HomeMy WebLinkAbout10-03-06 Special Called Regular Meeting and Public HearingMeeting Minutes
October 3, 2006
CITY OF LA PORTE
VVIRECKER COMMITTEE
MINUTES OF OCTOBER 3, 20"
Committee Members Present: Wayne Sabo, Planning Director (designated representative of the City
Manager); Martha Gillett, City Secretary; and Aaron Con -ales, Asst.
Police Chief (designated representative of the Police Chief)
Staff Members Present: Clary Askins, Assistant City Attorney and Peggy Lee, Office
Coordinator
CALL TO ORDER
Meeting called to order by Chairman Wayne Sabo at 2:30 p.m.
2. CONSIDER APPROVAL OF AUGUST 22, 2006, MEETING MINUTES.
Motion by Martha Gillett to approve the Minutes of August 22, 2006. Second by Aaron Corrales.
The motion carried; Minutes approved as presented.
3. CONDUCT PUBLIC HEARING TO DISCUSS AN APPLICATION BY LA PORTE TOWING,
INC. FOR AN EMERGENCY AUTO WRECKER PERMIT, IN ACCORDANCE WITH
SECTION 79-297 OF THE CODE OF ORDINANCE -
A. OPEN PUBLIC HEARING
Chairman Wayne Sabo opened the public hearing at 2:31 p.m.
B. STAFF COMMENTS
Staff concurred that the application submitted by La Porte Towing, Inc. appeared to be in
order with all required documentation.
C. PUBLIC COM vffiNTS
Bobby Slocum, whose residence is 1.0839 Mulberry. and business .is.at 202 N. 111h Street,
answered questions from Committee Members. Mr. Slocum currently has two
emergency auto wrecker permits 1) La Porte Automotive and 2) La Porte Towing. There
is enough room available at his, storage lot to accommodate 200 — 300 additional cars:.
D. CLOSE PUBLIC HEARING
Chairman Sabo closed the public hearing at 2:35 p.m.
Wrecker Committee
Minutes of October 3, 2006
Page 2 of 2
4. CONSIDER APPROVAL, DENIAL, OR OTHER ACTION REGARDING AN APPLICATION
BY LA PORTE TOWING, INC. FOR AN EMERGENCY AUTO WRECKER PERMIT
Motion by Martha Gillett to approve the application by La Porte Towing, Inc. for an emergency
auto wrecker permit. Second by Aaron Corrales. The motion carried with all in favor.
ADMINISTRATIVE REPORTS
Assistant City Attorney Clark Askins asked for clarification on several items related to La Porte
Towing's application. The following was discussed and noted: ]} the applicant will affix Iris
corporate seal to the original application; 2) the name on the permit shall be shown as La Porte
Towing 11; and 3) on page one of application, corporation president and secretary shall be
indicated by circling "b."
6. COMMITTEE COMMENTS
The Committee discussed the date for the next meeting when proposed changes to the ordinance
and fee updates will be discussed.
Motion by Martha Gillett to adjourn. Second by Aaron Corrales. The motion carried with all
Committee Members in favor. The Meeting adjourned at 2:44 p.m.
Prepared by Peggy Lee, Office Coordinator
Dewalt's Towing
60-Day Compliance Review
DeWalVs Towing 60-Day Compliance Review
Excerpt from 8-22-06 Wrecker Committee Meeting Minutes
5.B. STAFF COMMENTS
Chief Building Official, Debbie Wilmore, addressed the Committee. Four wrecker
permits for DeWalt's Towing, LLC were suspended at a previous Committee meeting.
Staff has been monitoring the progress at the site for compliance.
Mr. DeWalt contacted the City on 8-21-06 to arrange for a site visit the same afternoon
at his storage yard located at 400 E. Main. Photographs were taken and Ms. Wilmore
presented a slide show of current conditions at the site.
Ms. Wilmore summarized the status of site conditions:
• Sign in street r-o-w of East Main has been removed.
• Mowing and weed eating was initially performed, but will need to continue as
growth occurs.
• Debris continues to be an issue.
• The single layer of material placed on the fence is insufficient for meeting
screening requirements.
• Visibility of junk vehicles is still a problem when the business gates are open.
• Shipping containers still remain in the yard.
• Large trucks are no longer parked in r-o-w.
6. CONSIDER POSSIBLE ACTION TO CANCEL, REVOKE, OR CONTINUE
SUSPENSION OF WRECKER PERMIT NUMBERS 481, 482, 483, AND 484 (ISSUED
AS PERMIT NUMBERS 475, 476, 477 AND 478 IN 2005), ISSUED TO DEWALTS'S
TOWING, LLC.
