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<br />. <br /> <br />e <br /> <br />ORDINANCE NO. 96-2136 <br /> <br />ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE <br />CITY OF LA PORTE, "AUTO WRECKER AND TOWING VEHICLE"; REGULATING <br />AUTO WRECKERS AND TOWING VEHICLES; PROVIDING THAT ANY PERSON <br />VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A <br />MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO <br />EXCEED FIVE HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; <br />FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN <br />EFFECTIVE DATE HEREOF. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL TO THE CITY OF LA PORTE: <br /> <br />SECTION 1. The Code of Ordinances, City of La Porte, is hereby amended by <br />repealing Chapter 6, Section 6-1 through Section 6-26, both inclusive, thereof, and <br />substituting therefore the following, to-wit: <br /> <br />Sec.6-1-A. <br /> <br />Effect of State Law and Regulations <br /> <br />The provisions of this ordinance are subject to the provISions of Sections <br />502.281,502.051 and 502.102 of the Texas Transportation Code and the Texas <br />Vehicle Storage Facility Act, article 6687-9a, Revised Civil Statutes. In the event <br />of any conflict between the provisions of this ordinance and any provisions of <br />such State statutes and the regulations promulgated thereunder, the provisions <br />of the relevant State statutes and regulations thereunder shall control, to the <br />extent of such conflict. Specifically, and without limiting tho generality of the <br />foregoing, the City of La Porte may not require a tow truck rElgistered under the <br />provisions of the Texas Tow Truck Act, to obtain City of La Porte Registration, <br />license, or permit for consent tows unless the tow truck owner has a place of <br />business located within the boundaries of the City of La Porte. The City of La <br />Porte may require City of La Porte registration, license, or permit for all tow <br />trucks performing non-consent tows within the boundaries of the City of La Porte <br />without regard to the location of the place of business of the tow truck owner. <br />The City of La Porte registration, license, or permit will be in addition to the <br />requirements of the Texas Tow Truck Act. <br /> <br />Sec. 6-1-B. Definitions. <br /> <br />(a) Towing Vehicle. The term "towing vehicle," as used in this chapter, shall <br />mean any automobile, truck, or other motor vehicle used for the purpose <br />of towing, carrying, pushing, or otherwise transporting any motor vehicle <br />which has collided with another motor vehicle or other object, or which <br />has been wrecked or disabled in any manner, from one place to another <br />for any purpose, including but not limited to the purpose of wrecking, <br />storing, or repairing the vehicle, and does not appear at the scene of an <br />accident where a vehicle has been disabled upon a public street or public <br />