HomeMy WebLinkAboutO-1996-2136-A
B
ITY COUNCIL AGENDA ITEM
Agenda Date Requested, 1-2.12-: 11
Requested By: Wayne ~
Department: Plannin2
Aopropriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Amount Requested:
N/A
Budgeted Item:
Report: _ Resolution: _Ordinance: -X....-
Exhibits: Ordinance Amending Chapter 78
Chapter 78, Code of Ordinances
Appendix A-Fees
SUMMARY
On January 8, 2007, the City Council received a workshop presentation on the proposed changes to the Code of
Ordinances, Chapter 78, and Appendix A, "Fees" for possible amendments or modifications. After a complete
review, the Wrecker Committee recommended the following modifications to Chapter 78:
· That the number of E- Tags for auto wreckers be regulated by the promotion of Public Safety (conforms to
Federal Law where the "need and necessity" language was struck down).
· Clarification for applicants' right of appeal to City Council (eliminates conflict between Sections 78-233
and 78-224)
· Clarifies the right of an applicant whose permit is being considered for revocation or suspension to have a
10-day written notice and a public hearing (eliminates oonflict between Sections 78-223 and 78-272).
· Clarifies charges for applications.
· Eliminates the perceived contlict in the ordinance, Section 78-297, by ensuring that only one vehicle is
permitted by an E- Tag (previously it appeared that multiple vehicles were allowed on one E- Tag).
· Adds the process in Section 78-297 that an applicant must have his proposed wrecker yard inspected by the
Inspections Division to ensure compliance with zoning district regulations prior to the public hearing
(previously the only requirement to complete the process was that the yard was within City limits)
· Changes the word "licensed" to "permitted" in Sections 78-300 and 78-301 regarding the permit process to
avoid confusion with terms used by State regulations.
· Clarifying charges for non-consent tows.
Upon the review of fees, the Committee recommended that given the fact that there has been no increase in the base
fee rate for a non-consent tow (consent tow fees cannot be regulated) in the last 15 years, and given that operational
costs have increased, the rate for a normal tow be increased from $65 to $80 (exclusive of additional charges for
special conditions such as rollover). The maximum charge for a tow, inclusive of all situations, would be increased
from $105 to $120.
At the conclusion of the workshop, Council directed Staff to bring the recommended changes back for formal action.
No public hearing is required.
Action Required bv Council:
Approve an ordinance amending Chapter 78 "Vehicles for Hire", and Appendix A "Fees" of the Code of
Ordinances.
Date ;Jh /07
ORDINANCE NO..,,)136-A
AN ORDINANCE AMENDING CHAPTER 78 "VEHICLES FOR HIRE" OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, BY AMENDING ARTICLE III
"AUTOMOBILE WRECKER AND TOWING VEHICLES", DIVISION 1,
"GENERALLY", SECTION 78-31 "DEFINITIONS"; BY AMENDING DIVISION 2
"WRECKER COMMITTEE" SECTION 78-222 "AUTHORITY TO PROMULGATE
RULES OF OPERATION" AND SECTION 78-224 "APPEAL FROM THE FINDINGS
OF THE COMMITTEE"; BY AMENDING DIVISION III "PERMITS", SUBDIVISION I
"IN GENERAL", SECTION 78-247 "PERMITS ARE PERSONAL TO OWNER;
TRANSFERAL"; BY AMENDING SUBDIVISION II "TOWING VEHICLE PERMIT",
SECTION 78-272 "APPLICATION"; BY AMENDING SUBDIVISION III "AUTO
WRECKER PERMIT", SECTION 78-297 "APPLICATION", SECTION 78-298
"NOTIFICATION OF APPLICANT OF STATUS", SECTION 78-300 "FEE", AND
SECTION 78-301 "ISSUANCE"; BY AMENDING DIVISION 4 "REGULATIONS"
SECTION 78-329 "PERMISSIBLE FEES AND CHARGES"; AND AMENDING
CHAPTER 78 "VEHICLES FOR HIRE" OF APPENDIX-A "FEES" OF THE CODE OF
ORDINANCES TO INCREASE ALLOWABLE CHARGES FOR NORMAL NON-
CONSENT TOW AND MAXIMUM CHARGE FOR NON-CONSENT TOW;
PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED THERETO;
PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY;
PROVIDING A SEVERABLITY CLAUSE; CONTAINING AN OPEN MEETINGS
CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
Section 1. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 1 "Generally",
Section 78-196 "Definitions." to add in proper alphabetical sequent the following definitions:
"Consent towing means any tow of a motor vehicle with the consent of the owner or operator of
the vehicle.
Non-Consent towing means any tow of a motor vehicle without the consent of the owner or
operator of the vehicle."
Section 2. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 2 "Wrecker
Committee", Section 78-222 "Authority to promulgate rules of operation." to read as follows:
"Sec. 78-222. Authority to promulgate rules of operation.
The wrecker committee is hereby authorized to promulgate any and all rules and regulations
relating to the operation of towing vehicle and auto wreckers, insofar as such rules and
regulations are not inconsistent with any of the provisions of this article and deemed necessary to
protect public safety and welfare. Specifically, but without limitation, the committee is hereby
authorized to promulgate any rules relating to restrictions on the number of auto wreckers which
may operate on the streets of the city at anyone time, to the extent any such rules are directly
related to the promotion of public safety. The committee shall cause the city secretary to serve
copies of such rules on owners at their registered addresses by certified mail. Such notices shall
fully set out any rules promulgated, and the effective dates of such rules. Any permit holders
shall have the right, in accordance with the provisions of section 78-224, to appeal to the city
council with regard to any rules and restrictions promulgated by the committee felt by such
permit holder to be unduly onerous."
Section 3. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 2 "Wrecker
Committee", Section 78-224 "Appeal from the findings of the committee." to read as follows:
"Section 78-224. "Right of Appeal from the rulings or findings of the committee."
Subject to restrictions on appeal under Section 78-222 of this Article, on all issues heard by the
committee there is a general right of appeal to the City Council. After the wrecker committee has
made its findings and declares such findings, the applicant, or any person opposing the
application who entered an appearance at the hearing before the committee, shall have the right
to file an appeal within ten days from the receipt of the city secretary's written notice, or from the
date ofthe published notice, as applicable. The appeal shall be in the form of a letter addressed to
the city secretary stating that an appeal from the decision of the committee is desired. The city
secretary shall notify the city council of such appeal, and the council, as soon as practicable, after
receiving such notice of appeal, together with the findings of the committee, shall grant or deny,
in open session, such application for a hearing. If a hearing is granted, the city council shall
sustain, modify or reverse the findings made by the committee and shall so notify the city
secretary of its findings. The findings of the city council shall be final. If no appeal is made to
the city council from the committee's decision within ten days, as indicated in this section, then
such decision shall become final."
