Ordinance No. 4,294Published in: THE BAYTOGJN SU14
:Monday, October 28, 1985 51024 -1
Tuesday, October 29, 1985
ORDINANCE NO. 4294
AN ORDINANCE AMENDING CHAPTER 6, "AUTO WRECKERS," OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN;
PROVIDING FOR THE INSPECTION OF AUTO WRECKERS; AMENDING
THE FEES AND CHARGES TO BE CHARGED BY AUTO WRECKERS IN
THE CITY; EXCLUDING HEAVY DUTY WRECKERS FROM CERTAIN
EQUIPMENT REQUIREMENTS; PROVIDING FOR AN OVERCHARGE AND
NOTIFICATION PROCEDURE; MAKING IT UNLAWFUL TO VIOLATE
THE PROVISIONS OF THIS CHAPTER; CONTAINING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY; PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Subsection (B)(9) of Section 6 -12, "Application for auto
wrecker permit," of Chapter 6, "Auto Wreckers," of the Code of Ordinances of the
City of Baytown, Texas, is hereby amended to read as follows:
(B)(9) Proof that an inspection has been performed by the City Garage
Superintendent or his designee for proper equipment required to be on each
wrecker as hereinafter stated; and
Section 2: That Section 6 -16, "Permissible fees and charges for police-
initiated towing services," of Chapter 61 "Auto Wreckers," of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
Sec. 6 -16. Permissible fees and charges for police -
initiated towing services.
(a) 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 to a location. There will be no additional
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. The standard
charge for a normal tow from the scene of the accident
in the city limits of Baytown to the place of business
of the wrecker company or other location shall not
exceed forty - five dollars ($45.00) . This charge will
apply either day or night, holidays or Sundays.
(b) If the owner of the vehicle being towed specifies, at
the scene of the accident, that the vehicle is to be
Lowed 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, or 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 twenty dollars ($20.00) for
transferring the vehicle to the specified location as
soon as that place of business is open for business.
(c) An additional charge may be made for the following
additional labor that is not required in a normal tow,
to -wi t:
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(1)
An additional charge, not
to exceed twenty dollars
($20.00) , may be made for a winch pull and /or
rollover in those cases
where two (2) separate
pulls with the wrecker's
winch line are actually
required.
(2)
An additional charge, not
to exceed twenty dollars
($20.00), may be made
for disconnecting and
connecting the drive
shaft, or for other
exceptional labor.
(3)
An additional charge, not
to exceed twenty dollars
($20.00) may be made for
a wheel lift.
(4)
An additional charge, not
to exceed thirty dollars
($30.00) may be made for
the assistance of a
second wrecker, when
performing a necessary
function and approved by
the police officer in
control of the accident scene.
The wrecker driver
may select the second wrecker and such second
wrecker shall not lose
a turn from the rotation
l i s t .
(d) A charge not to exceed sixty -five dollars ($65.00) may
be made when it is required to use dolly wheels, i.e.,
to completely pull the wrecked vehicle upon the
wrecker. This charge shall be all inclusive, and no
other charge may be imposed when it is made.
{e) Except in the event of a dolly wheel charge, the
maximum charge for any and all tows from the scene of
an accident in the city limits shall be eighty -five
dollars ($85.00), not including transfer fees.
{f} A charge not to exceed seven dollars and fifty cents
($7.50) for the first day, and six dollars ($6.00) per
day thereafter, may be made for the storage of
vehicles. A "day" shall mean a twenty -four hour (24)
period, or any part thereof, beginning at the time the
vehicle enters the storage yard.
(g) A charge not to exceed sixty -five ($65.00) dollars may
be made where it is required to suspend a motorcycle in
order to tow it.
Section 3: That Subsection (c)(3) of Section 6 -17, "Suspension of auto
wrecker permit," is hereby amended to read as follows:
(c)(3) Except on heavy duty wreckers, tow bars equipped with rubber
covering, which covering shall be one inch in thickness and cover all of the
bridle. The tow bar is a part of the auto wrecker and is used to hold a
vehicle which has been elevated for towing in a rigid position, and to prevent
swinging of such raised vehicle as it is being towed. When a vehicle is being
towed the bar shall be in place to prevent swing. In the alternative, a
pliable nonscuffing sting may be used in lieu of the above - described tow bars.
Section 4: That Section 6.18, "Overcharge notification procedure," is hereby
added to read as follows:
Section 6 -18. Overcharge notification procedure.
Any party believing that an overcharge has occurred for wrecker
service regulated by this Chapter, may, on or before thirty days from date of
such overcharge, notify the wrecker company of such overcharge. Such notice
shall be in writing, forwarded to the address of the wrecker company as
reflected in the records of the City Clerk by registered or certified mail,
return receipt requested. Such notice shall be deemed received five days
after the date of mailing. Within fifteen days of receipt of such notice, said
wrecker company shall refund the overcharge or deny the overcharge. Such
denial shall be in writing specifying the justification for the charges
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contested. A copy of the denial and of the overcharge complaint shall be
delivered to the City Clerk and the complainant by registered or certified
mail, return receipt requested. Such overcharge claim and denial shall be
referred to the Auto- Wrecker Committee for determination at it's next
meeting.
Section 5: 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 6: 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 7: 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 8: 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 24th day of October, 1985.
-�
NETT O. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPR:
RON Me-LEM E, As ' tan' y Attorney