Loading...
HomeMy WebLinkAboutO-1976-1035 . .. ....' .. .'.'.- , . . . . . ORDINANCE NO. 1035 AN ORDINANCE AMENDING CHAPTER 6 OF.THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "AUTO WRECKERS AND TOWING VEHICLES;" REGULATING AUTO WRECKERS AND TOWING VEHICLES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The Code of Ordinances of the City of La Porte is hereby amended by repealing Chapter 6, Sections 6-1 through 6-32, both inclusive, thereof, and substituting therefor the following, to-wit: . - -. . . e Ordinance 1035 , Page 2. Sec. 6-1. Definitions (a) Towing Vehicle. The term "towing vehicle," as used in this chapter, shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transporting any motor vehicle which has collided wi th ano.ther 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 wrecked or disabled upon a public street or public place for the purpose or expectation of towing one of the vehicles from the scene unless summoned there by the. owner of the vehicle involved in such accident, either directly or through the police department. The term "towing vehicle" shall not be construed to include a service car or other v~hicle 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. (b) Auto wrecker. The term "auto wrecker," as used in this chapter, shall mean 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 or vehicles 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. . e Ordinance 1035 , Page 3 .. " (c) Person. The term person, shall include both singular and plural and shall mean and i.nclude any individual, firm, corporation, association or partnership. ~d) Wrecker driver. The term "Wrecker driver" as used in this chapter, means any individual who actually operates and drives a "Towing Vehicle" or "Auto Wrecker~' on the streets of the City of La Porte, ,either on his own account or in the employ of another. (e) OWner. The term owner, as used in this chapter, shall be construed to mean any person engaged in the business of towing motor vehicles for hire or engaged in the business of e storing, wrecking or repairing :motor vehicles for hire and who owns or is entitled to use any "Towing Vehicle," or "Auto Wrecker," and who uses same in the conduct of his business or any part thereof. (f) Committee. The term "Committee," as used in this chapter, shall mean the City Commission Wrecker Committee. The Ci ty Commission Wrecker Commi tb:~e shall be composed of the following persons: the Chief of Police; the Fire and Police . Commissioner~ and a duly li~ensl3d -Aut0"Wrecker- owner ~ appointed by the City Commission for a term of two (2) years, which shall coincide with the term served by the Mayor. (g) Wrecker vehicle. The term "Wrecker vehicle," as used in this chapter, shall'mean towing vehicle and/or auto wrecker. Sec. 6-2. Permits required. (a) Towing vehicle. It shall be unlawful for any person to drive or operate or cause to be driven or operated any tow- ing vehicle as heretofore defined upon any public street in the city for the purpose of towing or hauling wrecked or disabled . e e Ordinance 1035 , Page 4 . 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 of La Porte, duly issued to such person to operate the vehicle on the streets of the city under the terms and provisions of this chapter. (b) Auto wrecker. It shall be unlawful for any person to drive or operate or cause to be driven or operated any auto wrecker, as that term has been heretofore defined, 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 of La Porte, duly issued to such person to oper~te an auto wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (c) In any prosecution for a violation of this subsection, 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. . e Sec. 6-3. Insurance required. (a) Before any permit shall be issued to any owner of a towing vehicle or auto wrecker, or before any renewal of said permit shall be granted, the owner shall be required to file an insurance policy and/or certificate of insurance . . e 1035 , Page 5 Ordinance . with the City Clerk~ evidencing insurance coverage complying with the requirements contained in paragraph (b) below. (b) Insurance coverage in paragraph (a) above means an insurance policy or policies and/or a certificate, or certifi- cates of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company or companies qualified to do business in the State of Texas and performable in Harris County, Texas. 