Section 4. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision 1. "In General", Section 78-247 "Permits are personal to owners; transferaL", to
read as follows:
"Section 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. The permits issued pursuant to this article are transferable as between
owners only upon the express approval of the committee, and shall be subject to a transfer fee in
an amount established by the city and listed in appendix A of this Code, if approved. A denial of
the right to transfer a permit may be appealed to the city council, in compliance with the terms of
section 78-224. Upon cancellation of any permit no portion of the permit fee shall be refunded to
the owner."
Section 5. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision II. "Towing Vehicle Permit", Section 78-272 "Application.", to read as follows:
"Section 78-272. Application
Any owner desiring to operate a towing vehicle in the city shall apply in writing for a permit to
the city secretary, and shall state the following in his application:
(1) The name and address of the owner. If an individual, the application shall so state. If a
partnership, the partnership name and address shall be given, together with names and 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 and secretary.
(2) The number of towing vehicles the owner desires to operate, listing the make, model,
vehicle identification number and correct state license number of each towing vehicle.
(3) The true ownership of each towing vehicle. If not owned outright by the owner, the name
and address of the true owner shall be given. If the towing vehicle is operated under the terms of
a contract with some company other than the owner, a copy ofthe contract shall also be attached.
(4) A statement that the owner will obey the provisions of this article, the rules and
regulations promulgated by the chief of police, and all other ordinances and statutes applicable to
motor vehicles and agrees that upon his failure to so obey such laws that his permit may be
revoked or suspended after a public hearing by the committee with 10 days prior written notice.
(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 by the president and attested by the
secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit,
on the application form, that the statements contained in such affidavit are true and correct. Such
application shall be accompanied by an annual towing vehicle permit fee in an amount
established by the city and listed in appendix A of this Code for each towing vehicle the owner
desires to operate. All permits shall expire on December 31 of each year and shall then be
renewed upon submission of a properly executed application and the annual auto wrecker permit
fee until the next succeeding December 31. If a permit is granted subsequent to January 1 in any
permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month
shall be considered as an entire month in calculating the fee to be charged."
Section 6. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision III. "Auto Wrecker Permit", Section 78-297 "Application.", to read as follows:
"Section 78-297. Application
Any owner desiring to operate an emergency auto wrecker in the city shall make application to
the city secretary for an auto wrecker permit. Such application shall be submitted upon forms to
be furnished by the city secretary, and the applicant shall furnish the following proof and
information with his application:
(1) The name and address of the owner shall be stated, and if the auto wrecker is to be
operated under the name of some company other than the name of the owner, then the name of
the company shall be stated. Accompanying the application shall be a signed copy of the
agreement and contract between the owner and the company in whose name the auto wrecker is
to operate. The auto wrecker permit shall be issued in the joint names, and no transfer from one
company to another company by the owner shall be permitted. If the applicant is an individual,
the application shall so state. If the applicant is a partnership, the partnership name and address
shall be given together with the names and addresses of all partners. If the applicant is a
corporation, the corporate name and office address shall be given, together with the names and
addresses of the president and secretary. All of the provisions and requirements applicable to
persons in this article shall apply to and be required of each partner or each principal officer, and
the failure of any of them to meet such requirements shall be grounds to deny the application of
the corporation or partnership. All changes of such officers or partners shall be reported to the
city secretary within ten days after the change, and such new officers or partners shall
individually file applications certifying to their individual qualifications within such time. The
failure to certify within such time or to possess such qualifications required of such persons
under this article shall be cause for the suspension of all permits held by such corporation or
partnership.
(2) The application shall list the make, model, motor number and correct state license
number of the vehicle to be licensed by the applicant as an auto wrecker.
(3) Any person making application for an auto wrecker permit shall deposit with the city
secretary, upon making the application, a sum of money in the amount established by the city
and listed in appendix A of this Code. Such sum shall be used to pay for the advertising of such
application in the newspaper for two consecutive weeks, and for staffing, processing, and
reproduction costs incurred in connection with the application. Within 15 days after receiving
such sum and qualifying data, the city shall cause to be published in the newspaper for two
consecutive weeks a notice to all holders of auto wrecker permits and all other interested
persons. Such notice shall advertise the time and place of the public hearing, which hearing shall
be held not less than 15 days from the date of the first publication. Such notice shall give the
name of the applicant, the name of the business under which the applicant proposes to operate
and any other pertinent data that the city secretary may deem necessary. If the amount deposited
is insufficient to pay the cost of the advertising, staffing, processing, and reproduction costs
associated with the application, the city secretary shall then require the applicant to pay for the
deficiency.
(4) The committee shall have in attendance at such hearing a representative from the city
legal department, and any other persons that it may deem necessary to conduct such hearing.
(5) In determining whether the permit shall be granted, the committee shall take into
consideration the following:
a. The financial responsibility of the applicant;
b. Make, model and type of vehicle to be used;
c. Whether or not all insurance required by this article has been procured, or will be
procured;
d. That the applicant has a properly fenced storage facility for wrecked vehicles, the size of
his business location and lot, that the lot is located within the city limits and conforms to the use,
setbacks, parking, screening, landscaping and any other applicable regulations as set forth in
Chapter 106 of the Code of Ordinances. It is the responsibility of the applicant to request a site
inspection from the Planning Department, Inspections Division prior to the hearing;
e. Determine that all city ad valorem taxes and other taxes of the applicant have been paid;
f. Whether the vehicle shall be operated by the owner, or by his employee with a bona fide
employer/employee relationship;
g. Whether the applicant proposes to own, rent or lease the vehicle to be used;
h. The number of auto wreckers for the applicant then in existence and licensed;
i. Whether the applicant shall be able to demonstrate the ability to at all times respond to
police calls for emergency wreckers within 20 minutes of the call; and
j. Any and all other facts the committee may deem relevant."
Section 7. That Chapter 78 ofthe Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision III. "Auto Wrecker Permit", Section 78-298 "Notification of applicant of status.", to
read as follows:
"Section 78-298. Notification of applicant of status
"If the committee finds, after the hearing and investigation, that an applicant has met all of the
criteria listed in this division, the committee shall then instruct the city secretary to notify the
applicant in writing within ten days from the last date of the hearing that such vehicle is
authorized to operate under the provisions of this article so long as they are in compliance with
all of the provisions of this article and all federal, state, county and city laws and ordinances. The
committee shall also instruct the city secretary to publish an official notice of its findings in the
newspaper within such time."
Section 8. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision III. "Auto Wrecker Permit" Section 78-300 "Fee.", to read as follows:
"Section 78-300. Fee
The permit fee to operate an auto wrecker shall be an amount established by the city and listed in
appendix A of this Code per year for each auto wrecker which the owner is permitted to operate.
