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HomeMy WebLinkAbout11-06-06 Special Called Wrecker Committee Meeting CITY OF LA PORTE WRECKER COMMITTEE MINUTES OF NOVEMBER 6, 2006 Committee Members Present: Wayne Sabo, Planning Director (designated representative of the City Manager); Martha Gillett. City Secretary; and Aaron Corrales, Asst. Police Chief (designated representative of the Police Chief) Staff Members Present Clark Askins, Assistant City Attorney and Peggy Lee, Office Coordinator CALL TO ORDER Meeting called to order by Chairman Wayne Sabo at 2:31 p.m. 2. CONSIDER APPROV AL OF OCTOBER 3, 2006, MEETING MINUTES. Motion by Aaron Corrales to approve the Minutes of October 3, 2006. Second by Martha Gillett. The motion carried with the Minutes approved as presented. 3. CONDUCT PUBLIC HEARING ON POSSIBLE ACTION TO CANCEL, REVOKE, OR SUSPEND WRECKER PERMIT NUMBERS 481, 482, 483, AND 484 (ISSUED AS PERMIT NUMBERS 475, 476, 477 AND 478 IN 2005), ISSUED TO DEWALT'S TOWING, LLC. A. OPEN PUBLIC HEARING Chairman Wayne Sabo opened the public hearing at 2:32 p.m. B. STAFF COMMENTS Debbie Wilmore, Chief Building Official, stated there were several outstanding items noted at the October 3,2006, Wrecker Committee meeting regarding DeWalt's Towing. The noted items were 1) insufficient screening of the wrecker yard, and 2) open gates allowing visibility into the yard. Ms. Wilmore noted a City Staff member has visited the subject site on numerous occasions and reported that double screening has been completed and is in place. In addition, the gates were observed closed on September 6, September 20 and October 5. The gates were half open on October 23, October 31, November 2, and November 6, allowing visibility into the yard. Currently, there are no outstanding code enforcement issues at the site. C. PUBLIC COMMENTS Tim DeWalt, of DeWalt's Towing, addressed the Committee. Mr. DeWalt noted that during the last month, approximately 30 cars have been removed from the yard and the gates were left halfway open during the time the cars were being picked up. Mr. DeWalt is awaiting a quote to have electricity installed at the gate. The cost for the gate alone is approximately $6,000. Wrecker Committee Minutes of November 6, 2006 Page 2 of 3 D. CLOSE PUBLIC HEARING Chairman Sabo closed the public hearing at 2:39 p.m. 4. CONSIDER APPROVAL, DENIAL, OR OTHER ACTION REGARDING AN APPLICATION BY LA PORTE TOWfNG, INC. FOR AN EMERGENCY AUTO WRECKER PERMIT. Motion by Aaron Corrales to continue in effect, DeWalt's Towing, LLC wrecker permit numbers 481, 482, 483, and 484 (issued as permit numbers 475, 476, 477 and 478 in 2005), with the stipulation that the gate is to remain closed when there are no vehicles entering or existing the yard. Second by Martha Gillett. The motion carried with all in favor. At the Committee's request, Mr. DeWalt is to notify them if he receives the quote for the electrical gate and intends to proceed with installation. 5. REVIEW THE CODE OF ORDINANCES, CHAPTER 78 "VEHICLES FOR HIRE" AND APPENDIX A, "FEES." The Committee reviewed and discussed c~rrent and proposed ordinance requirements. 6. CONSIDER FORWARDING A RECOMMENDATION TO CITY COUNCIL TO AMEND THE CODE OF ORDINANCES, CHAPTER 78, "VEHICLES FOR HIRE" AND APPENDIX A, "FEES." Motion by Aaron Corrales to forward a recommendation to City Council to amend the Code of Ordinances, Chapter 78, "Vehicles for Hire" and Appendix A, "Fees", as follows: . That the number of E- Tags for auto wreckers be regulated by the promotion of Public Safety (conforms to Federal Law where the "need and necessity" language was struck down). Clarification for applicants' right of appeal to City Council (eliminates conflict between Sections 78-223 and 78-224). Clarifies the right of an applicant whose permit is being considered for revocation or suspension to have a 10-day written notice and a public hearing (eliminates conflict between Sections 78-223 and 78-272). Clarifies charges for applications. Eliminates the perceived conflict in the ordinance, Section 78-297, by ensuring that only one vehicle is permitted by an E- Tag (previously it appeared that multiple vehicles were allowed on one E- Tag). Adds the process in Section 78-297 that an applicant must have his proposed wrecker yard inspected by the Inspections Division to ensure compliance with zoning district regulations prior to the public hearing (previously the only requirement to complete the process was that the yard was within City limits). Changes the word "licensed" to "permitted" in Sections 78-300 and 78-301 regarding the permit process to avoid confusion with terms used by State regulations. . . . . . . Wrecker Committee Minutes of November 6, 2006 Page 3 of3 · ClarifYing charges for non-consent tows. The rate for a normal tow would be increased from $65 to $80 (exclusive of additional charges for special conditions such as a rollover), with the maximum charge for a tow, inclusive of all situations, increased from $105 to $120. Second by Martha Gillett. The motion carried with all in favor. 