Ordinance No. 986ORDINANCE NO. 986
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF
CHAPTER 6, AUTO WRECKERS, SO AS TO REPEAL THE
PROVISIONS OF SUCH CHAPTER AS PRESENTLY CONSTI-
TUTED, AND TO SUBSTITUTE IN ITS PLACE THE PRO-
VISIONS OF A NEW CHAPTER 6 TO BE ENTITLED "AUTO
WRECKERS AND EMERGENCY AUTO WRECKERS"; CONTAINING
DEFINITIONS, ESTABLISHING REQUIREMENTS FOR PER-
MITS, ESTABLISHING REQUIREMENTS FOR THE APPLICA-
TION OF PERMITS TO OPERATE AUTO WRECKERS AND
EMERGENCY AUTO WRECKERS, PROVIDING FOR ISSUANCE
OF PERMITS, PROVIDING FOR ISSUANCE OF CERTIFICATES
OF CONVENIENCE AND NECESSITY FOR OPERATION OF
EMERGENCY AUTO WRECKERS; PROVIDING FOR AN APPEAL
FROM THE FINDINGS OF THE CITY COUNCIL WRECKER
COMMITTEE AS TO CONVENIENCE AND NECESSITY, ES-
TABLISHING PERMIT FEES, PROVIDING FOR THE REVO-
CATION OF PERMITS, PROVIDING THAT PERMITS ARE
NON- TRANSFERABLE, REQUIRING THE PAYMENT OF ALL
TAXES, ESTABLISHING CERTAIN REGULATIONS FOR THE
OPERATION OF AUTO WRECKERS AND EMERGENCY AUTO
WRECKERS, PROVIDING FOR REQUIRED EQUIPMENT, ES-
TABLISHING PERMISSIBLE FEES AND CHARGES FOR
EMERGENCY AUTO WRECKER SERVICE, PROVIDING FOR A
WRECKER TICKET TO BE ISSUED BY EMERGENCY AUTO
WRECKER OPERATORS AT THE SCENE OF ACCIDENTS,
PROVIDING FOR THE WRECKER SELECTION PROCEDURE,
PROVIDING MISCELLANEOUS PROVISIONS AND RESTRIC-
TIONS, AND ESTABLISHING REQUIREMENTS FOR THE
ISSUANCE OF EMERGENCY AUTO WRECKER DRIVERS' PER-
MITS; REPEALING ORDINANCES INCONSISTENT HEREWITH;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY CLAUSE; AND PROVIDING FOR THE EFFECTIVE
DATES OF VARIOUS PORTIONS OF THIS ORDINANCE.
BAYTOWN:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section 1: That the Code of Ordinances of the
City of Baytown, Texas, is hereby amended by the amendment
of Chapter 6, Auto Wreckers, so as to repeal the provisions
of such chapter as presently constituted, and to substitute
in its place new provisions which shall read as follows, to -wit:
CHAPTER 6
AUTO WRECKERS AND EMERGENCY AUTO WRECKERS
Section 6 -1. DEFINITIONS.
(a) Auto Wrecker. The term "Auto Wrecker,"
as used in this Chapter, shall mean any automobile,
truck, or other motor vehicle used for the purpose
of towing, carrying, pushing, or otherwise trans-
porting any motor vehicle which has collided with
another motor vehicle or other object, or which
has been wrecked or disabled in any manner, from
one place to another for any purpose, including
but not limited to the purpose of wrecking, storing,
or repairing the vehicle, and does not appear
at the scene of an accident w ere a vehicle has
been wrecked or disabled upon a public street
or public place for the purpose or expectation
of towing one of the vehicles from the scene
unless summoned there by the owner of the ve-
hicle involved in such accident, either directly
or through the Police Department. The term
"Auto Wrecker" shall not be construed to include
a service car or other vehicle not equipped with
mechanical devices for transporting wrecked ve-
hicles 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 transpor-
tation of wrecked or disabled vehicles.
(b) Emergency Auto Wrecker. The term "Emergency
Auto Wrecker ", as used in this Chapter, shall mean
an "Auto Wrecker" which may lawfully appear at
the scene of an accident where a vehicle has col-
lided with another vehicle or other object or
which has been wrecked or disabled in any manner
for the purpose or expectation of towing, removing
or hauling away the wrecked vehicle or vehicles
from the scene of the accident without having been
expressly summoned there by the Police Department
or the owner of one of the vehicles involved in
the accident.
(c) Person. The term "Person" shall include both
singular and plural and shall mean and include any
individual, firm, corporation, association or
partnership.
(d) Wrecker Driver. The term "Wrecker Driver ", as
used in this Chapter, means any individual who ac-
tually operates and drives an "Auto Wrecker" or
"Emergency Auto Wrecker" on the streets of the City
of Baytown, either on his own account or in the
employ of another.