Motion by Asst. Chief Corrales to reinstate permit numbers 481, 482, 483, and 484 for a
period of 60 days, at which time the matter will be revisited for possible further action
and during such time the gates will remain closed during operation when vehicles are not
entering or exiting the business. Second by Martha Gillett. The motion carried
unanimously.
Chapter 78
Vehicles for Hire
Secs. 78-1-78-30. Reserved.
Chapter 78
VEHICLES FOR HIRE*
Article I. In General
Article H. 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.
Parldng.
Sec.
78-45.
Consumption of alcoholic beverages in vehicle.
Sec.
78-46.
Cruising.
Secs.
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.
Secs.
78-74-78-95.
Reserved.
Division 3. Driver's License
Sec. 78-96. Required.
Sec. 78-97. Qualifications and conduct of drivers.
Sec. 78-98. Application; contents.
*Cross references -Businesses, ch. 22; traffic and vehicles, ch. 70; sign regulations, §
106-871 et seq.
CD78:1
LA PORTE CODE
Sec.
78-99.
Fee.
Sec.
78-100.
False statements in application.
Sec.
78-101.
State license required.
Sec.
78-102.
Issuance.
Sec.
78-103.
Expiration.
Sec.
78-104.
Revocation.
Secs.
78-105-78-125. Reserved.
Division 4. Liability Insurance
Sec.
78-126.
Required.
Sec.
78-127.
Filing; naming of city as additional named insured.
Sec.
78-128.
Minimum amount of coverage.
Sec.
78-129.
Persons protected.
Sec.
78-130.
Provision for continuing liability.
Sec.
78-131.
Cancellation.
Sec.
78-132.
City not liable for solvency of insurer; owner's liability not affected; suits on
policy.
Secs.
78-133-78-155. Reserved.
Division 5. Regulation of Fees and Charges
Sec.
78-156.
Daily manifest.
Sec.
78-157.
Taximeters.
Sec.
78-158.
Passengers must pay for use of cabs.
Sec.
78-159.
Terminals and subterminals.
Sec.
78-160.
Fares.
Sec.
78-161.
Misdemeanor to overcharge.
Sec.
78-162.
Penalties for violation of division.
Secs.
78-163-78-195.
Reserved.
Article M. Automobile Wreckers and Towing Vehicles
Division 1. Generally
Sec. 78-196. Definitions.
Sec. 78-197. Effect of state law and regulations.
Secs. 78-198-78-220. Reserved.
Division 2. Wrecker Committee
Sec. 78-221. Creation; composition.
Sec. 78-222. Authority to promulgate rules of operation.
Sec. 78-223. Revocation or suspension of auto wrecker or towing vehicle permits.
Sec. 78-224. Appeal from the findings of the committee.
Secs. 78-225-78-245. Reserved.
CD78:2
VEHICLES FOR HIRE
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.
Secs. 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.
Secs.
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.
Secs.
78-303-78-325.
Reserved.
Division 4. Regulations
Sec. 78-326. Wrecker rotation list.
Sec. 78-327. Procedure by auto wrecker operators at scene of disabled vehicle.
Sec. 78-328. Specifications and required equipment.
Sec. 78-329. Permissible fees and charges.
Sec. 78-330. Prohibited acts.
CD78:3
Secs. 78-1-78-30. Reserved.
VEHICLES FOR HIRE § 78-33
ARTICLE I. IN GENERAL
ARTICLE 11. 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 of a 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 be 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, VT.C.A., Local Government Code
§ 215.004.
CD78:5
§ 78-34 LA PORTE CODE
Sec. 78-34. Prosecution for violation of article provisions.
In a prosecution for a violation of this article it shall not be necessary for the complaint to
allege, or for proof to be made, that the act was knowingly done, nor shall it be necessary for
the complaint to negate any exception contained in this article concerning any prohibited act.
(Ord. No. 96-2135, § 1(1.2), 9-23-96)
Sec. 78-35. Liability of city.
The city shall not be liable for any reason for the amount due to any claim or on account of
any act or omission of any officer of the city in connection with any matter relating to taxicabs.
(Ord. No. 96-2135, § 1(1.3), 9-23-96)
Sec. 78-36. Owner to employ only licensed drivers.
It shall be unlawful for any owner of any taxicab to permit any person who has not been
licensed with a taxicab license issued under the provisions of this article to drive or operate
any taxicab.
(Ord. No. 96-2135, § 1(1.4), 9-23-96)
Sec. 78-37. Inspection; authority of city; minimum vehicle standards.