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 e authorized to operate by the City of La Porte. All such insur- ance policies and/or certificates of insurance must contain a e provision, or an endorsement, requiring that the City Clerk shall be given at least ten (10) days' written notice prior to the date of cancellation before such policy may be cancelled by the insurer, for any cause. All such policies shall pro- vide the minimum coverage to show "proof of financial responsi- bility" as that term is defined in the Texas Motor Vehicle Safety Responsibility Act, as now in force or hereafter amended. However, in no event shall insurance coverage on either type of wrecker be less than the amount of ten thousand dollars ($10,000.00) for bodily injury to or death of one person in anyone accident and, subject to said limit for one person, in the amount of twenty thousand dollars ($20,000.00) for bodily injury to or death of two (2) or more persons in anyone acci- dent, and in the amount of ten thousand dollars ($10,000.00) for injury to or destruction of property of others in anyone accident. The city shall suspend, cancel or revoke any towing vehicle or auto wrecker permit heretofore issued without fur- ther notice to the owner, if satisfactory insurance as herein required is not in full force and effect at all times. . e e Ordinance 1035 , Page 6 . Sec. 6-4. Application for towing . vehi-cle.!permits. Any owner desiring to operate a towing vehicle or vehicles in the city shall apply in writing for a permit to the City Clerk, 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 partner- ship, 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. e , (2) The number of towing vehicles the owner desires to operate', listing the make, model, motor 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, as defined in this chapter, the name and address of the true owner shall be given. If the towing vehicle ~s operated under the terms of a contract with some company other than the owner, a copy of the contract shall also be attached. e (4) A statement that the owner will obey the provisions of this chapter, the rules and regulations promul- gated by the Chief of Police of the City of La Porte, 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. (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 cor- . porate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, . -e . ,e 'I ., Ordinance :J,035 , Page 7 that the statements contained in such affidavit are' true and correct. ,. . (6) Such application shall be 'accompanied by an annual " .. . tow'ing vehicle pe.~mi t.. f~e of thirty-five dollars. ($35.0,0) for'each towing vehicle' the o~ner desires to operate.. A'll permits shall expire on the 31st day of December each year and shall then be renewed upon sul:fmission'of:a p~operly executed application .,;. and the annual auto wreqker,permit fee until the next' succeeding' 31st 'day of December. If a permit ; is granted subsequent to the 1st day of January in any permit year., tIle fee shall be paid pro rata for the balance of:fhe year, and any portion of a month I ~.. . . shall be consiqered as an.~ntire month in calculat- ing the fee "to be . cl;1arged. Sec. 6-5. Issuance. of tow.:in'g'vehicle permits. After the owner has filed his towing vehicle application, permi t fee,. and insurance pOlicy, and the 'ci ty Clerk has examined same and found them to be in compliance with the terms of this chap.ter, he- 'shall issue to the owner a permit for each ,towing vehicle licensed, which permit shall bear upon its face a notice . that the same expires on the succeeding' December 31st. Each per- mit 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 regu- lations for the displaying of signs on towing vehicles showing that the same have been licensed as herein provided. -. Sec. 6-6. Additional and ~eplacement towing vehicle permits.' (a) When an owner has obtained a towing vehicle permit. '. and thereafter desires to increase the number of towing vehicles . 1 , . to be operated, he shall file a supplemental application sett~ng , , forth his permit number and the fact that he desires to operate . e Ordinance 1035 , Page 8 . ~ additional towing vehicles, giving the make, model, motor number and state license number of each individual 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 Clerk a new insur- ance policy or a proper endorsement on the existing policy, covering the additional towing vehicles. (c) The City Clerk shall examine such supplemental towing vehicle application, fee and policy, and if the same are in order, shall issue towing vehicle permits covering each addi- tional towing vehicle. e (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 thereof and has agreed to make the appropriate transfer of coverage. The City Clerk shall, upon the payment of a five dollar ($5.00) transfer fee, issue the owner a new permit covering the replacement towing vehicle, as provided in . section 6-5, and cause the old towing vehicle permit to be cancelled and voided. In the affidavit, as well as the certifi- cate from the insurer, the old and new towing vehicle shall be described by make, model, motor number and state license number. Sec. 6-7. Application for auto wrecker permits. Any owner desiring to operate an auto wrecker or wreckers in the city shall make application to the City Clerk for an auto wrecker permit or permits. Such application shall be submitted upon form to be furnished by the City Clerk and the applicant shall furnish the following proof and information with his application, which shall be sworn to before a tit notary public: . e .. . . e Ordinance 1035 , Page 9 (a) The name and address of the owner shall be stated, and if the auto wrecker is to be operated under the name of some company other than the name of the owner, then the namE;! of the company shall be stated. Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the auto wrecker is to operate. The auto wrecker permit shall be issued in the joint names and no transfer from one company to another company by the owner shall be permitted. If an individual, the application shall so state. If a partnership, the partnership name and address shall 'be given together with the 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. All of the provisions and requirements applicable to persons in this chapter 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 Clerk within ten (10) days after the change and such new officers or partners shall individually file applications certifying to their individual qualifi- cations within such time, and the failure to certify within such time or to possess such qualifications required of such persons under this chapter shall be cause for the suspension of all permits held by such corporation or partnership. e e 1035 , Page 10 Ordinance . (b) The application shall list the make, model, motor num- ber and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (c) Any person making application for an auto wrecker permit shall deposit with the City Clerk, upon making application, a sum of money in the amount of thirty- five dollars' ($35.00). Said sum shall be used to pay for the advertising of such application in the news- paper for two (2) consecutive weeks. Within fifteen (15) days after receiving such sum and qualifying data, the city shall cause to be published in the newspaper for -two (2) 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 public hearing, which said hearing shall be held not less than twenty (20) days from the date of the first publication. Such notice shall give the name of the applicant, the name of the business under which the applicant proposes to operate and any other perti- nent data that the City Clerk may deem necessary. If such deposit is in excess of the cost of advertising, the City Clerk shall cause such excess to be returned to the applicant and likewise if the amount is insuf- ficient to pay the cost of the' advertising, the City Clerk shall then require the applicant to pay for the deficiency. Hearings and investigation for the purpose of determining whether or not the application for an auto wrecker permit will be granted, based upon num- ber of permits outstanding and whether or not the granting of the application will create public incon- venience, shall be heard before the committee at the time and place designated. e . . (d) The committee may have in attendance at such hearing a representative from the city legal department, a reporter, and any other person that it may deem neces- sary to conduct said hearing. At the time of the hearings and investigation with reference to whether or not public convenience and necessity exists for the issuance of such permits the committee shall consider all the evidence of the applicant and his witnesses. It shall further hear all the evidence of the protes- tants and their witnesses and shall have the right to call such other witnesses as the committee may deem necessary. (e) In determining whether a greater number of permits would create a public inconvenience, the committee shall take into consideration the following: (1) The financial responsibility of the applicant. (2) The number of vehicles to be operated. (3) Number of vehicles to be kept at location. (4) Amount of parking available, to-wit: Adequate space to keep cars, tow vehicles and wreckers off the street. (5) Make, model and type of vehicle or vehicles to be operated by the applicant. (6) That applicant has a properly fenced storage facility for wrecked vehicles~ size of busi- ness location and lot. (7) Type of neighborhood: Residential or commercial. (8) Closeness to nearest residence. (9) Whether the vehicle or vehicles shall be oper- ated by the owner, or his employee with bona fide employer-employee relationship. Ordinance . e . . e . 