O-2011-3320 amend Ch78-permitting/operation of Automobile Wreckers and Towing Vehicles

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ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 78 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III. "AUTOMOBILE WRECKERS AND TOWING VEHICLES" REGARDING REGULATION OF WRECKERS AND TOWING SERVICES, AND PERMITTING OF SAME; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 THOUSAND DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 1 "Generally", Section 78-196 "Definitions," of the Code of Ordinances, La Porte, Texas, by amending and/or adding the following definitions, which shall read as follows: "Auto wrecker means a towing vehicle which may lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle from the scene of the accident withattt having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident." "Heavy duty wrecker- means an auto wrecker which is not less than five (5) tons in size." Section 2: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision I "In General", Section 78-247 "Permits are personal to owners; transferal," of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: Sec. 78-247. Permits are personal to owners; transferal. A permit issued under this article for a towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. For such purposes permit holders are prohibited from subcontracting out The permits issued pursuant to this article are transferable as between owners only upon