Ordinance No. 5,769Published In: THE BAYTOWN SUN 910214 -4
Tuesday, February 19, 1991
Wednesday, February 20, 1991
ORDINANCE NO. 5769
AN ORDINANCE AMENDING 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) DOLLARS FOR
THE 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- 12(b)(9) of Chapter 6, "Auto
Wreckers," of the Code of Ordinances, 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 (6000)
pounds single line capacity, not extended. Booms are
not required on roll back wreckers..
Section 2: That Section 6- 17(c)(3) of Chapter 6, "Auto
Wreckers," of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
Sec. 6- 17(c) (3) Except on heavy duty wreckers and
rollback 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 sling may be used in
lieu of the above - described tow bars.
Section 3: That Section of 6- 17(c) (5) of Chapter 6, "Auto
Wreckers," of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
Sec. 6- 17(c)(5). Dolly wheels, except on rollback
wreckers.
Section 4: That Section 6 -17(h) 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- 17(h). Use by the auto wrecker company 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. Booms not required on rollback
wreckers.
910214 -4a
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repealed; provided however, that such repeal shall be only to the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 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 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 passage of this ordinance.
INTRODUCED,
City Council of
February, 1991.
ATTEST:
READ and PASSED by the affirmative vote of the
the City of Baytown, this the 14th day of
COWMMETT • • .
.
EILEEN P. HALL, City Clerk
hANDALL B. ST O G, y Attorney
ID C:1:64:18