O-2012-3413 amend Ch78 regulation/permitting of emergency tow truck operators

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ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS FOR USE OF STORAGE FACILITIES BY AUTO WRECKERS OPERATING IN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-297 "Applications", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending subsection "5" , paragraph "d" , to said Section 78-297, which shall hereinafter read as follows, to wit: "(5) In determining whether the permit shall be granted, the committee shall take into consideration the following: d. That the applicant provide proof of 1) ownership of a properly fenced storage facility for towed vehicles or a contract with the owner, lessee, or other authorized user of a properly fenced storage facility for towed vehicles, allowing applicant to use the facility. In those cases where an applicant relies on a contract made with a party other than the actual owner of the facility, applicant shall provide satisfactory evidence that the use of the facility by applicant is permitted by the owner; 2) the size of his business location and lot; and 3) 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 for in Chapter 106 of this Code. It is the responsibility of the applicant to request a site inspection from the planning department, inspections division, prior to the hearing;" Section 2. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-297 "Applications", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by adding new paragraph "6" , to said Section 78-297, which shall hereinafter read as follows, to wit: "(6) An applicant that fails to satisfy one or more of the requirements for acquiring an auto wrecker permit as established in this section may petition the committee for a variance. A request for a variance shall be submitted simultaneously with the application for operation