ORD 2005-18 - Title 7 Tow Trucks Amend Code 09-20-2005ORDINANCE 2005-18
AN ORDINANCE AMENDING TITLE 7 TOW TRUCKS OF THE
HUNTSVILLE, TEXAS MUNICIPAL CODE TO INCLUDE
REVISIONS TO SECTION 7.01.07, 7.01.12 AND 7.01.13;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville is a home rule city acting under its
charter adopted by the electorate pursuant to the Texas Constitution and the
Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS:
SECTION 1. Title 7 Tow Trucks, Section 7.01.07(H), Police rotation lists, shall
be amended as follows:
H. The following maximum fees may be charged by regular rotation permit
holders under this section for the use of the tow truck designated and no
additional charges may be made:
*All police directed tows
$125.00
*Removal of waste debris generated by the collision or waiting not
including the first hour, per hour 25.00
*Storage of towed vehicles not longer than 25 feet, per day 20.00
longer than 25 feet, per day 35.00
*Notification (State regulated) (Owner and Lien Holder) 32.00
*Preservation (State regulated) 20.00
*All other labor, charges, storage
Usual and customary rates
(i.e. heavy-duty rotation tows)
SECTION 2. Title 7 Tow Trucks, Section 7.01.12, Removal of vehicles from
private property; abandoned vehicles, shall be amended as follows:
September 14, 2005 Page 1 of 3
A. A person commits an offense if the person removes a vehicle from private
property without express written or verbal consent of the owner of the property
and does not notify the city police division within one hour of such removal. The
information to be provided in such notification shall include:
1. The date, time and location of the removal;
2. The physical description and license or registration number of the vehicle;
3. The name of the wrecker company which performs the removal; and
4. The storage location of the vehicle.
B. Nothing in this title shall be construed to authorize a nonconsent tow except
where permitted by state law.
SECTION 3. Title 7 Tow Trucks, Section 7.01.13, Uses of tow truck without
City permit prohibited, shall be amended as follows:
A. A person commits an offense if the person owns or operates a tow truck that
performs a police directed nonconsent tow within the city without a city permit
B. A person commits an offense if the person owns or operates a tow truck that
performs a tow at the scene of an accident or a custodial arrest on a public street
or right -of -way without a city permit.
C. It shall be an affirmative defense to prosecution under any provision of this
article that the tow truck is owned by the vehicle owner of the vehicle being
towed, carried or otherwise transported by the tow truck.
D. It shall also be an affirmative defense to prosecution under any provision of
this article that regulates tow trucks that the vehicle being towed, carried or
otherwise transported by the tow truck was originally picked up or loaded onto
the tow truck at a specific location outside the city.
E. Additionally, it shall be an affirmative defense to prosecution under this
article that the motor vehicle was being towed by the tow truck pursuant to a
request by the lienholder of the motor vehicle; and that the tow truck was
incidental to a lawful repossession of the vehicle; and that the tow truck driver
has complied with all requirements of this article that would be applicable if the
lienholder were the vehicle owner of the vehicle being towed.
September 14, 2005 Page 2 of 3
SECTION 4. SEVERABILITY CLAUSE
If any part of the provision of this ordinance or the application of this ordinance
to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision,
or application directly involved in the controversy in which the judgment shall
be rendered and it shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances. The
City Council hereby declares that it would have enacted the remainder of these
requirements even without any such part, provision, or application which is
judged to be invalid.
SECTION 5. EFFECTIVE DATE
This ordinance shall be in full force and effect on October 1, 2005.
PASSED AND APPROVED this 20th day of September, 2005.
ATTEST:
Danna Welter, City Secretary
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Thomas A. Le r, CJ Attorney
September 14, 2005 Page 3 of 3