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HomeMy WebLinkAboutO-1958-546• • ~ '~' _.~ r ...'`~ ORDINANCE N0. ~~ ~ AN ORDINANCE REQUIRING A LICENSE FOR THE BUSINESS OF OPERATING AUTO WRECKERS; PROVIDING A LICENSE FEE REQUIRING LIABILITY INSURANCE; REGULATING THE OPERATION DF AUTO WRECKERS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAV- INGS CLAUSE; PRESCRIBING A PENALTY IN ANY SURD NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00); EACH DAY OF THE CONTINUANCE OF VIOLATION SHALL BE CONSIDERED A SEPAR- ATE OFFENSE. CBE IT ORDAINED BY THE CITY COMINISSION OF THE CITY OF LA PORTE, TEXAS: Section 1. DEFINITIONS. (a) The term "Auto Wrecker", as used in this ordinance, shall mean • • zany automobile, truck or other motor vehicle used for the purpose of towing, carrying, pushing or otherwise transporting any motor vehicle which has collidedi with another motor vehicle or other object or which has been wrecked or disabled, in aay manner. The term "Auto Wrecker" shall not be construed to include a ser-' vice 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 for repairing punctured tires or other- wise equipped with tools for performing minor repairs not involving towage or ~ transportation of wrecked or disabled vehicles. This exception shall not autho ize evasions of this ordinance, and if any vehicle, although not equipped with devices primarily used for towing wrecked or disabled vehicles, is actually used for such purposes through means of ropes, chains, or otherwise, the same shall be considered an auto wrecker within the terms of this ordinance. (b) The term "Wrecker Driver" means any individual who actually oper-~ i ates and drives any auto wrecker on the streets of the City, either on his own account or in the employ of another. (c) The term "Owner" shall be construed to mean any person engaged ink the business of towing motor vehicles for hire or engaged in the business of j storing or repairing motor vehicles for hire and who owns or is entitled to use any auto wrecker, and who uses same in the conduct of his business or any part i thereof. (d) Nothing contained in this ordinance shall be deemed to authorize a prosecution against any person for towing or hauling any wrecked or disabled i vehicle without compensation, unless such person is performing such towing or hauling without compensation as an incident to obtaining the business of storing; or repairing such wrecked or disabled vehicle. • -2- Section 2. LICENSE REOUIREDi PRIMA FACIE EVIDENCE OF OPERATING WITH- ? BUT A LICENSE. It shall be unlawful for any person to drive or operate or cause to • be driven or operated any auto wrecker upon any street in the City for the pur- pose of towing or hauling wrecked or disabled vehicles, either for hire or as and incident to obtaining the business of storing or repairing such wrecked or dis- abled vehicles, without first having obtained a license from the City duly issue to such person to operate an auto wrecker on the streets of the City. In any ~ prosecution for a violation of this section, proof that an unlicensed owner's ~ auto wrecker was present at the scene of a collision or accident in Which a vehi-~ cle was disabled or proof that an unlicensed owner's auto wrecker was towing or hauling a wrecked or disabled vehicle on the streets shall constitute prima faci evidence that such owner was operating or causing to be operated his auto wrecke on the streets of the City for hire or far the purpose of obtaining the business of storing or repairing the wrecked or disabled vehicle, but the person charged shall have the right to introduce evidence to rebut such presumption. Section 3. THE NAME ANI~ ADDRESS OF THE OWNER. 1. If an individual, the application shall so state. If a partner- • ship, the partnership name and address shall be given, together with the names sand addresses of all partners. If a corporation, the corporate name and office (',address shall be given, together with the names and addresses of the president land secretary. 2. The number of auto wreckers an owner desires to operate, listing the make, model, motor number and correct state license number of each auto recker. 3. The true ownership of each auto wrecker. If not owned outright by the owner, as defined in this ordinance, the name and address of the true owner shall be given. 4. That the owner shall obey the provisions of this ordinance and of • !all other ordinances and statutes applicable to motor vehicles and agrees that pon his failure to so obey laws his license may be revoked or suspended. • • • -3- 5. The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed ~y the president and attested by the secretary and the corporate seal affixed. [n all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. Said application shall be accompanied by the license fee as hereinafter provided. Section 4. LICENSE FEE. The license fee to operate an auto wrecker or wreckers shall be Twenty- • ?ive Dollars ($25.00) a year for each wrecker which the owner desires to operate. ill licenses shall expire on the first (1st) day of January. If a license is granted subsequent to the first (1st) day of January in any year, the fee shali~ ~e paid pro rata for the balance of the year, and any portion of a month shall be ;onsidered as an entire month in calculating the fee to be charged. By "month" is meant a license month, that is, from the first (1st) of one month to the first (lst) of the next month. Section 5. LIABILITY INSURANCE. • • (a) Before any license shall be issued to any owner, or before any rem I reveal of said license shall be granted, the owner shall be required to