ORD 1999-20 - Amending Title 7 06-29-1999ORDINANCE NO. 99-20
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING TITLE
7 "TOW TRUCKS" OF THE CODE OF ORDINANCES BY AMENDING THE
SECTIONS DEALING WITH DEFINITIONS; PERMITS, APPLICATIONS AND
FEES; TOW TRUCK REQUIREMENTS; POLICE ROTATION LISTS; CHANGING
CERTAIN RESPONSIBILITIES TO THE CHIEF OF POLICE; AND CHANGING
THE APPEAL PROCESS; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Huntsville Police Department has reviewed the provisions in the
Code of Ordinances with regard to the regulation of tow trucks within the corporate limits
of Huntsville, and recommends changes and amendments to those provisions for the benefit
of the health, safety and welfare of the residents and visitors to Huntsville; and
WHEREAS, the City Council desires to incorporate such recommendations into the
Code of Ordinances; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: That Title 7 "Tow Trucks," Part 7,01 "Generally" of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by amending the following
sections:
(A) That Section 7.01.01 "Definitions" is hereby amended by adding or amending the
following definitions:
7.01.01 Definitions.
City Manager means the City Manager of the City of Huntsville, Texas.
Chief of Police means the Chief of Police for the City of Huntsville, Texas, or the
person designated by the Chief of Police to act for the Chief of Police for the purposes
of this chapter.
Control or controlling interest means actual working control in whatever manner
exercised, including, without limitation, working control through ownership,
management, debt instruments or negative control, as the case may be, of the Permit
Holder. A rebuttable presumption of the existence of Control or controlling interest
shall arise from the beneficial ownership, directly or indirectly, by any Person of fifty
percent (50 %) or more of the Permit Holder.
Permit means the authorization granted by the Chief of Police for a Person to use one
or more permitted tow trucks in accordance with the provisions of this Title.
Permit Holder means any Person issued a permit pursuant to this Title of the Code of
Ordinances.
Person means any individual or any association, firm, partnership, joint venture, limited
liability company, joint stock company or association, corporation or other legally
recognized entity, whether for profit or not for profit, but shall not include the City.
(B) Title 7 "Tow Trucks," Section 7.01.03 "Permits; applications and fees" shall be
amended to hereinafter read as follows:
7.01.03 Permits; applications and fees.
A. A City tow truck Permit shall entitle the Permit Holder to use the permitted tow
truck(s) to:
1. Perform nonconsent tows within the City consistent with state law;
2. Perform consent tows from the scene of an accident or a custodial arrest; and
3. Perform tows at the direction of the City from the rotation list.
B. Each Permit Holder shall pay an annual fee of twenty -five dollars ($25.00).
Additionally, the Permit Holder shall pay fifty -five dollars ($55.00) for each tow
truck to be utilized in accordance with subchapter A of this section. The fee for
any permit for which an application is filed after July 31 shall be one -half (112)
the normal fee.
C. An applicant for a Permit shall submit, on a form provided by the City, a verified
application containing or accompanied by the following:
1. The true name, address and telephone number of the Person that owns the
tow truck(s) proposed to be used by the Permit Holder. A tow truck cannot
be used by more than one Permit Holder;
2. A certificate from the City tax assessor - collector that all City of Huntsville
taxes on all properties, real and personal, to be used by the Permit Holder
pursuant to this Title are current;
3. A certificate of public liability and property damage issued by a casualty
company authorized to do business in the State of Texas, in the standard form
approved by the State Board of Insurance, containing a provision that at least
ten (10) days prior notice of cancellation of said insurance shall be given to
the Chief of Police of the City of Huntsville, Texas, by the
insurance company, and providing that the amount of coverage shall comply
with the limits established by state regulation.
D. No Permit Holder shall use a tow truck for making tows in accordance with this
Title unless (1) the Permit Holder's vehicle depository is located wholly or
partially within the incorporated limits of the City of Huntsville, Texas, or its
extraterritorial jurisdiction, and (2) a permit fee has been paid for the tow truck
in accordance with Subsection B above.
E. No Person shall have Control or controlling interest in more than one (1) Permit
Holder.
(C) Title 7 "Tow Trucks," Section 7.01.04 "Tow Truck Requirements" is hereby amended
by deleting Subsection D and amending Subsection C. which shall hereinafter read as
follows:
7.01.04 Tow Truck Requirements.
C. Each Permit Holder shall own and have access to one dolly; provided,
however, that any Permit Holder with more than one tow truck shall have one
dolly for every two (2) tow trucks permitted by the City of Huntsville.
(D) Title 7 "Tow Trucks," Section 7.01.05 "Insurance and Expiration ofPermits," Subsection
A. shall be amended to hereinafter read as follows:
7.01.05 Insurance and expiration of permits.
A. The Chief of Police shall issue a permit for all tow trucks so complying with
the provisions of this chapter upon proper application being made therefor
unless legal grounds exist for denying such a permit.
(E) Title 7 "Tow Trucks," Section 7.01.07 "Police Rotation List," Subsections A. B. C. shall
be amended to hereinafter read as follows:
7.01.07 Police rotation lists.
A. The Chief of Police shall establish and maintain the rotation lists. There shall
be one rotation list for regular tow trucks and a separate rotation list for
heavy -duty tow trucks. Tow trucks on the heavy -duty tow truck list must be
capable of towing a "truck tractor" and "trailer" or "semitrailer" as those
terms are defined in § 541.201 of the Texas Transportation Code.