(e) Owner. The term "Owner ", as used in this Chap-
ter, shall be construed to mean any person engaged
in the business of towing motor vehicles for hire
or engaged in the business of storing, wrecking or
repairing motor vehicles for hire and who owns or
is entitled to use any "Auto Wrecker ", or "Emergency
Auto Wrecker ", and who uses same in the conduct of
his business or any part thereof.
(f) Committee. The term "Committee ", as used in
this Chapter, shall mean the City Council Wrecker
Committee. The original members of such Committee
shall be appointed by the Mayor as in the case of
other City Council committees, and such members
shall be reappointed from time to time as required.
(g) Medallions. The term "Medallions ", as used in
this Chapter, shall mean the small metal tags issued
by the City Clerk's office to the owner of a permit
for an "Auto Wrecker" or "Emergency Auto Wrecker ",
evidencing the official licensing of such "Auto
Wrecker" or "Emergency Auto Wrecker" with the City
of Baytown.
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Section 6 -2. PERMITS REQUIRED.
(a) Auto Wreckers. It shall be unlawful for
any person to drive or operate or cause to be driven
or operated any "Auto Wrecker" as heretofore defined
upon any public 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, wrecking or repairing such wrecked
or disabled vehicles without having first obtained
an "Auto Wrecker" permit, from the City of Baytown,
duly issued to such person to operate an "Auto Wrecker"
on the Streets of the City under the terms and pro-
visions of this Chapter.
(b) Emergency Auto Wreckers. It shall be un-
lawful for any person to drive or operate or cause
to be driven or operated any "Emergency Auto Wrecker ",
as that term has been heretofore defined, upon any
public 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, wrecking or repairing such wrecked or disabled
vehicles, without having first obtained an "Emergency
Adto Wrecker" permit, from the City of Baytown, duly
issued to such person to operate an "Emergency Auto
Wrecker" on the streets of the City. The holder of
an "Emergency Auto Wrecker" permit shall not be re-
quired to obtain an "Auto Wrecker" permit in addition
thereto. In any prosecution for a violation of this
subsection, proof that an owner's "Auto Wrecker" was
present at the scene of a collision or accident in
which a vehicle was wrecked or disabled shall consti-
tute prima facie evidence that such owner was opera-
ting or causing to be operated his "Auto Wrecker" as
an unlicensed "Emergency Auto Wrecker ", but the person
charged shall have the right to introduce evidence
to prove that the owner of a damaged vehicle, the
owner's agent or the Police Department summoned him
to the scene of the accident.
Section 6 -3. INSURANCE REQUIRED.
(a) Before any permit shall be issued to any
owner of an "Auto Wrecker" or "Emergency Auto Wrecker ",
or before any renewal of said permit shall be granted,
the owner shall be required to file an insurance policy
and /or certificate of insurance with the City Clerk,
evidencing insurance coverage complying with the re-
quirements contained in Paragraph (b) below.
(b) Insurance coverage in Paragraph (a) above
means an insurance policy or policies and /or a certi-
ficate, or certificates of insurance covering all li-
censed "Auto Wreckers" or "Emergency Auto Wreckers"
of the insured, issued by a company or companies qua-
lified to do business in the State of Texas and per-
formable in Harris County, Texas. All insurance policies
or certificates of insurance, including garage lia-
bility policies, must show the year, make and model,
State license number and motor number of all "Auto
Wreckers" or "Emergency Auto Wreckers ", which have been
authorized to operate by the City of Baytown. All
such insurance policies and /or certificates of in-
surance must contain a provision, or an endorsement,
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requiring that the City Clerk shall be given at
least ten (10) days' written notice prior to the
date of cancellation before such policy may be can-
celled by the insurer, for any cause. All such policies
shall provide the minimum coverage to show "proof
of financial responsibility" as that term is defined
in the Texas Motor Vehicle Safety Responsibility Act,
as now in force or hereafter amended. However, in no
event shall insurance coverage on either type of
wrecker be less than the amount of TEN THOUSAND
($10,000.00) DOLLARS for bodily injury to or death
of one person in any one accident and, subject to
said limit for one person, in the amount of TWENTY
THOUSAND ($20,000.00) DOLLARS for bodily injury to
or death of two or more persons in any one accident,
and in the amount of TEN THOUSAND ($10,000.00) DOL-
LARS for injury to or destruction of property of
others in any one accident. The City shall suspend,
cancel or revoke any "Auto Wrecker" or "Emergency
Auto Wrecker" permit heretofore issued without fur-
ther notice to the owner, if satisfactory insurance
as herein required is not in full force and effect
at all times.
Section 6 -4. APPLICATION FOR "AUTO WRECKER" PERMITS.
Any owner desiring to operate an "Auto Wrecker"
or "Auto Wreckers" in the City shall apply in wri-
ting for a permit to the City Clerk, and shall state
the following in his application:
1. The name and address of the owner. If an indi-
vidual, the application shall so state. If a part-
nership, the partnership name and address shall be
given together with the names and 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" the 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
Chapter, the name and address of the true owner shall
be given. If the "Auto Wrecker" is operated under
the terms of a contract with some company other than
the owner, a copy of the contract shall also be attached.