file with'. the City Clerk, and thereafter keep in full force and effect a standard automo- '~I pile liability and property damage policy, in form approved by the State of Texas, Which policy shall specifically set out that the insured automobile or truck is to be used in wrecker service, and which policy shall insure such auto or truck ~' chile engaged in such wrecker service; and shall also provide that in the event ~f its cancellation written notice shall be given by the insurer to the City attorney of the City, five (5) days prior to the effective date of said cancel- lation. Said policy shall be executed by an insurance company duly authorized to do business in the State of Texas, and performable in Harris Connty, Texas, insuring the owner and providing that the insurer shall pay all obligations by law upon assured that may result from the operation of such auto wrecker ar Nreckers. The maximum amount of recovery in such policy of insurance shall not ~e less than the following sums: -4_ For injury to any one person or the death of any one person in any one accident -Five Thousand Dollars ($5,000.00). For injury to two or more persons or the death of two or more persons in any one accident - Ten Thousand Dollars ($10,000.00). For injury to or destruction of pproperty in any one accident Five Thousand Dollars ($5,000.00). (b) The above described public liability insurance shall be for. the protection of the public, but shall not cover personal injury sustained by the servants, agents, or employees of the owners filing the same. (c) All policies of insurance shall contain a provision for a Conti • uing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. Section 6. ISSUANCE OF LICENSE: EXPIRATION DATE: CONTENTS; SIGNS SHOEING 19RECKERS ARE LICENSED. After the owner has filed his application for license, and insurance • policy, and the City Clerk has examined same and found them to be in compliance with the terms of this ordinance, and has determined that the public conveni- l i s ~,ence and necessity would be best served by granting such license, he shall issue jto the owner a license to operate an auto wrecker in the City, which license. shall bear upon its face a notice that the same expires on the succeeding Janu- ary first. Each license shall be dated and numbered and shall show on its face i the make, model, motor number and state license number of each auto wrecker licensed to operate. The Chief of Police is empowered to prescribe regulations for the displaying of signs on auto wreckers showing that the same have been elicensed as herein provided, and showing the true oarnership of each wrecker. Section 7. SUPPLEMENTAL LICENSES; LICENSE PERSONAL; TRANSFER OF ~( i6RECKER. (a) Nhere an owner has obtained a license and thereafter desires to • increase the number of wreckers to be operated under such license, he shall file a supplemental application setting forth his license number and the fact that he (desires to operate additional wreckers, giving the make, model, motor number and state license number of each additional wrecker. He shall also file the proper license fee to cover the additional number of wreckers wanted. V t -5- (b) He shall also file a new insurance policy, or an endorsement of his existing policy, eovering the new wreckers and increasing the amount of the'.. policy if such increased amount is required under the terms of Section 5. (c) The City Clerk shall examine such supplemental application, fee ajnd policy, and if the same are in order, he shall issue a supplemental license, eovering the new wreckers. ~~~! (d) 1henever an owner wishes to discontinue the use of an auto wrecker! during the period covered by his license and replace it with another, be shall file an affidavit stating that he has discontinued using a wrecker covered by his license and desfres,to use another wrecker in its place. He shall thereto attach a certificate from his insurer that such insurer has been notified there' of and agrees thereto. The City Clerk shall then issue the owner a supplemental license covering the new wrecker and cause the description of the old wrecker to be cancelled from the original license. In the affidavit, the certificate . y from the insurer and the supplemental license, the old and new wreckers shall bE described by make, model, motor number and state license number. (e) A license issued hereunder shall be a personal license to the owner and shall not entitle any other person to operate such auto wrecker for .hire or as an incident to the business of storing. or repairing wrecked or dis- abled vehicles. However, whenever the ownership of any auto wrecker covered by a license is transferred to an owner who does not have a license, such owner may apply to the City Clerk for a transfer of license and shall obtain the same upon the payment of a fee of One Dollar ($1.00). Section 8. REGULATIONS GOVERNING AUTO i~RECKER OPERATION (a) Auto wrecker drivers are to obey all orders of police officers an .all traffic laws of the State of Texas and the City of La Porte. Each wrecker shall be equipped with a broom, shovel and fire extinguisher, and each wrecker shall be clearly marked as to its identify. (b) Rhenever an auto wrecker arrives at the place where a motor vehi- l~ cle has been disabled by an accident, the wrecker driver shall park his wrecker as close to the street curb as possible and otherwise dispose of it in such a manner as not to interfere with traffic. He shall not park his vehicle within a distance of twenty-five (25) feet from a wrecked or disabled vehicle. V • • _~_ (c) All wrecker drivers, owners or agencies are prohibited