(a) Every person owning a taxicab in the city shall have the taxicab inspected at his own
expense once every year by an automobile mechanic certified by the state. It shall be the duty
of the owner of every taxicab to ascertain the type and kind of inspection required by this
article. A certificate evidencing compliance with this section shall be kept posted in the taxicab
in such position as to be plainly visible to all passengers thereof, and, in addition, a sticker
evidencing inspection for the current permit year, prominently displayed over the front
windshield of the taxicab.
(b) The city shall have the right to inspect all taxicabs licensed or to be licensed pursuant
to this article to determine if such vehicles meet the following minimum standards:
(1) Each vehicle shall be equipped with a fire extinguisher that has a fire extinguisher tag
evidencing that the extinguisher was inspected by a fire extinguisher service during
the 30-day period immediately preceding the application or renewal of such applica-
tion for a taxicab permit.
(2) Each vehicle shall be free from dirt or rubbish and shall otherwise be clean, sanitary
and free from interior or exterior damage.
(3) The vehicle's identification number and license number shall be compared to the
numbers listed on the taxicab license application for accuracy.
(4) Each vehicle shall be equipped with an air conditioner that is in good working order
and shall have windshields that are free from cracks.
CD78:6
VEHICLES FOR HIRE § 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 the 30-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 of the
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, § 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, § 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, § 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, § 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
§ 78-42 LA PORTE CODE
Sec. 78-42. Maximum seating.
It shall be unlawful for any person engaged in the taxicab business to overcrowd the taxicab
and thereby endanger the passengers carried therein. The term "overcrowd" shall mean that
the driver is transporting a greater number of people in the vehicle than has been recom-
mended by the manufacturer of the vehicle, or for whom there is not a seat belt, inclusive of
the driver. It shall be unlawful in any event for more than one passenger to ride in the front
seat of the taxicab with the driver.
(Ord. No. 96-2135, § 1(1.10), 9-23-96)
Sec. 78-43. Receipt and discharge of passengers.
No driver of a taxicab shall receive or discharge passengers in the roadway of any street, but
shall drive to the righthand sidewalk as nearly as possible, or, in the absence of a sidewalk, to
the extreme righthand side of the road and there receive or discharge passengers.
(Ord. No. 96-2135, § 1(1.11), 9-23-96)
Sec. 78-44. Parking.
(a) All taxicabs shall be subject to the sections of this Code, articles of the city and state law
concerning the parking of motor vehicles.
(b) No taxicab shall be parked at any time on any public street or alley except for the
purpose of loading and unloading passengers.
(Ord. No. 96-2135, § 1(1.12), 9-23-96)
Sec. 78-45. Consumption of alcoholic beverages in vehicle.
It shall be unlawful for any driver or passenger of any taxicab to drink alcoholic beverages
of any kind while inside the taxicab, or to have an open container of any alcoholic beverage of
any kind.
(Ord. No. 96-2135, § 1(1.13), 9-23-96)
Sec. 78-46. Cruising.
The practice of cruising a taxicab upon the streets of the city for the solicitation of
passengers is hereby prohibited.
(Ord. No. 96-2135, § 1(1.14), 9-23-96)
Secs. 78-47-78-65. Reserved.
DIVISION 2. OWNER'S PERMIT
Sec. 78-66. Required.
It shall be unlawful for the owner of any taxicab to operate the taxicab on any street within
the city without first obtaining from the city secretary a permit authorizing such operation.
(Ord. No. 96-2135, § 1(2.1), 9-23-96)
VEHICLES FOR HIRE § 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
§ 78-68 LA PORTE CODE
(c) The initial application shall be accompanied by a nonrefundable license fee per vehicle
in an amount established by the city and listed in appendix A of this Code to cover the expense
of processing the application. Subsequent renewal applications for the same taxicab shall not
be subject to such vehicle application fee.
(Ord. No. 96-2135, § 1(2.3), 9-23-96)
Sec. 78-69. Action on application; city approval and renewal.
(a) Investigation of applicant. Upon receipt of a satisfactory application, the city shall cause
an investigation of the applicant to be made as it deems necessary. The investigation shall be
completed as soon as practicable but in no event later than ten working days after the receipt
of the original application.
(b) Denial. If, as a result of such investigation, the applicant's qualifications are found to be
unsatisfactory, the city shall endorse its disapproval upon the application and the reasons for
such disapproval, and cause the application to be denied.
(c) Approval. If, as a result of such investigation, the applicant's qualifications are found to
be satisfactory, the city shall endorse such satisfaction on the application and approve the
application.
(d) Appeals. An applicant who is denied a taxicab permit shall have the right to appeal to
the city council within ten days from the date of denial of the permit. The appeal shall be
perfected by a letter addressed to the city secretary stating that an appeal from the decision
of the city is desired. The city council, as soon as practicable after receiving such notice of
appeal from the findings of the city, and after hearing on such appeal, shall sustain, modify or
reverse the findings made by the city and shall notify the applicant of its findings. The findings
of the city council shall be final.
