HomeMy WebLinkAboutO-2008-2136-B amend Ch 78, permissible fees and charges for non-consent towing (original 1996)
13 .
~-
,.,.,....-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Novemb~
Requested By: Tim Tietiens ~
Department: Plannin!!
ADDrooriation
Source of Funds: Nt A
Account Number:
Report: X Resolution:
Ordinance:
X
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
SUMMARY & RECOMMENDATION
The Wrecker Committee was established by Section 78-221, Chapter 78 (Vehicles for Hire) of the Code
of Ordinances in the early 1990's. Composition of the Committee is the Chief of Police (or designated
representative), the City Secretary and the City Manager (or designated representative).
On September 2, 2008, the Committee met to discuss a request by Mr. Bobby Slocum, of La Porte
Towing and Mr. Tim DeWalt, of DeWalt Towing, for a possible rate increase for non-consellt towing
services.
Upon review, the Committee detennined that in comparison with several other wrecker associations, rates
charged by La Porte were significantly lower. The Committee recommended the following rate increases
for non-consent towing services:
.
Increase the maximum charge for non-consent tows to $145, omitting additional charges for labor
not included in a nonnal tow.
Increase daily vehicle storage fee to $20 for vehicles less than 25 feet in length and $35 for
vehicles 25 feet or more in length.
Allow an additional $3.50 per mile charge for out-of-town tow.
.
.
During the October 27,2008, City Council Workshop, questions were raised regarding the defInition of
consent towing and storage duration. To the extent allowable by law, the proposed ordinance does
address these issues.
These changes, as shown in the attached draft ordinance amendment, would replace in its entirety; Code
of Ordinances Chapter 78, Article III, Division 4, Section 78-329 and Appendix - A Fees, Chapter 78,
Article m, Division 4.
onsid an amendment to Chapter 78, Section 329 of the Code of Ordinances and Appendix - A "Fees"
regardi g permissible fees and charges for non-consent towing.
(/ /~ k
nate I
ORDINANCE NO. 2008- .tl~ ~
AN ORDINANCE AMENDING CHAPTER 78 "VEIDCLES FOR HIRE" OF THE CODE
OF ORDINANCES OF THE CITY OF LA 'PORTE, BY AMENDING ARTICLE IiI
"AUTOMOBILE WRECKER AND TOWING VEIDCLES", DIVISION 4
"REGULATIONS", SECTION 78-329 "PERMISSIBLE FEES AND CHARGES FOR
NON-CONSENT TOWING" AND AMENDING CHAPTER 78 "VEHICLES FOR HIRE"
OF APPENDIX-A "FEES" OF THE CODE OF ORDINANCES, TO INCREASE
ALLOWABLE. CHARGES FOR NON-CONSENT TOWING, INCREASE STORAGE
FEES, AND TO ALLOW ADDITIONAL PER MILE CHARGE FOR OUT OF TOWN
TOWS; PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED
THERETO; PROVIDIN(; 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 4 "Regulations",
Section 78-329, "Permissible fees and charges for Non-Consent Towing" in its entirety, to read
as follows:
"Section 78-329. Permissible fees and charges for Non-Consent Towing.
"(a) Maximum charge for non-consent tow, per wrecker. Except as otherwise provided in thus
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.
(b) Additional per mile charge for out of town tows. An additional per mile charge. not to exceed
an amount established by the City and listed in Appendix A of this Code, may be assessed for
non-consent tows requiring transport of vehicles to a location or destination outside the city
limits, for distances up to 50 miles.
(c) 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.
(d) Wrecker tickets; required information. Every holder of an emergency auto wrecker permit
and those auto wrecker permit holders that ate eligible to be summoned to scenes of accidents
shall utilize an official wrecker ticket provided by the city. A city police depaI1ment 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 vehicle 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 of the wrecker ticket is to be given to the customer, and one copy is to be given to
the investigating police officer."
Section 2. That Chapter78 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" in its entirety, to read as follows:
"Division 4. Regulations
(a) Maximum charge for non-consent tow... ........... .......... .....$145
78-329(a)
(b) Additional per mile charge for out of town tow, not
to exceed 50 miles............................................ ...$3.50/mile
(c) Vehicle storage charge (daily)
(1) Vehicles less than 25 feet in length....................... ...$20
(2) Vehicles 25 feet in length or more........................ ...$35"
78-329(b)
78-329(c)
Section 3. 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 4. 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 5. 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 this the I ()It- day of IJ 0 U . , 200_.