All permits shall expire on December 31 of each year and shall then be renewed until the next
succeeding December 31. If a permit is granted subsequent to January 1 in any permit year, the
fee shall be paid pro rata for the balance of the year, and any portion of a month shall be
considered an entire month in calculating the fee to be charged."
Section 9. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision III. "Auto Wrecker Permit", Section 78-301 "Issuance.", to read as follows:
"Section 78-301. Issuance.
After the owner has filed his application for an auto wrecker permit, a hearing has been held, the
applicant has been approved by the wrecker committee, the applicant has filed the required
insurance, the auto wrecker to be permitted has been presented to the police department for an
inspection, the auto wrecker has passed such inspection, a certificate of passage of inspection has
been presented by the police department to the chief building official, and the city secretary and
city attorney have examined same and found them to be in compliance with the terms of this
article, the city secretary shall issue to the owner a permit to operate an auto wrecker in the city
upon the public streets, which permit shall bear upon its face the make, model, motor number,
permit number and the license number of the auto wrecker. Such permits shall be issued by the
city secretary upon authorization of the wrecker committee and shall be attached to the auto
wrecker. Such permits shall be attached to the front windshield of the auto wrecker, placed
immediately above the inspection sticker that has been issued by the state for the auto wrecker.
These permits are and shall always remain the property of the city. In the event of suspension or
revocation of a permit, for any cause, it shall be unlawful for the owner of the permit to retain
such permit, and he shall cause the permit to be destroyed or surrendered to the city secretary
immediately upon notification of such suspension or revocation, as is feasible.
Section 10. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", to read as follows:
"Section 78-329. Permissible fees and charges for Non-Consent Towing."
Section 11. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "a", to read as
follows:
"(a) Standard charge for normal non-consent tow. The standard charge for a normal non-consent
tow from the scene of an accident in the city limits to the place of business of the wrecker
operator, or other location, will not exceed an amount established by the City and listed in
Appendix A of this Code. A normal non-consent tow means picking up the vehicle or moving
and towing the vehicle from the street to a location."
Section 12. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "b", to read as
follows:
"(b) Additional labor charges. Additional labor charges may be made for the following
additional labor that is not required in a normal non-consent tow."
Section 13. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "c", to read as
follows:
"(c) Dollying of wrecked vehicles; charge. A charge not to exceed an amount established by the
city and listed in appendix A of this Code may be made when it is required to dolly a wrecked
vehicle, in non-consent tow situations. This charge shall be inclusive, and no other charge may
be imposed when it is made."
Section 14. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "d", to read as
follows:
"(d) Maximum tow fees. The maximum charge for any and all non-consent tows from the scene
of an accident in the city limits shall be an amount established by the City and listed in appendix
A of the Code."
Section 15. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "e", to read as
follows:
"(e) Storage charges. A charge not to exceed an amount established by the City and listed in
Appendix A of this Code, per day may be made for the storage of vehicles after the first 12
hours, when resulting from non-consent tows. If the vehicle is picked up during a time other than
8:00 a.m. to 5:00 p.m., Monday through Friday, the storage charge may be charged in any
event. "
Section 16. That Chapter 78 of Appendix - A "Fees" of the Code of Ordinances of the City of
La Porte is hereby amended by amending Article III "Automobile Wrecker and Towing
Vehicles", Division 4 "Regulations", Subsection "a", "Charge for a normal tow", to read as
follows:
"(a) Charge for a normal non-consent tow.......................... ...$80
78-329( a)"
Section 17. That Chapter 78 of Appendix - A "Fees" of the Code of Ordinances of the City of
La Porte is hereby amended by amending Article III "Automobile Wrecker and Towing
Vehicles", Division 4 "Regulations", Subsection "d", "Maximum charge for tow", to read as
follows:
"( d) Maximum charge for non-consent tow......................... ..$120
78-329( d)"
Section 18. Open Meetings. 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 was 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 the Open Meetings Law, Chapter 551,
Texas Government 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.
Section 19. Severability. 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 20. Effective Date. This Ordinance shall be effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of this ordinance, in accordance with the
provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED on the first reading on the ZZl1d day of )al1a..aJty 2007.
By:
~L?~
Alton E. Porter
Mayor
ATTEST:
vm IujfY {j rI1wJ
Martha A. Gillett
City Secretary
APPROVED:
~r~
Clark T. Askins
Assistant City Attorney
Chapter 78
Vehicles for Hire
Chapter 78
VEIDCLES FOR HlRE*
Article I. In General
Sees. 78-1-78-30. Reserved.
Article n. Taxicabs
Division 1. Generally
Sec. 78-31. Definitions.
Sec. 78-32. Penalty for violation of article.
Sec. 78-33. Enforcement of article; duty of police.
Sec. 78-34. Prosecution for violation of article provisions.
Sec. 78-35. Liability of city.
Sec. 78-36. Owner to employ only licensed drivers.
Sec. 78-37. Inspection; authority of city; minimum vehicle standards.
Sec. 78-38. Taxicab driver's license to be posted in cab.
Sec. 78-39. Identification of vehicles.
Sec. 78-40. Property left in vehicle; disposition.
Sec. 78-41. City officers and employees not to accept favors from owners or drivers.
Sec. 78-42. Maximum seating.
Sec. 78-43. Receipt and discharge of passengers.
Sec. 78-44. Parking.
Sec. 78-45. Consumption of alcoholic beverages in vehicle.
Sec. 78-46. Cruising.
Sees. 78-47-78-65. Reserved.
Division 2. Owner's Permit
Sec. 78-66. Required.
Sec. 78-67. Qualifications of applicants.
Sec. 78-68. Application; contents; fingerprints.
Sec. 78-69. Action on application; city approval and renewal.
Sec. 78-70. Fee.
Sec. 78-71. Temporary vehicle permits.
Sec. 78-72. Assignment.
Sec. 78-73. Expiration and revocation.
Sees. 78-74-78-95. Reserved.
Division 3. Driver's License
Sec. 78-96.
Sec. 78-97.
Sec. 78-98.
Required.
Qualifications and conduct of drivers.
Application; contents.
*Cross references-Businesses, ch. 22; traffic and vehicles, ch. 70; sign regulations, S
106-871 et seq.
CD78:1
VEHICLES FOR lITRE
Division 3. Permits
Subdivision I. In General
Sec. 78-246. Insurance; required coverages.
Sec. 78-247. Permits are personal to owners; transferal.
Sec. 78-248. Operation of unlicensed vehicle.
Sees. 78-249-78-270. Reserved.
Subdivision II. Towing Vehicle Permit
Sec. 78-271. Required.
Sec. 78-272. Application.
Sec. 78-273. Issuance.
Sec. 78-274. Additional and replacement.
Sees. 78-275-78-295. Reserved.
Subdivision III. Auto Wrecker Permit
Sec. 78-296. Required.
Sec. 78-297. Application.
Sec. 78-298. Notification of applicant of status.