(Ord. No. 96-2135, § 1(2.4), 9-23-96)
Sec. 78-70. Fee.
(a) The fee for a taxicab permit issued by the city shall be a yearly amount established by
the city and listed in appendix A of this Code for each taxicab licensed. Such fees shall be
collected by the city secretary prior to the issuance of the taxicab permit. Permits issued are
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. If an applicant for a taxicab permit seeks a permit in the middle of a calendar year,
such permit, when and if issued, shall be effective from the date of issuance until December 31
of the calendar year in which the permit is issued. The fee for said taxicab permit issued during
a calendar year shall be prorated.
(b) Failure of an owner to pay the permit fee shall render the permit canceled immediately,
without further notice to the permit holder. Payment of any of the fees required under the
terms of this article shall not bar a prosecution for violations of the terms of this article.
(Ord. No. 96-2135, § 1(2.5), 9-23-96)
CD78:10
VEHICLES FOR HIRE § 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 well as annual permits.
(Ord. No. 96-2135, § 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, § 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 of this 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, § 1(2.8), 9-23-96)
Secs. 78-74-78-95. Reserved.
DIVISION 3. DRIVER'S LICENSE
Sec. 78-96. Required.
It shall be unlawful for any person to drive a taxicab within the corporate limits of the city
without first obtaining a license therefor from the city secretary.
(Ord. No. 96-2135, § 1(3.1), 9-23-96)
CD78:11
§ 78-97 LA PORTE CODE
Sec. 78-97. Qualifications and conduct of drivers.
(a) No license shall be issued under the provisions of this division to any applicant unless
he is trustworthy, sober, competent to operate a taxicab, of good moral character and unless his
physical and mental faculties enable him to fully perform all of the duties incident to driving
a public vehicle with maximum safety. No license shall be issued to any person who has been
convicted of an offense against the criminal laws of the United States or against the criminal
laws of the United States which involves moral turpitude or driving while intoxicated for the
last ten years, and the license of any person authorized to drive a taxicab shall be subject to
cancellation at any time after the conviction. No person shall drive any taxicab within the
corporate limits of the city unless he shall be free from communicable disease.
(b) It shall be the duty of each taxicab driver to be hygienically clean, well-groomed, neat
and suitably dressed in compliance with all applicable requirements of this section at all times
while a taxicab is in his custody.
(c) Male drivers shall be clean shaven and hair shall be neatly trimmed. If a beard or
mustache is worn, it shall be well-groomed and neatly trimmed at all times in order not to
present a ragged appearance.
(d) The term "suitably dressed" shall be interpreted to mean the driver, if male, shall wear
trousers, a shirt with a collar, with or without a tie, shoes, and if desired, appropriate outer
garments.
(e) The term "suitably dressed" shall be interpreted to mean the driver, if female, shall wear
skirts, trousers, slacks, a shirt with collars or a blouse, shoes, and if desired, appropriate outer
garments.
(f) Clothing that is not considered appropriate and is not permitted when the driver, male
or female, is in charge of a licensed taxicab includes: T-shirts, underwear, tank tops, body
shirts, swim wear, jogging suits, or similar types of attire when worn as an outer garment,
shorts or trunks (jogging or bathing) or sandals.
(Ord. No. 96-2135, § 1(3.2), 9-23-96)
Sec. 78-98. Application; contents.
(a) Any person desiring to secure a license required under the provisions of this division
shall file with the city secretary a written application stating:
(1) The name, age, place of residence and occupation of the applicant;
(2) Social security number of each applicant;
(3) The ownership of each vehicle for which a license to drive is desired, with a brief
identifying description of the vehicle;
(4) The number of the applicant's state driver's license;
(5) The name and address of the owner of the taxicab he will drive;
CD78:12
VEHICLES FOR HIRE § 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) Acopy 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, § 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, § 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, § 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, § 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, § 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
§ 78-104 LA PORTE CODE
Sec. 78-104. Revocation.
The license authorized under the provisions of this 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 within, 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.
(Ord. No. 96-2135, § 1(3.9), 9-23-96)
Secs. 78-105-78-125. Reserved.
DIVISION 4. LIABILITY INSURANCE
Sec. 78-126. Required.
No taxicab shall be permitted to operate at any time upon the streets of the city unless that
taxicab is covered by insurance in accordance with the provisions of this article. Any taxicab
without insurance is hereby declared to be unlicensed for operation by the city.
(Ord. No. 96-2135, § 1(div, 4), 9-23-96)
Sec. 78-127. Filing; naming of city as additional named insured.
