Ordinance No. 12,302ORDINANCI`1' NO. 12,302
AN ORDINANCE OFTHE CITY COUNCIL OF-11 HE CITY 01
T!"'XAS, AMENDING CHAPTER 102 "V1,141CLES FOR HIRE," ARTICI.,E III
"TOW TRUCKS," DIVISION 2 "CONSE'NTAND NONCONSEN'r TOWS- OF,
THE CODE OF' ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW
SECTION TO BE NUMB EIS IJ1) AND ENTITLE-D SECTION 102-175
4OFFICIAI. IDENTIFICA"HON; DISPI.,AY" TO REQUIRE AN OFFICIAL
IDENTIFICATION FOR TOW TRUCK OPERATORS PF1RI`ORMl`NG
NONCONSENT TOWS PURSUANT TO THIS ARTICLIH; AMI NDING
CHAVITR 102 "VEHICLES FOR HIJZI ," ARTICU III "TOW TRUCKS,"
DIVISION 3 "PERMIT," SECTION 102-196 "APPI-ICATION," SUBSEC'nON
(13) OF THE CODE OF ORDINANCES, BAYTOWN, `ET XAS, TO Rf,-1QUIRE
TOWFNG COMPANIES TO SUBMIT WITH TI IEIR APPLICATIONS
INF'ORMA,riON CONCERNING THEIR TOW TRUCK OPE"RATORS;
PROVIDING A REPI"'I'AUNG CLAUSI'l; CONTAINING A SAVINGS
CLAUSt'; PRESCRIBING A MAXIMUM PIENAI-A'Y OF' FIVE HUNDRI'D
AND NO/100 DO111,ARS ($500.00); AND PROVIDING FOR THE
.1 ` E
PUBLICATION AND EF'E
FcTiVE DATE DA THER OF.
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BF'l 11 ORDAINED BY THE CITY COUNCII-, OF THE CITY OF BAYTOWN,
TF'XAS:
Section 1: That Chapter 102 "Vehicles for Hire," Article III -Tow rrucks," Division
2 "Consent And Nonconsent Tows" of the Code of Ordinances, Baytown, Texas, is hereby
amended to add a new section to be numbered and entitled Section 102-175 "Official
identification,- display," which section shall read as Follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE 111. TOW 'I
DIVISION 2. CONSENT AND NONCONSENTTOWS'
Sec. 102-175. Official identification; display
(a) No person may perform a nonconsent Low under this article unless:
(1) the person holds incident management towing operator's license issued by the
state department of licensing and regulation that is valid at the time of the
nonconsent tow;
(2) a copy of such a valid state license is on file with the city clerk; and
(3) the person has been issued an official identification by the Chiet'Of police pursuant
to subsection (c) of this section.
(b) No towing company may dispatch or otherwise allow a person to operate a tow truck oil
its behalf under this article if* Such person does not have both (i) an incident management
towing operator's license issued by the state department of' licensing and regulation all(]
(ii) all official identification issued by the chief" of police that are valid at the time of the
person is dispatched to or otherwise performs a nonconsent tow oil behalf' of the towing
company.
(c) After filing as copy of a valid incident management towing operator's license as required
in subsection (a) of this section with the city clerk, each tow truck operator shall request
all official identification card to be issued by the chief of police, which request shall
include a photograph meeting the requirements of section 102-196 (b)(12). This official
identification shall contain the tow truck operator's name, a photograph of the tow truck
operator, the name of the towing company for which the tow truck operator performs
nonconsent tows, the issuance date of the official identification and the expiration date of
the same. 'rhe expiration date of the official identification shall coincide with the
expiration of the incident management towing operator's license issued by the state
department of licensing and regulation.
(d) It shall be unlawful for any person to engage in any activity for which an incident
management towing operator"s license is required by the state or official identification is
required under this article unless lie displays such license and identification to the peace
officer at the scene of the nonconsent tow.
Section 2: That Chapter 102 "Vehicles for I-lire," Article III "Tow Trucks," Division
3 "Permit," Section 102-196 Subsection (b) of the Code of Ordinances, Baytown,
J'exas, is hereby amended to read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE M. TOW TRUCKS
DIVISION 3. PERMIT
(b) A towing company must submit the Following information oil its tow truck permit
application:
(t) J'he name and address of the owner and the name and address of the towing
company;
(2) A copy of the incident management towing operator's license issued by tile state
commission of licensing and regulation for each tow truck to be operated by tile
towing company for nonconsetit tows;
M
(3) The amount of" parkin; available, i.e., space to keel) cat's and tow trucks off the
street;
(4) The make, model and type ofvehicle(s) to be operated by the towing company for
nonconsent tows;
(5) Whether the vehicle(s) shall be operated by the owner or his employee Nvith a
bona fide ern 1) 1 oyer-em ploy ee relationship, together with a copy of` the owner's or
employee's incident management towing operator's license issued by the state
cornmission of licensing and regulation;
(() Whether the applicant proposes to own, rent or lease the vehicle(s) to be used;
(7) Proof that the applicant has a storage facility within the corporate city limits o C the
city, which is licensed by state law suitable for the protection of stored vehicles
and fenced as required by city ordinance;
(8) Proof of insurance coverage as required in the tow agreement and state law;
(9) Proof that the vehicle(s) have undergone and passed all inspection performed by
the chief of police within the two -month period immediately preceding the
application Im• proper equipment required to be oil each tow truck as stated in this
division and in the tow agreement;
(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, including a
copy of the vehicle storage facility license issued by the state commission of
licensing and regulation;
(I 1) A copy of the cab card issued by the state commission of licensing and regulation
for each tow truck to be operated by the towing, company;
(12) A copy of tile incident management license of each tow truck operator performing
nonconsent tows on behalf' of' the towing company along with a color visa-sized
photograph cut to 1 V4 inches by 1 /4 inches of each such tow truck operator; and
(13) A completed tow agreement executed by the towing company.
Section 3: 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
SLICII inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject niatter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of'
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circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity ofthe remaining provisions of this ordinance or their application to other
persons or sets of` ci rcum stances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: Any person who fails to comply with any provision ofthis ordinance shall
Ire guihy of as misdemeanor and, Upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND 1^ O/100 DOLLARS ($500.00). Each act of violation and each day,
upon which any such violation shall occur shall constitute a separate of'f'ense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of' nuisances,
injunctive relief, administrative adjudication and revocation ollicenses or permits.
Section 6: This ordinance shall take effect front and after ten ('10) days front its
passage by the City Council. The City Clerk is hereby directed to give notice hereof ley 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 ofthis ordinance,
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INTRODUCED, READ, and PASSE'D by the affirmative
City of Baytown, this the 25"' day of'July, 201 3 ).
AT"FEST:
LF"TICIIA BI YSCH, C11brk"
APPROVED AS TO FOI
1 FZ, 1 ty ICI, CIO RAMIREZ, S . attorney
RAKaren\l:a I o\()ty COU [I Ci I )rtfinancea\2013\Ju I), 2-,\To%vTruck[D doc
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MFAM
the City Council 01. , the
NCARLOS, Mayor