~y~
Alton E. Porter
Mayor
By:
ATTEST:
~ttd1L (j. P(4#
Martha A. Gillett
City Secretary
APPROVED:
~/:..~
Clark T. Askins
Assistant City Attorney
askins
& askins p.c.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
November 10, 2008
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Dear Lady and Gentlemen:
Appearing on tonight's agenda is an ordinance authorizing an
increase in non-consent towing fees, the original draft of which
was works hopped during the October 27th meeting.
In response to issues and questions raised during the workshop
meeting, the following changes were made to the ordinance:
1.
The definition of "non-consent tow" under proposed section 78-
329(a), was expanded to incorporate the definition under the
Texas Occupations Code, to state that "A non-consent tow means
picking up the vehicle or moving and towing the vehicle form
the street to a location, when 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." ( emphasis
added)
,;.-.
2. A distance limitation of 50 miles, was added to proposed
Section 78-329(b), so that per mile allowance of $3.50 being
added to this ordinance is applicable only to trips of 50
miles or less.
At the Council workshop, ,the first question asked was whether a
municipality can set a limit on the length of time a vehicle
storage yard can keep towed vehicles on the premises. The concern
was that a vehicle storage yard could become a de facto junk yard.
Texas Occupations Code Chapter 2303, which governs the use and
licensing of vehicle storage of towed vehicles, does not establish
a limit on the time a towed vehicle can remain at a storage yard.
Chapter 2303 requires that operators give a series of notices to
the vehicle owner i after 41 days from th.e sending of initial
notice, a second notice is sent giving the owner 10 days to pay all
fees and pick up the vehicle. After expiration of the 10 days, the
vehicle is legally considered abandoned. Once abandoned, Chapter
2303 provides that the facility owner "may" sell the vehicle at
public auction, but does not compel any other action.
The proposed maximum daily storage fee is specifically
by Chapter 2302, in section 202.155(b) (3).
<:/ ,
/ /,/
l', c;
authorized ~-;p
'<"~
(::?~
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax knoxaskins@comcast.net. ctas!dns@swbell.net
November 10, 2008
page 2
The second question asked was whether the City can classify a tow
as "non-consent", when the police allow a vehicle owner to request
the final destination of the tow. There were related concerns
about allowing vehicles to be towed outside the general area.
The City Attorney's office is satisfied that a tow is still deemed
"non-consent", even when the police allow the vehicle owner to
choose the destination of the towed vehicle, because Texas
Occupation Code Section 2308.002, defines a "con~ent to'l.t" as any
tow "ini tiated by the owner or operator of the vehicle or by a
person who has possession, custody, or control of the vehicle. The
term :!does -n0t include.....a~tow of a motor vehicle ini tia ted by a peace
o~fi9E::_J;:. investigating a tralrn::--accroent-ar-atraffie-Tiicldent that
involves the vehicle." (emphasis added)
-_.
Also, Section 2308.205 states that "a towing company that makes a
non consent tow shall tow the vehicle to a vehicle storage facility
that is operated by a person who holds a license to operate the
facility under Chapter 2303, unless the towing company agrees to
take the vehicle to a location designated by the vehicle's owner."
The clear implication of this statute is that even when allowance
is made for the vehicle owner to request where the vehicle is
taken, the tow is still considered "non consent".
Finally, as to the authority of the City to prescribe per mile fees
for out of town tows, Occupations Code Section 2308.202 states that
"the governing body of a political subdivision may regulate the
fees that may be charged or collected in connection with a non-
consent tow originating in the territory of the pOlitical
subdivision.
Thank you, and should you have any questions, please do not
hesitate to give me a call.
Yours very truly,
~/~
Clark T. Askins
Assistant City Attorney
City of La Porte
CTA: sw
Attachment
cc: Mr. Ron Bottoms, City Manager
Mr. John Joerns, Assistant City Manager
Ms. Martha A. Gillett, city Secretary
Mr. Knox W. Askins, City Attorney