Ordinance No. 4,622Published in: THE BAY'I17M SUN
Monday, Jan. 26, 1987 70122 -1
Tuesday, Jan. 27, 1987
ORDINANCE N0. 4622
AN ORDINANCE AMENDING CHAPTER 6, "AUTO - WRECKERS," OF THE
CODE OF ORDINANCES OF THE CITY OF BAYTOWN BY AMENDING
SECTION 6 -10, "AUTO - WRECKERS TO BE DISPATCHED FROM
ROTATION LIST;" SECTION 6 -12, "APPLICATION FOR AUTO-
WRECKER PERMIT; "SECTION 6 -12A, "RENEWAL OF AUTO - WRECKER
PERMIT; "SECTION 6 -12B, "TRANSFER OF PERMIT;" SECTION
6 -14, "REGULATIONS ON OPERATIONS;" SECTION 6 -15, "TOWING
TICKETS REQUIRED;" SECTION 6 -16, "PERMISSIBLE FEES AND
CHARGES FOR POLICE- INITIATED TOWING SERVICES;" AND
SECTION 6 -17, "SUSPENSION OF AUTO- WRECKER PERMIT ;"
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF TWO HUNDRED AND N01100
($200.00) DOLLARS; 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 -10(b) of the Code of Ordinances of
the City of Baytown, Texas, is hereby amended to read as follows:
Sec. 6- 10(b).
The police officer at the scene of a police initiated tow
shall request an auto - wrecker be dispatched from the rotation
list. The police officer shall not recommend,,suggest or
solicit the selection of a wrecker company. The owner or
operator may designate where the wrecked vehicle is to be
taken unless the vehicle is to be seized.
Section 2: That Section 6-12(b)(6) of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 6-12(b) .
(6) Proof that the applicant has a storage facility within
the corporate limits of the City of Baytown or within
the area bounded by the. San Jacinto River and bays on
the west, the bays on the south, Cedar Bayou Stream and
State Highway 146 on the east, and Interstate Highway 10
on the north, or property immediately contiguous to the
said Highway 146 or Interstate 10, which is licensed by
state law as suitable for the protection of stored
vehicles and fenced as required by city ordinance.
®
Section 3: That Section
of the City of Baytown,
6-12(b)(7)
Texas, is
of the Code of Ordinances
hereby amended to read as
follows:
Sec.
6- 12(b).
®
(7)
Proof of insurance coverage
of no less than twenty
thousand dollars ($20,000.00) for bodily injury to or
death of one person in any one accident and, subject to
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said limit for one person in the amount of forty
thousand dollars ($40,000.00) for bodily injury to or
death to two (2) or more persons in any one accident,
and in the amount of fifteen thousand dollars
®
($15,000.00) for injury to or destruction of property of
others in any one accident. Insurance coverage means an
insurance policy or policies and /or a certificate, or
certificates of insurance covering all auto- wreckers of
the insured, issued by a company or companies qualified
to do business in the State of Texas and performable in
Harris County, Texas. All insurance policies or
certificates of insurance must show the year, make and
model, state license number and motor number of all
auto - wreckers which have been authorized or may be
authorized to operate by the City of Baytown. All such
insurance policies and /or certificates of insurance must
contain a provision, or an endorsement, requiring that
the city clerk shall be given at least ten (10) days'
written notice prior to the date of cancellation before
such policy may be cancelled by the insurer, for any
cause;
Section 4: That Section 6- 12(b)(9) of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 6 -12 (b) .
(9) Proof that the power- operated winch, winch line, and
boom, have a factory -rated lifting capacity of not less
than six thousand (6,000) pounds single line capacity,
not extended.
Section 5: That Section 6- 12(b)(10) of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to
read as follows:
Sec. 6-12(b)-.
(10) 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 6: That Section 6- 12(b)(11) of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to
read as follows:
® Sec. 6- 12(b).
(11) Any person making application for an auto - wrecker
permit shall deposit with the city clerk, upon making
application, a sum of money in the amount of fifty
dollars ($50:00). Said sum shall be used to pay for
the advertising of such application. Within fifteen
(15) days after receiving such sum and qualifying data,
the city clerk shall cause to be published in the
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newspaper for three (3) consecutive days a notice to
all holders of auto - wrecker permits and all other
interested persons. Such notice shall advertise the
time and place of a public hearing, which said hearing
® shall be held not less than five (5) nor more than
fifteen (15) days from the first publication. Such
notice shall give the name of the applicant, the name
of the business under which the applicant proposes to
operate and any other pertinent data that the city
clerk may deem necessary.