Before any permit shall be issued under division 2 of this article to any owner of a taxicab,
or before any renewal of a permit shall be granted, the owner shall file with the city secretary,
and thereafter keep in full force and effect, a policy of public liability insurance approved by
the city manager or his designated representative, and executed by an insurance company
duly authorized to do business in the state, and performable in this county, insuring the public
against any loss or damage that may result to any person or property from the operation of the
taxicab covered or to be covered by the permit. Such insurance policies shall name the city as
an additional named insured, and such policies shall provide for prior notice of cancellation to
the city as provided in this division.
(Ord, No. 96-2135, § 1(4.1), 9-23-96)
Sec. 78-128. Minimum amount of coverage.
(a) The maximum amount of recovery in a policy of insurance required by this article shall
not be less than the following sums:
(1) For the injury or death of any one person in any one accident, $20,000.00.
(2) For total liability in any one accident or personal injuries or death, $40,000.00.
(3) For injury or destruction of property in any one accident, $15,000.00.
(b) The minimum amount of insurance liability shall never be less than the amount
established by the statutes of the state under the state Safety Responsibility Act or
amendments thereto.
(Ord. No. 96-2135, § 1(4.2), 9-23-96)
CD78:14
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, § 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 of this 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 of insurance 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, § 1(4.6), 9-23-96)
Secs. 78-133-78-155. Reserved.
CD78:15
§ 78-156 LA PORTE CODE
DIVISION 5. REGULATION OF FEES AND CHARGES
Sec. 78-156. Daily manifest.
Every driver of a taxicab shall maintain a daily manifest upon which is recorded all trips
made each day, showing the time and place of origin and destination of each trip, number of
passengers, the amount of fare, and total number of hours driven. All such completed
manifests shall be returned to the owner of the taxicab by whom the driver is employed at the
conclusion of the driver's tour of duty of the day. It shall be the duty of the owner to furnish the
forms for such manifest record and to see that such manifest is kept daily by each driver.
(Ord. No. 96-2135, § 1(5.1), 9-23-96)
Sec. 78-157. Taximeters.
All taxicabs operating upon the streets in the city shall be installed and equipped with
taximeters, which taximeters shall be in good working order and subject to inspection at any
and all reasonable times by the city. It shall be the responsibility of the owner of the taxicab
to provide to the city a certificate containing the information required in section 78-68.
(Ord. No. 96-2135, § 1(5.2), 9-23-96)
Sec. 78-158. Passengers must pay for use of cabs.
It shall be unlawful for any passenger to refuse to pay the legal fare due from him for the
use of any taxicab after having hired the taxicab. Any person who hires any taxicab with the
intent to defraud the person from whom it is hired, and after using the taxicab, fails or refuses
to pay the taxicab fare due him shall be guilty of a misdemeanor.
(Ord. No. 96-2135, § 1(5.3), 9-23-96)
Sec. 78-159. Terminals and subterminals.
(a) Every operator of a taxicab shall maintain within the city limits terminals of sufficient
size to accommodate all of the owner's taxicabs. Every operator shall maintain 24-hour per day
public telephone service at not less than one of such terminals. Subterminals at hotels, depots
and other places shall be preapproved by the city.
(b) The drivers of taxicabs using subterminals shall remain seated in their vehicles at all
times while such vehicle is at a subterminal. However, such drivers may leave their vehicles
when actually necessary to assist passengers to enter or leave such vehicles, or in any case of
accident, necessity or emergency beyond the control of the driver.
(c) The form and type of a terminal shall be of such a nature that affords a safe, sanitary
and lawful operation of transportation by the taxicabs at the terminal shall be in compliance
with all codes and ordinances of the city. The site, location and type of proposed buildings and
the sanitary conditions of the terminal shall be reflected in the application.
(Ord. No. 96-2135, § 1(5.4), 9-23-96)
Cross reference —Zoning, ch. 106.
CD78:16
VEHICLES FOR HIRE § 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 appendix A of this 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 be at 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 30-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.
(Ord. No. 96-2135, § 1(5.7), 9-23-96)
CD78:17
§ 78-163 LA PORTE CODE
Secs. 78-163-78-195. Reserved.
ARTICLE III. AUTOMOBILE WRECKERS AND TOWING VEHICLES*
DIVISION 1. GENERALLY
Sec. 78-196. 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:
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 without having been expressly summoned there
by the police department or the owner of one of the vehicles involved in the accident.
Owner means any person engaged in the business of towing motor vehicles for hire or
engaged in the business of storing, wrecking or repairing motor vehicles for hire and who owns
or is entitled to use any auto wrecker or towing vehicle, and who uses such vehicle in the
conduct of his business or any part thereof.