4. A statement that the owner will obey the provi-
sions of this Chapter and of all other Ordinances
and Statutes applicable to motor vehicles and agrees
that upon his failure to so obey such laws that his
permit 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
president and attested by the secretary and the cor-
porate seal affixed. In all cases, the person sign-
ing shall execute an affidavit, on the application
form, that the statements contained in such affida-
vit are true and correct.
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6. Such application shall be accompanied by an
"Auto Wrecker" permit fee of FIFTY AND NO /100
($50.00) DOLLARS a year for each wrecker the ow-
ner desires to operate. All permits shall expire
on the 31st day of December each year and shall be
then renewed until the next succeeding 31st day of
December. If a permit is granted subsequent to the
lst day of January in any,permit year, 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.
Section 6 -5. ISSUANCE OF "AUTO WRECKER" PERMITS.
After the owner has filed his "Auto Wrecker" ap-
plication, permit fee, and insurance policy, and the
City Clerk has examined same and found them to be in
compliance with the terms of this Chapter, he shall
issue to the owner a permit for each "Auto Wrecker"
licensed, which permit shall bear upon its face a
notice that the same expires on the succeeding
December 31st. Each permit shall be dated and
numbered and shall show on its face the make, model,
motor number and state license number of the "Auto
Wrecker" licensed and the Medallion number given to
it by the City Clerk. The Committee is empowered
to prescribe regulations for the displaying of signs
and Medallions on "Auto Wreckers" showing that the
same have been licensed as herein provided.
Section 6 -6. ADDITIONAL AND REPLACEMENT "AUTO WRECKER"
PERMITS.
(a) When an owner has obtained an "Auto Wrecker"
permit and thereafter desires to increase the number
of "Auto Wreckers" to be operated, he shall file a
supplemental application setting forth his permit
number and the fact that he desires to operate ad-
ditional wreckers, giving the make, model, motor
number and state license number of each additional
"Auto Wrecker ". He shall also file the,proper permit
fee to cover the additional number of "Auto Wrecker"
permits.
(b) He shall also file with the City Clerk a
new insurance policy or a proper endorsement on the
existing policy, covering the additional "Auto Wreckers ".
(c) The City Clerk shall examine such supplemental
"Auto Wrecker" application, fee and policy, and if the
same are in order, shall issue "Auto Wrecker" permits
covering each additional "Auto Wrecker ".
(d) Whenever an owner wishes to discontinue the
use of an "Auto Wrecker" during the period covered
by his permit and replace it with another, he shall
file an affidavit stating that he has discontinued
using the "Auto Wrecker" covered by his permit, and
desires to use another "Auto Wrecker" in its place.
He shall also attach ,a certificate from his insurer
that such insurer has been notified thereof and has
agreed to make the appropriate transfer of coverage.
The City Clerk shall,upon the payment of a $25.00
transfer fee, issue the owner a new permit covering
the replacement "Auto Wrecker ", as provided in Section 6 -5,
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and cause the old "Auto Wrecker" permit to be can-
celled and voided. In the affidavit, as well as the
certificate from the insurer, the old and new "Auto
Wreckers" shall be described by make, model, motor
number and state license number.
Section 6 -7. APPLICATION FOR "EMERGENCY AUTO WRECKER"
PERMITS.
Any owner desiring to operate an "Emergency Auto
Wrecker" or "Emergency Auto Wreckers" in the City shall
make application to the City Clerk for an "Emergency
Auto Wrecker" permit or permits. Such application
shall be submitted upon forms to be furnished by the
City Clerk and the applicant shall furnish the fol-
lowing proof and information with his application,
which shall be sworn to before a Notary Public:
(a) The name and address of the owner shall
be stated, and if the "Emergency Auto Wrecker"
is to be operated under the name of some com-
pany other than the name of the owner, then
the name of the company shall be stated. Ac-
companying the application shall be a signed
copy of the agreement and contract between
the owner and the company in whose name the
"Emergency Auto Wrecker" is to operate. The
"Emergency Auto Wrecker" permit shall be issued
in the joint names and no transfer from one
company to another company by the owner shall
be permitted. If an individual, the applica-
tion shall so state. If a partnership, the
partnership name and address shall be given
together with the names and 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. All of the provisions and re-
quirements applicable to persons in this Chap-
ter shall apply to and be required of each
partner or each principal officer and the
failure of any of them to meet such require-
ments shall be grounds to deny the application
of the corporation or partnership. All changes
of such officers or partners shall be reported
to the City Clerk within ten (10) days after
thechange and such new officers or partners
shall individually file applications certifying
to their individual qualifications within such
time, and the failure to certify within such
time or to possess such qualifications re-
quired of such persons under this Chapter
shall be cause for the suspension of all per-
mits held by such corporation or partnership.
