ORD 2001-07 - Tow Truck Soliciting 03-27-2001ORDINANCE NO. 2001-07
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 7
"TOW TRUCKS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 7.01.09
"SOLICITING TOW TRUCK BUSINESS ON CITY STREETS PROHIBITED" TO
EXEMPT COLLISIONS ON INTERSTATE HIGHWAY 45 INVESTIGATED BY TEXAS
DEPARTMENT OF PUBLIC SAFETY; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS
that:
SECTION 1: Chapter 7 "Tow Trucks," Section 7.01.09 "Soliciting Tow Truck Business on
City Streets Prohibited" is hereby amended by amending Subsection B and adding a new Subsection
D which shall read as follows:
7.01.09 Soliciting tow truck business on city streets prohibited.
B. In any prosecution for a violation of this section, proof that the tow truck was present
and stopped at the scene of an accident shall constitute prima facie evidence that such
permit holder or the tow truck driver was operating or causing to be operated the tow
truck to solicit business, but the person charged shall have the right to introduce
evidence to prove that the vehicle owner requested a tow truck to come to the scene
or that a police officer requested the tow truck for the vehicle owner.
D. It shall be an affirmative defense to prosecution under this Subsection that the
collision resulting in wrecked vehicle(s) initially occurred on Interstate 45 or its
entrance or exit ramps and the collision was investigated by a Texas Department of
Public Safety law enforcement officer.
SECTION 2: If any portion of this Ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the City Council determines that it would have adopted this Ordinance without the invalid
provision.
SECTION 3: This Ordinance shall take effective immediately from and after the date of its
passage.
PASSED AND APPROVED THIS 27TH DAY OF MARCH, 2001.
C TY O UN ILLS, TEXAS
William B. Green, Mayor
A ST:
Danna Welter, City Secretary
APPROVED AS TO FORM:
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Paul C. Isham, City Attorney