ORD 1995-10 - Amend Tow Trucks (Chapter 4A) 03-21-1995ORDINANCE NO. 95 -10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 4A,
TOW TRUCKS, OF ITS CODE OF ORDINANCES OF THE
CITY OF HUNTSVILLE, TEXAS TO REQUIRE CITY
PERMITTED WRECKERS BE STATIONED IN THE CITY
OR ITS EXTRA - TERRITORIAL JURISDICTION;
INCREASING FEES FOR SERVICES; PROVIDING FOR A
FIND OF UP TO $500 FOR VIOLATIONS; PROVIDING FOR
PUBLICATION; AND MAKING OTHER PROVISIONS AND
FINDINGS RELATED THERETO.
WHEREAS Congress adopted the Federal Aviation Administration Act of 1994 which
purports to deregulate certain intrastate commerce effective January 1, 1995;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1: Chapter 4A, Tow Trucks, Section 4A -3(e) of the Code of the City of Huntsville
shall be deleted.
Section 2: Chapter 4A, Tow Trucks, Section 4A -4 of the Code of the City of Huntsville
shall be amended to read as follows:
Sec. 4A -4. Tow Truck Requirements.
All city permitted tow trucks shall, in addition to the state's tow truck standards, meet the
following minimum requirements:
(a) Have at least three fourths (314) ton (minimum gross vehicle weight) in capacity as
reflected on the manufacturer's certificate. If the vehicle does not have a
manufacturer's certificate, then the gross vehicle weight shall be determined by a
testing procedure approved by the city manager. All such vehicles shall be equipped
with booster brakes or air brakes;
(b) Shall be in such condition that it can safely and reliably be used as a tow truck;
(c) Each permit holder shall own and have access to one dolly; provided, however, that any
permit holder with more than one permit shall have one dolly for every two (2) tow
trucks on the rotation list;
(d) Each tow truck permitted shall be stationed within the corporate limits of the City of
Huntsville or its extra - territorial jurisdiction (ETJ).
Section 3: Chapter 4A, Tow Trucks, Section 4A -7(h) of the Code of the City of Huntsville
be changed to read as follows:
(h) The following maximum fees may be charged by permit holders under this section for
the use of the tow truck designated and no additional charges may be made:
*All police directed tows .. ............................... $45.00
*Use of dollies ....... ............................... 25.00
*Winching for a vehicle from a ditch for righting an overturned vehicle
or for similar unusual circumstances ......................... 25.00
*Removal of waste debris generated by the collision or waiting not
including the first hour, per hour ........................... 25.00
*Storage of towed vehicles, per day (No charge if vehicle stored for
less than twelve (12) hours) .............................. 10.00
*Notification (State regulated) (Owner and Lien Holder) ............ 25.00
*Preservation (State regulated) ............................. 10.00
*All other labor, charges, storage .............. Usual and customary rates
Section 4: Any person, firm or corporation violating any provision of this ordinance or
failing to comply with any requirement of the ordinance will be guilty of a
misdemeanor and subject to a fine of up to five hundred ($500.00) dollars upon
conviction. Each day during or upon which said person shall violate or continue
violation of any provision of this ordinance or non - compliance with any
requirement of this ordinance shall constitute a distinct and separate offense. The
violation of any provision of the ordinance or the failure to comply with any
requirement of this ordinance shall each constitute a distinct and separate offense.
Section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional, such portion shall be deemed
a separate, distinct and independent provision and such holding shall not affect
any of the remaining provisions of this ordinance.
Section 6: All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 7: This ordinance shall take effect ten (10) days after its passage by the City
Council. The City Secretary shall publish the caption of this ordinance in the
official City newspaper at least twice within ten (10) days of its passage.
PASSED AND APPROVED THIS 21ST DAY OF MARCH, 1995.
THE CITY OF HUNTSVILLE
b(,U Aee--
illiam B. Green, Mayor
ATTE T:
Danna Welter, City Secretary