Ordinance No. 1,099ORDINANCE NO. 1099
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN; AMENDING CHAPTER 6 SECTION 6 -1 SUB-
SECTION (F) OF ORDINANCE NO. 986; THEREBY REORGANIZING
THE WRECKER COMMITTEE AS AN ADMINISTRATIVE COMMITTEE;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING
A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by the amendment of Chapter 6
Section 6 -1 Subsection (f) of Ordinance No. 986. So that, as to
repeal the provisions of such Chapter and Subsection as presently
considered and to substitute in its place a new provision; 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
transporting any motor vehicle which has collided with another
motor vehicle or other object, or which has been wrecked or dis-
abled 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 where a vehicle has been wrecked or disabled upon a
public street or public place for the purpose of expectation of
towing one of the vehicles from the scene unless summoned there
by the owner of the vehicle 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 trans-
porting wrecker 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 wrecker 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 collided 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, cor-
poration, association or partnership.
(d) Wrecker Driver. The term "Wrecker Driver ", as used
in this Chapter, means any individual who actually 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 "Ow:
shall be construed to mean any
towing motor vehicles for hire
storing, wrecking or repairing
owns or is entitled to use any
Wrecker ", and who uses same in
part thereof.
aer ", as used in this Chapter,
person engaged in the business of
or engaged in the business of
motor vehicles for hire and who
"Auto Wrecker ", or "Emergency Auto
the conduct of his business or any
(f) Committee. The term "Committee ", as used in this
Chapter, shall mean the City Council Wrecker Committee. The
City Council Wrecker Committee shall be composed of the following
persons: a Councilman appointed by the City Council, the City
Manager, the Police Chief, a police officer designated by the
Chief of Police, and a duly appointed representative of the
Baytown Wrecker Association.
(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.
Section 2:
Repealing Clause: All ordinances or parts
of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 3: Savings Clause: If any provision, 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 ordinance or their applica-
tion to other persons or set of circumstances and to this end
all provisions of this ordinance are declared to be severable.
Section 4: Effective Date: This ordinance shall take
effect from and after ten (10) days after its passage by the
City Council. The City Clerk is hereby directed to give notice
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hereof by causing the caption of this ordinance to be published
in the official newspaper of the City of Baytown at least twice
within ten (10) days after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown, this 15th day of June,
1971.
7
yp .
C. GLEN WALKER, Mayor
ATTEST:
Edna Oliver, City Clerk
APPROVED:
D. DEHART, Acting City Attorney