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Ordinance No. 7,198Published in The Baytown Sun: 950112 -1 Wednesday, January 18, 1995 Thursday, January 19, 1995 ORDINANCE NO. 7198 AN ORDINANCE AMENDING CHAPTER 6, "AUTO WRECKERS," ARTICLE • I "IN GENERAL," SECTION 6 -2 "PENALTY," AS WELL AS ARTICLE II "POLICE- INITIATED TOWING SERVICE," SECTION 6- 10 "AUTO WRECKERS TO BE DISPATCHED FROM ROTATION LIST," SECTION 6 -12 "APPLICATION FOR AUTO WRECKER PERMIT, " SECTION 6 -12.1 "RENEWAL OF AUTO WRECKER PERMIT," SECTION 6 -12.2 "TRANSFER OF PERMIT," AND SECTION 6 -17 "SUSPENSION OF AUTO WRECKER PERMIT," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; AND REPEALING ARTICLE II "POLICE - INITIATED TOWING SERVICE" SECTION 6 -14 "REGULATIONS ON OPERATIONS," SECTION 6 -16 "PERMISSIBLE FEES AND CHARGES FOR POLICE- INITIATED TOWING SERVICES," SECTION 6 -18 "OVERCHARGE NOTIFICATION PROCEDURE," AND ARTICLE III "NOTICE OF USE OF AUTO WRECKER," SECTION 6 -20 "NOTIFICATION" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That Chapter 6 "Auto Wreckers," Article I "In General," Section 6 -2 "Penalty," of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: Sec. 6 -2. Penalty. Any person who shall violate any provision or provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500.00). Each day's violation shall constitute a separate offense. Section 2: That Chapter 6 "Auto Wreckers," Article II "Police- Initiated Towing Service, Section 6 -10 "Auto wreckers to be dispatched from rotation list" is hereby amended as follows: ARTICLE II. POLICE - INITIATED TOWING AGREEMENTS. • Sec. 6 -10. Auto wreckers to be dispatched. (a) Upon recommendation of the city clerk, the city shall enter into an agreement with the owner of any tow truck • L� 940112 -1a 3 • operating within the City of Baytown who holds an auto wrecker permit issued under Article III herein and a registration issued pursuant to the Texas Tow Truck Act to perform police - initiated tows of vehicles. (b) The police officer shall inquire of the owner or operator of the vehicle or vehicles at the scene of a police - initiated tow as to his selection of a wrecker company to tow his vehicle. Such selection shall be limited to the auto wrecker companies that are permitted by the city and registered by the state and that have executed a police - initiated tow agreement with the city. The owner or operator shall be limited to one selection. If the officer on the scene determines that the wrecker company selected is unavailable, then the officer shall proceed in accordance with subsection (c) hereof. In any event, the above shall not apply if the owner or operator is in a condition that renders him unable to make a selection, who has abandoned the vehicle, or other conditions requiring immediate removal due to safety considerations. (c) The police officer at the scene of a police - initiated tow shall request a permitted and registered auto wrecker, who has executed a police - authorized tow agreement with the city to be dispatched. 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. (d) It shall be an offense for a person to stop, park, halt, or operate an auto wrecker within five hundred (500) feet of the scene of a police - initiated tow unless the auto wrecker is dispatched to the scene by the police department. (e) It shall be an offense for a person to use an auto wrecker to move a vehicle from the scene of a police- initiated tow without having been requested to perform such services by the officer at the scene pursuant to a valid, executed police - authorized tow agreement. (f) It shall be an offense for a person to use an auto • wrecker to move a vehicle from the scene of a police - initiated tow until directed to do so by the police department or the police officer at the scene. 950112 -1b • Section 3: That Chapter 6 "Auto Wreckers," Article II "Police- Initiated Towing Service," Section 6 -12 "Application for auto wrecker permit" is hereby amended by placing the same in Article III which is hereby renamed as "Auto wrecker permits" and reads as follows: ARTICLE III. AUTO WRECKER PERMITS. Sec. 6 -12. Application for auto wrecker permit. (a) Any auto wrecker company that desires to be placed on the rotation list shall apply to the city clerk for an auto wrecker permit. (b) An auto wrecker company must submit the following information on its wrecker permit application: (1) The name and address of the owner and the name of his company; (2) Amount of parking available, to -wit: Adequate space to keep cars and wreckers off the street; (3) Make, model and type of vehicle or vehicles to be operated by the applicant; (4) Whether the vehicle or vehicles shall be operated by the owner or his employee with bona fide employer- employee relationship; (5) Whether the applicant proposes to own, rent or lease the vehicle or vehicles to be used; (6) Proof that the applicant has a storage facility, which is licensed by state law as suitable for the protection of stored vehicles and fenced as required by city ordinance. (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 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 950112 -1c • 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, insured by a company or companies qualified to do business in the State of Texas and performable in Harris and Chambers Counties, Texas. All insurance polices or certificates of insurance must show the year, make and model, state license number and vehicle identification 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 thirty (30) day's written notice prior to the date of cancellation before such policy may be cancelled by the insurer for any cause; (8) 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. Booms are