Ordinance No. 7,703960523 -4
ORDINANCE NO. 7703
• AN ORDINANCE AMENDING CHAPTER 6 "AUTO WRECKERS," ARTICLE
III "AUTO WRECKER PERMITS," SECTION 6 -12 "APPLICATION FOR AUTO
WRECKER PERMIT," SUBSECTION (c) AND SECTION 6 -17 "SUSPENSION
OF AUTO WRECKER PERMIT," SUBSECTION (c)(1) OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS; AMENDING SECTION 2.02(a)
AND SECTION 2.02(e) OF THE POLICE - INITIATED TOW AGREEMENT;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 6 "Auto Wreckers," Article III "Auto Wrecker Permits," Section
6 -12 "Application for auto wrecker permit," Subsection (c) of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
ARTICLE III. AUTO WRECKER PERMITS
Sec. 6 -12. Application for auto wrecker permit.
(c) The annual auto wrecker company application fee of one hundred twenty -five
dollars ($125.00) shall be submitted with the application. For each wrecker
operating within a company, an additional fee of fifteen dollars ($15.00) 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 2: That Chapter 6 "Auto Wreckers," Article III "Auto Wrecker Permits," Section
6 -17 "Suspension of auto wrecker permit," Subsection (c)(1) of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
ARTICLE III. AUTO WRECKER PERMITS
Sec. 6 -17. Suspension of Auto wrecker permit.
(c) Failure of an auto wrecker owned by the auto wrecker company to have the following
equipment:
(1) One (1) 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 and must display a current
inspection tag. This extinguisher shall have a capacity of not less than ten
® (10) pounds of extinguishing product and shall be rated for Class A, B, and
C fires by Underwriter's Laboratories or other approved agency.
Section 3: That the Police- Initiated Tow Agreement, Section II "Auto Wrecker
® Designation," Section 2.02(a) is hereby amended to read as follows:
POLICE- INITIATED TOW AGREEMENT
Sec. 2.02 The Operator further agrees that he will perform Police - Initiated Tows in
consideration of a fee in an amount established from time to time by the City's Wrecker Committee.
At the time of execution of this Agreement, the Operator understands and agrees that it shall not
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 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,
other location within the city limits, or the storage facility of the tow truck company
which is located within the area described in section 2.06 shall not exceed sixty -five
dollars ($65.00). This charge shall apply either day or night, holidays or Sundays.
Section 4: That the Police - Initiated Tow Agreement, Section II "Auto Wrecker
Designation," Section 2.02(e) is hereby amended to read as follows:
POLICE - INITIATED TOW AGREEMENT
Sec. 2.02 The Operator further agrees that he will perform Police- Initiated Tows in
consideration of a fee in an amount established from time to time by the City's Wrecker Committee.
At the time of execution of this Agreement, the Operator understands and agrees that it shall not
charge more than the following fees for towing services:
e. A charge, not to exceed ten dollars and fifty cents ($10.50) per day, may be made for
the storage of vehicles. Such fee may be charged for a day regardless of whether the
vehicle is stored for twenty -four (24) hours of the day, except that a daily storage fee
may not be charged for more than one day if the vehicle remains at the vehicle
storage facility less than twelve (12) hours. A "day" shall begin and end at midnight.
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.
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960523 -4b
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: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 23rd day of May, 1996.
/0-�' er-
PETE C. ALFAR , Mayor
A'fTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
I ACIO RAMIREZ, ., City Attorney
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