Section 7: That Section 6 -12 (b) (12) of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to
read as follows:
Sec. 6-12(b)-.
(12) Proof that the storage lot to be used by the applicant
is currently licensed as an automobile storage lot
under the applicable statutes and regulations.
Section 8: That Section 6 -12(d) of the Code of Ordinances of
the City of Baytown, Texas, is hereby amended to read as follows:
Sec. 6- 12(d).
The annual auto- wrecker company permit fee of one
hundred twenty -five dollars ($125.00) shall be submitted with
the application. For each additional wrecker operating
within a company, an additional fee of twenty -five dollars
($25.00) shall be charged. No charge will be made for the
first auto- wrecker permitted with a company. There shall be
no proration of fees hereunder.
Section 9: That Section 6-12(e) of the Code of Ordinances of
the City of Baytown, Texas, is hereby repealed.
Section 10: That Section 6 -12A, "Renewal of auto- wrecker
permit," of the Code of Ordinances of the City of Baytown, Texas,
is hereby added and shall read as follows:
Sec. 6 -12 A. Renewal of auto - wrecker permit.
(1) Auto- wrecker permits shall expire on December 31st of
each year. Following approval by annual inspection and
the payment of the annual auto - wrecker permit fee, the
previously approved auto - wrecker company operators shall
be put on a new rotation list.
(2) In the event an auto - wrecker permit has been suspended
during the permit year, reissuance of such permit will
be reviewed by the Auto- Wrecker Committee during
December of such year. The permit holder must prove
that public convenience and necessity exists for the
renewal of the permit at such hearing.
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Section 11: That Section 6 -12B, "Transfer of permit," of the
Code of Ordinances of the City of Baytown, Texas, is hereby added
and shall read as follows:
® Sec. 6 -12 B. Transfer of permit.
An auto- wrecker company permit is transferable subject to
prior approval of the transferee by the Auto- Wrecker
Committee. The transferee must meet the requirements
required of a new applicant except the requirement of public
convenience and necessity. The burden of proof in such
hearing shall be upon the transferee.
Section 12: That Section 6 -14, "Regulations on operations,"
of the Code of Ordinances of the City of Baytown, Texas, is
hereby amended to read as follows:
Sec. 6 -14. Regulations on operations.
Regulations on operation of auto- wreckers and the
activities related to the operation of auto - wreckers shall be
governed by the rules and regulations promulgated by the
Chief of Police of the City of Baytown as approved by the
committee. Such rules and regulations shall be reviewed by
the committee annually at the first meeting of the committee
each calendar year. Such rules and regulations shall not be
inconsistent with any of the terms and provisions of this
chapter and shall be those rules deemed necessary for the
protection of the public, including but not limited to, the
method of dispatching auto - wreckers, rules for operation of
auto - wreckers, specifications of equipment, equipment and
supplies required for auto- wreckers, method of identification
of auto - wreckers and duties of auto- wrecker drivers at the
scene of an accident. The Chief of Police shall serve such
rules on all permittees at their registered addresses within
fifteen (15) days of approved changes. Copies of such rules
shall also be sent to all committee members. Such notices
shall fully set out any rules promulgated and the effective
date thereof.
Section 13: That Section 6 -15, "Towing tickets required," of
the Code of Ordinances of the City of Baytown, Texas, is hereby
amended to read as follows:
Sec. 6 -15. Towing tickets required.
(a) It shall be an offense for a person to use an auto -
wrecker to move a vehicle from the scene of an accident
without completing an official towing ticket provided by
® the City of Baytown containing the following
information:
(1) Name and address of auto - wrecker company;
(2) Name and address of the driver of the towed
vehicle;
® (3) Date, time and location of accident;
(4) Place to which vehicle is to be towed;
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(5) Description of vehicle and general description of
parts of vehicle that have been damaged;
(6) Itemized list of wrecker service to be performed,
charges for each, total charges, and costs to be
® charged in regulated vehicle transfers;
(7) Places for signature of auto owner, driver or other
person (including a police officer on the scene
authorizing tow of vehicle); and
(8) One copy of the towing ticket is to be given to the
customer, one copy is to be given to the
investigating police officer.
(b) It shall be an offense for a persoi
person for moving a vehicle from
accident a sum greater than that
wrecker ticket.