from soli- citing the business of towing, removing or repairing any wrecked ar disabled ve- hicle at the place where the accident has occurred to such vehicle, by words, cards, circulars, or gestures until such time as the police officers of the City have arrived at the place of the accident and completed their investigation. (d) All wrecker drivers arriving at the place where any accident has • occurred shall obey all lawful orders given them by any police officer of the .City investigating such accident and shall not in any manner interfere with suck officer in the performance of his duty. (e) No wrecker driver shall remove any wreaked or disabled vehicle from the place where the accident has occurred or attach his wrecker to the wrecked or disabled vehicle until the driver of the said vehicle has given per- mission and until the police officers of the City investigating the accident shall have completed their investigation. (f) The fact that no police officer of the City is present at the ~_J scene of the accident when an auto wrecker arrives shall not constitute an excel tion to this section, and it shall be the duty of any owner or wrecker driver desiring to tow or haul any wrecked or disabled vehicle from the scene of the accident to cause thepolice department of the City to be notified of the occur- rence of the accident, and to await the arrival of the police officers of the City and the completion of their investigation. (g) In the event that the driver of a wrecked or disabled vehicle has been rendered unable to give permission to a wrecker to remove the wrecked or disabled ear, the investigating police officer shall notify the Chief of Police or other officer in charge of accident investigation of such fact, and such offi cer shall give such orders as may be necessary to remove the wrecked or disabled vehicle from the street. In any event, with or without the driver's permission, the investigating police officers are empowered to order any wrecked or disabled vehicle removed a sufficient distance to clear the street for traffic. Section 9. ENFORCEMENT; REVOCATION AND SUSPENSION OF LICENSES. • The City Clerk and the police department of the City are fully em- powered and it shall be their duty to enforce this ordinance. The City Clerk • ~, r ~ ~~ • -7- is authorized in enforcing this ordinance, in the exercise of a reasonable dis- 'cretion, to revoke any owner's license or to suspend the same for a given period .of time. Notice of revocation or suspension shall be in writing addressed to ;the owner, at the address given in his application for a license, and the addi- tional notice may be given if deemed necessary. The police department shall ad- vise the City Clerk of any violation by an owner or wrecker driver of this ordi- nance, or of other ordinances and laws applicable to the operation of motor vehicles, and shall particularly inform said City Clerk whenever a complaint is filed against any owner or wrecker driver for a violation of law arising out of the operation of an auto wrecker. Licenses may be revoked or suspended for a violation of ordinances and laws regulating the operating of motor vehicles generally, or for a violation of this ordinance. Any owner whose license has been revoked or suspended or who may be refused a license by said City Clerk may within ten days from and after the date of the order or revocation or suspension appeal to the City Commission for such order. Within ten days from the filing of such appeal to the City Commission, they shall hear same and shall either sus tain or set aside the order, or, if the order be for revocation, may modify it to suspension for a given period of time. Any owner whose license has been re- voked may not obtain a new license until one year from the date of the order of ~I,revocation and must then have the consent of the City Commission to obtain a 'new license. Section 10. The suspension of a license shall not be a bar to a prosecution for a violation of any provision of this ordinance, nor shall such prosecution pre- vent the suspension or revocation of a license. Section 11. ft EPEALING CLAUSE. All ordinances or parts of ordinances inconsistent with the terms of C. this ordinance are hereby repealed; provided, however, that such repeal shall b only to the extent of such inconsistency, and in all other respects this ordi- nance shall be cumulative of other ordinances regulating and governing the sub- ject matter covered by this ordinance. Section 12. SAVINGS CLAUSE. If any provision, exception, section, subsection, paragraph, sentence, • -8- clause or phrase of this ordinance or the application of same to any person or set of circnmstances shall for any reason be held unconstitutional, void or in- valid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end, all provisions of this Ordinance are declared to be severable. Section 13. P NE ALTY, Any violation of any of the terms of this ordinance, whether herein • denominated as unlawful or not, shall be deemed misdemeanor; and any person convicted of any such violation shall be fined in a sum not exceeding Two Hun- dred Dollars ($200.00). Each day of the continuance of such violation shall be considered a separate offense and be punished separately; and any person, agent or employee engaged in any such violation shall on conviction be so punished therefor. Section 14. This ordinance shall be in force and take effect from and after its • • P, A. ~ D. 1958 . ~ .I ~ ~" .-:-~-.' L .~ t ~, passage and publication, as provided by law. Passed and approved, this the _,~~`~ day of w.~.c. , r ° Mayor of the City `~of `La Porte, Tex s I~ I r`