ORD CC 05/22/73 - Automobile Wreckers•
AN ORDINANCE AMENDING SECTIONS 4A -5 and 4A -7, CHAPTER 4A, OF THE
CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,BY CHANGING THE LAST
PARAGRAPH IN SECTION 4A -5 AND BY AMENDING SECTION 4A -7 PROVIDING
FOR A PENALTY FOR VIOLATION OF SAID ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, THAT:
Section 4A -5 and Section 4A -7, Dhapter 4A, of the
Code of Ordinances of the City of Huntsville, Texas, is hereby
amended so that specified sections as hereinafter listed of
said ordinance shall hereafter read as follows:
SECTION 1: The last paragraph of Section 4A -5 is hereby amended
in its entirety so that hereafter the last paragraph of Section
4A -5 shall read as follows:
The operator of such automobile wrecker shall display
on the rear of said automobile wrecker a tag furnished to
him by the City bearing the word CITY and his permit
number.
SECTION 2: Section 4A -7 is hereby amended in its entirety so
that hereafter said Section 4A -7 shall be captioned and read
as follows:
Section 4A -7. Penalty for Violation. Any person
violating the terms and conditions of this Ordinance,
upon conviction, shall be deemed guilty of a misdemeanor
and shall be punished as prescribed in Section 1 -8 of
the Code of Ordinances of the City of Huntsville.
PASSED AND APPROVED IN OPEN COUNCIL on this the 22nd
day of May, A. D., 1973.
THE CITY OF HUNTSVILLEE, TEXAS
MORRIS I. WALLER, MAYOR
ATTEST:
FRANK ROBINSON, JR.
City Secretary
APPROVED:
MARTIN D. COLLEY, City Attorney
•
Chapter 4A
AUTOMOBILE WRECKERS*
Sec. 4A -1. Permit required; classes of permits; "automobile
wrecker" defined,
(a) It shall be unlawful for any person, firm, or corpora-
tion to operate an automobile wrecker upon the streets of the
City of Huntsville without first obtaining a permit therefor,
which shall be issued upon proof of compliance with the re-
quirements as hereinafter set forth. By the term "automobile
wrecker" is meant any motor vehicle equipped with a crane
and hoist or other equipment used to pull, push or carry a
disabled motor vehicle.
(b) There shall be two (2) classes of permits authorized.
A type "A" permit shall be issued for automobile wreckers
to be used in going to the scene of accidents and for pro-
viding general automobile wrecker services. A type "B" per-
mit shall be issued for automobile wreckers used exclusively
in connection with rendering services to customers by service
stations or automobile garages who do not travel to the scene
of automobile accidents. (Ord. of 9 -8 -70)
Sec. 4A -2. Permit application.
Application for a permit to operate an automobile wrecker
on the city streets of Huntsville shall be filed in writing with
the city secretary and shall state the name and address of
the applicant, whether the applicant is an individual, a part-
nership, firm or corporation and the name under which such
applicant conducts his business. The application shall state
the type permit for which application is made and the number
of automobile wreckers proposed to be operated under such
permit and show the make, model, motor number and state
*Editor's note—Ord. of Sept. 8, 1970 amended this Code by adding
a chapter designated "Ch. 16A, Automobile Wreckers." The editors
have redesignated the provisions as Ch. 4A, §§ 4A- 1 -4A -7, in order
to preserve the alphabetical arrangement of chapters within the Code.
In several instances catehlines were altered by the editors to facilitate
indexing and reference; otherwise the ordinance is set out as enacted.
Cross reference —Motor vehicles and traffic generally, Ch. 12.
Supp. No. 6
32.29
0
§ 4A -2
HUNTSVILLE CODE
license number of each such vehicle. The application shall
further designate a central location from which the auto-
mobile wrecker shall be dispatched or the business is to be
operated and list a permanent telephone number for such
business. (Ord. of 9 -8 -70)
Sec. 4A -3. Liability insurance prerequisite to issuance of
permit; amounts required.
No permit to operate an automobile wrecker on the streets
in the City of Huntsville shall be issued to any applicant
until such applicant shall have deposited with the city secre-
tary a policy of liability insurance covering each automobile
wrecker to be operated under such permit in an amount of
coverage not less than the minimum requirements set forth
for policies of insurance in the Texas Safety Responsibility
Law, Article 6701h, Texas Civil Statutes. Such policy of in-
surance shall be required for either Type A or Type B permits
issued under the provisions of this chapter, and such policy
of insurance shall not be cancelled or surrendered except upon
written notice to the city secretary and any cancellation of
any such policy after a permit for the operation of an auto-
mobile wrecker has been issued, shall immediately terminate
the permit for the operation of an automobile wrecker on the
city streets of Huntsville. (Ord, of 9 -8 -70; Ord. of 12- 14 -71)
Sec. 4A -4. Inspection of vehicles; inspection certificate.