Sec. 78-299. Denial.
Sec. 78-300. Fee.
Sec. 78-301. Issuance.
Sec. 78-302. Transfer.
Sees. 78-303-78-325. Reserved.
Sec. 78-326.
Sec. 78-327.
Sec. 78-328.
Sec. 78-329.
Sec. 78-330.
Division 4. Regulations
Wrecker rotation list.
Procedure by auto wrecker operators at scene of disabled vehicle.
Specifications and required equipment.
Permissible fees and charges.
Prohibited acts.
CD78:3
VEHICLES FOR HIRE
~ 78-33
ARTICLE I. IN GENERAL
Sees. 78-1-78-30. Reserved.
ARTICLE II. TAXICABS*
DIVISION 1. GENERALLY
Sec. 78-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Driver means every person in actual control of the operation ofa taxicab, whether as owner,
joint owner, agent, servant, bailee or employee.
Owner means any person having the control, direction, maintenance or benefit of collection
of revenue derived from the operation of a taxicab as owner, jointly or singularly, whether as
actual owner or otherwise, except as a driver.
Taxicab means every automobile or motor-propelled vehicle used for transportation of
passengers for hire over any street in the city, except motorbuses operated under a franchise
from the city and motorbuses operating under a permit or certificate from the state railroad
commission or the interstate commerce commission.
(Code 1970, ~ 24-1; Ord. No. 96-2135, ~ 1(div. 1), 9-23-96)
Cross reference-Definitions generally, ~ 1-2.
State law reference-Authority of city to license and regulate persons owning, operating
or controlling vehicles used for carrying passengers for hire, 'V:T.C.A., Local Government Code
~ 215.004.
Sec. 78-32. Penalty for violation of article.
Any person, as defined in 'V:T.C.A., Penal Code ~ 1.07(27), who shall violate any provision of
this article, shall be deemed guilty of a misdemeanor and, upon conviction, shall b~ punished
according to the provisions of section 1-14.
(Ord. No. 96-2135, ~ 5, 9-23-96)
Sec. 78-33. Enforcement of article; duty of police.
Every police officer of the city is hereby given authority to watch and observe the conduct
of holders of taxicab franchises and licenses and taxicab drivers. Upon discovering a violation
of the provisions of this article, every officer shall take immediate steps to enforce the law,
either by arrest or by a report to proper officials.
(Ord. No. 96-2135, ~ 1(1.1), 9-23-96)
*State law reference-Authority of city to license and regulate persons owning, operating
or controlling vehicles used for carrying passengers for hire, 'V:T.C.A., Local Government Code
~ 215.004.
CD78:5 '
VEHICLES FOR HIRE
S 78-41
(5) Each vehicle shall be equipped with a taximeter and shall have a certificate of
calibration showing that such taximeter was calibrated within the30-day period
immediately preceding the application or renewal of such application for a taxicab
permit, and that the taximeter is in good working order.
(c) At no time shall any taxicab that is found to be unsafe be operated over the streets ofthe
city. Nothing in this section, however, shall prevent the city from inspecting any taxicab at any
time, and if the city, through its agents, servants and/or employees, should find that any
taxicab is in a defective condition, the city secretary shall order the use of such taxicab
discontinued until such taxicab is reinspected and approved pursuant to the terms of this
article.
(Ord. No. 96-2135, S 1(1.5), 9-23-96)
Sec. 78-38. Taxicab driver's license to be posted in cab.
No taxicab shall be driven or operated over, upon or along any street, avenue, alley or road
in the, city, for the carriage of passengers, unless there is displayed in a conspicuous place in
the interior of the taxicab an original or duplicate facsimile of the taxicab driver's license,
issued by the city pursuant to the provisions of this article.
(Ord. No. 96-2135, S 1(1.6), 9-23-96)
Sec. 78-39. Identification of vehicles.
Every holder of a permit granted under the terms of this article shall have and keep visibly
displayed a sticker attached to the rear window with the words, "City of La Porte Taxicab
Permit No. ," conspicuously displayed.
(Ord. No. 96-2135, S 1(1.7),9-23-96)
Sec. 78-40. Property left in vehicle; disposition.
All drivers of taxicabs shall promptly deliver to the police department of the city or to their
employers all property left in the vehicles by passengers. If a driver delivers the articles to his
, employer, the latter shall deliver them to the police department. When articles left in taxicabs
have been delivered to the office of the chief of police, he shall make an entry of the fact in a
book provided for that purpose and shall keep all the articles until claimed by the owner, or
until disposed of in accordance with state law.
(Ord. No. 96-2135, S 1(1.8), 9-23-96)
Sec. 78-41. City officers and employees not to accept favors from owners or drivers.
It shall be unlawful for any officer or employee of the city to accept directly or indirectly any
gifts, discounts or gratuities from any holder of a taxicab franchise or any taxicab driver or
from any person engaged in the repair of taxicabs.
(Ord. No. 96-2135, ~ 1(1.9), 9-23-96)
CD78:7
VEHICLES FOR HIRE
S 78-68
Sec. 78-67. Qualifications of applicants.
To be entitled to the permit required by the provisions of this division, the applicant must
have the following qualifications: He must be a citizen of the United States, over 18 years of
age, and must have a permanent base of operation in the city limits. He must be the owner of
the vehicle for which the license is sought, and he must be a sober, reliable and trustworthy
person for the operation of an automobile for hire.
(Ord. No. 96-2135, ~ 1(2.2), 9-23-96)
Sec. 78-68. Application; contents; fingerprints.
(a) Prior to issuance of any permit under the provisions of this division, the owner shall
make written application to the city secretary stating:
(1) His name.
(2) Place of residence for the preceding two years.
(3) Sex.
(4) Age.
(5) Customary occupation.
(6) A statement that all city, state, county and school taxes are current on his real and
personal property located or to be operated within the city.
(7) The number of taxicabs which he then operates or proposes to operate in the city.
(8) The names, addresses, state drivers' license numbers and city taxicab license numbers
of each of his employee taxi drivers, together with a copy of the make, motor number,
license number, model number and registration number of each vehicle proposed to be
operated under such permit.
(9) The stands at which the taxicab will remain when not in actual service.
(10) A description of the vehicle for which the permit is sought, stating the name, make,
motor number and license number of the vehicle.
(11) A description of the taximeter to be provided for the taxicab, together with a certificate
of calibration showing that such taximeter was calibrated within the 30-day period
immediately preceding the application or renewal of such application for the taxicab
permit, and that such taximeter is in good working order.
(12) A statement by the applicant, verified by the city, that the applicant has not been
convicted of a felony for the ten years preceding the filing of the application, and that
the applicant has not committed a crime involving moral turpitude for such ten-year
period.
(b) Each applicant must have his fingerprints taken by the police department of the city at
the time of submission of the application.