(b) Each person making application for a per-
mit shall submit three passport -size photographs
of himself to the City Clerk and shall further
submit himself to be fingerprinted at the Police
Department.
(c) The application shall list the make, model,
motor number and correct state license number
of the vehicle to be licensed by the applicant
as an "Emergency Auto Wrecker ".
(d) Any person making application for an
"Emergency Auto Wrecker" permit shall deposit
with the City Clerk, upon making application,
a sum of money in the amount of FIFTY AND NO /100
($50.00) DOLLARS. Said sum shall be used to
pay for the advertising of such application
in the newspaper for three (3) consecutive days.
Within fifteen (15) days after receiving such
sum and qualifying data, the City shall cause
to be published in the newspaper for three (3)
consecutive days a notice to all holders of
"Emergency Auto Wrecker" permits and all other
interested persons. Such notice shall adver-
tise the time and place of a public hearing,
which said hearing shall be held not less than
five (5) nor more than fifteen (15) days from
the date of the first publication. Such notice
shall give the name of the applicant, the name
of the business under which the applicant pro-
poses to operate and any other pertinent data
that the City Clerk may deem necessary. If
such deposit is in excess of the cost of ad-
vertising, the City Clerk shall cause such
excess to be returned to the applicant and
likewise if the amount is insufficient to pay
the cost of the advertising, the City Clerk
shall then require the applicant to pay for
the deficiency. Hearings and investigation
for the purpose of determining public convenience
and necessity shall be held before the Com-
mittee at the time and place designated.
(e) The Committee may have in attendance at
such hearing a representative from the City
Legal Department, a reporter, and any other
person that it may deem necessary to conduct
said hearing. At the time of the hearings
and investigation with reference to whether
or not public convenience and necessity exists
for the issuance of such permits the Committee
shall consider all the evidence of the ap-
plicant and his witnesses. It shall further
hear all the evidence of the protestants and
their witnesses and shall have the right to
call such other witnesses as the Committee
may deem necessary. In all such hearings, the
burden of proof shall be upon the applicant
to establish by clear, cogent and convincing
evidence that public convenience and necessity
exists for the operation of the "Emergency Auto
Wrecker(s)" designated in the application.
(f) In determining whether public convenience
and necessity exists for the issuance of a cer-
tificate on the application to operate an
"Emergency Auto Wrecker" on the streets of the
City of Baytown, the Committee shall take into
consideration the following:
1. The financial responsibility of the
applicant.
2. The number of vehicles to be operated.
3. The moral character of the applicant.
4. Make, model and type of vehicle or
vehicles to be used.
5. The effect of additional vehicles
upon traffic congestion, vehicular and
pedestrian alike.
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6. That applicant has a properly
fenced storage facility for wrecked
vehicles; size of business location
and lot.
7. Determine that all City ad valorem taxes
and other City taxes of the applicant
have been paid.
8. Whether the vehicle shall be ope-
rated by the owner, or by his employee
with bona fide employer- employee re-
lationship.
9. Whether the applicant proposes to
own, rent or lease the vehicle to be
used.
10. The number of "Emergency Auto
Wreckers" then in existence and licensed.
11. Whether the requirements of public
convenience and necessity can be met
and complied with only by the issuance
of additional certificates of public
convenience and necessity for "Emer-
gency Auto Wreckers ".
12. Any and all other facts the Com-
mittee may deem relevant.
Section 6 -8. ISSUANCE OF CERTIFICATES OF CONVENIENCE
AND N CESSITY FOR EMERGENCY AUTO WREC ER"
PERMITS.
If the Committee finds after the hearing and
investigation that public convenience and necessity
exists for the operation of said "Emergency Auto
Wreckers" that have been applied for, the Committee
shall then instruct the City Clerk to notify the ap-
plicant in writing within ten (10) days from the last
date of the hearing that such vehicle or vehicles are
authorized to operate under the provisions of this
Chapter so long as they are in compliance with all
of the provisions hereof and all Federal, State,
County and City laws and ordinances. The Committee
shall also instruct the City Clerk to publish an
official notice of its findings in the newspaper
within such time.
Section 6 -9. DENIAL OF CERTIFICATE OF CONVENIENCE AND
NECESSITY FOR "EMERGENCY AUTO WRECKER
PERMITS.
If the Committee finds from its hearings and in-
vestigation that convenience and necessity does not
exist for the operation of the vehicle or vehicles
applied for, it shall instruct the City Clerk to so
notify the applicant in writing within ten (10) days
from the last date of the hearing. An applicant who
has been denied a permit or permits by the Committee,
and whose appeal to the City Council, as hereinafter
provided, is denied, or the decision not having been
appealed to the Council, shall not be permitted to
make another application for six months from the
date of his filing of the application for the "Emer-
gency Auto Wrecker" permit.