not required on rollback wreckers. (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 (10) 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. (c) 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 ($25.00) dollars 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. • 0 950112 -1d • Section 4: That Chapter 6 "Auto Wreckers," Article II "Police- Initiated Towing Service," Section 6 -12.1 "Renewal of auto wrecker permit" is hereby amended by placing the same in Article III which is hereby renamed as "Auto wrecker permits" and reads as follows: ARTICLE III. AUTO WRECKER PERMITS. Sec. 6 -12.1. Renewal of auto wrecker permit. (a) 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 shall be placed on a rotation list for that year. (b) 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 awarding of such permit shall be denied if the committee determines that the health, general public safety and welfare of the citzens of Baytown demand such a result. Section 5: That Chapter 6 "Auto Wreckers," Article II "Police- Initiated Towing Service," Section 6 -12.2 "Transfer of permits" is hereby amended by placing the same in Article III which is hereby renamed as "Auto wrecker permits" and reads as follows: ARTICLE III. AUTO WRECKER PERMITS. Sec. 6 -12.2. Transfer of permit. An auto wrecker company permit shall be personal to the permittee and shall not be transferable. Section 6: That Chapter 6 "Auto Wreckers," Article II "Police- Initiated Towing Services," Section 6 -14 "Regulations on operations" of the Code of Ordinances, City of Baytown, Texas, is hereby repealed. • 950112 -1e . Section 7: That Chapter 6 "Auto Wreckers," Article II "Police- Initiated Towing Services," Section 6 -16 "Permissible fees and charges for police - initiated towing services" of the Code of Ordinances, City of Baytown, Texas, is hereby repealed. Section 8: That Chapter 6 "Auto Wreckers," Article II "Police- Initiated Towing Services," Section 6 -17 "Suspension of auto wrecker permit" is hereby amended by placing the same in Article III which is hereby renamed as "Auto wrecker permits" and reads as follows: ARTICLE III. AUTO WRECKER PERMITS. Sec. 6 -17. Suspension of auto wrecker permit. The auto wrecker committee may revoke or suspend for up to one year an auto wrecker company's auto wrecker permit for any of the following reasons: (a) Violation of any of the laws of the state, federal or city government, commission of any offense as defined by this chapter or violation of any terms or provisions of this chapter or the Police - Initiated Tow Agreement by an auto wrecker company, its agent, employee or owner; (b) Failure of an auto wrecker company to meet the requirements as set forth in its application for an auto wrecker permit; (c) Failure of an auto wrecker owned by the auto wrecker company to have the following equipment: (1) One fire extinguisher that is properly filled and located so that it is readily accessible for use. The fire extinguisher must be securely mounted on the vehicle. It must be designed, constructed and maintained so as to permit visual determination of whether it is fully charged. The fire extinguisher must not have an extinguishing agent that gives off vapor more toxic than those produced by the substances shown as having a toxicity rating of No. 5 or No. 6 in the Underwriters' Laboratories "Classification of Comparative 950112 -1f • Life Hazard of Gases and Vapors." Such fire extinguisher must have an Underwriters' Laboratory rating of No. 5 ABC or more. Each fire extinguisher required by this section must be labeled or marked with Underwriters' Laboratories rating. (2) Three (3) flares or three (3) red electric lanterns or three (3) portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred (600) feet under normal atmospheric conditions at nighttime. No flare, fuse, electric lantern or warning flag shall be used for the purpose of compliance with the requirements of this section unless such equipment has been approved by the Texas Department of Public Safety. (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 the 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. (4) Broom, shovel and sand for use in cleaning up debris and oil. The wrecker driver must clean up and carry away all debris at the scene of an accident and sand all oil spills. (5) Dolly wheels, except on rollback wreckers. (d) Use by the auto wrecker company of an auto wrecker • that is less than one ton in size, which is not equipped with a power- operated winch, winch line and boom, with a factory -rated lifting capacity of 0 • 950112 -1" . not less than six thousand (6,000) pounds, single - line capacity, not extended. Booms are not required on rollback wreckers. (e) 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 9: That Chapter 6 "Auto Wreckers," Article II "Police- Initiated Towing Services," Section 6 -18 "Overcharge notification procedure" of the Code of Ordinances, City of Baytown, Texas, is hereby repealed. Section 10: That Chapter 6 "Auto Wreckers," Article III "Notice of use of auto wrecker," Section 6 -20 "Notification" of the Code of Ordinances, City of Baytown, Texas, is hereby repealed. Section 11: 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 12: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the 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 13: This ordinance shall take effect January 27, 1995, from and after 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 1995. 950112 -1h READ, and PASSED by the affirmative vote of the the City of Baytown, this the 12th day of January, PETE C. AL O, Mayor ATTEST: "q �' - -'.) /?. A`z- x- EILEEri P. HALL, City Clerk APPROVED AS TO FORM: TC ACIO RAMIREZ, S City Attorney . b:klM /wreckerord