ORD 1983-13 - Wrecker RegulationsORDINANCE NO. C3 -13
AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF HUNTSVILL',
TEXAS, AMENDING CHAPTER 4A, AUTOMOBILE WRECKERS, OF THE CODE
OF ORDINANCES OF THE CITY; AUTHORIZING REMOVAL OF VEHICLES
BY POLICE OFFICERS; REGULATING PERSONS ENGAGED IN THE WRECKER
BUSINESS; ESTABLISHING A POLICE WRECKER ROTATION LIST; FIXING
MAXIMUM FEES FOR CERTAIN POLICE DIRECTED TOWS; PROHIBITING
SOLICITING WRECKER BUSINESS; PROHIBITING USE OF UNPERMITTED
WRECKERS; ESTABLISHING ADMINISTRATIVE PROCEDURES FOR SUSPENSION
AND REVOCATION OF PERMITS; ESTABLISHING PROCEDURES FOR OWNER
CONTEST OF POLICE DIRECTED TOWS; PROVIDING FOR A PENALTY OF
UP TO $200 PER DAY FOR CERTAIN OFFENSES; PROVIDING REPEALINGS,
SAVINGS AND PUBLICATION CLAUSES; AND PROVIDING FOR THE EFFECTIVE
DATE OF THE ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that
Section 1: The Code of Ordinances of the City of Huntsville, Texas, is hereby
amended by the repeal of Chapter 4A, Automobile Wreckers, as presently consti-
tuted, and by the adoption of a new Chapter 4A, Automobile Wreckers, which
shall read as follows:
Chapter 4A
AUTOMOBILE WRECKERS
Sec. 4A -1. Definitions.
City Manager: The City Manager of the City of Huntsville, Texas, or the person
designated by him to act in his stead for the purpose of this chapter.
Owner: Any person who holds the legal title to a vehicle, or has the legal
right of possession of a vehicle, or legal right of control of a vehicle. This
does not include any person who has gained possession of a motor vehicle only
as a result of wrecker services performed.
Permit: Authorization granted by City Manager for a wrecker to be used in
wrecker business and /or to be on wrecker rotation list.
Permit Holder: Owner of a permitted wrecker and /er- eperater -eT -a -permitted
wrecker.
Wrecker Business: The business of towing any vehicle on a public street within
the City for compensation, or with expectation of compensation including, but .
not limited to, compensation for towing, storage or repair.
t•
Wrecker Rotation List: Lists prepared in accordance with the provisions of
this chapter, of wreckers qualified to appear thereon, to be used to remove
any vehicle, including wrecked4tordisabled vehicles, from a public street
or private property by Police Department.
Sec. 4A-2. Removal of vehicles by Police Department.
Notwithstanding any other provisions of this chapter, in any circumstance
in which a vehicle or other object is so located on a public street as to con-
stitute a hazard or obstacle, or to interfere with traffic, or in the event
a stolen vehicle is found, or in any other circumstances in which a police
officer in the cause of his duty directs the removal of a vehicle from or to
any location, any police officer may require its removal at the owner's expense,
by any practicable means, to include, but not limited to, use of a wrecker
selected by the use of the police wrecker rotation list.
Sec. 4A-3. Permits; applications and fees.
(a) A wrecker permit shall entitle the permit holder to use the wrecker
in the wrecker business and/or to place a wrecker on the regular wrecker rota-
tion list.
(b) Each eempaRy permit holder shall pay an annual fee of $25.00. Pro-
vided, however, each eempany permit holder shall pay an additional annual fee
of $50.00 for each wrecker on the rotation list. The fee for any class of
permit for which application is filed after June 30th shall be one-half (1/2)
the normal fee.
(c) An applicant for a permit shall submit, on a form provided by the
chief of police, a verified application containing or accompanied by the
following:
(1) The true name, address and telephone number of the person that owns the
wrecker proposed to be used for police department hauls.
(2) The true name, trade name, address and telephone number of the person
that will operate the wrecker when called off the wrecker rotation list.
(3) A certificate from the city tax assessor-collector that all City of
Huntsville taxes on all properties, real and personal, to be used in con-
nection with the applicant's wrecker business are current.
(4) A certificate of public liability and property damage Insurance 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 city manager of the City of Huntsville, Texas,
by the insurance company, and-wi-th-the-i-nsured-previ-s4en-ef-sueh-pel4ee-*R-
eled*Rg-the-Gity-ef-MuRtsy*Tle-as-an-addit4eRal-*Rstired-and-the-eevevage-previs*eR
insuriRg-members-ef-the-publi-e-frem-aRy-less-er-damage-that-may-ar4se-te-aRy
perseR-er-preperty-by-reaseR-ef-the-eperati-en-ef-a-permit-helderis-Ws4Ress
and providing that the amount of coverage shall comply with the limits set
forth in this chapter.