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Section 6 -10. APPEAL FROM THE FINDINGS OF THE COUNCIL
WRECKER COMMITTEE.
After the Committee has made its findings and de-
clares same the applicant, or any person opposing the
said application who entered an appearance at the hearing
before the Committee, shall have the right to file an
appeal within ten (10) days from the receipt of the City
Clerk's written notice, or from the date of the published
notice, as applicable. The appeal shall be in the form
of a letter addressed to the City Clerk stating that an
appeal from the decision of the Committee is desired.
The City Clerk shall notify the City Council of such
appeal, and the Council, as soon as practicable, after
receiving said notice of appeal together with the findings of
the Committee, shall grant or deny, in open session, such ap-
plication for a hearing. If a hearing is granted, the
City Council shall sustain, modify or reverse the find-
ings made by the Committee and shall so notify the City
Clerk of its findings. The findings of the City Council
shall be final. If no appeal is made to the City Council
from the Committee's decision within ten (10) days, as
indicated above, then such decision shall become final.
Section 6 -11. FEE FOR "EMERGENCY AUTO WRECKER" PERMITS.
The permit fee to operate an "Emergency Auto
Wrecker" or "Emergency Auto Wreckers" shall be ONE HUN-
DRED TWENTY-FIVE & NO/100 ($125.00) DOLLARS per year
for each "Emergency Auto Wrecker" which the owner is
licensed to operate. All permits shall expire on the
31st day of December of each year and shall then be
renewed until the next succeeding 31st day of December.
If a permit is granted subsequent to the 1st day of
January in any permit year, the fee shall be paid pro
rata for the balance of the year, and any portion of
a month shall be considered an entire month in calcu-
lating the fee to be charged.
Section 6 -12. ISSUANCE OF "EMERGENCY AUTO WRECKER" PERMITS.
After the owner has filed his application for an
"Emergency Auto Wrecker" permit, a hearing held and con-
venience and necessity found to exist, and the applicant
has filed the required insurance, and the City Clerk and
City Attorney have examined same and found them to be
in compliance with the terms of this Chapter, the City
Clerk shall issue to the owner a permit to operate an
"Emergency Auto Wrecker" in the City upon the public
streets, which permit shall bear upon its face the make,
model, motor number, medallion number and the license
number of the "Emergency Auto Wrecker ". Medallions
shall be issued by the City Clerk to be attached to the
"Emergency Auto Wrecker ". The Medallions are and shall
always remain the property of the City of Baytown. In
the event of suspension or revocation of a permit or
permits, for any cause, it shall be unlawful for the
owner of said permits to retain such Medallions, and
he shall surrender the Medallion or Medallions covered
by such permits to the City Clerk immediately upon no-
tification of such suspension or revocation. The Com-
mittee is hereby empowered to prescribe regulations for
the displaying of signs and location of Medallions on
"Emergency Auto Wreckers" showing that the same have
been licensed as herein provided.
Section 6 -13. REVOCATION OR SUSPENSION OF "EMERGENCY AUTO
WRECKER OR MAUTO WRECKER" PERMITS.
(a) Upon a complaint being filed by any per-
son with the City Manager of a violation of any of the
terms or provisions of this Chapter or the violation
of any of the laws of the State, Federal Government
or City, or upon motion of any member of the Com-
mittee, the Committee may, after ten (10) days' writ-
ten notice to the permit holder stating the grounds of
said complaint, conduct a hearing to hear evidence with
reference to such complaint or motion. Should such
hearing reveal a violation of any of the terms of
this Chapter or the laws of this State or Federal
Government or other ordinances of the City, the Com-
mittee may suspend, cancel or revoke the permit or
permits of such permit holder, as the offense may
direct.
(b) After the Committee has held its hearing
and investigation upon the complaint or motion for
the suspension, cancellation or revocation of a per-
mit of any owner of an "Auto Wrecker" or "Emergency
Auto Wrecker ", it shall make its findings and direct
the City Clerk to declare the same in writing to the
owner or operator of such "Auto Wrecker" or "Emergency
Auto Wrecker" within ten (10) days after said hearing.
The owner of such "Auto Wrecker" or "Emergency Auto
Wrecker" shall have the right to appeal to the City
Council within ten (10) days from the receipt of the
writen decision of the Committee only in the event
of a revocation of the permit of the owner by the
Committee. Such appeal shall be in the form of a
letter addressed and delivered to the City Clerk,
stating that an appeal is desired from the revoca-
tion of the Committee. The City Clerk shall notify
the City Council of such appeal, and the Council,
as soon as practicable thereafter, shall notify the
appellant as to whether or not such an appeal will be
heard. If the City Council grants such an appeal,
it shall either sustain or reverse the revocation of
the Committee. If no appeal is taken from the Com-
mittee's action within ten (10) days, as set out above,
then the decision of the Committee shall be final.
