Ordinance No. 1,587ORDINANCE NO.1587
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AMENDING CHAPTER 6,"AUTO WRECKERS AND TOWING VEHICLES,"BY THE
AMENDMENT OF SECTION 6-7(e)THEREOF,TO FURTHER ENUMERATE WHAT
WOULD CREATE A PUBLIC INCONVENIENCE AND SECTION 6-11 THEREOF,
TO PROVIDE FOR RENEWALOF AUTO WRECKER PERMITS;REPEALING OR
DINANCES INCONSISTENT HEREWITH;PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF NOT MORETHAN TWO HUNDRED ($200.00)
DOLLARS FOR EACH OFFENSE;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 ofthe Cityof Baytown is hereby
amended bythe amendment of Chapter 6,"Auto Wreckers and Towing Vehicles,"by
repealing Section 6-7(e)thereof,and the same shall cease to have force and
effect from and afterthe effective date of this ordinance.
Section 2:That the Code of Ordinances is hereby amended by adding
thereto a new Section 6-7Ce)which shall read as follows,to-wit:
Section 6-7.Application for auto wrecker permits.
(e)In determiningwhether a greater number of permits would create
a public inconvenience,the committee shall takeinto consideration the
following:
(1)The financial responsibility of the applicant.
C2)The number of vehicles to be operated.
(3)Number of vehicles to bekept at location.
(4}Amountof parking available,to-wit:adequate space to keep
cars,tow vehicles,and wreckers off the street.
C5I Makfi,model and type of vehicle or vehicles to be operated
bythe applicant.
(6\That applicant has a properly fenced storage facility for
wracked vehicles,size of business location and lot.
C7]Type of neighborhood,residential or commerical.
(8}Closeness to nearest residence.
(9)Whether the vehicle or vehicles shall be operated by the owner,
or his employee with bona fide employer-employee relationship.
(10)Whether the applicant proposes to own,rent or lease the vehicle
or vehicles tobe used.
(11)The number of outstanding auto wrecker permits.
(12)Whether a greater numberof auto wrecker permits are desirable
considering traffic and safety in the City of Baytown.
(13)Any and all other facts the committee may deem relevant.
Section 3:That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 6,"Auto Wreckers and TowingVehicles,"by
repealing Section 6-11 thereof,and the same shall cease to have force and effect
from and after the effective dateof this ordinance.
Section 4:That the Code of Ordinances is hereby amended by adding
thereto a new Section 6-11 which shall read as follows,to-wit:
Section 6-11.Feefor auto wrecker permits.
Thepermit fee to operate an auto wrecker or auto wreckers shall
be One Hundred Twenty-Five andNo/100 ($125.00)Dollars per year for
each auto wrecker which the owner is licensed to operate.All permits
shall expire on the 31st day ofDecember of each year and may then
be renewed until the next succeeding 31st day of December following
a hearing before the Wrecker Committee to consider whether the per
mit should be renewed.The Committee shall use the same criteria
as set forth in Section 6-7,"Application forauto wrecker permits,"
to make said determination.If a permit is granted subsequent to
the first day of January in any permit year,the fee shall be paid
pro rata forthe balance of the year,andany portion of a month
shall be considered an entire month in calculating the fee to be
charged.
Section 5:Repealing Clause:All ordinances or parts ofordinances
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 6: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 application
to other persons or sets of circumstances and to this end all provisions of
this ordinance are declared to be severable.
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Section 7:Penalty Clause:Anyperson who shall violate any provision
of this ordinance shall be deemed guiltyof a misdemeanor and upon conviction
shall be punished by a fine ofnot less than Ten ($10.00)Dollars,normore
than Two Hundred ($200.00)Dollars.Each day of the continuance of such vi
olation shall be considered a separate offense and each and every day shall
constitute a separate violation.
Section 8:Effective Date:This ordinance shall take effect from
and after ten (10)days from its passage by the CityCouncil.TheCityClerk
is hereby directed to give notice hereof by causing the captionof this ordinance
to be published in the official newspaper of the City ofBaytown at least twice
within ten days after the passage of this ordinance.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
of the City of Baytown,Texas,this 25th dayof April ,1974.
ALLENCANNON,Mayor Pro Tern
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
;PFENNIG,Assj stanVXi ty Attornej
NEEL "RICHARiOSOfl,City Attorney
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