•
) A 55.00 inspection fee.
(d) No permit shall be issued to any applicant unless the applicant's
vehicle depository is wholly or partially located within the incorporated
limits of the City of Huntsville, Texas or its extraterritorial jurisdiction.
Ppevi-ded-furtheFT-that-Re-permi-t-helder-shall-shaq-thereafter-be-graRted-
a-pemM4-4-he-later-meves-14s-vehi-ele-depesi-tery-te-a-Teeat4en-wh4eh-45-
further-eutsi-de-the-i-neerperated-14m4s-ef-the-Gi-ty-ef-Huntsv*TleT-TexasT
(e) The permit, when granted, shall be kept in the wrecker permitted.
(f) All permit holders shall carry public liability and property damage
insurance in the following minimum amounts:
(1) For damage arising out of bodily injury to or death of one person
in any one collision, twenty-five thousand dollars ($25,000.00).
(2) For damane arising out of bodily injury or death of two (2) or
more persons in any one collision, fifty thousand dollars ($50,000.00).
(3) For damage to or destruction of property in any one collision,
twenty-five thousand dollars ($25,000.00).
(4) For damage to any vehicle or property being towed, twelve thousand
dollars ($12,000.00).
(5) For damage to any vehicle or property being stored, twelve thousand
dollars ($12,000.00).
Sec. 4A-4, Wrecker requirements.
All permitted wreckers shall meet the following requirements:
(1) Have at least three-fourths (3/4) 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 chief of police.
All such vehicles shall be equipped with booster brakes.
(2) Shall be in such condition that it can safely and reliably be used
as a wrecker.
(3) Shall be equipped with a power-operated winch, winch line and boom
with a rated or tested lifting capacity of not less than eight thousand (8,000)
pounds single-line capacity. If the unit does not have an established factory-
rated lifting capacity, then such capacity shall be determined by a testing
procedure approved by the chief of police.
(4) Shall carry as standard equipment at least one of each of the follow-
ing: Tow bar, safety chain, fire extinguisher, dust pan, wrecker bar and broom.
Each eempany 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 wreckers on the rotation list.
(5) Each wrecker shall have the name of the pert-helder wrecker business
on each side of the wrecker. The name shall appear in letters at least three (3)
inches high, permanently affixed to the vehicle.
(6) Provided7-hewever3-that Theprovisions of (1), (3) and (4) of this
section shall not apply to any vehicle permitted as a Class B wrecker prior to
the effective date of this ordinance; provided, however that any such vehicle
shall not be used on the police rotation list or for police directed tows.
Sec. 4A-5. Insurance and expiration of permits. and-eerti-fieates7
(a) The chief of police shall issue a permit for all wreckers so com-
plying with the provisions of this chapter upon proper application being made
therefor, unless legal grounds exist for denying such a permit.
(b) Each permit shall expire at midnight on December 31st of the calendar
year of issuance and will be renewable only upon compliance with the provisions
of this chapter and any other applicable laws, ordinances or regulations which
shall be in effect at the time of the renewal application.
Sec. 4A-6. Inspection of wrecker equipment and storage facilities used in
the wrecker business.
Any permit holder, or applicant, by virtue of making application therefor
agrees to permit, during normal business hours, the inspection of wreckers,
wrecker equipment and storage facilities. This authority shall be cumulative
of any other authority held by the chief of police, other law enforcement
officials, or other legally authorized public officials. Each permit holder
shall enter into an agreement authorized from time to time by City Council.
Sec. 4A-7. Police wrecker rotation list.
(a) The chief of police shall establish and maintain the wrecker rota-
tion lists.
(b) The list shall contain the names of all permit holders qualified
and requesting to be on such lists.
(c) A permit holder is qualified to be on such list if:
(1) he maintains at least one eerti-f4ed permitted wrecker required to
be on such list;and
(2) e maintains twenty-four hour wrecker service and has no more than
two (2) telephone numbers, which numbers are answered twenty-four (24) hours
a day, seven (7) days a week. The use of an answering service shall be
permitted.
(d) When the police officer investigating a collision determines that
a vehicle involved in a collision is unable to safely proceed under its own
power, or when the police officer determines that the driver of any vehicle
involved in a collision is physically unable to safely move the vehicle to a
location where it will not creat a traffic hazard, such officer shall request
the driver to designate either-the wrecker business ceRipary7-aute-shepT-aute-
mehile-dealer3-er-autefflebile-0-03 which he desires to move the vehicle.
(1) Such designation by the driver will be indicated in writing on a
form provided by the chief of police and signed by the driver.
(2) When the designation has been properly made, the police officer
shall communicate the name of the designated wrecker business auto-repair
shopT-autemebile-dealerT-or-autepobi-le-oluh to the police communications
center.