Section 6 -14. TRANSFER OF "EMERGENCY AUTO WRECKER"
PERMITS.
Whenever an owner wishes to discontinue the use
of an "Emergency Auto Wrecker" during the period covered
by his permit and replace it with another, he shall
file an affidavit stating that he has discontinued
using the "Emergency Auto Wrecker" covered by his
permit, and desires to use another "Emergency Auto
Wrecker" in its place. He shall also attach a cer-
tificate from his insurer that such insurer has been
notified thereof and agrees thereto. The City Clerk
shall,upon the payment of a $25.00 transfer fee, issue
the owner a new permit covering the new "Emergency
Auto Wrecker ", as provided in Section 6 -12 hereof,
and cause the old "Emergency Auto Wrecker" permit
to be cancelled and voided. In the affidavit, as
well as the certificate from the insurer, the old
and new "Emergency Auto Wrecker" shall be described
by make, model, motor number and State License number.
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Section 6 -15. PERMITS ARE PERSONAL TO OWNERS THEREOF.
(a) A permit issued hereunder for an "Auto Wrecker"
or an "Emergency Auto Wrecker" shall be a personal per-
mit to the owner and shall not entitle any other person
or corporation to operate such "Auto Wrecker" or "Emer-
gency Auto Wrecker ". The permits issued pursuant to
this Chapter are transferable as between owners only
upon the express approval of the Committee, and shall
be subject to a $25.00 transfer fee, if approved. A
denial of the right of transfer a permit may be appealed
to the City Council, in compliance with the terms of
Section 6 -10 hereof. Upon cancellation of any permit
no portion of the permit fee shall be refunded to the
owner thereof.
Section 6 -16. AD VALOREM TAXES.
(a) It shall be unlawful for any person, cor-
poration or partnership to use the streets of the City
for the operation of an "Auto Wrecker" or an "Emergency
Auto Wrecker" unless all City ad valorem and other City
taxes on all properties used and useful in the furnishing
of "Auto Wrecker" and "Emergency Auto Wrecker" service
shall have been first paid.
(b) The owner or operator of any property used
and useful in the furnishing of "Auto Wrecker" or
"Emergency Auto Wreckers" shall, on or before the 31st
day of January of each year, furnish the City Clerk with
satisfactory evidence that all ad valorem and other
taxes due the City have been duly paid. If an inves-
tigation by the City Clerk discloses that such taxes
were not in fact paid, the owner's permit shall
be automatically suspended, and if such taxes are not
paid in full within sixty (60) days thereafter, the Committee
may cause such permit to be indefinitely suspended, can-
celled or revoked.
Section 6 -17. REGULATIONS ON OPERATIONS.
(a) The Committee is hereby authorized to promulgate
any and all rules and regulations relating to the operation
of "Auto Wreckers" and "Emergency Auto Wreckers ", insofar
as such rules and regulations are not inconsistent with any
of the provisions of this Chapter, deemed necessary to pro-
tect public safety and welfare. Specifically, but with-
out limitation, the Committee is hereby authorized to
promulgate any rules relating to restrictions on the number
of "Emergency Auto Wreckers" which may operate on the
streets of the City of Baytown at any one time. The Com-
mittee shall cause the City Clerk to serve copies of
such rules on owners at their registered addresses by cer-
tified mail. Such notices shall fully set out any rules
promulgated, and the effective dates thereof.
Any permit holders shall have the right, in accordance
with the provisions of Section 6 -10, to appeal to the City
Council with regard to any rules and restrictions promulgated
by the Committee felt by such permit holder to be unduly
onerous.
(b) Whenever an "Emergency Auto Wrecker" arrives at
the place where a motor vehicle has been disabled by an
accident, the 'Imergency Auto Wrecker" driver shall
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(e) Each "Emergency Auto Wrecker ", and all "Auto
Wreckers" that are to be eligible to be summoned to an
accident scene when requested by a driver, shall be pro-
vided with the following:
1. Fire extinguishers; said fire ex-
tinguishers being defined as that
piece of equipment commonly carried
to extinguish fires caused as a re-
sult of an auto accident or collision.
Said fire extinguisher to be a standard
type, chemical fire extinguisher de-
signed to combat motor vehicle fires.
2. Parking flares; said parking flares
being defined as that piece of equip-
ment commonly used in motor transpor-
tation as a signal flare or light to
warn of an obstruction on the highway.
3. Tow bar; said tow bars being that
piece of equipment sometimes known as
the A- frame, which is a part of the
"Auto Wrecker" and is used to hold a
vehicle, which has been elevated for
towing, rigid and to prevent swinging
of said raised vehicle as it is being
towed. When a vehicle is being towed
the tow bar shall be in place to pre-
vent swinging.
4. Broom and sand box; said broom and
sand box with at least a three (3) gal-
lon capacity for the purpose of cleaning
up oil and other liquids.