7. ADMINISTRATIVE REPORTS The Committee discussed whether there were any other applications pending and it was determined there were none. 8. ADJOURN Motion by Martha Gillett to adjourn. Second by Aaron Corrales. The motion carried with all Committee Members in favor. The meeting adjourned at 2:56 p.m. Prepared by Peggy Lee, Office Coordinator Emergency Auto Wrecker Permit Application RBEX, Inc. DBA Apple Towing Co. . ~t )lbb (l, W' fl.rYl~Vt- 2 \ t L-fl [- $~i. RECEIVED ! jUt 3 0 2008: err'..' SECRETARY'S OFFICE ( l-(' CITY OF LA PORTE APPLICATION (Fee Changes per Ordinance #05-2837; Elf. 10-01-05) , )" . (HeAv'y b "t T Y oNLY NEW* Emergency Auto Wrecker Annual PermIt Permit Application Fee paid at City Secretary's Office - New Auto Wrecker Permits Request: $150.00 (NOTE: *WRECKER COMMITTEE APPROVAL REQUlRED BEFORE ISSUANCE) City Secretary Office (CSO) advises Inspection Services Division (ISD) when a request is submitted/paid for. CSO provides ISD with proposed yard location (must be within our city limits). ISD performs inspection to see if yard complies with zoning/screening requirements and advises CSO of findings (in writing). CSO advises Committee Members. ( ) RENEWAL - Emergency Auto Wrecker Annual Permit () Towing Vehicle Annual Permit (Non-Emergency) Annual Fee*: $75.00 Per Vehicle Ownership Transfer Fee**: $25.00 Per Vehicle * ** Note: Permit fee can be Pro-Rated by the Month; $6.25 per month) A permit issued is personal to the owner and is NOT transferable between owners - without the express approval of the Wrecker Committee. ALL PERMITS EXPIRE ON DECEMBER 31ST OF EACH YEAR Company Name to be Shown on Penmt: . qq Ie.. io IV "~ Cel . (If other ~pplicant Name shown low) Individual ( ) Partnership ( ) Corporation ( ;r Individual, Partnership Or Corporation Name: If(5EX :j:IYC (DJ3A) QI'(Jk 7OIt/l'?SCo, /. 2030 //O/;Yl-es ND 1-/0(/ /;-f' "7 7 c> ~I S '"1'332.3 -6200 FAX 7/3.3g5'OOO/ Physical Address: Mailing Address: Telephone: List Name/Address: (a) Of all Partners OR (b) Corporation President and Secretary. 1) m/C4Cie/ tv Sc.vlf' >?~2 S' CilrISrOPI/EpL# 6ecu)/YJonT"f,r7Y70!. ~~ . Ad4re s .' CwtStaty/?:ip / 2) fOe-lei ~, -rd4n!-!oJ1 2..030 /-/otl1fe.J'KD 1-/t:7C/~"fc17A'" 1~o '1$ Name Address City/State/Zip 3) Name Address City/State/Zip Wrecker Permit Application Page 2 of3 List Vehicle Needin2 a Permit: Year Make/Model Motor/LD. # License # If Vehicle is not owned bv the Applicant, list vehicle owner's name and address: 1) Name Address City/State/Zip 2) Name Address City/State/Zip 3) Name Address City/State/Zip NOTE: 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 be attached to this application. I hereby agree to obey the provisions of the City's rules and regulations, ordinances and statutes applicable to motor vehicles and understand that upon my failure to so obey such laws that my permit may be revoked or suspended without notice. I understand that all changes of officers or partners shall be reported to the City Secretary within ten (10) 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 Article IIL Section 78-297, shall be cause for the suspension of all permits held by such corporation or partnership. I hereby certify that all the statements contained in this application are true and correct to the best of my knowledge. :/aa~ : , Corporation Pfesident (<ittested by Corporation S etary*** ***If Corporation, affix corporate seal to this application SWORN AND SUBSCRIBED to befor~ undersigned authority, by the above named person, this the .3t>s(Ldayof , ~? . :. r ~:VVI'"," : I~~~';~" .f'~<<\ JUDY ROYAL ;!~ i. ; ! Notary Public. State of .,. .. ':o?:. .""~ . lexas ; <,.:,';;\\~~$ My CommIssion Expires ...;'"11"'" November 20,2010 Wrecker Permit Application Page3 of 3 FOR CITY USE ONLY ALL OF THE FOLLOWING IS REQUIRED BEFORE ANY WRECKER PERMIT IS ISSUED: NEW License only - CSO notifies applicant (in writing) of the Wrecker Committee Findings and any conditions NEW License only - CSO provides ISD and Planning Department Director with a copy of the applicant's notification letter NEW License only - Upon approval, CSO publishes in the newspaper (1 time) NEW License only - ISD reviews Wrecker Committee Authorization letter and any conditions to confinn if any special inspection and/or steps are needed Certificate of Insurance with City shown as Certificate Holder & Wrecker identified Combined Single Limit (CSL) Liability as follows: $300,000.00 - If Gross Vehicle Weight is 26,000 lbs. Or less $500,000.00 - If Gross Vehicle Weight is over 26,000 lbs. Tax Dept. confinnation that the Applicant has no outstanding Taxes Accounting confinnation that the Applicant has no outstanding indebtedness Receive LP Police Department Wrecker Inspection Memo (Applies to Emergency Auto Wrecker Permit Only) Permit No. Assigned: Date Issued: Fee Collected: Receipt Number: Clerk Initials: City Secretary Provided with Copy ofPermit/License: Date Clerk Initials Police Dept. Provided with Copy ofPermit/License: Date Clerk Initials Revision: 07/24/2007 S:\City Planning Share\04-INSPECTIONS DIVlSION\Inspections\Wrecker Permit Application.doc -. Apple Towing Co. r~- ,..fiiW .,,' , '[1Il f:'\ ~ ~ ~f ~ Additional Equipment List and Services Hydraulic Landoll Trailers 60 Ton Detach Heavy Haul Trailer 53' Drop Deck 53' Dry Van 2 Tractors 15 Medium Duty Flatbeds 2 Wheel Lifts 2 1 Ton Dodge Flatbeds All Terrain Forklifts Generators Air Cushions, etc. Cranes We specialize in all types of Emergency Evacuations and Disaster Relief for the Gulf Coast areas. We manage the seized assets for the State of Texas and Municipalities including the US Marshal Service. Should you have any further questions, please do not hesitate to call Mr. Todd Johnston at 832-347-2627. 