CD78:9
VEHICLES FOR HIRE
S 78-96
Sec. 78-71. Temporary vehicle permits.
Whenever a taxicab shall become inoperative, the owner may apply to the city secretary or
his duly designated representative for a temporary permit to operate another vehicle during
the time that the authorized taxicab shall remain inoperative. The city secretary or his duly
designated representative, upon the presentation of the application and a certificate evidenc-
ing an inspection of the vehicle, as well as the vehicle's compliance with all applicable
provisions of this article, shall issue a temporary permit for any period not to exceed 30 days.
All other provisions of this article relate to the operation of taxis operating under temporary
permits, as wE?ll as annual permits.
COrd. No. 96-2135, S 1(2.6), 9-23-96)
Sec. 78-72. Assignment.
No permit issued under the provisions of this article shall be sold, assigned, transferred,
pledged or let without the written approval of the city secretary or his duly designated
representative, and then only upon a showing that the transferee, assignee, or buyer is in full
compliance with the provisions of this article. In no event shall a permit be sold, assigned,
transferred, pledged or let except upon full compliance by the purchaser with the terms of this
article.
(Ord. No. 96-2135, S 1(2.7), 9-23-96)
Sec. 78-73. Expiration and revocation.
It is the duty of the holder of any permit issued under this article to keep the permit current,
and likewise to keep the application required in section 78-68 current. Failure of the owner of
a taxicab for which a permit has been issued to use the vehicle for a period in excess of 60 days
shall automatically render the permit null and void. The owner's permit authorized under the
provisions ofthis division is a privilege and not a right and may be revoked by the city council
for the violation of any applicable provision of this Code, state law or city article, rule or
regulation, or whenever, in its discretion, deems the revocation best for the welfare, safety and
protection of the lives, property and happiness of the citizens of the city. Any permit issued
under the provisions of this article shall be nonassumable. No vested, irrevocable right is
conferred upon issuance thereof by virtue of such issuance only.
(Ord. No. 96-2135, S 1(2.8), 9-23-96)
Sees. 78-74-78-95. Reserved.
DMSION 3. DRIVER'S LICENSE
Sec. 78-96. Required.
It shall be unlawful for any person to drive a taxicab within the corporate limits ofthe city
without first obtaining a license therefor from the city secretary.
(Ord. No. 96-2135, .~ 1(3.1), 9-23-96)
CD78:11
VEHICLES FOR HIRE
S 78-103
(6) A statement of whether the applicant has been charged with a violation of any
provision of this Code, state law or other article of the city and, if so, the time, place
and nature of each violation;
(7) A copy of insurance policies covering the taxicab, as required by law; and
(8) A copy of the applicant's driving record, together with a copy of the applicant's criminal
history for the last ten years.
(b) It shall be the responsibility of the applicant to keep all information required in the
application current for the duration of the taxicab license. Likewise, it shall be the responsi-
bility of the applicant to update such information at all times.
(Ord. No. 96-2135, S 1(3.3), 9-23-96)
Sec. 78-99. Fee.
The fee for a taxicab driver's license issued by the city shall be an annual amount
established by the city and listed in appendix A of this Code for each taxicab driver's license.
Such fees shall be collected by the city secretary prior to the issuance of the taxicab driver's
license. The taxicab driver's license is issued on a calendar year basis, becoming effective
January 1 of the year in which issued, and continuing in effect until December 31 of the
licensed year, unless revoked as provided in this article.
(Ord. No. 96-2135, S 1(3.4), 9-23-96)
Sec. 78-100. False statements in application.
It shall be unlawful for any person to knowingly and willfully make any false statement in
his application for a license required by the provisions of this division.
(Ord. No. 96-2135, S 1(3.5), 9-23-96)
Sec. 78-101. State license required.
No license shall be issued under the provisions .of this division unless the applicant therefor
has first had and obtained a valid state driver's license from the state.
(Ord. No. 96-2135, S 1(3.6), 9-23-96)
Sec. 78-102. Issuance.
If the applicant for a license to be issued under the provisions of this division has complied
with all provisions of this division and if the city secretary determines that the applicant is
qualified to operate a taxicab within the city, he shall issue the applicant a license therefor.
(Ord. No. 96-2135, S 1(3.7), 9-23-96)
Sec. 78-103. Expiration.
Every license issued under the provisions of this division shall expire at the end of the
calendar year next following the date of issue.
(Ord. No. 96-2135, ~ 1(3.8), 9-23-96)
CD78:13
VEHICLES FOR HIRE
~ 78-155
Sec. 78-129. Persons protected.
The public liability insurance required by this division shall be for the protection of the
passengers of the insured taxicab and for the public, but shall not cover personal injuries
sustained by the servants, agents or employees of the person filing the insurance.
(Ord. No. 96-2135, ~ 1(4.3), 9-23-96)
Sec. 78-130. Provision for continuing liability.
All policies of public liability insurance required by this division shall contain a provision for
a continuing liability thereon up to the full amount thereof, notwithstanding any recovery
thereon.
(Ord. No. 96-2135, ~ 1(4.4), 9-23-96)
Sec. 78-131. Cancellation.
(a) If any insurer desires to be released from any insurance filed under this division, it may
give written notice of the desire to the city secretary at least 30 days before it desires its
liability released, and the city secretary shall thereupon give written notice, by personal
delivery or by mail, to the insured and demand that he furnish new assurance by the
expiration of the 30-day period provided for in this subsection, and shall discharge the first
insurer from any liability which shall accrue after the time of approval of the new policy, or
shall discharge the first insurer after the expiration of the 30-day period.
(b) If any policy is so canceled upon the request of the insurer, and no new insurance policy
is filed before the cancellation of the original insurance, the license to operate taxicabs granted
to the insured shall be automatically revoked.
(Ord. No. 96-2135, S 1(4.5), 9-23-96)
Sec. 78-132. City not liable for solvency of insurer; owner's liability not affected;
suits on policy.
Neither the city nor any officer of the city shall be held liable for the pecuniary responsibility
, or solvency of any insurer under the provisions ofthis division, or in any manner become liable
for any sum on account of any claim or act or omission relating to the insured vehicle, nor shall
the liability of the owner of any vehicle be in any manner limited or changed by reason of the
provisions of this division, but the judgment creditors having causes of action secured thereby
shall be authorized to sue directly on such policy ofinsurance without impleading the city, and
all persons known to any insurer to have been injured or damaged in the same accident and
claiming damages thereunder may be made parties without priority of claim on payment in
any suit had or instituted on account of such matters.
(Ord. No. 96-2135, S 1(4.6), 9-23-96)
Sees. 78-133-78-155. Reserved.
CD78:15
VEHICLES FOR HIRE
S 78-162
Sec. 78-160. Fares.