5. Shovel, axe, and pinch bar.
6. A container to hold galss and debris.
Every "Emergency Auto Wrecker" and those "Auto
Wreckers" which are to be eligible to be summoned to
an accident scene shall carry the above named equip-
ment at all times.
(f) It shall be the duty of the driver of each
"Emergency Auto Wrecker" and "Auto Wrecker" that picks
up a wrecked or disabled vehicle for the purpose of
towing the same away to clear the street of any and
all debris, parts or glass. In the event two or more
wreckers pick up vehicles for towing, it shall be the
duty of each driver to clear the street of debris,
parts or glass.
Section 6 -19. PERMISSIBLE FEES AND CHARGES.
(a) 1. The standard charge for a "normal
tow" from the scene of the accident in
the City limits of the City of Baytown
to the place of business of the wrecker
operator, or other location instructed
by the owner, will not exceed $15.00.
This charge will apply either day or
night, holidays or Sundays. If the
owner of the vehicle being towed re-
quires the vehicle to be moved or
transferred after the vehicle has been
13-
towed to a location specified in
the wrecker ticket, there may be
an additional charge of $5.00 for
transferring the vehicle within
the city limits. A "normal tow" is
defined as "picking up the vehicle
or moving and towing the vehicle
from the street to a location ".
There will be no additional char-
ges to disengage one vehicle from
another, as this will be considered
part of a normal tow when the ve-
hicles are moved from the street.
2. An additional charge may be made
for the following additional labor
that is not required in a "normal
tow ", to -wit:
(a) An additional charge, not
to exceed $10.00, may be made
for a ditch pull and /or roll-
over in those cases where two
separate pulls with the wrecker's
winch line are actually required.
(b) An additional charge, not
to exceed $5.00, may be made for
disengaging and removing the
drive shaft, or for other exceptional labor.
3. A charge not to exceed $40.00, may
be made when it is required to "air-
plane" a wrecked vehicle; i.e., to
completely pull the wrecked vehicle upon
the wrecker. This charge shall be all
inclusive, and no other charge may be
imposed when it is made.
4. Except in the event of an airplane
charge, the MAXIMUM CHARGE for any and
all tows from the scene of an accident
in the City limits shall be $30.00.
5. A charge not to exceed $2.00 per
day may be made for the storage of wrecked
vehicles.
(b) Every holder of an "Emergency Auto Wrecker"
permit and those "Auto Wrecker" permit holders that
are eligible to be summoned to scenes of accidents
shall utilize an official wrecker ticket provided by
the City of Baytown containing the following informa-
tion:
1. Name and address of wrecker company.
2. Time and location of accident.
3. Place to which vehicle is to be towed.
4. Description of vehicle and general
description of parts of vehicle that
have been damaged.
5. Itemized list of services to be per-
formed, charges for each, and total
charges.
-14-
59
W
6. Places for signature of auto owner or
other person (including a police officer)
authorizing tow of vehicle.
7. One copy of the wrecker ticket is to be
given to the customer, and one copy is
to be given to the investigating
police officer.
Section 6 -20. WRECKER SELECTION PROCEDURE.
(a) The "Wrecker Selection Form ", as set out in
Annex "A" hereto, shall be exhibited by the Police of-
ficer investigating an accident to the driver or drivers
of vehicles requiring wrecker service. All wrecker ope-
rators holding "Emergency Auto Wrecker" permits issued
by the City shall be on such "Wrecker Selection Form ",
as well as those wrecker operators holding "Auto Wrecker"
permits who desire to have them summoned to accident
scenes, and who meet all requirements of this chapter.
(b) When a police officer investigating an accident
determines that the services of a wrecker are needed,
such officer shall request the owner to designate on the
"Wrecker Selection Form" the wrecker company the owner
desires to remove the vehicle. Such designation by the
owner shall be indicated on said form by writing in
the blank space provided, the name 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 owner and
shall retain for record the original thereof. If the
wrecker company selected has an "Emergency Auto Wrecker"
at the scene, it shall be permitted to pick up the ve-
hicle when authority to do so is given by the police
officer. If the wrecker company selected does not have
an "Emergency Auto Wrecker" at the scene, the driver
may telephone such company, or request the police of-
ficer to summon such company.
(c) In the event the owner of a vehicle involved
in an accident or collision is physically unable to de-
signate the wrecker company desired, or refuses to de-
signate one, the investigating officer shall allow the
"Emergency Auto Wrecker" operators at the scene to se-
lect the wrecker to make the tow among themselves.
(d) No police officer investigating or present at
the scene of any wreck, accident or collision on a public
street shall, directly or indirectly, either by word,
gesture, sign or otherwise, recommend any particular
person engaged in the wrecker service or repair busi-
ness; nor shall any such police officer influence or
attempt to influence in any manner the decision of any
person in choosing or selecting a wrecker or repair
service.
Section 6 -21. MISCELLANEOUS PROVISIONS AND RESTRICTIONS.