2030 Holmes Road Houston, Texas 77045 Phone 713 383 6200 Fax 713 383 0001 www.appletowing.com " Apple TOWing Co. r~- ,I6,FiW ~,r, [!It t'~~ ~I ~ Heavy Duty Trucks Heavy # 8073 2007 KW T -800 White & Green Vin # LP T21-13F TX Body 50 Ton Century Heavy # 8075 2007 KW T-800 White & Green Vin # LP T13-62 TX Body 50 Ton Century Heavy # 8078 2007 KW T -800 White & Green Vin # LP T39-25F TX Body 50 Ton Century Heavy # 8079 2007 KW T -800 White & Green Vin # LP T13-61F TX Body 35 Ton Century Heavy # 4604 1996 KW T-800 White & Green Vin # LP 2CG-053 TX Body 25 Ton NRC (Tow Tag 48688) Heavy # 3215 2001 Pete 330 Vin # Body 25 Ton Vulcan White & Green LP T13-55F TX ..- -- ~-=--- -' 2030 Holmes Road Houston, Texas 77045 Phone 713 383 6200 Fax 713 383 0001 www.appletowing.com 01/04/2008 17:19 FAX 9038725020 BANKS INSURANCE I4J 000210003 ACORD. OP 10 TA I DAn (MMlDP/YYYY) APPLE-1 01/04/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANCE PRODUCER Hanks Insurance Group, Inc. P.O. Drawer 590 Corsicana TX 75151 Phone:g03-B72-6661 Fax:903-B72-S020 INSURED RBEX Inc. dba Apple Towing Co. 2030 lrolmes Houston TX 77045-0000 INSURERS AFFORDING COVERAGE INSURER A: SUA Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGAT.E liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY NUMBER I PD~1;!n;M;OD,y!()E C?~!!ir(~~PIRA :ION I LIMITS LTRINSR TYPE OF INSURANCE DATE MMlDD1YYI AI GENERAL LIABILITY I I EACH OCCUR RENCE $ 1,000,000 ~""'~ '"'''' C""'~ 10AEOTTI005BIPG03 11/01/07 11/01/0B PREMISES (E;~~~nC&) $ 100,000 I ! CLAIMS MADE [KJ uCCVR , MED EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ included Xl PDLlCyh- ~"8T n LOC AUTOMOBILE LIABILITY I I COMBINED SINGLE LIMIT $1,000,000 - ANY ALITO I (Ea accident) r-- i ..- ALL OWNED AUTOS SODIL Y INJURY r-- $ A X SCHEDULED AUTOS 10AEOTT100580CA03 11/01/07 11/01/08 (Per person) r-- r.!. HIRED AUTOS BODILY IN JURY $ X NON.OWNED ALITOS (Per aCClaent) I-- 10AEOTT100580CA03 11/01/07 11/01/0B A X Garagekeepers PROPERTY DAMAGE r-- (Per eCCldent) $ GARAGE LIASILlTY AUTO ONLY - EA ACCIDENT $ =l ANY AUTO OTHER THAN EAACC 1$ ALITO ONLY: AGG $ I EACH OCCURRENCE EXCESSJUMBRELLA LIABILITY $ tJ OCCUR o CLAIMS MADE AGGREGATE $ $ I R DEDUCTIBLE I $ I . RETENTION $ I I $ WORKERS COMPENSATION AND i ITO"~YO>LIMlTS I IOJ~- I EMPLOYERS' LIABILITY E.L EACH ACCIDENT ANY PROPRIETORIPARTNER/EXECUTIVE $ OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ ff yes, aesert.e under I E.L. D!SE.-'\SE . POLICY LIMIT S SPF.CIAL PROVIS IONS colaw OTIiER I A ON-HOOK 10AEOTT1005BOCA03 11/01/071 11/01/08 PER AUTO 100,000 A RENT/LEASED EQUIPM 10AEOTT100580CA03 11/01/07 11/01/08 VARIE S DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES I EXCLUSlONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS AUTO LIABILITY/ON-HOOK APPLIES TO SCHEDULED AUTOS. GARAGEKEEPERS APPLIES TO THE FOLLOWING LOCATION: 2030 HOLMES, HOUSTON, TX 77045 GARAGEKEEPERS LIMIT $500,000 CERTIFICATE HOLDER CiiLJ () La- lJefv DEEPSOU (p 0 1- to. .'/ail' /)2 Ntf Hur fUJd-tj UPcrfe./ 7f 11'57/ CANCELLA nON SHOULD ANY OF THE ABOVE DESC~IBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN folOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL lMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REP AUTH @ACORD CORPORATION 1988 ACORD 25 (2001108) Review of Towing Rates Requested by Bobby Slocum and Tim DeWalt Page 1 of 1 Lee, Peggy From: Gillett, Martha Sent: Monday, June 16, 2008 9:02 AM To: Tietjens, Tim Cc: Lee, Peggy; Bottoms, Ron Subject: FW: Wrecker Meeting Tim, In the past the Planning Director has served as the Chairman of this committee. I am assuming Ron will want you to continue as Wayne did. Peggy serves as the secretary. Committee members include myself and a representative from the Police Department. Aaron Corrales has served in the past. See request below from citizens. Let me know if you have any questions. Thanks From: Janet Slocum [mailto:bjs21@comcast.net] Sent: Wednesday, June 11, 2008 6: 10 PM To: Gillett, Martha Cc: CSO - Staff SUbject: Wrecker Meeting Hello this is Bobby Slocum with LaPorteTowing myself and Mr. Dewalt are wanting to set a meeting with wrecker committee about raising our rates to be comparable with surrounding cities. 8/22/2008 Code of Ordinances - Chapter 78 "Vehicles for Hire" Chapter 78 VEmCLES FOR IDRE* Article I. In General Secs. 78-1-78-30. Reserved. Article TI. Taxicabs Division 1. Generally Sec. 78-31. Definitions. Sec. 78-32. Penalty for violation of article. Sec. 78-33. Enforcement of article; duty of police. Sec. 78-34. Prosecution for violation of article provisions. Sec. 78-35. Liability of city. Sec. 78-36. Owner to employ only licensed drivers. Sec. 78-37. Inspection; authority of city; minimum vehicle standards. Sec. 78-38. Taxicab driver's license to be posted in cab. Sec. 78-39. Identification of vehicles. Sec. 78-40. Property left in vehicle; disposition. Sec. 78-41. City officers and employees not to accept favors from owners or drivers. Sec. 78-42. Maximum seating. Sec. 78-43. Receipt and discharge of passengers. Sec. 78-44. Parking. Sec. 78-45. Consumption of alcoholic beverages in vehicle. Sec. 78-46. Cruising. 