Ordinance No. 2,0586884
44" day,4� 7 7,
iz� .7'), /
ORDINANCE NO. 2058
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY AMENDING CHAPTER 6 "AUTO
WRECKERS AND TOWING VEHICLES," SECTION 6-18 THEREOF, BY
REPEALING THE PROVISIONS THEREOF AS PRESENTLY CON-
STITUTED AND SUBSTITUTING IN ITS PLACE A NEW SECTION 6-
18; AND BY THE ADDITION OF A NEW SECTION 6-18.1; PRO-
VIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00)
DOLLARS; PROVIDING A REPEALING CLAUSE; 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 amending Chapter 6,
"Auto Wreckers and Towing Vehicles," by repealing Section 6-
18, Permissible Fees and Charges, as it presently exists and
the same shall cease to have force and effect from and after
the effective date of this ordinance.
Section 2: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by the addition of a new
Section 6-18, Permissible Fees and Charges, 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 or from public or
private property in the city limits of Baytown to
the place of business of the wrecker operator, or
other location 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 specifies,
at the scene of the accident, that the vehicle is
to be towed to a place of business which, at that
time, is not open for business or has no one on
duty to receive the wrecked vehicle, there may be
an additional charge of seven and 50/100 ($7.50)
dollars for transferring the vehicle to the
specified location as soon as that place of
business is open for business.
6885
If the owner of the vehicle being towed requires
the vehicle to be moved or transferred and no
location had been specified by him at the scene of
the accident, there may be an additional charge of
fifteen and no/100 ($15.00) 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
scene of an accident or from public or private
property to a location. There will be no addi-
tional charges to disengage one vehicle from
another, as this will be considered part of a
normal tow when the vehicles are moved from the
street.
Section 3: That the Code of Ordinances of the City of
Baytown is hereby amended by the addition of a new Section
6-18.1, Notification, which shall read as follows, to -wit:
Section 6-18.1 Notification.
Whenever the holder of a towing vehicle permit or an
auto wrecker permit is authorized to pick up and tow any
vehicle by someone other than the last known registered
owner of the motor vehicle, the permit holder shall be
responsible to do all of the following:
(a) Make verbal report to the police department
immediately after the vehicle has been picked up.
(b) Notify the Chief of Police, in writing, that
the vehicle has been taken to the storage facility
of the permit holder.
The notice shall state the following: (a) the
year, make, model, and serial number of the motor
vehicle; (b) the location from which the vehicle
was towed; (c) location of the storage facility
where the motor vehicle is being held; (d) who
authorized the pick up and (e) reason given for
requesting the vehicle to be towed away.
-2-
6886
(10*11 The notice to the Chief of Police shall be made by
depositing same in the United States mail or by
personal delivery to the Baytown Police Station
and shall be completed within twenty-four hours of
the time the vehicle was picked up.
Failure to comply with such notification of the
Police Department and the Chief of Police shall be grounds
for revocation of the auto wrecker or emergency auto wrecker
permit.
Section 4: 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 5: Savings Clause: If any provisions, exception,
section, 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 uncon-
stitutional, 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.
Section 6: Penalty Clause: A person adjudged guilty
of an offense as defined in this chapter shall be punished
by a fine not to exceed Two Hundred ($200.00) Dollars. Each
day an offense is committed shall constitute a separate
offense.
-3-
r"
6887
Section 7: Effective Date: This ordinance shall take
effect from and after ten (10) days from its adoption by the
City Council of the City of Baytown, Texas. 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
(10) days after passage.
INTRODUCED, READ and PASSED by the affirmative vote of
a majority of the City Council of the City of Baytown this
22nd day of July , 1976.
. a.,_.
—NEA vb%ft
TOM GENTRY, Mayor
---ATTEST:
YMEEN P. HALL, City Clerk
APPROVED:
NEEL RIVHARDSON, City Attorney
-4-