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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. -2- 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, -3- 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. -4- 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, -5- ka 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. -7- AW 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. ELM W 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. -10- W M 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 -11- 1 N 1 >> >) i 4- = O ti .-. V) O >) L L. •N 1 U i 1 I ^ tm a) 4•) G) O i S- •r r C •r I O N 4- (L) 4- 1 +-) N o co C a1 4- GJ -!C C •. Q) H C L •r O N 4- L O a) V) >1 S• N 'O L O .00 i i '0 3 C U •r E o L U to L. 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U- O r 3 •r 0 r +) > 4) ca i co V) •1•) to O a) -C L •I•) 04-) L 0. a) G1 .r •r I O >) 3 4) F- O O 04--Q >> 3 O.L O a) i i r •r r L. to a) L N 4) U +•) 3 04-) +) N U U 4- to +) C U 4- C 4) 4-) +•) •r U •r C V) (D -,0 O MU 0_ N cn S- >) V) U •r � (1) 7 .a O r M C •r i —4- 7 O C "0 •r e0 Q) (D ^ 7 +-) to � C S- >) V) •r 4- U '0 '0 •r O 4-3 a) to i r — S- 4- to ¢ (1) C r a) r •r 01 (a C C ca Q 4) -0 a) (1) r L • E E U Q N •r M N O r (A to .0 i iT a) a) i +) 4- 0 --- i r aJ O N O N C eo (L) i O G) v i 3 O N —0)4-) 4) >1 O (0 ca > — 0) a) r o b N C L V) L O to i M a) O..)C 0_— U S. >1 O r L U i CL }) o N i (0'O 4-) •r •r >1 431 i i to 0. Y O > •r +•) '0 +-) O G) > U •r M U E r V) •r 7 •I) •N +-) U d' Y O i aJ Vl •r 'O 'C U r ^ N cn S- i to •r > i r > +-) to •r a) aJ N '0 4- C E to r U aJ r >) U C \ co E Q) 4-3 (n U C .0 E a) G1 N a) b r S- 04-) e0 •4•) r C C •r S.• L i L C 4- V) N =.a 41 O U L 4- r fa aJ a1 M S- W 0. (a al to C C dJ 4•) to W L r O C M— '0 E (o U to to •r •r L -04-) 3 4-) co 0 •r C) V) V) •r M 0 •4•3 0 O m to C)••••.O = 0 i r 0--r —r- C) rt U = •N 1 N 1 M W (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