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. Sec. 78-97. Sec. 78-98. Required. Qualifications and conduct of drivers. Application; contents. *Cross references-Businesses, ch. 22; traffic and vehicles, ch. 70; sign regulations, S 106-871 et seq. Supp. No. 15 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. Sees. 78-105-78-125. Reserved. Division 4. Liability Insurance Required. Filing; naming of city as additional named insured. Minimum amount of coverage. Persons protected. Provision for continuing liability. Cancellation. City not liable for solvency of insurer; owner's liability not affected; suits on policy. Sees. 78-133-78-155. Reserved. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 78-126. 78-127. 78-128. 78-129. 78-130. 78-131. 78-132. 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. Sees. 78-163-78-195. Reserved. Article ID. Automobile Wreckers and Towing Vehicles Division 1. Generally Sec. 78-196. Definitions. - Sec. 78-197. Effect of state law and regulations. Sees. 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. Right of appeal from the rulings or findings of the committee. Sees. 78-225-78-245. Reserved. Division 3. Permits Subdivision 1. In General Sec. 78-246. Insurance; required coverages. Supp. No. 15 CD78:2 VEHICLES FOR HIRE 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. Sec. 78-326. Sec. 78-327. Sec. 78-328. Sec. 78-329. Sec. 78-330. Division 4. Regulations Wrecker rotation list. Procedure by auto wrecker operators at scene of disabled vehicle. Specifications and required equipment. Permissible fees and charges for non...:consent towing. Prohibited acts. Supp. No. 15 CD78:3 VEHICLES FOR HIRE ~ 78-33 ARTICLE I. IN GENERAL Secs. 78-1-78-30. Reserved. ARTICLE ll. 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, ~ l(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 referenc~Authority of city to license and regulate persons owning, operating or controlling vehicles used for carrying passengers for hire, V.T.C.A, Local Government Code ~ 215.004. CD78:5 ~ 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. COrd. 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 S 78-41 (5) Each vehicle shall be equipped with a taximeter and shall have a certificate of calibration showing that such taximeter was calibrated within 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. COrd. No. 96-2135, S 1(1.5), 9-23-96) Sec. 78-38. Taxicab driver's license to be posted in cab. No taxicab shall be driven or operated over, upon or along any street, avenue, alley or road in the city, for the carriage of passengers, unless there is displayed in a conspicuous place in the interior of the taxicab an original or duplicate facsimile of the taxicab driver's license, issued by the city pursuant to the provisions of this article. (Ord. No. 96-2135, S 1(1.6), 9-23-96) Sec. 78-39. Identification of vehicles. Every holder of a permit granted under the terms of this article shall have and keep visibly displayed a sticker attached to the rear window with the words, "City of La Porte Taxicab Permit No. ," conspicuously displayed. (Ord. No. 96-2135, S 1(1.7),9-23-96) Sec. 78-40. Property left in vehicle; disposition. All drivers of taxicabs shall promptly deliver to the police department of the city or to their employers all property left in the vehicles by passengers. If a driver delivers the articles to his employer, the latter shall deliver them to the police department. When articles left in taxicabs have been delivered to the office of the chief of police, he shall make an entry of the fact in a book provided for that purpose and shall keep all the articles until claimed by the owner, or until disposed of in accordance with state law. (Ord. No. 96-2135, S 1(1.8), 9-23-96) Sec. 78-41. City officers and employees not to accept favors from owners or drivers. It shall be unlawful for any officer or employee of the city to accept directly or indirectly any gifts, discounts or gratuities from any holder of a taxicab franchise or any taxicab driver or from any person engaged in the repair of taxicabs. COrd. No. 96-2135, S 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, S 1(1.14),9-23-96) Sees. 78-47-78-65. Reserved. DIVlSION 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, S 1(2.1), 9-23-96) CD78:8 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; imgerprints. (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 appendixAofthis 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 ofapplicant. Upon receipt ofa 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 S 78-96 Sec. 78-71. Temporary vehicle permits. Whenever a taxicab shall become inoperative, the owner may apply to the city secretary or his duly designated representative for a temporary permit to operate another vehicle during the time that the authorized taxicab shall remain inoperative. The city secretary or his duly designated representative, upon the presentation of the application and a certificate evidenc- ing an inspection of the vehicle, as well as the vehicle's compliance with all applicable provisions of this article, shall issue a temporary permit for any period not to exceed 30 days. All other provisions of this article relate to the operation of taxis operating under temporary permits, as wl111 as annual permits. (Ord. No. 96-2135, S 1(2.6), 9-23-96) Sec. 78-72. Assignment. No permit issued under the provisions of this article shall be sold, assigned, transferred, pledged or let without tIie 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. COrd. No. 96-2135, S 1(2.7),9-23-96) Sec. 78-73. Expiration and revocation. It is the duty of the holder of any permit issued under this article to keep the permit current, and likewise to keep the application required in section 78-68 current. Failure of the owner of a taxicab for which a permit has been issued to use the vehicle for a period in excess of 60 days shall automatically render the permit null and void. The owner's permit authorized under the provisions 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, S 1C2.8), 9-23-96) Sees. 