Ordinance No. 11,991ORDINANCE NO. 11,991
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW
TRUCKS," DIVISION 2 "CONSENT AND NONCONSENT TOWS," SECTION 102-
174 "DUTY OF TOW TRUCK OPERATOR," SUBSECTION (A) AND DIVISION 3
"PERMIT," SECTION 102 -200 "SUSPENSION," SUBSECTION (B) OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO CLARIFY THAT A TOWING
COMPANY CAN UTILIZE A PASS ONLY ON THE INITIAL CONTACT FROM
THE PUBLIC SAFETY COMMUNICATIONS DIVISION REQUESTING A
NONCONSENT TOW; PRESCRIBING A MAXIMUM OF FIVE HUNDRED AND
NO /100 DOLLARS ($500.00) FOR ALL OTHER VIOLATIONS; 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 1: That Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division 2
"Consent and Nonconsent Tows," Section 102 -174 "Duty of tow truck operator," Subsection (a) of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE III. TOW TRUCKS
DIVISION 2. CONSENT AND NONCONSENT TOWS
Sec. 102 -174. Duty of tow truck operator.
(a) A towing company who has been called from a rotation list to tow a vehicle shall arrive at the
location within 30 minutes after the time the towing company or its representative was notified by
the public safety communications division of the tow and location. This 30- minute requirement
is applicable in all instances except when the towing company, during the initial telephone call
from the public safety communications division requesting a nonconsent tow, utilizes or is
deemed to utilize one of its two passes as defined and permitted in Section 102 -200. Failure to
comply with this subsection shall constitute a run -time violation.
Section 2: That Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division 3
"Permit," Section 102 -200 "Suspension," Subsection (b) of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE III. TOW TRUCKS
DIVISION 3. PERMIT
See. 102 -200. Suspension.
(b) As used in this article, a "pass" shall be defined as when the public safety communications
division telephones a towing company on the rotation list to perform a nonconsent tow and is
unable to contact the towing company or the towing company refuses or declines to accept the
telephone call or the towing company refuses to accept the tow. The towing company shall be
entitled to two passes during a calendar month. In the event the towing company passes three or
more times during a calendar month, the towing company shall be subject to suspension from the
rotation list for a period deemed appropriate by the tow truck committee.
Section 3: Any person who fails to comply with any provision of this ordinance hereof shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FNE
HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 4: 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 5: 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 6: 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 tatlea ce with in ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of thncil of the City of
Baytown, this the 26d' day of July, 2012.
ACIO RAMIREZ, SR., City t orney
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H. DONCARLOS,