1035 , Page 11 e e Ordinance 1035 , Page 12. . (10) Whether the applicant proposes to own, rent or lease the vehicle or vehicles to be used. (11) The number of outstanding auto wrecker permits. (12) Whether a greater number of auto wrecker per- mits are desirable considering traffic and safety in the City of La Porte. (13) Any and all other facts the committee may deem relevant. e Sec. 6-8. Granting of application for auto wrecker permit. If the committee finds after the hearing and investigation that a greater number of auto wrecker permits are desirable and that the gra~ting of the application would not create a public inconvenienqe, the committee shall then instruct the City Clerk to notify the applicant in writing within ten (10) days from the last date of the hearing that such vehicle or . vehicles are authorized to operate under the provisions of this chapter so long as they are in compliance with all of the provisions hereof and all federal, state, county, and city laws and ordinances and rules promulgated by the Chief of Police of the City. of La Porte. The committee shall also in- struct the City Clerk to publish an official notice of its find- ing in the newspaper within such time. Sec. 6~9. Denial of application for auto wrecker permit. If the committee finds from its hearings and investigation that a greater number of auto wrecker permits would not be desirable and that granting the application would create a public inconvenience, it shall instruct the City Clerk to so notify the applicant in writing within ten (10) days from the last date of the hearing. An applicant who has been denied a permit or permits by the committee, and whose appeal to the City Commission, is hereinafter provided, is denied, or the 4It decision not having been appealed to the Commission, shall not e e Ordinance 1035 , Page 13 . be permitted to make 'another application for six (6) months from the date of his filing of the application for the auto wrecker permit. Sec. 6-10. Appeal from the findings of the commission wrecker committee~ After the committee has made its findings and declares same, the applicant, or any person opposing the said applica- tion who entered an appearance at the hearing before the com- mittee, ,shall have the right to file an appeal ten (10) days from the receipt of the City Clerk's written notice or from the e date of the published,notice as applicable. The appeal shall be in form of a letter addressed to the City Clerk stating that an appeal from the decision of the committee is desired. The City Clerk shall notify the City Commission of such appeal, and the Commission, as soon as practicable, after receiving said notice of appeal together with the findings of the committee, shall grant or deny, i~ open session, such application for a hearing. If a hearing is granted, the City Commission shall sustain, modify or reverse the findings made by the comndttee and shall so notify the City Clerk of its findings. The findings of the City Commission shall be final. If no appeal is made to the City Commission from the committee's decision within ten (10) . days, as ,indicated above, then such decision shall become final. Sec. 6-11. Fee for auto wrecker permits. The permit fee to operate an auto wrecker or auto wreckers shall be thirty-five dollars ($35.00) per year for each auto wrecker which the owner is licensed to operate. All permits shall expire on the 31st day of December of each year and may then be renewed until the next succeeding 31st day of December following a hearing before the wrecker committee to consider whether the permit should be renewed. The committee shall use the same criteria as set forth in section 6-7 to make . e e Ordinance 1035 , Page 14 . said determination. If a permit is granted subsequent to the first day of January 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. Sec. 6-12. Issuance of auto wrecker permits. After the owner has filed his application for an auto wrecker permit, a hearing is held and it is found that greater number of auto wreckers are desirable, and that granting the permit would not create a public inconvenience, and the applicant has filed the required insurance, and the City Clerk and City Attorney e have examined same and found them to be in compliance with the terms of this chapter, the City Clerk 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, and the license number of the auto wrecker. Sec. 6-13. Revocation or suspension of auto wrecker or towing vehicle permits. (a) Upon a complaint being filed by any person with the Chief of Police of a violation of any of the terms or provisions of this chapter, the violation of any of the laws of the state, federal, or city government, or the violation of any of the 4It rules and regulations promulgated by the Chief of Police of the City of La Porte or upon motion of any member of the com- mittee, the committee may, after ten (10) days' written notice to the permit holder stating the grounds of said complaint, conduct a hearing to hear evidence with reference to such com- plaint or motion. Should such hearing reveal a violation of any of the terms of this chapter, the