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. COrd. No. 96-2135, ~ 1(3.1), 9-23-96) CD78:1l ~ 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, com petent 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, iffemale, 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) A copy of the applicant's driving record, together with a copy ofthe 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. COrd. 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. COrd. 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. COrd. 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) Sees. 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, S 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 anyone person in anyone accident, $20,000.00. (2) For total liability in anyone accident or personal injuries or death, $40,000.00. (3) For injury or destruction of property in anyone 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, S 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. COrd. 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) Sees. 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 ofthe 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 tenllinals 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) Supp. No. 15 CD78:17 ~ 78-163 LA PORTE CODE Sees. 78-163-78-195. Reserved. ARTICLE ill. AUTOMOBILE WRECKERS AND TOWING VEmCLES* 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. Consent towing means any tow of a motor vehicle with the consent of the owner or operator of the vehicle. Non-consent towing means any tow of a motor vehicle without the consent of the owner or operator of the vehicle. 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. *State law reference-Texas tow truck act, Vernon's Ann. Civ. St. art. 6687-96. Supp. No. 15 CD78:18 VEIDCLES FOR HIRE 2 78-222 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, 2 6-1; Ord. No. 1746, 2 1(6-1-B), 2-25-91; Ord. No. 96-2136,2 1(6-1-B), 9-23-96; Ord. No. 2136-A, 2 1, 1~22-07) Cross reference-Definitions generally, 2 1-2. Sec. 78-197. Effect of state law and regulations. The provisions of this article are subject to the provisions ofVT.C.A., Transportation Code 22502.281,502.051 and 502.102 and the Texas Vehicle Storage Facility Act, Vernon's Ann. Civ. 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 non consent 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, 2 1(6-1-A), 2-25-91; Ord. No. 96-2136, 2 1(6-1-A), 9-23-96) State law reference-Similar provisions, Vernon's Ann. Civ. St. art. 6687-9b, 2 5. Secs. 78-198-78-220. Reserved. DMSION 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. 1746,2 1(6-1-B), 2-25-91; Ord. No. 96-2136, 2 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 Supp. No. 15 CD78:19 ~ 78-222 LA PORTE CODE of auto wreckers which may operate on the streets of the city at anyone time, to the extent any such rules are directly related to the promotion of public safety. The committee shall cause the city secretary to serve copies of such rules on owners at their registered addresses by certified mail. Such.notices shall fully set out any rule~ 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; Ord. No. 2136-A, ~ 2, 1-22-07) 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 ofthe terms or provisions of this article or the violation of any of the laws ofthe 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 ofthe 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 ofthe committee. Ifno 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. Right of appeal from the rulings or findings of the committee. Subject to restrictions on appeal under section 78-222 of this article, on all issues heard by the committee there is a general right of appeal to the city council. After the wrecker committee has made its findings and declares such findings, the applicant, or any person opposing the application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten days from the receipt of the city secretary's written notice, or from the date 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 Supp. No. 15 CD78:20 VEHICLES FOR HIRE ~ 78-246 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; Ord. No. 2136-A, ~ 3, 1-22-07) Sees. 78-225-78-245. Reserved. DIVISION 3. PERMITS Subdivision 1. In General Sec. 78-246. Insurance; required coverages. (a) Before any permit shall be issued to any owner of an auto wrecker or emergency auto wrecker, or before any renewal of such permit shall be granted, the owner shall be required to file an insurance policy and/or certificate of insurance policy and/or certificate of insurance with the city secretary, evidencing insurance coverage complying with the requirements contained in subsection (b) of this section. (b) Insurance coverage in subsection (a) of this section means an insurance policy and/or a certificate of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company qualified to do business in the state and performable in this county. All insurance policies or certificates of insurance, including garage liability