B. The rotation lists shall contain the names of all Permit Holders qualified and
requesting to be on such lists. Each Permit Holder will be afforded one slot on the
rotation lists.
C. A Permit Holder is qualified to be on such lists if the Permit Holder maintains:
1. At least one permitted tow truck required to be on the list; and
2. A twenty -four hour tow truck service and does not have more than two (2)
telephone numbers.
(F) Title 7 "Tow Trucks," Section 7.01.07 "Police Rotation List," Subsection E.3. shall be
amended to remove the following two items from the required tow truck form:
1. The towing and storage fee and fee schedule; and
2. The permit number of the tow truck being used for the tow.
(G) Title 7 "Tow Trucks," Section 7.01.07 "Police Rotation List" is hereby amended to
provide a new Subsection I and designate previous Subsections I. Through J. as J.
through K. respectively, and designate previous Subsection I. as new Subsection L. so
that Subsections I. through L. shall hereinafter read as follows:
7.01.07 Police rotation list.
I. Regardless of the type of tow truck used for the tow, the charge for use of dollies
and/or winching shall be allowed in those instances where dollies and/or winching
would have been utilized had a conventional type tow truck been used for the tow.
J. The fee when a vehicle is lawfully hooked -up but not towed from the scene is one -
half (1/2) the regular towing fee.
K. No fee shall be charged for towing any vehicle under directions or authority of a City
police officer unless the tow truck driver has obtained a completed tow slip from the
police officer.
L. Any Person collecting or charging any fee greater than the maximum fee schedule
established herein for towing a vehicle pursuant to the direction of a City police
officer from the rotation list shall violate this Title and be subject to the
administrative disposition of violations contained in Section 7.01.14.
(H) Title 7 "Tow Trucks," Section 7.01.14 "Administrative Disposition of Violations," the
initial paragraph and Subsection C. shall be amended to hereinafter read as follows:
7.01.14 Administrative disposition of violations.
The Chief of Police shall have, as to the holder or applicant of any permit or permits, the
duty and authority to enforce the provisions of this chapter by administrative action in
accordance with the principles and procedures set forth herein:
C. Administrative remedies that the Chief of Police may employ to enforce the
provisions of this chapter include, but are not limited to:
(I) Title 7 "Tow Trucks," Section 7.41.15 "Procedures for Suspension or Revocation of
Certificates and Permits; Appeals" shall be amended to hereinafter read as follows:
7.01.15 Procedures for suspension or revocation of certificates and permits;
appeals.
A. The Chief of Police may suspend or revoke any or all Permits after proper notice and
hearing. Notice of hearing, the administrative action which may be taken, and the
grounds therefor shall be given to the Permit Holder at least ten (10) days prior to the
date of the hearing. Mailing of such notice to the last known business address of said
Permit Holder shall constitute sufficient notice. Evidence and testimony shall be
taken at the hearing and the hearing will be recorded. The decision of the Chief of
Police including any order of suspension or revocation shall be issued within fifteen
(15) days of the hearing and written notice ofthat decision shall be sent to the Permit
Holder.
B. An appeal from the decision of the Chief of Police may be made in writing to the
City Manager within ten (10) days of the Chief of Police's decision. The City
Manager shall make a decision on the appeal based on the record of the hearing
before the Chief of Police and any written argument submitted by the Permit Holder
or a representative of the Chief of Police. Any such written submission shall be
made within ten (10) days of the notice of appeal to the City Manager. A written
ruling of the City Manager shall be given to the Permit Holder within twenty (20)
days of receipt of any written submission to the City Manager.
C. An appeal from the written decision of the City Manager may be made to the City
Council by filing a written request for the appeal with the City Secretary within ten
(10) days of the issuance of the City Manager's written decision. Such appeal shall
be determined by the City Council based upon the written record and submission
made before the Chief of Police and City Manager. The Council shall
schedule the vote on the appeal within thirty (30) days of the filing of the written
request for appeal with the City Secretary, and the Permit Holder or his/her
representative and the Chief of Police or his/her representative may make an oral
presentation not to exceed ten (10) minutes in length to the Council prior to the vote
on the appeal.
D. If after any Permit has been suspended, the condition for which it was suspended has
been corrected, and proof of such correction is made to the Chief of Police, then a
new permit may be issued upon proper application, fee payment, and proof of
meeting all requirements thereof.
(J) Title 7 "Tow Trucks" shall be amended so that Section 7.01.016 "Appeals, Grievances
by Permit Holder" is repealed and Section 7.01.17 "Tow of Certain Illegally Parked
Vehicles; Procedure for Vehicle Owners to Contest Tow; Hearings" is designated as Section
7.01.16 and Section 7.01.18 "Records Required of Rotation Town Truck Permittees" is
designated as Section 7.01.17.
SECTION 2: This Ordinance shall be cumulative of all other ordinances of the City
affecting the regulation of tow trucks and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions in those ordinances are in direct
conflict with the provisions of this Ordinance.
SECTION 3: 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 Board hereby determines that it would have adopted this Ordinance
without the invalid provision.
SECTION 4: This Ordinance shall take effect from and after the date of its passage.
PASSED AND APPROVED ON THIS 29TH DAY OF JUNE, 1999.
CITY OF HUNTSVILLE, TEXAS
By: �t=/ zAze��
William B. Green, Mayor
ATTEST: APPROVED AS TO FORM:
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Danna Welter, City Secretary Paul C. Isham, City Attorney