Every holder of a permit to operate an automobile wrecker
on the city streets of Huntsville shall have each such vehicle
used under said permit inspected amorally by a garage or
automobile repair business authorized and designated as a
state inspection station and obtain from the mechanic making
such inspection a statement in writing showing the date of
such inspection, the license number of the vehicle inspected,
the name of the permit holder, and certifying that the lights,
brakes, steering apparatus, and hoisting equipment attached
to such automobile wrecker are in good mechanical condition.
In addition to the annual inspection required under this sec-
Supp. No. 6
32.30
§ 4A -4
• •
AUTOMOBILE WRECKERS § 4A -6
tion, an applicant making his original application for a permit
to operate an automobile wrecker on the city streets of Hunts-
ville shall have such inspection made and the written report
thereof attached to his application for a permit at the time
the same is tendered to the city secretary for issuance. (Ord.
of 9-8-70)
Sec. 4A -5. Issuance, term of permit; permit fee; display of
permit number.
No permit shall be issued under this chapter until the appli-
cation therefor has been filed with the city secretary and the
sum of fifty dollars ($50.00) for a type "A" permit and
twenty -five dollars ($25.00) for a type "B" permit paid for
each automobile wrecker to be operated under the permit
issued, together with the inspection certificate hereinabove
required, and the policies of liability insurance hereinabove
required. Upon approval of said policies of insurance and re-
view of the application by the city secretary, the city secre-
tary upon finding that all requirements have been met, shall
issue the permit applied for and which shall be valid for a
twelve (12) month period ending December thirty -first of
each year; provided, however, that if such permit is granted
during the year to expire in less than the full year, the per -
mittee shall pay an amount prorated according to the time
for which the permit is issued.
The operator of such automobile wrecker shall display on
each side of such automobile wrecker the words "Permit
No. . —___ ", filling the black with the permit number issued
by the city under the provisions of this chapter. Such letters
and figures shall not be less than five (5) inches in height.
(Ord. of 9 -8 -70)
Sec. 4A -6. Suspension, revocation of permit; appeal.
A permit issued under the authority of this chapter for
authority to operate an automobile wrecker on the city streets
of Huntsville, may be suspended or revoked by the judge of
the corporation court [municipal court] upon notice and after
a hearing held thereon, when it shall be proven to the judge
Supp. No. 5
32.31
0 0
§ 4A -6 HUNTSVILLE CODE § 4A -7
of said court by satisfactory evidence that an automobile
wrecker has been operated by the permit holder or any em-
ployee of same in a negligent, careless, or reckless manner.
Suspension of said permit shall be for a period of not to ex-
ceed thirty (30) days as determined by the judge of the cor-
poration court [municipal court]. A permit issued under the
authority of this chapter shall be revoked by the judge of
the corporation court [municipal court] after notice and upon
hearing held therefor, upon proof of three (3) convictions for
violation of the traffic laws of the State of Texas or ordi-
nances of the City of Huntsville by such permit holder or his
employee when such violation occurred while such permit
holder or employee was operating an automobile wrecker for
which a permit has been issued under this chapter. Any ac-
tion of the judge of the corporation court [municipal court]
in either suspending or revoking an automoblie wrecker per-
mit may be appealed by the aggrieved party by the giving
of notice of intent to appeal, in writing, within five (5) days
after the action of the judge of the corporation court [munic-
ipal court] and thereafter the appeal shall be heard at the
next meeting of the city council of the City of Huntsville by
all councilmen in attendance at such meeting. The city coun-
cil shall have the authority to affirm or override the action
of the judge of the corporation court [municipal court] in
such matter, and the decision of the city council shall be
final.
A holder of an automobile wrecker permit whose permit has
been revoked under the provisions of this section may make
application for issuance of a new permit after the expiration
of six (6) months from the date of revocation of his original
permit. (Ord. of 9 -8 -70)
Sec. 4A -7. Penalty for violations.
Any person, firm, corporation, or other entity operating
an automobile wrecker on the streets of the City of Hunts-
ville without a permit therefor, upon conviction, shall be sub-
ject to the punishment prescribed under section 1 -8 of the
Code of Ordinances of the City of Huntsville. (Ord. of 9 -8 -70)
Supp. No. 5
82.32