Towing vehicle means any automobile, truck or other motor vehicle used for the purpose of
towing, carrying, pushing or otherwise transporting any motor vehicle which has collided with
another motor vehicle or other object, or which has been wrecked or disabled in any manner,
from one place to another for any purpose including, but not limited to, the purpose of
wrecking, storing or repairing the vehicle, and does not appear at the scene of an accident
where a vehicle has been disabled upon a public street or public place for the purpose or
expectation of towing one of the vehicles from the scene. The term "towing vehicle" shall not
be construed to include a service car or other vehicle not equipped with mechanical devices for
transporting wrecked vehicles and not used for such purposes, such as service cars, equipped
with compressed air containers and tools for repairing punctured tires or otherwise equipped
with tools for performing minor repairs not involving towage or transportation of wrecked or
disabled vehicles.
Wrecker driver means any individual who actually operates and drives a towing vehicle or
an auto wrecker on the streets of the city, either on his own account or in the employ of another.
(Code 1970, § 6-1; Ord. No. 1746, § 1(6-1-B), 2-25-91; Ord. No. 96-2136, § 1(6-1-B), 9-23-96)
Cross reference —Definitions generally, § 1-2.
Sec. 78-197. Effect of state law and regulations.
The provisions of this article are subject to the provisions of V.T.C.A., Transportation Code
§§ 502.281, 502.051 and 502.102 and the Texas Vehicle Storage Facility Act, Vernon's Ann. Civ.
*State law reference —Texas tow truck act, Vernon's Ann. Civ. St. art. 6687-96.
CD78:18
VEHICLES FOR HIRE § 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.
Secs. 78-198-7&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(6-1-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 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 any one 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, § 1(6-16), 2-25-91; Ord. No. 96-2136, § 1(6-16), 9-23-96)
CD78:19
§ 78-223 LA PORTE CODE
Sec. 78-223. Revocation or suspension of auto wrecker or towing vehicle permits.
(a) Upon a complaint being filed by any person with the city secretary of a violation of any
of the terms or provisions of this article or the violation of any of the laws of the state, federal
government or city, or upon motion of any member of the committee, the committee may, after
ten days' written notice to the permit holder stating the grounds of such complaint, conduct a
hearing to hear evidence with reference to such complaint or motion. Should such hearing
reveal a violation of any of the terms of this article or the laws of this state or federal
government or other ordinances of the city, the committee may suspend, cancel or revoke the
permit or permits of such permit holder, as the offense may direct.
(b) After the committee has held its hearing and investigation upon the complaint or
motion for the suspension, cancellation or revocation of a permit of any owner of a towing
vehicle or an auto wrecker shall have the right to appeal to the city council within ten days
from the receipt of the written decision of the committee only in the event of a revocation of the
permit of the owner by the committee. Such appeal shall be in the form of a letter addressed
and delivered to the city secretary, stating that an appeal is desired from the revocation of the
committee. The city secretary shall notify the city council of such appeal, and the council, as
soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal
will be heard. If the city council grants such an appeal, it shall either sustain or reverse the
revocation of the committee. If no appeal is taken from the committee's action within ten days,
as set out in this subsection, the decision of the committee shall be final.
(Code 1970, § 6-13; Ord. No. 1746, § 1(6-13), 2-25-91; Ord. No. 96-2136, § 1(6-13), 9-23-96)
Sec. 78-224. Appeal from the findings of the committee.
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 of the 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.
(Code 1970, § 6-10; Ord. No. 1746, § 1(6-10), 2-25-91; Ord. No. 96-2136, § 1(6-10), 9-23-96)
Secs. 78-225-78-245. Reserved.
CD78:20
VEHICLES FOR HIRE § 78-247
DIVISION 3. PERMITS
Subdivision L 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 of 26,000 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, § 1(6-3), 2-25-91; Ord. No. 96-2136, § 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
§ 78-247 LA PORTE CODE
approved. A denial of the right to transfer a permit may be appealed to the city wrecker
committee, 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.
(Code 1970, § 6-15; Ord. No. 1746, § 1(6-15), 2-25-91; Ord. No. 96-2136, § 1(6-15(a)), 9-23-96)
Sec. 78-248. Operation of unlicensed vehicle.
In any prosecution for not obtaining a permit as required in sections 78-271 and 78-296,
proof that an owner's wrecking vehicle was present at the scene of a collision or accident in
which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner
was operating or causing to be operated his wrecking vehicle as an unlicensed towing vehicle
or auto wrecker as the case may be.