policies, must show the year, make and model, state license number and motor number of all towing vehicles or auto wreckers, which have been authorized to operate by the city. Further, all insurance policies or certificates of insurance must include an endorsement listing the city as an additional named insured party. All such insurance policies and/or certificates of insurance must contain a provision, or an -endorsement, requiring that the city secretary shall be given at least ten days' written notice prior to the date of cancellation before such policy may be canceled by the insurer, for any cause. All such policies shall provide the minimum coverage to show "proof of financial responsibility" as that term is defined in the state Motor Vehicle Safety Responsibility Act, as now in force or hereafter amended. Each tow truck with the gross vehicle weight of26,000 pounds or less must carry $300,000.00 combined single limit coverage. Each tow truck with a gross vehicle weight over 26,000 pounds must carry $500,000.00 combined single limit coverage. Insurance coverage shall comply with the provisions of the state Tow Truck Act in all respects. The city shall immediately suspend, cancel or revoke any towing vehicle or auto wrecker permit heretofore issued without further notice to the owner, if satisfactory insurance as required in this section is not in full force and effect at all times, with satisfactory evidence that such insurance is in full force and in effect, being on file with the city secretary. (Ord. No. 1746, ~ 1(6-3), 2-25-91; Ord. No. 96-2136, ~ 1(6-3), 9-23-96) Supp. No. 15 CD78:21 ~ 78-247 LA PORTE CODE 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 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. (Code 1970, ~ 6-15; Ord. No. 1746, ~ 1(6-15), 2-25-91; Ord. No. 96-2136, ~ 1(6-15(a)), 9-23-96; Ord. No. 2136-A, ~ 4, 1-22-07) 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) Sees. 78-249-78-270. Reserved. Subdivision II. 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. Supp. No. 15 CD78:22 VEHICLES FOR HIRE ~ 78-274 (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. (4) A statement that the owner will obey the provisions of this article, the rules and regulations promulgated by the chief of police, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permit may be revoked or suspended after a public hearing by the committee with ten days prior written notice. (5) The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. Such application shall be accompanied by an annual towing vehicle permit fee in an amount established by the city and listed in appendix A of this Code for each towing vehicle the owner desires to operate. All permits shall expire on December 31 of each year and shall then be renewed upon submission of a properly executed application and the annual auto wrecker permit fee until the next succeeding December 31. If a permit is granted subsequent to January 1 in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. (Code 1970, ~ 1(6-4); Ord. No. 1746, ~ 1(6-4), 2-25-91; Ord. No. 96-2136, ~ 1(6-4),9-23-96; Ord. No. 2136-A, ~ 5, 1-22-07) 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, Supp. No. 15 CD78:23 ~ 78-274 LA PORTE CODE 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. (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. 1746,9 1(6-6), 2-25-91; Ord. No. 96-2136, ~ 1(6-6), 9-23-96) Sees. 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 th~ city. The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (Code 1970, 9 6-2(b); Ord. No. 17 46, ~ 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 Supp. No. 15 CD78:24 VEHICLES FOR HIRE S 78-297 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 nam~s, and no transfer from one company to another company by the owner shall be permitted. If the applicant is an individual, the application shall so state. If the applicant is a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If the applicant is a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. All of the provisions and requirements applicable to persons in this article shall apply to and be required of each partner or each principal officer, and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All changes of such officers or partners shall be reported to the city secretary within ten days after the change, and such new officers or partners shall individually file applications certifying to their individual qualifications within such time. The failure to certify within such time or to possess such qualifications required of such persons under this article shall be cause for the suspension of all permits held by such corporation or partnership. (2) The application shall list the make, model, motor number and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (3) Any person making application for an auto wrecker permit shall deposit with the city secretary, upon making the -application, a sum of money in the amount established by the city and listed in appendix A of this Code. Such sum shall be used to pay for the advertising of such application in the newspaper for two consecutive weeks, and for staffing, processing, and reproduction costs incurred in connection with the applica- tion. 