laws of this state or fe.deral government or other ordinances of the city, or the rules and regulations promUlgated by the Chief of police of the City of La Porte, the committee may suspend, cancel or revoke the . permit or permits of such permit holder, as the offense may direct. . e Ordinance 1035 , Page 15 . ;;-' (b) After the committee has held its hearing and investi- gation upon the complaint or motion for the suspension, can- cellation or revocation of a permit of any owner of a towing vehicle or auto wrecker, it shall make its findings and direct the City Clerk to declare the same in writing to the owner or operator of such towing vehicle or auto wrecker within ten (10) days after said hearing. The owner of such towing vehicle or auto wrecker shall have the right to appeal to the City Commission within ten (10) days from the receipt of the written decision of the committee only in the event of a revocation of the permit of the owner by the committee. Such appeal shall be in the form . of a letter addressed and delivered to the City Clerk, stating that an appeal is desired from the revocation of the committee. The City Clerk shall notify the City Commission of such appeal, and the Commission, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the City Commission grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten (10) days, as set out above, then the decision of the committee shall be final. . Sec. 6-14. Transfer of auto wrecker permits. 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 thereof and agrees thereto. The City Clerk shall, upon the payment of a transfer fee of five dollars ($5.00), issue the owner a new permit covering the new auto wrecker, as . provided in section 6-12 hereof, and cause the old auto wrecker . . . . e e Ordinance 1035 , Page 16 permit to be cancelled 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 state license number. Sec. 6-15. Permits are personal to owners thereof. There shall be no changes in ownership, contract between the .owner and the company in whos'e name the auto wrecker is operated or any other facts stated in the original application for towing vehicle permit or auto wre,cker permit unless any proposed changes have been submitted to the City Clerk expressly and approved by the wrecker committee. If such proposed changes are approved by the wrecker committee, it shall be the responsibility of the permit holder to furnish the City Clerk with copies of instruments or information which has been approved for change. Any req~est for change of any type shall be subject to a twenty-five dollar ($25.00) fee, if approved. A denial of any requested change may be appealed to City Commission, in compliance with the terms of section 6-10 hereof. Upon cancel- lation of any permit, no portion of the permit fee shall be refunded to the owner thereof. Sec. 6-16. Ad valorem taxes. (a) It shall be unlawful for any person, corporation or partnership to use the streets of the city for the operation of a towing vehicle or auto wrecker unless' all city ad valorem and other city taxes on all properties used and useful in the furnishing of auto wrecker service shall have been first paid. (b) The owner or operator of any property used and use- ful in the furnishing of auto wrecker or towing vehicle shall, on or before the 31st day of January of each year, furnish the City Clerk with satisfactory evidence that all ad valorem and other taxes due the city have been duly paid. If an investi- gation by the City Clerk discloses that such taxes were not . ,. . . e e Ordinance 1035 , Page 17 in fact paid, the owner's permit shall be automatically sus- pended, and if such taxes are not paid in full within sixty (60) days thereafter, the committee may cause such permit to be indefinitely suspended, cancelled or revoked. Sec. 6-17. Regulations on operations. (a) Regulation of operation of auto wreckers and towing vehicles and the activities related to the operation of auto wreckers and towing vehicles shall be governed by rules and regulations promulgated by the Chief of Police of the City of La Porte as approved by the wrecker committee. Such rules and regulations shall not be inconsistent with any of the terms and provisions of this chapter and shall be those rules deemed necessary for the protection of the public safety and welfare of the public, including, but not limited to, the method of dispatching auto wrecker, rules for operations of auto wreckers, specifications of equipment, equipment and supplies required for auto wreckers, method of identification of auto wrecker and duties of auto wrecker drivers at the scene of an accident. The Chief of Police shall file such rules with the City Clerk and cause the City Clerk to serve copies of such rules on all licensees at their registered addresses by certified mail. Such notices shall fully