Loading...
HomeMy WebLinkAboutO-2011-3320 amend Ch78-permitting/operation of Automobile Wreckers and Towing VehiclesREQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 14, 2011 Requested By: Tim Tietiens, Chief Adcox Department: Planning and Police Report: _Resolution: Ordinance: X Exhibits: 1. Ordinance highlight -strikeout version 2. Ordinance as proposed Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: _YES _NO SUMMARY Last year, the existing wrecker services serving La Porte requested the City consider some adjustments to the current Wrecker Ordinance. Several public hearings were held to review the proposals. Additional input was gathered from the Inspections Division who issues the wrecker licenses and the Police Department who inspects the vehicles and administers the call -out rotation. After hearing testimony, the Wrecker Committee evaluated and supported the proposal which recommends procedural changes as listed below as well as cleans up some provisions to comply with state law: • The rotation list would contain a slot for each wrecker company (regardless of the number of vehicles in the company fleet) rather than a rotation slot for each individually permitted vehicle. • Each wrecker would post a color -coded sticker in the windshield so the Police Department could more easily determine annual permitted status of that vehicle. A level 1 CVSA inspection would be required for heavy duty wreckers. • Further clarified the condition that heavy duty wreckers are subject to the maximum non -consent tow rate when towing a vehicle not requiring a heavy duty wrecker. Also provides a definition of heavy duty wrecker. • Requires that an applicant provide proof of ownership of a properly constructed vehicle storage facility. A lease, license, or tenancy would not constitute proof of ownership. • Adjusted the lettering sizes required on wreckers to conform to TDLR requirements. Action Required by Council: Consider approval of ordinance amending Chapter 78, Vehicles for Hire of the Code of Ordinances by amending A11, Automobile Wreckers and Towing Vehicles as recommended by the Wrecker Committee. J /0 1t, Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 78 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III. "AUTOMOBILE WRECKERS AND TOWING VEHICLES" REGARDING REGULATION OF WRECKERS AND TOWING SERVICES, AND PERMITTING OF SAME; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 1 "Generally", Section 78-196 "Definitions," of the Code of Ordinances, La Porte, Texas, by amending and/or adding the following definitions, which shall read as follows: "Auto wrecker means a towing vehicle which may lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle from the scene of the accident withattt having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident." "Heavy duty wrecker- means an auto wrecker which is not less than five (5) tons in size." Section 2: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision I "In General", Section 78-247 "Permits are personal to owners; transferal," of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: Sec. 78-247. Permits are personal to owners; transferal. A permit issued under this article for a towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. For such purposes permit holders are prohibited from subcontracting out The permits issued pursuant to this article are transferable as between owners only upon 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 3: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78- 297 "Application," subparagraph "5", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: " (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 provides proof of ownership ofhe-,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 Or-dinane this Code. For -purposes ofthis section a lease, license or tenancy shall not constitute,proof of ownership. 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." N Section 4: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78- 301 "Issuance", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 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 delivered to the applicant'. ---:_a_t___t� _rpt-- - �_ __ , , , ,• - - - Mese Auto wrecker 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 5: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 4 "Regulations", Section 78-328 "Specifications and Required Equipment," subparagraph "(e)", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: " (e) Required equipment. Each emergency auto wrecker, and all auto wreckers that are to be eligible to be summoned to an accident scene when requested by a driver, shall be provided with the following: (1) Fire extinguishers. Such fire extinguishers are defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. The fire extinguisher shall be a standard type, chemical fire extinguisher designed to combat motor vehicle fires. (2) Parking flares. The parking flares are defined as that piece of equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway. (3) Tow bars. The tow bars are that piece of equipment sometimes known as the A -frame, which is a part of the auto wrecker and is used to hold a vehicle which has been elevated for towing, stability and to prevent swinging of the raised vehicle as it is being towed. When a vehicle is being towed, the tow bar shall be in place to prevent swinging. (4) Broom and sand box. There shall be a broom and a sand box with at least a three -gallon capacity for the purpose of cleaning up oil and other liquids. (5) Shovel and pinch bar. There shall be a shovel and pinch bar. (6) Container for debris. There shall be a container to hold glass and debris. (7) Sign. There shall be a permanently affixed sign, with a minimum fettr one -inch lettering, identifying the owner name and phone number of the emergency auto wrecker with stie , owner -'s Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the equipment required by this section at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the police department of the city for compliance with the eauinment reauirements_ In adAitinn_' the nnlin.P r t-_nArfmpn+ chail luwfn,� a r r 00 Section 6: That Chapter 78, "Vehicles for Hire," Article I1I. "Automobile Wreckers and Towing Vehicles", Division 4 "Regulations", Section 78-326 "Wrecker Rotation List," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: Sec. 78-326. Wrecker rotation list. (a) All auto wrecker or towing service companies 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 TFtP, aajtnurrp!rlrPr rntatinn l;& el «ll nnn+�,,, (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. (c) When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident upon a public street is unable to proceed safely under its own power, or when the owner of a vehicle is physically unable to drive such vehicle, the officer shall Eli request the owner to designate the auto wrecker or towing company the owner desires to remove that vehicle. When the owner has designated the wrecker or towing company desired, the police officer shall communicate the fact immediately to police department headquarters, and it shall be the duty of the dispatcher receiving such information at headquarters to call the designated company, provided