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 ofthe first publication. Such notice shall give the name ofthe applicant, the name of the business under which the applicant proposes to operate and any other pertinent data that the city secretary may deem necessary. If the amount deposited is insufficient to pay the cost of the advertising, staffing, processing, and reproduction costs associated with the application, the city secretary shall then require the applicant to pay for the deficiency. (4) The committee shall have in attendance at such hearing a representative from the city legal department, and any other persons that it may deem necessary to conduct such hearing. (5) In determining whether the permit shall be granted, the connnittee shall take into consideration the following: a. The financial responsibility of the applicant; Supp. No. 15 CD78:25 ~ 78-297 LA PORTE CODE b. Make, model and type of vehicle to be used; c. Whether or not all insurance required by this article has been procured, or will be procured; d. That the applicant has a properly fenced storage facility for wrecked vehicles, the size of his business location and lot, that the lot is located within the city limits and conforms to the use, setbacks, parking, screening, landscaping and any other applicable regulations as set forth in chapter 106 of the Code of Ordinances. It is the responsibility of the applicant to request a site inspection from the planning department, inspections division prior to the hearing; e. Determine that all city ad valorem taxes and other taxes of the applicant have been paid; f. Whether the vehicle shall be operated by the owner, or by his employee with a bona fide employer/employee relationship; _ g. Whether the applicant proposes to own, rent or lease the vehicle to be used; h. The number of auto wreckers for the applicant then in existence and licensed; 1. 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. (Code 1970, ~ 6-7; Ord. No. 1746, ~ 1(6-7),2-25-91; Ord. No. 96-2136, ~ 1(6-7),9-23-96; Ord. No. 2136-A, ~ 6, 1-22-07) 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 vehicle is authorized to operate under the provisions of this article so long as they are in compliance with all of the provisions of this article and all federal, state, county and city laws and ordinances. The committee shall also instruct the city secretary to publish an official notice of its findings in the newspaper within such time. (Code 1970, ~ 6-8; Ord. No. 1746, ~ 1(6-8),2-25-91; Ord. No. 96-2136, ~ 1(6-8),9-23-96; Ord. No. 2136-A, ~ 7, 1-22-07) 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 Supp. No. 15 CD78:26 " VEHICLES FOR HIRE ~ 78-302 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 permitted to operate. All permits shall expire on December 31 of each year and shall then be renewed until the next succeeding December 31. If a permit is granted subsequent to January 1 in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month in calculating the fee to be charged. (Code 1970, ~ 6-11; Ord. No. 1746, ~ 1(6-11),2-25-91; Ord. No. 96-2136, ~ 1(6-11),9-23-96; Ord. No. 2136-A, ~ 8, 1-22-07) 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 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; Ord. No. 2136-A, ~ 9, 1-22-07) 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 Supp. No. 15 CD78:27 i..'r'. g 78-302 LA PORTE CODE 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, g 6-14; Ord. No. 1746, g 1(6-14),2-25-91; Ord. No. 96-2136, ~ 1(6-14), 9-23-96) Sees. 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. (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 shall 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 Supp. No. 15 CD78:28 VEHICLES FOR HIRE ~ 78-327 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. <D 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) 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 Supp. No. 15 CD78:29 ~ 78-327 LA PORTE CODE owner to cause the police department of the city to be notified of the occurrence ofthe accident and to await the arrival of the police officers of the city and the completion of their investigation. (f) All wrecker drivers shall, at all times, obey all traffic laws of the state and the city. (Ord. No. 1746, ~ 1(6-20),2-25-91; Ord. No. 96-2136, ~ 1(6-17), 9-23-96) Sec. 78-328. Specifications and required equipment. (a) Minimum size. Each auto wrecker and emergency auto wrecker shall not be less than one ton in size and shall be equipped with booster brakes. (b) Standards of winch. Each auto wrecker and emergency auto wrecker shall be equipped with a power takeoff operated winch, winch line and boom, with a factory rated lifting capacity (or city tested capacity) of not less than 5,000 pounds, single line capacity. The winch line shall be at least three-eighths of an inch in diameter. (c) Flashing light. Each auto wrecker and emergency auto wrecker shall have a flashing light of at least four inches in diameter on the top of the cab, as prescribed or permitted by state law, visible from both the front and rear of the truck. (d) Wheels and tires. Each auto wrecker and emergency auto wrecker shall have dual wheels on the rear with heavy duty tires thereon. (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. Supp. No. 15 CD78:30 VEHICLES FOR HIRE ~ 78-329 (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 for non-consent towing. (a) Standard charge for normal non-consent tow. The standard charge for a normal non-consent tow from the scene of an accident in the city limits to the place of business of the wrecker operator, or other location, will not exceed an amount established by the city and listed in appendix A of this Code. A normal non-consent tow means picking up the vehicle or moving and towing the vehicle from the street to a location. (b) Additional labor charges. Additional labor charges may be made for the following additional labor that is not required in a normal non-consent tow: (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, in non-consent tow situations. 