus made on the form to the ot,,ner
and shall retain for record the original thereof. Upon leaving duty on the same
day, the police officer shall place such original in a well -bound book in the
police department provides] for that purpose. '..hen the owner has designated the
wrecker company desired, the police officer shall communicate that fact immediately
to Police Department Headquarters to call the designated company tr send a tvrPekPr
to the scene of the accident of collision.
Section 12: In the ,vpnt the owner of a vehicle involved in an accident or col-
lision is physically unable to designate the wrecker company desired, or refuses
to designate one, the invpstingating officer shall communicate that fact immediately
to Police Department Headquarters. The Police Department shall keep a master list
(".rocker notation List), in alphabetical order, of all wrecker companies which
(a) HavP been issued a permit.
(b) Have applied to be on such list;
(c) Ftiiaintain twenty -four hour tvrecker service; and on rpcoiving the first
communications after th- effective date of this ordinance, the police officer recei-
ving such communication at Police Headquarters shall call the first surPckPr company
on the list to tow the disabled vehicle and remove the same from the public streets
of the City of Baytown. G'ne Pach sPccPPding communication of the intsbility or re-
fusal of the owner to designate a wrPcker, the next company on the list shall be
called, and proper notation of each such call shall be made on the m ;�istpr list.
Section 13: Nd police officer investigating or presont at the scone or situs
of any wreck, accident or collision on a public street shall, directly or in-
directly either by word, gesturp, sign or othorwisP, rPcommpnt to any parti-
cular person engagod in the wrecker service or repair business; nor shall any
such police officer influence or attempt to influence in any manner the deci-
sion of any person in choosing or selecting a wrecker or repair service. Pro -
vidod, that any police officer, in the exercise of his discretion as a police
officer, may direct that any vehicle, whether towed by a wrecker selected by
the owner of the vehielp or from the "KrpckPr notation List ", shall be takerl
by the driver of the wrecker towing the vehicle directly to the City Pound and
there held by the City of Baytown.
Section 14: Mforcoment: Revocation and _Suspension of Licenses:
The City Manager and the Police Department of the City are fully Pmpowerdd
and it shall be their duty to enforce this ordinance. The City Wager is author -
ized in enforcing this ordinance, in the oxprcise of a reasonable discretion,
to revoke any owner's iicansp or to suspend the same for a given period of time.
Notico of revocation of suspension shall be in writing addressod to the owner,
at the address given in his application for a license, and the additional notice
may be given if O pmed necessary. The police O partmont shall advis;o the City
hanager of any violation by an owner or wrecker driver of this ordinance, or of
other ordinances and laws applicable to the operation of motor vpchiles,• and
shall particularly inform said City Kanagor whenevpr a complaint is ailed against
any owner or wreck -r driver for a violation of law arising out of the operation
of an auto wrecker. Licenses may be revoked or suspended for a violation of
ordinances and laws regulating the operation of motor vehicles generally, or for
a violation of this ordinance. Any owner whose licensp has been revoked or sus-
pended 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. ;':ithin ton days from the filing of such appeal to
the City Council for such order, they shall hear same and shall Pither sustain
or sot aside the order or, if thn order be for revocation, may modify it to sus-
pension 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 revo-
cation and must then have the consent of the City Council to obtain a new license.
Section 15: 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 16: Repealing Clause: 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 Pxtent 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. That certain ordin-
ance No. 728, enacted August 27, 1964, of the ordinance records of tho City of
Baytown is expressly roppalod.
Section 17: Savings Clausp:lf any provision, Pxception, section, paragraph,
sentence, clause or phrase of this ordinance or the application of samo to any
person or sot of circumstances shall for any reason be hold 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 spvPrablp.
Section 18: Penalty: Any violation of any of the terms of this ordinance
whether herein dPnominatpd as unlawful or not, shall be doomed a misdemeanor,
and any person convicted of any such violation shall be fined in a sum not ex-
cepding Two Hundred ($200.00) Dollars. 'each day of the continuance of such
violation shall be considered a separate offense and be punishable spparetly;
and any person, agent or Pmployoe engagpd in any such violation shall, on con-
viction, be so punished therefor.
Section 19: 7ffectivp Date: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City C1Prk is hereby
directed to give notice hereof by causing the caption of this ordinance to be
published in the official newspaper of the City of Baytown at toast twice
within ten (10) days after the passage of this ordinance.
Section 24: Savings Clause: If any provision, exception, section,
subsection, paragraph, sentence, clause or phrase of this ordinance or tiic
application of same to any person or set of circumstances shall for any
reason be held unconstitutional, void or invalid, such invalidity shall not
effect 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 25:
Penalty: 'lny person vfho shall violate any provision
or provisions of this ordinance shall he deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine of not more than Ti,lo Hundred
(.;200.00) Dollars. Each day's violation shall constitute a separate offense.
Section 26: Effective Date: This ordinance shall take effect from
and after ten (10) days from its passage by the .ity council. The City Cler:l
is hereby directed to give notice hereof by causing the caption of this ordin-
ance to be published in the official newspaper of the .-'ity of Baytown at
least twice within ten (10) days after the passage of this ordinance.
IWTR0DUCkD, READ and P.�SSED by the affirmative vote of a majority of
the City Council of the :ity of Baytown this the 11th day of February, 1955.
L&VOW-1
L. Ligge , i -;.D. , i -♦ayor
Edna Oliver, City Clerk
,,PPROVED :
Q�CC2.lt .ems/ l
George handle City i',ttorney