(a) The city council shall have the right to change or establish the rates and fares to be
charged by taxicabs in the city at any time it deems necessary by ordinance. Until otherwise
changed by the city council, the following taxicab rates and fares shall be effective in the city:
(1) The rate of fare for one or more passengers picked up from the same point and
delivered to a common destination shall be an amount established by the city and
listed in appendixAofthis Code for initial fare and an amount established by the city
and listed in appendix A of this Code for each one-fifth of a mile.
(2) Waiting time consumed by the taxicab at the instance of the passengers shall beat an
hourly rate of an amount established by the city and listed in appendix A of this Code.
Waiting time shall be registered on the taxicab's meter with the selector lever in the
time position.
(3) If two or more passengers are going to the same destination, the driver shall collect
only one fare as recorded on the taximeter. If the passengers are going to different
destinations, the driver shall clear his meter at the first destination and charge the
first passenger the amount recorded on the taximeter, and proceed to the next
destination as though it were a completely new trip. Other destinations shall be
treated likewise.
(b) No taxicab shall be operated at any time with a passenger unless the meter is correctly
operating and showing the rates that are being charged. If at any time the taximeter stops or
fails to operate or is operating incorrectly, it shall be the duty of the operator of the taxicab to
immediately take the taxicab to its terminal and not operate such taxicab until the meter has
been fixed and adjusted.
(c) It shall be the duty of the applicant or licensee to have the taximeter in each taxicab
inspected during the 3D-day period immediately preceding the application for a taxicab permit
and to provide written proof that each taximeter is in good working order and free from
mechanical defects. The city shall have the right to inspect the taximeter any time it so desires.
(Ord. No. 96-2135, ~ 1(5.5), 9-23-96)
. Sec. 78-161. Misdemeanor to overcharge.
It shall be unlawful for any owner, driver or operator of any taxicab to refuse to convey a
passenger over the most direct route practical, or to demand or receive an amount in excess of
the rates displayed on the rate cards displayed in the taxicab and/or the rate shown on the
meter. Freewill tips are excepted.
(Ord. No. 96-2135, ~ 1(5.6), 9-23-96)
Sec. 78-162. Penalties for violation of division.
Each violation of this division shall constitute a separate offense and shall each be
punishable as a class C misdemeanor.
COrd. No. 96-2135, S 1(5.7), 9-23-96)
CD78:17
VEHICLES FOR HIRE
2 78-222
St. art. 6687 -9a. In the event of any conflict between the provisions of this article 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 may not
require a tow truck registered under the provisions of the state Tow Truck Act, to obtain city
registration, license or permit for consent tows unless the tow truck owner has a place of
business located within the boundaries of the city. The city may require city registration,
license or permit for all-tow trucks performing nonconsent tows within the boundaries of the
city without regard to the location of the place of business of the tow truck owner. The city
registration, license or permit will be in addition to the requirements of the state Tow Truck
Act.
(Ord. No. 1746, ~ 1(6-1-A), 2-25-91; Ord. No. 96-2136, ~ 1(6-1-A), 9-23-96)
State law reference-Similar provisions, Vernon's Ann. Civ. St. art. 6687 -9b, ~ 5.
Sees. 78-198-78-220. Reserved.
DIVISION 2. WRECKER COMMITTEE
Sec. 78-221. Creation; composition.
There is hereby created a wrecker committee. The wrecker committee shall be composed of
the following persons:
(1) The chief of police, or his duly designated representatives;
(2) The city secretary;
(3) The city manager or his duly designated representative.
(Ord. No. 1746, ~ 1(6-1-B), 2-25-91; Ord. No. 96-2136, ~ 1(6-I-B), 9-23-96)
Sec. 78-222. Authority to promulgate rules of operation.
The wrecker committee is hereby authorized to promulgate any and all rules and
regulations relating to the operation oftowing vehicle and auto wreckers, insofar as such rules
and regulations are not inconsistent with any of the provisions of this article and deemed
necessary to protect public safety and welfare. Specifically, but without limitation, the
committee is hereby authorized to promulgate any rules relating to restrictions on the number
of auto wreckers which may operate on the streets of the city at anyone time. The committee
shall cause the city secretary to serve copies of such rules on owners at their registered
addresses by certified mail. Such notices shall fully set out any rules promulgated, and the
effective dates of such rules. Any permit holders shall have the right, in accordance with the
provisions of section 78-224, to appeal to the city council with regard to any rules and
restrictions promulgated by the committee felt by such permit holder to be unduly onerous.
(Code 1970, ~ 6-16; Ord. No. 1746, S 1(6-16), 2-25-91; Ord. No. 96-2136, ~ 1(6-16),9-23-96)
CD78: 19
VEHICLES FOR HIRE
S 78-247
DIVISION 3. PERMITS
Subdivision 1. In General
Sec. 78-246. Insurance; required coverages.
(a) Before any permit shall be issued to any owner of an auto wrecker or emergency auto
wrecker, or before any renewal of such permit shall be granted, the owner shall be required to
file an insurance policy and/or certificate of insurance policy and/or certificate of insurance
with the city secretary, evidencing insurance coverage complying with the requirements
contained in subsection (b) of this section.
(b) Insurance coverage in subsection (a) of this section means an insurance policy and/or a
certificate of insurance covering all licensed towing vehicles or auto wreckers of the insured,
issued by a company qualified to do business in the state and performable in this county. All
insurance policies or certificates of insurance, including garage liability policies, must show
the year, make and model, state license number and motor number of all towing vehicles or
auto wreckers, which have been authorized to operate by the city. Further, all insurance
policies or certificates of insurance must include an endorsement listing the city as an
additional named insured party. All such insurance policies and/or certificates of insurance
must contain a provision, or an endorsement, requiring that the city secretary shall be given
at least ten days' written notice prior to the date of canCellation before such policy may be
canceled by the insurer, for any cause. All such policies shall provide the minimum coverage
to show "proof of financial responsibility" as that term is defined in the state Motor Vehicle
Safety Responsibility Act, as now in force or hereafter amended. Each tow truck with the gross
vehicle weight of26,000 pounds or less must carry $300,000.00 combined single limit coverage.
Each tow truck with a gross vehicle weight over 26,000 pounds must carry $500,000.00
combined single limit coverage. Insurance coverage shall comply with the provisions of the
state Tow Truck Act in all respects. The city shall immediately suspend, cancel or revoke any
towing vehicle or auto wrecker permit heretofore issued without further notice to the owner,
if satisfactory insurance as required in this section is not in full force and effect at all times,
with satisfactory evidence that such insurance is in full force and in effect; being on file with
the city secretary.