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 non-consent tows from the scene of an accident in the city limits shall be an amount established by the city and listed in appendix A of the Code. Supp. No. 15 CD78:31 ~ 78-329 LA PORTE 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, when resulting from non-consent tows. If the vehicle is picked up during a time other than 8:00 a.m. to 5:00 p.m., Monday through Friday, the storage charge may be charged in any event. (D Wrecker tickets; required information. Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that 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 ofthe 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 ofthe vehicle that have been damaged. (5) An itemized list of services to be performed, charges for each and total charges. (6) A place for the signatures of the auto owner or other person (including a police officer) authorizing the tow of a vehicle. (7) One copy ofthe wrecker ticket is to be given to the customer, and one copy is to be given to the investigating police officer. (Code 1970, ~ 6-18; Ord. No. 1746, ~ 1(6-21),2-25-91; Ord. No. 96-2136, ~ 1(6-20),9-23-96; Ord. No. 2136-A, ~~ 10-15, 1-22-07) 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 oft owing 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) Supp. No. 15 CD78:32 Chapters 79-81 RESERVED CD79:1 APPENDIX A-FEES Description Amount b. Each minimum bill of residential, commercial and industrial shall include 2,000 gallons of sewage discharge treated each month. c. Each minimum bill of apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually metered for wa- ter, shall include 2,000 gallons of sewage discharge treated per unit, each month per unit. d. Each additional 1,000 gallons treated for a cus- tomer each month shall be charged in accordance with the following schedule 1. Residential, per 1,000 gallons. . ., . . . . . . . . . ., 3.00 2. Commercial and industrial, per 1,000 gallons. 3.00 3. Apartment units, duplex units, individual mo- bile homes in mobile home parks, with units not individually metered for water, per 1,000 gallons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 e. Computation of volume based on water purchased 1. Residential: The volume of sewage treated shall be based on 85 percent of the resident's water volume billed each month. However, the maxi- mum residential charge will be limited to . . . . 2. Commercial and industrial: The volume of sew- age treated will be based upon 85 percent ofthe monthly water consumption. 3. Multiunits: The volume charge to apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually metered for water, shall be based on 85 percent of the amount of water billed each month. f. Senior citizen discount: Residential customers 60 years of age or older shall be entitled to a $2.00 monthly discount on their primary account. Chapter 78. Vehicles for Hire Article II. Taxicabs Supp. No. 17 CDA:19 35.00 Section this Code LA PORTE CODE Description Division 2. Owner's Permit (a) Owner's permit application fee .... . . . . . . . . . . . . . . . . . . . . . . (b) Annual permit fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3. Driver's License (a) Taxicab driver's license fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5. Regulation of Fees and Charges (a) Taxicab rates and fares: (1) Initial fare. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Each additional one-fifth mile . . . . . . .. . . " . . . . " . . . " (3) Waiting time (hourly) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article III. Automobile Wreckers and Towing Vehicles Division 3. Permits Subdivision II. Towing Vehicle Permit (a) Towing vehicle annual permit fee. . . . . . . . . . . . . . . . . . . . . . . . (b) Towing vehicle permit transfer fee. . . . . . . . . . . . . . . . . . . . . . . Subdivision III. Auto Wrecker Permit (a) Auto wrecker, permit application deposit fee. . . . . . . . . . . . . . (b) Auto wrecker operation permit fee. . . ..... .... . '" ....... (c) Auto wrecker permit transfer fee.. " ....... '" '" .... ... Division 4. Regulations (a) Charge for normal non-consent tow.. .. . .... ..... . .... '" (b) Additional charges for labor not included in normal tow: (1) Ditch pull and/or rollover ..... . . . . . . . . . . . . . . . . . . . . . . (2) Disengaging and removing drive shaft.. . .. " . . . .. . . . (3) Change of tire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) Dollying of wrecked vehicle (inclusive of all over charges). . (d) Maximum charge for non-consent tow... .... ..... ........ (e) Vehicle storage charge (daily). . . . . . . . . . . . . . . . . . . . . . . . . . . . Supp. No. 17 CDA:20 Amount Section this Code 50.00 78-68(c) 100.00 78-70(a) 10.00 78-99 78-160 1.50 0.30 14.00 50.00 78-272(5) 25.00 78-274(d) 150.00 78-297(3) 75.00 78-300 25.00 78-302 80.00 78-329(a) 78-329(b) 20.00 15.00 10.00 105.00 78-329(c) 120.00 78-329(d) 15.00 78-329(e)