Section 14: That Section 6 -16(a) of the
of the City of Baytown, Texas, is hereby
follows:
1 to charge another
the scene of an
indicated on the
Code of Ordinances
amended to read as
Sec. 6 -16. Permissible fees and charges for police -
initiated towing services.
(a) For transferring the vehicle within the storage area as
defined by Sec. 6-12(b)(6), 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
shall apply either day or night, holidays or Sundays.
Section 15: That Section 6 -16(c) of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 6 -16.
(c) An additional charge may be made for the following
additional labor that is not required in a normal tow,
to -wit:
(1) An additional charge, not to exceed twenty dollars
($20.00), may be made for each of the following
services:
A. a winch pull and /or rollover in those cases
where two (2) separate pulls with the wrecker's
winch line are actually required;
B. a wheel lift;
C. the use of dolly wheels;
D. disconnecting and connecting the driveshaf t;
and
E. other exceptional labor.
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(2) 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
shall select the second wrecker and such second
wrecker shall not lose a turn from the rotation
list.
Section 16: That Section 6 -16(d) of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows;
Sec. 6 -16.
(d) 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 or
permissible charge for the assistance of a second
wrecker.
Section 17: That Section 6 -16(e) of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 6 -16.
(e) 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 period, or any
part thereof, beginning at the time the vehicle enters
the storage yard.
Section 18: That Section 6 -16(f) of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 6 -16.
(f) A charge, not to exceed sixty -five dollars ($65.00), may
be made where it is required to suspend a motorcycle in
order to tow it.
Section 19: That Section 6 -17(h) of the code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 6 -17. Suspension of auto- wrecker permit.
® (h) Use by an auto wrecker of an auto wrecker that is less
than one ton in size on which is not equipped with a
power - operated winch, winch line and boom, with a
factory -rated lifting capacity of not less than six
thousand (6,000) pounds, single line capacity, not
extended.
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® Section 20: That Section 6 -17(i) of the Code of Ordinances
of the City of Baytown, Texas, is hereby added and shall read as
follows:
® Sec. 6 -17.
(i) Towing of a vehicle to an automobile storage lot not
licensed by the State of Texas as an automobile storage
lot, unless the auto - wrecker operator was directed by
the owner or operator of the towed vehicle to tow the
vehicle to such unlicensed location.
Section 21: That Section 6 -17(j) of the Code of Ordinances
of the City of Baytown, Texas, is hereby added and shall read as
follows:
Sec. 6-17H) .
(1) Failure to promptly respond to at least ninety percent
(90 %) of all requests for service from the rotation list
during a one calendar month shall result in an automatic
thirty (30) day suspension of the auto- wrecker permit of
such operator.
(2) Failure to promptly respond to at least ninety percent
(90 %) of all calls for towing from the rotation list
during a second calendar month in a permit year shall
result in automatic permit revocation.
® (3) Ten (10) days notice of such automatic suspension or
revocation shall be provided to the auto - wrecker permit
holder by the City Clerk by certified mail, return
receipt requested, postage prepaid to the address of
permit holder as shown on permit holder's application.
The permit holder may appeal such suspension or
revocation to the Auto - wrecker Committee by delivering
notice of appeal, in writing, to the City Clerk on or
before ten (10) days from the date of notice of such
automatic suspension or revocation. Proof that the
permit holder has not promptly responded to at least 90%
of all calls from the rotation list during a calendar
month shall be sufficient basis for the committee to
uphold the suspension of the permit for thirty (30)
days, and proof of such failure for a second calendar
month during a permit year shall be sufficient basis for
the committee to uphold the revocation of the permit.
The committee may receive evidence from the permit
holder which tends to explain such failure to respond.
The committee may consider such evidence and adjust the
period of suspension or reinstate the permit.
® (4) It shall be a defense to the charge of failure to
respond to ninety percent (90 %) of all calls for service
from the rotation list if the permit holder notifies the
police department dispatcher of his intention to be out
of service for a specified period of time and notifies
the police department dispatcher of his being in
service. The police department dispatcher shall make
notation of such being out of service or being in
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® service by stamping a complaint form with the time -date
stamp at the time of being out of service or being in
service and entering notation thereon reflecting the
auto- wrecker operator making such request.
Section 22: All ordinances or parts of ordinance
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 23: If any provisions, 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 24: 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 25: 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 passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 22nd day of
January, 1987.
FRED T. PHILIPS, Mayor Pt o Tempore
ATTEST:
® EILEEN P. HALL, City Clerk
RANDALL B. STRONG, City At rney
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