(a) The selling or other granting of the right
to tow any disabled vehicle is prohibited. The person
signing for the disabled vehicle shall be able to account
for the vehicle at all times. A violation of this sec-
tion shall constitute the basis of cancellation of the
license without further notice.
-15-
(b) Once a wrecker
hicle for the purpose of
the wrecker driver shall
and leave it parked prior
signated location.
has been attached to a ve-
towing it to a location,
not disengage such vehicle
to its arrival at the de-
(c) The Committee may, when an increase in the
permissible charges herein provided is sought, request
that the books of account and other records normally
accepted in sound accounting practices, and which would
reflect a complete and accurate record of all expenses
and income in connection with the actual operation of
"Emergency Auto Wrecker" permits and the maintenance
of equipment, be presented to the Committee to sub-
stantiate such increase.
Section 6 -22. "EMERGENCY AUTO WRECKER" DRIVER'S PERMIT.
(a) It shall be unlawful for any person to drive
or operate an "Emergency Auto Wrecker" within the City
of Baytown without first having secured an "Emergency
Auto Wrecker" driver's permit duly issued said person
by the City Clerk.
(b) Each and every applicant for an "Emergency
Auto Wrecker" driver's permit shall be a citizen of the
United States, shall be at least eighteen (18) years of
age, and shall have operated a motor vehicle in and upon
the streets of the City for at least two (2) years im-
mediately prior to the filing of application for an
"Emergency Auto Wrecker" driver's permit.
(c) It shall be unlawful for any owner to permit
any person to drive or operate an "Emergency Auto Wrecker"
without such driver first having obtained an "Emergency
Auto Wrecker" driver's permit duly issued by the City
of Baytown.
(d) Any person desiring to drive an "Emergency
Auto Wrecker" shall file an application for an "Emer-
gency Auto Wrecker" driver's permit with the City Clerk,
on application forms to be furnished by the City Clerk.
Said forms shall provide for the applicant's name, age,
present address, last address, last place of employ-
ment, whether the applicant has been convicted of a
motor vehicle traffic or criminal law of the City, or
the State of Texas, or any other State, or Federal
law, with a space sufficient for particulars concern-
ing such violation, if any, and the length of time the
applicant has driven a motor vehicle, and the number
and type of license to drive issued to applicant by
the State of Texas. After filling in the above described
form, the applicant shall sign same and shall swear
to the truthfulness of the answer made in said applica-
tion before a Notary Public. The Municipal Court Judge
shall examine the application, and investigate the
applicant's character and then shall determine whether
or not the applicant meets the requirements of this sec-
tion. The Judge shall make a report of his decision
to the City Clerk. Should the Judge determine that an
applicant is unfit to be licensed under the provisions
of this section, an appeal may be had from his decision
to the Committee by filing a letter with the City Clerk
requesting such appeal within ten (10) days after the
City Clerk's receipt of the Judge's decision. No
-16-
1
applicant driver shall be licensed to drive a wrecker
if he has had three (3) or more convictions for moving
violations in the previous twelve (12) months or five
(5) or more in the previous twenty -four (24) months.
Once a person becomes a licensed wrecker driver, he
may have his permit revoked by the Committee if he de-
monstrates an unsafe driving record by the occurrence
of accidents while operating a wrecker, or otherwise
or for being convicted of two (2) or more moving traf-
fic violations within a twelve (12) month period while
operating a wrecker, or a total of four (4) such vio-
lations including non - wrecker operation violations.
Section 2: Repealing Clause: All ordinances or
parts of ordinances inconsistent with the terms of this or-
dinance are hereby repealed; provided, however, that such re-
peal 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 3: Savings Clause: If any provisions,
section, exception, subsection, 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 provisions of this ordi-
nance or their application to other persons or sets of circum-
stances and to this end all provisions of this ordinance are
declared to be severable.
Section 4: Penalty Clause: Any person who violates
any provision or provisions of this ordinance shall be punished
by a fine of not more than TWO HUNDRED ($200.00) DOLLARS, and
each violation shall constitute a separate offense.
Section 5: Effective Date:
(a) All provisions of this ordinance pertaining
to required equipment for wreckers shall become effective
January 1, 1970.
-17-
j"Oft"',
'AwDyk,
(b) All provisions of this ordinance pertaining
to permit fees, transfer fees and other such charges shall
become effective January 1, 1970.
(c) All provisions of this ordinance pertaining to
restrictions on the operation of wreckers shall become effective
from and after ten (10) days from the date of this ordinance.
The City Clerk 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 least
twice
within ten
(1 O) days
after
its
passage.
INTRODUCED, READ and PASSED by the affirmative vote
of the City Council of the City of Baytown, this 25th day of
September, 1969.
"Y
GLEN ALK R, Mayor
ATTEST:
EDNA OLIVER, City Clerk
n! F'J'X'J11MF1 "I
WILLIAM R. LAUGHLIN, City Attorney