Ordinance No. 5,852Published In: THE BAYTOWN SUN 910509-3
Wednesday, May 15, 1991
Thursday, May 16, 1991 ORDINANCE NO. 5852
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 6-17(j) of Chapter 6, "Auto
Wreckers", of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
Sec. 6-17(j)(1) Failure to Respond
Failure to promptly respond to at least ninety
(90) percent of all requests for service from
the rotation list during any one calendar
month shall result in a written reprimand,
notifying owner/operator of necessity to take
corrective measures within thirty (30) days of
receipt of letter to bring wrecker service
into compliance.
(2) Failure to comply with the ninety (90) percent
service level after the thirty (30) day period
allowed to take corrective measures, or second
offense for failure to comply with the ninety
(90) percent service level, in a permit year
shall result in an automatic thirty (30) day
suspension.
(3) Third offense, failure to promptly comply with
the ninety (90) percent service level, in a
permit year shall result in automatic permit
revocation for the remainder of the permit
year, and the owner/operator must apply under
Section 6-12 of the Code of Ordinances for auto
wrecker permit for the following year.
(4) 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
the 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 if appeal, in
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writing, to the city clerk on or before ten
(10) days from the date of notice of such
automatic suspension or revocation. 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.
(5) It shall be a defense to the charge of failure
to respond to ninety (90) percent 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 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 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.
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INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 9th day of May,
1991.
rO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
'z
,,14=ACIO RAMIREZ, Assistant City Attorney
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