Ordinance No. 5,229890330 -1
ORDINM�CE NO. 5229
AN ORDINANCE AMENDING SECTION 6 -16 OF CHAPTER 6, "AUTO
WRECKERS," OF THE CODE OF ORDINANCES; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100
($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 6 -16 of Chapter 6, "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.
It shall be an offense for an auto wrecker company
to charge more than the following fees for towing
services:
(a) A normal tow is defined as picking up the
vehicle or moving and towing the vehicle from
the scene of a consent or non - consent tow 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 such scene in the City limits of
Baytown to the place of business of the tow
truck company or other location shall not
exceed fifty -five dollars ($55.00). This
charge shall 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 vehicles 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, 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.
890330 -1a
(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, provided
the maximum charge provided herein may
not be exceeded:
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
driveshaft; and
E. other exceptional labor.
(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.
(d) The maximum charge for any and all tows from
the scene of an accident in the city limits
shall be ninety-five dollars ($95.00), not
including transfer fees or permissible charge
for the assistance of a second wrecker.
(e) A charge, not to exceed seven dollars and
fifty cents ($7.50) per day 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.
(f) A maximum 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.
(g) No charge may be assessed for moving a
vehicle within a storage area.
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Section 2: 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 3: 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 4: 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 5: 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 30th day of March,
1989.
ETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, Ci ttorney
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