Ordinance No. 1,709ORDINANCE NO.1709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF BAYTOWN,TEXAS,
AMENDING CHAPTER 6,"AUTO WRECKERS AND TOWING VEHICLES,"SECTION
6-14 THEREOF,SO AS TOREPEAL THE PROVISIONS OF SUCH SECTION AS
PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN ITS PLACE NEW PRO
VISIONS,AND SUBSECTIONS 6-6(d),6-18(A)(l),AND 6-18(A)(5)
THEREOF,SO ASTO REPEAL THE PROVISIONS OF SUCH SUBSECTIONS AS
PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN THEIR PLACE NEW PRO
VISIONS;REPEALING ORDINANCES INCONSISTENT HEREWITH;CONTAINING
A SAVINGSCLAUSE;AND PROVIDING FORTHE EFFECTIVE DATE HEREOF.
BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the Code of Ordinancesof the City of Baytown,Texas,is
hereby amended by the amendment of Chapter 6,"Auto Wreckers and Towing Vehicles,"
by repealing Section 6-14 thereof,andthe same shall cease to have force and effect
from and after the effective date of this ordinance.
Section 2:That the Code of Ordinances herein,is hereby amended by adding
thereto a new Section 6-14 in Chapter 6 which shall read as follows,to wit:
Section 6-14.Transfer of auto wrecker permits.
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 byhis permit,and desires to use another auto
wrecker in its place.He shall also attach a certificate from his
insurer thatsuch insurer has been notified thereof and agrees thereto.
The city clerk shall,upon the payment of a transfer fee of Five Dollars
($5.00),issue the owner a new permit covering the new auto wrecker,as
provided in Section 6-12 hereof,and cause the oldauto wrecker permit
to be cancelled and voided.In the affidavit,as well as the certificate
from the insurer,the old and new auto wrecker shall be described by
make,model,motor number and state license number.
Section 3:That the Code of Ordinances of the Cityof Baytown,Texas,is
hereby amended by the amendment of Chapter 6,"Auto Wreckers and Towing Vehicles,"
by repealing Subsection 6-6(d)thereof,and the same shall cease to have force
and effect from and after the effective date of this ordinance.
Section 4:That the Code of Ordinances herein,is hereby amended by adding
thereto a new Subsection 6-6(d)in Chapter 6 which shall read as follows,to wit:
Section 6-6.Additional and replacement towing vehicle permits.
(d)Whenever an owner wishes to discontinue theuse of a towing vehicle
during the period covered by his permit and replace it with another,he
shall file an affidavit stating that he has discontinued using the towing
vehicle covered byhis permit,and desires to use another towing vehicle
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 ap
propriate transfer of coverage.The city clerk shall,upon the payment
of a transfer fee of Five Dollars ($5.00),issue the owner a new permit
covering the replacement towing vehicle,as provided in Section 6-5,and
cause the old towing vehicle permit tobe cancelled and voided.In the
affidavit,as well as the certificate from the insurer,the oldandnew
towing vehicle shall be described by make,model,motor number and state
license number.
Section 5:That the CodeofOrdinancesof the City of Baytown,Texas,is
hereby amended by the amendment of Chapter 6,"Auto Wreckers and Towing Vehicles,"
by repealing Subsections 6-18(A)(l)and (5)thereof,and the same shall cease to
have force and effect from and after the effective date of this ordinance.
Section 6:That the Code of Ordinances herein,is hereby amended by adding
thereto new Subsections 6-18(A)(l)and (5)in Chapter 6 which shall read as follows,
to wit:
Section 6-18.Permissible fees and charges.
(A)(1)The standard charge for a "normal tow"from the scene of the
accident in the city limits of Baytown to the placeof business of the
wrecker operator,or other location instructed by the owner,will not
exceed Twenty-Seven and 50/100 ($27.50)Dollars.This charge will apply
either day or night,holidays or Sundays.If the owner of the vehicle
being towed requires the vehicle tobe moved or transferred after the
vehicle has been towed to a location specified in a wrecker ticket,
there may be an additional charge of Seven and 50/100 ($7.50)Dollars.
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 willbe no additional charges to dis
engage one vehicle from another,as thiswill be considered part of a
normal tow when the vehicles are moved from the street.
(5)A charge not to exceed Three Dollars ($3.00)per day may be
made forthe storage of wrecked vehicles.A "day"shall mean a twenty-
four (24)hour period beginning at thetime the vehicle enters the
storage yard.
Section 7:Repealing Clause:All ordinances or parts of ordinances incon
sistent 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.
-2-
Section 8:Savings Clause:If any provision,section,exception,sub
section,paragraph,sentence,clause or phrase of this ordinance or the application
of same to anyperson or set of circumstances,shall for any reason be held un
constitutional,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 arede
clared to be severable.
Section 9:Effective Date:This ordinance shall take effect from and
after its passage by the City Council of the City of Baytown.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
of the City of Baytown,this the 14th day of November ,1974.
<C>>g>>f>w
TOM GENTRY,Mayor
ATTEST:
BINGHAM,Deputed ty/Cierk
NEEL RICJ4ARD5UN,City Attorney
i
-3-