01-17-11 Wrecker Committee Meeting and Public Hearing

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Section 7: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles ", Division 4 "Regulations ", Section 78 -329 "Pelinissible fees and Charges for Non - Consent Towing ", subparagraph "(a) ", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: (a) "Maximun2 charge for non - consent tow, per wrecker. Except as otherwise provided in this section, the maximum charge for all non - consent tows from the scene of an accident in the city limits to the place of business of the wrecker operator, or other location, shall not exceed an amount established by the city and listed in appendix A of this Code. A non - consent tow means picking up the vehicle or moving and towing the vehicle from the street to a location, where the tow was not initiated by the vehicle owner or operator or the consent of the vehicle owner or operator has not been otherwise secured. Fees charged for non - consent tows by heavy duty wreckers shall not be subject to this regulation, except in those cases where a heavy duty wrecker is used for tows not requiring a heavy duty wrecker." Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 9: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 11. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 6