O-1991-1746 - Laserfiche WebLink

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. . ORDINANCE NO. 1746 ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "AUTO WRECKER AND TOWING VEHICLE"; REGULATING AUTO WRECKERS AND TOWING VEHICLES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL TO THE CITY OF LA PORTE: section 1. The Code of Ordinances, City of La Porte, is hereby amended by repealing Chapter 6, section 6-1 through section 6-26, both inclusive, thereof, and substituting therefore the following, to-wit: Sec.6-1-A. Effect of State Law and Reaulations The provisions of this ordinance are subject to the provisions of the Texas Tow Truck Act, Article 6687-9b, Revised civil Statutes; Article 667Sa-Si, Revised Civil Statutes, providing for special license plates for tow trucks; rules and regulations promulgated by the Texas Commissioner of Licensing and Regulation under the provisions of the Texas Tow Truck Act, Article 6687-9b; and the Texas Vehicle Storage Facility Act, article 6687-9a, Revised civil Statutes. In the event of any conflict between the provisions of this ordinance and any provisions of such State statutes and the regulations promulgated thereunder, the provisions of the relevant State statutes and regulations thereunder shall control, to the extent of such conflict. Specifically, and without limiting the generality of the foregoing, the City of La Porte may not require a tow truck registered under the provisions of the Texas Tow Truck Act, to obtain city of La Porte Registration, license, or permit for consent tows unless the tow truck owner has a place of business located within the boundaries of the City of La Porte. The City of La Porte may require City of La Porte registration, license, or permit for all tow trucks performing non-consent tows within the boundaries of the City of La Porte without regard to the location of the place of business of the tow truck owner. The ci ty of La Porte registration, license, or permit will be in addition to the requirements of the Texas Tow Truck Act. Sec. 6-1-b. Definitions. (a) Towina Vehicle. The term "towing vehicle," as used in this chapter, shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transporting any motor vehicle which has collided with another motor vehicle or other obj ect, or which has been wrecked or disabled in any manner, from one place to another for any purpose, including but not limited to the purpose of wrecking, storing, or repairing the vehicle, and does not appear at the scene of an accident where a vehicle has been disabled upon a public street or public place for the purpose or expectation of towing one of the vehicles from the scene. The term "towing vehicle" shall not be construed to include a,.,service car or other vehicle not equipped with mechanical'devices for transporting wrecked vehicles and not used for such purposes, such as service cars, equipped with compressed air containers and tools