(3) The police communications center shall cause the designated wrecker.
eompany business ate-repair-shopv-autemobile-dealeri-er-auteRob*le-elub to
be called and directed to send to the scene of the collision a permitted
wrecker.
(4) If the designated wrecker business cempahyT-aute-repa4r-shepv
autemehi-le-dealerT-er-autemebil-e-elub is not a permit holder, and does not
have available a permitted wrecker on the rotation list ef-the-requ4red-e1ass,
the driver will be requested to make other designation.
(e) If the owner of a vehicle involved in a collision is physically
unable to designate the wrecker business eempahy5-aute-repai-r-shep,-aute
dealerT-er-autemebile-eluh he desires to remove the vehicle, or fails or re-
fuses to designate one, or has no preference, then the police officer shall
communicate that fact immediately to the police communications center.
(1) Such designation by the driver will be indicated in writing on a
form provided by the chief of police and signed by the driver if he is physi-
cally able. If not, the police officer shall indicate by notation on the
form.
(2) The. police communications center shall call the permitted wrecl,er
holder next in line after the last permitted wrecker holder so called and
request the permit holder to tow the vehicle from the scene of the collision.
Ifthe_permitholder,doesnot_answer_or cannot provide a_ wrecker_permitted
to him, the next permit holder on the list shall be called. The_permit holder'
_
max use any wrecker permitted under his name to make the call.
(-3}--Oh-eaeh-sueeeedih9-eemmuh1-cat4eh-ef-the-i-habil4ty-er-refusal-ef-a
permi-t-heldar-te-desi-ghate-a-wreekerT-the-sext-permi-t-helder-eh-the-T4st-
shall-be-ealled,The-next-sueh-eall-shall-ge-te-the-next-permit-helder-en
sa41-14st:
(f) If the permit holder after arrival at the scene determines, in
conjunction with the police officer in charge, that assistance is needed
then the permit holder shall arrange for such assistance within a reasonable
time.
• (g) Any permit holder selected shall deliver a wrecker to the scene
within twenty (20) minutes of notification.
(h) The following maximum fees may be charged by permit holders under
this section for the use of the class ef wrecker designated and no additional
charges may be made:
All police directed tows
Use of dollies
Winching for a vehicle from a ditch for
righting an overturned vehicle or for
similar unusual circumstances
Removal of waste debris generated by
the collisiOn or waiting not including
the first hour, per hour
Storage of towed vehicles, per day
(No charge if vehicle stored for less
than twelve :(12) hours)
All other labor, charges, storage
$35.00
$20.00
4,/5. o 0 ery 'CI 7- S
3 0-')3
$15 . 00 c, °
$25.00
$ 5.00
Usual and customary
rates
Sec. 4A-8. Police officers not to influence selection of wrecker
service.
It shall be unlawful for a police officer investigating or present at
the scene of any wreck or collision to directly or indirectly recommend to
any person the name of any wrecker business cempanyi-aute-Fepair-shepT-aute-
mebile-dealer-er-autemebile-elub engaged in the wrecker business; nor shall
any such police officer influence or attempt to influence in any manner the
decision of any person in choosing or selecting a wrecker business compaRy7
aute-repair-shepF-autemebige-dealerT-er-auteRiebi-le-elub.
Sec. 4A-9. Soliciting wrecker business on city streets prohibited.
(a) A person commits an offense if he intentionally or knowingly solicits
in any manner, directly or indirectly, on the streets of the city, wrecker
business involving any vehicle which is wrecked on a public street. This pro-
hibition applies regardless of whether the solicitation is for the purpose
of soliciting the business of towing, removing, repairing, wrecking, storing,
trading, selling or purchasing such vehicle.
(b) It shall be a defense that the vehicle was not disabled as a result
of a collision.
Sec. 4A-10. Pound hauls and impounded vehicles.
(a) If an owner refuses to designate a permitted wrecker, the City shall
utilize the wrecker rotation list for pound calls or hauls resulting from
vehicles being towed by the police division.
(b) Any police officer may, for lawful purpose, direct that any vehicles
shall be taken to automobile impoundment facilities owned or used by the
City of Huntsville, Texas, such facilities whether at one or more location
are hereinafter referred to as the city pound.
(c) Whenever it becomes necessary under this section for the permit
holder to disassemble parts to a vehicle in order to tow such vehicle, the
permit holder.shall reassemble such parts upon reaching the city pound.
(d) No permit holder under this section shall have the owner of an
impounded vehicle impoiiRdedT sign a release from liability or damage until
the owner has inspected the vehicle. Any such release shall contain a nota-
tion for which the permit holder is alleged to be liable by the owner of the
vehicle. If there is any such enumeration of alleged damages, then the re-
lease shall be a full release except as to the specifically enumerated damages.
The release shall be signed by the owner of the vehicle, and a representative of
the permit holder.