(Ord. No. 1746, S 1(6-3),2-25-91; Ord. No. 96-2136, S 1(6-3),9-23-96)
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. The permits issued pursuant to this article are transferable as
between owners only upon the express approval of the committee, and shall be subject to a
transfer fee in an amount established by the city and listed in appendix A of this Code, if
CD78:21
VEHICLES FOR HIRE
~ 78-274
(4) A statement that the owner will obey the provisions of this article, the rules and
regulations promulgated by the chief of police, and all other ordinances and statutes
applicable to motor vehicles and agrees that upon his failure to so obey such laws that
his permit may be revoked or suspended without notice to the owner.
(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 by the president and attested
by the secretary and the corporate seal affixed. In all cases, the person signing shall
execute an affidavit, on the application form, that the statements contained in such
affidavit are true and correct. Such application shall be accompanied by an annual
towing vehicle permit fee in an amount established by the city and listed in appendix
A of this Code for each towing vehicle the owner desires to operate. All permits shall
expire on December 31 of each year and shall then be renewed upon submission of a
properly executed application and the annual auto wrecker permit fee until the next
succeeding December 31. If a permit is granted subsequent to January 1 in any permit
year, the fee shall be paid pro rata for the balance of the year, and any portion of a
month shall be considered as an entire month in calculating the fee to be charged.
(Code 1970, ~ 1(6-4); Ord. No. 1746, ~ 1(6-4), 2-25-91; Ord. No. 96-2136, ~ 1(6-4), 9-23-96)
Sec. 78-273. Issuance.
After the owner has filed his towing vehicle application, permit fee and insurance policy, and
the city secretary or his designee has examined them and found them to be in compliance with
the terms of this article, he shall issue to the owner a permit for each towing vehicle licensed,
which permit shall bear upon its face a. notice that the permit expires on the succeeding
December 31. Each permit shall be dated and numbered and shall show on its face the make,
model, motor number and state license number of the towing vehicle licensed. The committee
is empowered to prescribe regulations for the displaying of signs on towing vehicles showing
that the same have been licensed as provided in this section.
(Code 1970, ~ 6-5; Ord. No. 1746, ~ 1(6-5),2-25-91; Ord. No. 96-2136, ~ 1(6-5),9-23-96)
Sec. 78-274. Additional and replacement.
(a) When an owner has obtained a towing vehicle permit and thereafter desires to increase
the number of towing vehicles to be operated, he shall file a supplemental application setting
forth his permit number and the fact that he desires to operate additional towing vehicles,
giving th~ make, model, motor number and state license number of each additional towing
vehicle. He shall also file the proper permit fee to cover the additional number of towing vehicle
permi ts.
(b) He shall also file with the city secretary or his designee a new insurance policy, or a
proper endorsement on the existing policy, covering the additional towing vehicles.
(c) The city secretary or his designee shall examine such supplemental towing vehicle
application, fee and policy, and if they are in order, shall issue towing vehicle permits covering
each additional towing vehicle.
CD78:23
VEHICLES FOR HIRE
~ 78-297
applicable to persons in this article shall apply to and be required of each partner or
each principal officer, and the failure of any of them to meet such requirements shall
be grounds to deny the application of the corporation or partnership. All changes of
such officers or partners shall be reported to the city secretary within ten days after
the change, and such new officers or partners shall individually file applications
certifying to their individual qualifications within such time. The failure to certify
within such time or to possess such qualifications required of such persons under this
article shall be cause for the suspension of all permits held by such corporation or
partnership.
(2) The application shall list the make, model, motor number and correct state license
number of the vehicle to be licensed by the applicant as an auto wrecker.
(3) Any person making application for an auto wrecker permit shall deposit with the city
secretary, upon making the application, a sum of money in the amount established by
the city and listed in appendix A of this Code. Such sum shall be used to pay for the
advertising of such application in the newspaper for two consecutive weeks. Within 15
days after receiving such sum and qualifying data, the city shall cause to be published
in the newspaper for two consecutive weeks a notice to all holders of auto wrecker
permits and all other interested persons. 'Such notice shall advertise the time and
place of the public hearing, which hearing shall be held not less than 15 days from the
date of the first publication. Such notice shall give the name of the applicant, the name
of the business under which the applicant proposes to operate and any other pertinent
data that the city secretary may deem necessary. If such deposit is in excess of the cost
of advertising, the city secretary shall cause such excess to be returned to the applicant
and likewise if the amount is insufficient to pay the cost of the advertising, the city
secretary shall then require the applicant to pay for the deficiency.
(4) The committee shall have in attendance at such hearing a representative from the city
legal department, and any other persons that it may deem necessary to conduct such
hearing.
(5) In determining whether the permit shall be granted, the committee shall take into
consideration the following:
a. The financial responsibility of the applicant;
b. The number of vehicles to be operated;
c. Make, model and type of vehicle or vehicles to be used;
d. Whether or not all insurance required by this article has been procured, or will be
procured;
e. That the applicant has a properly fenced storage facility for wrecked vehicles, the
size of his business location and lot, and that the lot is located within the city
limits;
f. Determine that all city ad valorem taxes and other taxes of the applicant have
been paid;
CD78:25
VEHICLES FOR HIRE
~ 78-326
required insurance, the auto wrecker to be licensed has been presented to the police
department for an inspection, the auto wrecker has passed such inspection, a certificate of
passage of inspection has been presented by the police department to the chief building official,
and the city secretary and city attorney have examined same and found them to be in
compliance with the terms of this article, the city secretary shall issue to the owner a permit
to operate an auto wrecker in the city upon the public streets, which permit shall bear upon
its face the make, model, motor number, permit number and the license number of the auto
wrecker. Such permits shall be issued by the city secretary upon authorization of the wrecker
committee and shall be attached to the auto wrecker. Such permits shall be attached to the
front windshield of the auto wrecker, placed immediately above the inspection sticker that has
been issued by the state for the auto wrecker. These permits are and shall always remain the
property of the city. In the event of suspension or revocation ofa permit, for any cause, it shall
be unlawful for the owner of the permit to retain such permit, and he shall cause the permit
to be destroyed or surrendered to the city secretary immediately upon notification of such
suspension or revocation, as is feasible.
(Code 1970, ~ 6-12; Ord. No. 1746, ~ 1(6-12),2-25-91; Ord. No. 96-2136, ~ 1(6-12),9-23-96)
Sec. 78-302. Transfer.
Whenever an owner wishes to discontinue the use of an auto wrecker during the period
covered by his permit and replace it with another, he shall file an affidavit stating that he has
discontinued using the auto wrecker covered by his permit, and desires to use another auto
wrecker in its place. He shall also attach a certificate from his insurer that such insurer has
been notified and agrees thereto. The city secretary shall, upon the payment of a transfer fee
in an amount established by the city and listed in appendix A of this Code, issue the owner a
new permit covering the new auto wrecker, as provided in section 78-301, and cause the old
auto wrecker permit to be canceled and voided. In the affidavit, as well as the certificate from
the insurer, the old and new auto wrecker shall be described by make, model, motor number
and license number.