(Ord. No. 1746, § 1(6-2), 2-25-91; Ord. No. 96-2136, § 1(6-2(c)), 9-23-96)
Secs. 78-249-78-270. Reserved.
Subdivision H. Towing Vehicle Permit
Sec. 78-271. Required.
It shall be unlawful for any person to drive or operate, or cause to be driven or operated, any
towing vehicle upon any public street in the city for the purpose of towing or hauling wrecked
or disabled vehicles, either for hire, or as an incident to obtaining the business of storing,
wrecking or repairing such wrecked or disabled vehicles, without having first obtained a
towing vehicle permit, from the city, duly issued to such person to operate the vehicle on the
streets of the city under the terms and provisions of this article.
(Code 1970, § 6-2(a); Ord. No. 1746, § 1(6-2(a)), 2-25-91; Ord. No. 96-2136, § 1(6-2(a)), 9-23-96)
Sec. 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 of the
contract shall also be attached.
CD78:22
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 the 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
permits.
(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
§ 78-274 LA PORTE CODE
(d) Whenever an owner wishes to discontinue the use of a towing vehicle during the period
covered by his permit and replace it with another, he shall file an affidavit stating that he has
discontinued using the towing vehicle covered by his permit, and desires to use another towing
vehicle in its place. He shall also attach a certificate from his insurer that such insurer has
been notified and has agreed to make the appropriate transfer of coverage. 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 replacement towing vehicle
as provided in section 78-273, and cause the old towing vehicle permit to be canceled and
voided. In the affidavit, as well as the certificate from the insurer, the old and new towing
vehicle shall be described by make, model, motor number and license number.
(Code 1970, § 6-6; Ord. No. 1746, § 1(6-6), 2-25-91; Ord. No. 96-2136, § 1(6-6), 9-23-96)
Secs. 78-275-78-295. Reserved.
Subdivision III. Auto Wrecker Permit
Sec. 78-296. Required.
It shall be unlawful for any person to drive or operate, or cause to be driven or operated, any
auto wrecker upon any public street in the city for the purpose of towing or hauling wrecked
or disabled vehicles, either for hire or as an incident to obtaining the business of storing,
wrecking or repairing such wrecked or disabled vehicles, without having first obtained an auto
wrecker permit, from the city, duly issued to such person to operate an emergency auto
wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required
to obtain a towing vehicle permit in addition thereto.
(Code 1970, § 6-2(b); Ord. No. 1746, § 1(6-2(b)), 2-25-91; Ord. No. 96-2136, § 1(6-2(b)), 9-23-96)
Sec. 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
CD78:24
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
§ 78-297 LA PORTE CODE
g. Whether the vehicle shall be operated by the owner, or by his employee with a
bona fide employer/employee relationship;
h. Whether the applicant proposes to own, rent or lease the vehicle to be used;
i. The number of auto wreckers for the applicant then in existence and licensed;
j. 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
k. Any and all other facts the committee may deem relevant.
(Code 1970, § 6-7; Ord. No. 1746, § 1(6-7), 2-25-91; Ord. No. 96-2136, § 1(6-7), 9-23-96)
Sec. 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 vehicles are
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.
(Code 1970, § 6-8; Ord. No. 1746, § 1(6-8), 2-25-91; Ord. No. 96-2136, § 1(6-8), 9-23-96)
Sec. 78-299. Denial.
If the wrecker committee finds from its hearings and investigation that the applicant has
not met the criteria in section 78-297(5), it shall instruct the city secretary to so notify the
applicant in writing within ten days from the last date of the hearing. An applicant who has
been denied a permit by the committee, and whose appeal to the city council is denied, or the
decision has not been appealed to the city council, shall not be permitted to make another
application for six months from the date of his filing of the application for the auto wrecker
permit.
(Code 1970, § 6-9; Ord. No. 1746, § 1(6-9), 2-25-91; Ord. No. 96-2136, § 1(6-9), 9-23-96)
Sec. 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 licensed 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.
(Code 1970, § 6-11; Ord. No. 1746, § 1(6-11), 2-25-91; Ord. No. 96-2136, § 1(6-11), 9-23-96)
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
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 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.
(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)
Secs. 78-303-78-325. Reserved.
DIVISION 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
§ 78-326 LA PORTE CODE
(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 wrecker company the owner desires to remove
that vehicle. When the owner has designated the wrecker 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 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 shalt call the first
wrecker company on the list to tow the disabled vehicle or move the vehicle from the public
streets of the city. 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 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 a wrecker 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
wrecker 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 wrecker service company on the list,
and that company shall have priority over that particular call. If the wrecker 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 wrecker 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.