set out any rules promulgated and the effec- tive date thereof. Any person shall have the right to appeal to the wrecker committee with regard t9 any rules and restrictions promul- gated by the Chief of Police felt by such permit holder to be unduly onerous. The appeal shall be in the form of a letter addressed to the City Clerk stating that an appeal from a rule or regulation of the Chief of Police of the City of La Porte is desired. The City Clerk shall notify the wrecker committee of such appeal, and the committee, as soon as practical, after receiving notice of appeal of such rule or regulation, shall approve or disapprove and invalidate said rule or regulation. e e Ordinance 1035 , Page 18 e Sec. 6-18. Permissible fees and charges. (A) (1) The standard charge for a "normal tow" from the scene of the accident in the city limits of La Porte to the place of business of the wrecker operator, or other location in the city limits of La Porte, in- structed by, the owner, will not exceed twenty-seven and 50/100 dollars ($27.50). This charge will apply either day or night, holidays or Sundays. If the owner of the vehicle being towed requires the vehicle to be moved or transferred after the vehicle has been towed to a location specified in a wrecker ticket, there may be an additional charge of fifteen dollars ($15.00). For transferring the vehicle within the city limits, a normal tow is defined as picking up the vehicle or moving and towing the vehicle from the street to a location. There will be no addi- tional charges to disengage one vehicle from another, as this will be considered part of a normal tow when the vehicles are moved from the street. (2) An additional charge may be made for the following additional labor that is not required in a normal tow, to-wit: (a) An additional charge, not to exceed ten dollars ($10.00), may be made for a ditch pull and/or roll- over in those cases where _two separate pulls with the wrecker's winch line are actually required. (b) An additional charge, not to exceed five dollars ($5.00) may be made for disengaging and removing the drive shaft, or for other exceptional labor. (3) A charge not to exceed fifty dollars ($50.00) may be made when it is required to "airplane" a 'wrecker vehicle; i.e., to completely pull the wrecked ./e . . . e Ordinance 1035 , Page 19 . vehicle upon the wrecker. This charge shall be all inclusive, and no other charge may be imposed when it is made. (4) Except in the event of an airplane charge, the maxim~m charge for any and all tows from the scene of an accident in the city limits shall be forty- two dollars and fifty cents ($42.50). (5) A charge not to exceed three dollars ($3.00) per day may be made for the storage of wrecked vehicles. A "day" shall mean a twenty-four (24) hour period beginning at the time the vehicle enters the storage yard. (B) Every holder of an auto wrecker permit and those tow- ing vehicle permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided by the City of La Porte containing the following information: (1) Name and address of wrecker company. (2) Time and location of accident. (3) Place to which vehicle is to be towed. (4) Description of vehicle and general description of parts of vehicle that have been damaged. (5) Itemized list of service to be performed, charges for each, and total charges. (6) Places for signature of auto owner or other person (including a police officer) authorizing tow of vehicle. (7) One copy of the wrecker ticket is to be given to the customer, and one copy is to be given to the investigating police officer. It shall be unlawful and a violation of the terms and . . (C) .' provisions of this chapter for any person to payor receive any remuneration not specifically provided for in this chapter. . , . . Ordinance 1035 , Page 20 ., Sec. 6-19. Emergency permit. If permit holders under this chapter do not have the equip- ment necessary to perfect any specific task, the Chief of Police of the City of La Porte or his designee is authorized to issue an "emergency permit" for the performance of this task. There will be no fee associated with the issuance of this permit. Section 2. Any person who shall violat~ any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be 'punished by a fine not to exceed Two Hundred Dollars ($200.00). . Section 3. This ordinance shall be effective fourteen (14) days after its passage and approval; provided, however, all pro- visions hereof pertaining to permit fees, transfer fees and other such charges shall be effective January 1, 1977. The City Clerk shall give notice of the passage e:lVthis ordinance by causing the caption hereof to be published in the official news- paper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this the 3rd day of May 1976. . CITY OF LA PORTE ~~l.-' J. J. Meza ' Mayor ATTEST: ct?;~/ ~J ~~ Ci ty Attorney .