(Code 1970, ~ 6-14; Ord. No. 1746, ~ 1(6-14),2-25-91; Ord. No. 96-2136, ~ 1(6-14),9-23-96)
Sees. 78-303-78-325. Reserved.
DMSION 4. REGULATIONS
Sec. 78-326. Wrecker rotation list.
(a) All auto wreckers desiring to be called for wrecker service by the city police department
shall request in writing to be placed on a qualified auto wrecker rotation list to be maintained
by the police department.
(b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is
requested by the city police department, except in a nonarrest situation, where the vehicle
owner has requested a specific wrecker.
. CD78:27
VEHICLES FOR HIRE
~ 78-328
Sec. 78-327. Procedure by auto wrecker operators at scene of disabled vehicle.
(a) Whenever an auto wrecker anives at the place where a motor vehicle has been disabled
by an accident, the auto wrecker driver shall legally park his vehicle 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 50 feet from a wrecked or disabled vehicle.
(b) It shall be unlawful for any wrecker owner, driver or agent to solicit the business of
towing, removing or repairing any wrecked or disabled vehicle at the place where an accident
has occurred, by words, cards, circulars or gestures.
(c) All auto wrecker drivers aniving at the place where any accident has occurred shall
obey all orders given them by any police officer of the city investigating such accident and shall
not in any manner interfere with such police officer in the performance of his duty.
(d) No auto wrecker or auto wrecker driver shall remove any wrecked or disabled vehicle
from the place where an accident has occurred, or attach his wrecker to the wrecked or
disabled vehicle until:
(1) The police officers have completed their investigation; and
(2) The driver of the vehicle, or the police officer where the driver is unable, has given
permission.
(e) The fact that no police officer of the city is present at the scene of the accident when an
auto wrecker or a towing vehicle that has been summoned to the scene by the vehicle owner
arrives shall not constitute an exception to this section, and it shall be the duty of any wrecker
owner to cause the police department of the city to be notified of the occurrence of the accident
and to await the anival of the police officers of the city and the completion of their
investigation.
(f) All wrecker drivers shall, at all times, obey all traffic laws of the state and the city.
(Ord. No. 1746, ~ 1(6-20), 2-25-91; Ord. No. 96-2136, ~ 1(6-17),9-23-96)
Sec. 78-328. Specifications and required equipment.
(a) Minimum size. Each auto wrecker and emergency auto wrecker shall not be less than
one ton in size and shall be equipped with booster brakes.
(b) Standards of winch. Each auto wrecker and emergency auto wrecker shall be equipped
with a power takeoff operated winch, winch line and boom, with a factory rated lifting capacity
(or city tested capacity) of not less than 5,000 pounds, single line capacity. The winch line shall
be at least three-eighths of an inch in diameter.
(c) Flashing light. Each auto wrecker and emergency auto wrecker shall have a flashing
light of at least four inches in diameter on the top of the cab, as prescribed or permitted by
state law, visible from both the front and rear of the truck.
(d) Wheels and tires. Each auto wrecker and emergency auto wrecker shall have dual
wheels on the rear with heavy duty tires thereon.
CD78:29
VEHICLES FOR HIRE
~ 78-329
(b) Additional labor charges. Additional charges may be made for the following additional
labor that is not required in a normal tow:
(1) An additional charge, not to exceed an amount established by the city and listed in
appendix A of this Code may be made for a ditch pull and/or rollover in those cases
where two separate pulls with the wrecker's winch line are actually required.
(2) An additional charge, not to exceed an amount established by the city and listed in
appendix A of this Code may be made for disengaging and removing the drive shaft, or
for other exceptional labor.
(3) A charge not to exceed an amount established by the city and listed in appendix A of
this Code per tire may be made when it becomes necessary to change a tire.
(c) Dollying of wrecked vehicles; charge. A charge not to exceed an amount established by
the city and listed in appendix A of this Code may be made when it is required to dolly a
wrecked vehicle. This charge shall be all inclusive, and no other charge may be imposed when
it is made.
(d) Maximum tow fees. The maximum charge for any and all tows from the scene of an
accident in the city limits shall be an amount established by the city and listed in appendixA
of this Code.
(e) Storage charges. A charge not to exceed an amount established by the city and listed in
appendix A of this Code, per day may be made for the storage of vehicles after the first 12
hours. If the vehicle is picked up during a time other than 8:00 a.m. to 5:00 p.m., Monday
through Friday, the storage charge may be charged in any event.
(f) Wrecker tickets; required information. Every holder of an emergency auto wrecker permit
and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents
shall utilize an official wrecker ticket provided by the city. A city police department inventory
form may be utilized as an official wrecker ticket as long as it contains the following
information:
(1) Name and address of the wrecker company.
(2) Time and location of the accident.
(3) Name, address and phone number of the place to which the vehicie is to be towed.
(4) Description of the vehicle and a general description of the parts of the vehicle that have
been damaged.
(5) An itemized list of services to be performed, charges for each and total charges.
(6) A place for the signatures of the auto owner or other person (including a police officer)
authorizing the tow of a vehicle.
(7) One copy ofthe wrecker ticket is to be given to the customer, and one copy is to be given
to the investigating police officer.
(Code 1970, ~ 6-18; Ord. No. 1746, ~ 1(6-21),2-25-91; Ord. No. 96-2136, ~ 1(6-20),9-23-96)
CD78:31
APPENDIX A-FEES
Description
Amount
b. Each minimum bill of residential, commercial and
industrial shall include 2,000 gallons of sewage
discharge treated each month.
c. Each minimum bill of apartment units, duplex
units, individual mobile homes in mobile home
parks, with units not individually metered for wa-
ter, shall include 2,000 gallons of sewage discharge
treated per unit, each month per unit.
d. Each additional 1,000 gallons treated for a cus-
tomer each month shall be charged in accordance
with the following schedule
1. Residential, per 1,000 gallons. . . .. .. . .. .. . . . 3.00
2. Commercial and industrial, per 1,000 gallons. 3.00
3. Apartment units, duplex units, individual mo-
bile homes in mobile home parks, with units
not individually metered for water, per 1,000
gallons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00
e. Computation of volume based on water purchased
1. Residential: The volume of sewage treated shall
be based on 85 percent of the resident's water
volume billed each month. However, the maxi-
mum residential charge will be limited to ....
2. Commercial and industrial: The volume of sew-
age treated will be based upon 85 percent ofthe
monthly water consumption.
3. Multiunits: The volume charge to apartment
units, duplex units, individual mobile homes in
mobile home parks, with units not individually
metered for water, shall be based on 85 percent
of the amount of water billed each month.
f. Senior citizen discount: Residential customers 60
years of age or older shall be entitled to a $2.00
monthly discount on their primary account.
Chapter 78. Vehicles for Hire
Article II. Taxicabs
Supp. No. 12
CDA:19
27.50
Section
this Code