(Ord. No. 1746, § 1(6-19), 2-25-91; Ord. No. 96-2136, § 1(6-18), 9-23-96)
CD78:28
VEHICLES FOR HIRE § 78-328
Sec. 78-327. Procedure by auto wrecker operators at scene of disabled vehicle.
(a) Whenever an auto wrecker arrives 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 arriving 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 arrival of the police officers of the city and the completion of their
investigation.
M 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
§ 78-328 LA PORTE CODE
(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 four -inch lettering,
identifying the owner of the emergency auto wrecker, with such owner's phone number,
address and the name of his 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.
(f) Clearing streets of debris and glass. It shall be the duty of the driver of each emergency
auto wrecker and auto wrecker that picks up a wrecked or disabled vehicle for the purpose of
towing the vehicle away to clear the street of any and all debris, parts or glass. if two or more
wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of
debris, parts or glass.
(Code 1970, § 6-20; Ord. No. 1746, § 1(6-20), 2-25-91; Ord. No. 96-2136, § 1(6-19), 9-23-96)
Cross reference —Removal of injurious material from streets, § 58-4.
Sec. 78-329. Permissible fees and charges.
(a) Standard charge for normal tow. The standard charge for a normal tow from the scene
of the accident in the city limits to the place of business of the wrecker operator, or other
location instructed by the owner, will not exceed an amount established by the city and listed
in appendix A of this Code. A normal tow means picking up the vehicle or moving and towing
the vehicle from the street to a location.
CD78:30
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 appendix A
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 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.
(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
§ 78-330 LA PORTE CODE
Sec. 78-330. Prohibited acts.
(a) The selling or other granting of the right to tow any disabled vehicle is prohibited. The
person signing for the disabled vehicle shall be able to account for the vehicle at all times. A
violation of this section shall constitute the basis of cancellation of the license without further
notice.
(b) Once a wrecker has been attached to a vehicle for the purpose of towing it to a location,
the wrecker driver shall not disengage such vehicle and leave it parked prior to its arrival at
the designated location.
(Ord. No. 1746, § 1(6-22), 2-25-91; Ord. No. 96-2136, § 1(6-21), 9-23-96)
CD78:32
APPENDIX A —FEES
Section
Description Amount this Code
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 .... 27.50
2. Commercial and industrial: The volume of sew-
age treated will be based upon 85 percent of the
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 IL Taxicabs
Supp. No. 12 CDA:19
LA PORTE CODE
Section
Description Amount this Code
Division 2. Owner's Permit
(a) Owner's permit application fee ..........................
50.00
78-68(c)
(b) Annual permit fee ......................................
100.00
78-70(a)
Division 3. Driver's License
(a) Taxicab driver's license fee ..............................
10.00
78-99
Division 5. Regulation of Fees and Charges
(a) Taxicab rates and fares:
78-160
(1) Initial fare .........................................
1.50
(2) Each additional one -fifth mile .......................
0.30
(3) Waiting time (hourly) ...............................
14.00
Article III. Automobile Wreckers and Towing Vehicles
Division 3. Permits
Subdivision II. Towing Vehicle Permit
(a) Towing vehicle annual permit fee ........................
50.00
78-272(5)
(b) Towing vehicle permit transfer fee .......................
25.00
78-274(d)
Subdivision III. Auto Wrecker Permit
(a) Auto wrecker, permit application deposit fee ..............
150.00
78-297(3)
(b) Auto wrecker operation permit fee .......................
75.00
78-300
(c) Auto wrecker permit transfer fee ........................
25.00
78-302
Division 4. Regulations
(a) Charge for normal tow ..................................
65.00
78-329(a)
(b) Additional charges for labor not included in normal tow:
78-329(b)
(1) Ditch pull and/or rollover ...........................
20.00
(2) Disengaging and removing drive shaft ...............
15.00
(3) Change of tire ......................................
10.00
(c) Dollying of wrecked vehicle (inclusive of all over charges)..
105.00
78-329(c)
(d) Maximum charge for tow ................................
105.00
78-329(d)
(e) Vehicle storage charge (daily) ............................
15.00
78-329(e)
Supp. No. 12 CDA:20
Wrecker Service Survey
The City of Baytown
Towing Fee - $125.00
Storage fee - $15.00 per day
Transfer Fee - $65.00
Maximum Charge on all tows - $190.00
The City of Pasadena
Towing Fee - $110.00
City Transfer - $50.00
1 Permit per wrecker service
The City of Deer Park
Towing fee - $55.00
Tow from a ditch - $20.00 extra
Permit fee - $100.00
1 Permit per Wrecker Company
The City of Webster
Towing fee - $115.00
Transfer fee - $50.00
Storage fee - $20.00 per day
The City of Seabrook's secretary will be out until Monday.