Ordinance No. 4,180Published in: THE BAYTOWN SUN 50627 -1
Tuesday, July 2, 1985
Wednesday, July 3, 1985
ORDINANCE NO. 4180
AN ORDINANCE AMENDING CHAPTER b, "AUTO WRECKERS," OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY AMENDING ARTICLE 1I, "POLICE- INITIATED TOWING SERVICE;"
REPEALING INCONSISTENT PROVISIONS; CONTAINING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY OF $200.00; 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 Section 6 -1, "Definitions," of Chapter 6 of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended by adding the
following definitions which read as follows:
Police- initiated tow. Towing service requested by a police officer
necessitated by arrest of a vehicle operator, vehicle abandonment on
public right -of -way or property, or disability of a vehicle by accident
or malfunction.
Section 2: That Chapter 6, "Auto Wreckers," of the Code of Ordinances of
the City of Baytown, Texas, is hereby amended by amending Article I1,
"Police - Initiated Towing Service," Sec. 6 -10, to read as follows:
Sec. 6-10. Auto wreckers to be dispatched from rotation list.
(a) The police officer shall inquire of the owner or operator of
the vehicle or vehicles at the scene of a police- initiated tow as to his
selection of a wrecker company to tow his vehicle. Such selection
shall be limited to the auto wrecker companies which are on the
rotation list. The owner or operator shall be limited to one selection.
If the officer on the scene determines that the wrecker company
selected is unavailable, then the officer shall proceed in accordance
with subsection (b) hereof. In any event, the above shall not apply if
the owner or operator is in a condition that renders him unable to
make a selection, who has abandoned the vehicle, or other conditions
require immediate removal due to safety considerations.
(b) The police officer at the scene of a police - initiated tow
shall request an auto wrecker be dispatched from the rotation list. The
owner or operator may designate where the wrecked vehicle is to be
taken unless the vehicle is to be seized.
(c) It shall be an offense for a person to have an auto wrecker
within five hundred (500) feet of the scene of a police - initiated tow
unless the auto wrecker is dispatched to the scene by the police
department.
(d) It shall be an offense for a person to use an auto wrecker
to move a vehicle from the scene of a police- initiated tow without
obtaining an auto wrecker permit.
(e) It shall be an offense for a person to use an auto wrecker
to move a vehicle from the scene of a police - initiated tow until
directed to do so by the police department or the police officer at the
scene.
(f) It shall be an offense for wrecker drivers, owners or their
agents to solicit the business of towing, removing or repairing any
vehicle at the scene of a police- initiated tow by words, cards, circulars
or gestures.
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Section 3: 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 4: 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.
Section 5: Any person who shall violate any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more than Two Hundred and No /100 ($200.00) Dollars.
Section 6: This Ordinance shall take effect from and after ten (10) days from
its passage by the City Council. 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 the
passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 27th day of June, 1985.
�rMMETT HOT-TO , ayor
ATTEST:
MLEEN P. H LL, City Clerk
APPROVED:
L ANN ALL .STRONG, City torney