the company can respond to the location within 20 minutes. If the company cannot respond in the designated time, the owner shall be so informed and given an opportunity to designate another company. (d) If the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating officer shall communicate the fact immediately to police department headquarters. The police department shall maintain a wrecker rotation list which shall contain the names and addresses of each wrecker or towing service company that complies with the provisions of this article in order that such company might be called upon for wrecker service by the police department. The police officer receiving a call at police headquarters for wrecker service shall call the first auto wrecker or towing service company on the list to tow the disabled vehicle or move the vehicle from the public streets of the city. A corn aanv holding more than one wrecker or, tow truck nermit is respond within ;the time frame established in subparagraph ;(e) below, After the company at the top of the list receives a call, then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker or towing service under the provisions of this article has received calls. The police department shall notify each wrecker company in sufficient time prior to its rendering such wrecker service in order that the company might adequately provide the necessary men and equipment to answer the calls. Specifically requested wreckers must be duly licensed by the state and able to respond to the scene within a 20 -minute time frame. If they cannot respond in that time frame, the officer in charge will advise the requesting party and request a wrecker from the rotating list. (e) If an auto wrecker or towing service company is requested by the police department to make a call and the company agrees to make the call, then the company shall proceed immediately to the scene where it is directed and shall be given a 20 -minute time frame to reach such location. If the auto wrecker or towing service company answering the call has not reached the location within 20 minutes, then the officer at the scene may proceed to call the next auto wrecker or towing service company on the list, and that company shall have priority over that particular call. If the auto wrecker or towing service company called fails to comply with the provisions of this article by proceeding to the designated place within the time specified in this subsection, then this auto wrecker or towing service company shall be removed from the top of the list and placed at the bottom of the list. (f) This section only applies to accident scenes and not to custodial arrests. The 20 -minute time frame does not apply if the officer in charge deems the situation to be too dangerous in nature to wait that period of time." Section 7: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 4 "Regulations", Section 78-329 "Permissible fees and Charges for Non -Consent Towing", subparagraph "(a)", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: 5 (a) "Maximum charge for non -consent tow, per wrecker. Except as otherwise provided in this section, the maximum charge for all non -consent tows from the scene of an accident Iocation, shall in the city limits to the place of business of the wrecker operator, or other not exceed an amount established by the city and listed in appendix A of this Code. I and towing the vehicle from the non -consent tow means picking up the vehicle or moving 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 ha,, nnf HAo„ Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section . 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, n or part shall in no way affect, impair or invalidate the remaining portions thereof, but as tolsu h remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 11; The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 12. 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 once 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 day of , 2011. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney �a i i_ ORDINANCE NO. 2 AN ORDINANCE AMENDING CHAPTER 78 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III. "AUTOMOBILE WRECKERS AND TOWING VEHICLES" REGARDING REGULATION OF WRECKERS AND TOWING SERVICES, AND PERMITTING OF SAME; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 1 "Generally", Section 78-196 "Definitions," of the Code of Ordinances, La Porte, Texas, by amending and/or adding the following definitions, which shall read as follows: "Auto wrecker means a towing vehicle which may lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle from the scene of the accident having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident." "Heavy duty wrecker means an auto wrecker which is not less than five (5) tons in size." Section 2: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision I "In General", Section 78-247 "Permits are personal to owners; transferal," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 78-247. - Permits are personal to owners; transferal. A permit issued under this article for a towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. For such purposes permit holders are prohibited from subcontracting out or leasing permitted vehicles to persons or corporations not holding a permit to operate the vehicle. 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 3: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78- 297 "Application," subparagraph "5", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: " (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 provides proof of ownership of 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 this Code. For purposes of this section a lease, license or tenancy shall not constitute proof of ownership. 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 N j. Any and all other facts the committee may deem relevant." Section 4: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78- 301 "Issuance", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 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 delivered to the applicant. In addition thereto, the city shall deliver a vehicle sticker indicating the permit number and permit expiration date, which shall be displayed on the front windshield of the wrecker, immediately above the inspection sticker. Such stickers shall be color coded, and issued at the beginning of each permit year during the required annual inspection. Auto wrecker 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 5: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 4 "Regulations", Section 78-328 "Specifications and Required Equipment," subparagraph "(e)", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: " (e) Required equipment. Each emergency auto wrecker, and all auto wreckers that are to be eligible to be summoned to an accident scene when requested by a driver, shall be provided with the following: (1) Fire extinguishers. Such fire extinguishers are defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. The fire extinguisher shall be a standard type, chemical fire extinguisher designed to combat motor vehicle fires. (2) Parking flares. The parking flares are defined as that piece of equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway. (3) Tow bars. The tow bars are that piece of equipment sometimes known as the A -frame, which is a part of the auto wrecker and is used to hold a vehicle which has been elevated for towing, stability and to prevent swinging of the raised vehicle as it is being towed. When a vehicle is being towed, the tow bar shall be in place to prevent swinging. (4) Broom and sand box. There shall be a broom and a sand box with at least a three -gallon capacity for the purpose of cleaning up oil and other liquids. (5) Shovel and pinch bar. There shall be a shovel and pinch bar. (6) Container for debris. There shall be a container to hold glass and debris. (7) Sign. There shall be a permanently affixed sign, with a minimum one -inch lettering, identifying the owner name and phone number of the emergency auto wrecker (if applicable), three inch lettering identifying the permit holder's name, and two inch letter identifying such permit holder's phone number, address and name of his or her business. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the equipment required by this section at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the police department of the city for compliance with the equipment requirements. In addition, the police department shall perform a Level I, CDSA inspection on all heavy duty wreckers as part of the annual equipment compliance inspection." Section 6: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 4 "Regulations", Section 78-326 "Wrecker Rotation List," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 78-326. Wrecker rotation list. (a) All auto wrecker or towing service companies 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. The auto wrecker rotation list shall contain a slot for each company or persons owning a permit or permits to operate auto wreckers in the City. However, a company shall never be entitled to more than one slot on the auto wrecker rotation list, regardless of the number of individual vehicles a company is permitted to operate. The auto wrecker rotation list shall contain the name, address and telephone number of each company. (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. (c) When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident upon a public street is unable to proceed safely under its own power, or when the owner of a vehicle is physically unable to drive such vehicle, the officer shall request the owner to designate the auto wrecker or towing company the owner desires to remove 4 that vehicle. When the owner has designated the wrecker or towing company desired, the police officer shall communicate the fact immediately to police department headquarters, and it shall be the duty of the dispatcher receiving such information at headquarters to call the designated company, provided the company can respond to the location within 20 minutes. If the company cannot respond in the designated time, the owner shall be so informed and given an opportunity to designate another company. (d) If the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating officer shall communicate the fact immediately to police department headquarters. The police department shall maintain a wrecker rotation list which shall contain the names and addresses of each wrecker or towing service company that complies with the provisions of this article in order that such company might be called upon for wrecker service by the police department. The police officer receiving a call at police headquarters for wrecker service shall call the first auto wrecker or towing service company on the list to tow the disabled vehicle or move the vehicle from the public streets of the city. A company holding more than one wrecker or tow truck permit is permitted to respond with any available permitted vehicle, so long as the vehicle selected can respond within the time frame established in subparagraph (e) below. After the company at the top of the list receives a call, then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker or towing service under the provisions of this article has received calls. The police department shall notify each wrecker company in sufficient time prior to its rendering such wrecker service in order that the company might adequately provide the necessary men and equipment to answer the calls. Specifically requested wreckers must be duly licensed by the state and able to respond to the scene within a 20 -minute time frame. If they cannot respond in that time frame, the officer in charge will advise the requesting party and request a wrecker from the rotating list. (e) If an auto wrecker or towing service company is requested by the police department to make a call and the company agrees to make the call, then the company shall proceed immediately to the scene where it is directed and shall be given a 20 -minute time frame to reach such location. If the auto wrecker or towing service company answering the call has not reached the location within 20 minutes, then the officer at the scene may proceed to call the next auto wrecker or towing service company on the list, and that company shall have priority over that particular call. If the auto wrecker or towing service company called fails to comply with the provisions of this article by proceeding to the designated place within the time specified in this subsection, then this auto wrecker or towing service company shall be removed from the top of the list and placed at the bottom of the list. (f) This section only applies to accident scenes and not to custodial arrests. The 20 -minute time frame does not apply if the officer in charge deems the situation to be too dangerous in nature to wait that period of time." Section 7: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and Towing Vehicles", Division 4 "Regulations", Section 78-329 "Permissible fees and Charges for Non -Consent Towing", subparagraph "(a)", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: E7 (a) "Maximum charge for non -consent tow, per wrecker. Except as otherwise provided in this section, the maximum charge for all non -consent tows from the scene of an accident in the city limits to the place of business of the wrecker operator, or other location, shall not exceed an amount established by the city and listed in appendix A of this Code. A non -consent tow means picking up the vehicle or moving and towing the vehicle from the street to a location, where the tow was not initiated by the vehicle owner or operator or the consent of the vehicle owner or operator has not been otherwise secured. Fees charged for non -consent tows by heavy duty wreckers shall not be subject to this regulation, except in those cases where a heavy duty wrecker is used for tows not requiring a heavy duty wrecker." Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 9: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 11. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 12. 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 once 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. 6 PASSED AND APPROVED this theay of MUM. 52011. CITY OF L ORTE By: obis R. Rigby,; Mayor ATTEST: .111 etary APPROVED: Zd,,& KI( 7- Ir - Assistant City Attorney