(e) No permit holder shall assert a lien on personal effects within a
vehicle. Personal effects shall include such items as clothing, toilet arti-
cles, animals, purses; but shall not include tools.
(f) Each permit holder and wrecker business eempany shall clearly post
and make available procedures to release autos between 8 a.m. and 9 a.m. each
day of the week.
Sec. 4A-11. Duties of Permit Holders on Wrecker Rotation List
The duty to provide safe and prompt wrecker service upon call includes
but is not limited to the following specific duties:
(a) Upon arrival at the scene of a collision within the incorporated
limits of the City of Huntsville, wFeeker-eompaRy permit holder personnel
shall take directions from the police officer investigating that collision.
(b) Wreeker-eompaRy-perseRRel-ef-a Permit holder personnel whieh who
hauls- any vehicle from the scene of a collision within the incorporated
limits of the City of Huntsville shall remove the debris of the collision
from the public streets. This duty specifically includes removal of broken
glass and metal fragments from the street, and the removal of any load of
any vehicle from the traveled portion of the street, so as to eliminate any
hazard to vehicular traffic. This does not include the responsibility to
unload cargo from a wrecked vehicle in order to permit hauling. Such debris
should be disposed of in a manner which will keep it out of gutters, storm
sewers and streams, public rights-of-way, and property not belonging to the
wrecker business eompaRy without consent of the property owner. The officer
on the scene of the accident may provide assistance in locating a place for
disposal of such debris.
(c) No permit holder shall store any vehicle or wreckers on the public
streets, or right-of-way. Permit holders will use reasonable care in the
storage of property not belonging to said permit holder, so as to minimize
the risk of theft or damage. If any damaged or inoperable vehicle is found
upon the public right-of-way within a reasonable distance of an automobile
repair shop and police records show that said vehicle was taken to that place
within thirty (30) days as a result of a collision, this shall be prima facie
proof that the vehicle is illegally stored.
Sec. 4A-12. Removal of vehicles from private property;
abandoned vehicles.
A person commits an offense if he removes a vehicle from private property
without express written or verbal consent of the owner of the vehicle 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 permit holder which performs the removal; and
(4) The storage location of the vehicle.
Sec. 4A-13. Use of Unpermitted Wreckers.
(a) A person commits an offense if he intentionally_or knowingly drives
or operates an unpermitted wrecker vehicle to tow a vehicle for compensation
or within the expectation of compensation from any place in the City.
(b) A person commits an offense if he intentionally or knowingly engages
in the wrecker business without a permit.
Sec. 4A-14. Administrative disposition of violations.
The chief of police shall have, as to the holder or applicant of any per-
mit or permits, as-te-any-appl4eant-therefer3 the duty and authority to enforce
the provisions of this chapter by administrative action in accordance with the
principles and procedures set forth hereinafter.
(a) The proper and safe functioning of the wrecker business has critical
impact on the health, safety and welfare of the public, involving use of the
public streets of the City of Huntsville, often in circumstances necessitating
prompt removal of dangerous obstructions to traffic on said stteets; there-
fore the privilege of any person to engage in the wrecker business in the City
of Huntsville shall be subject to strict regulations in order to protect the
public.
(b) For purposes of invoking any administrative remedy against a permit
holder, the act or omission of any agent or employee of said permit holder
shall be considered to be the acts or omission of said permit holder.
(c) Administrative remedies which the chief of police may employ to
enforce the provisions of this chapter include, but are not limited to:
(1) Suspension or revocation of any or all permits; this power includes
the authority to remove or cause to be removed any sticker or other evidence
of a permit from any wrecker or wreckers.
(2) Removal of a permit holder from the police rotation list.
(d) Grounds for suspension of any or all a permits include driving said
a wrecker to the scene of a collision in response to .a call by any person
for a wrecker, or towing a vehicle with said a wrecker, when said the wrecker:
(1) Is in condition that it cannot safely tow a vehicle;
(2) Is not then covered by insurance as required in this article; or
(3) Does not then meet all requirements for a permit.
(4) Failure to meet at all times the requirements for a permit.
(5) Failure to maintain at all times at least one wrecker in such
condition that it meets the requirements for a permit certification-
and for eligibility to be on the police rotation list.
(6) Driving or causing to be driven to the scene of a collision in
response to a call made-after-utilizing-a-weeker-list from the
police department any wrecker which does not then meet the require-
ments of the police rotation list.
(7) Driving any wrecker to or from the scene of a collision in a manner
which endangers any person.
(8) Failure to arrive in response to a_police call within reasonable
time. .
(9) Violation of motor vehicle or traffic laws,while in scope of
employment.
(10) Failure to answer calls.
(11) Failure to report seized or abandoned vehicles.
(12) False statements of material fact.
(13) Relocation of vehicle depository or stora- ge facility to a location
that is further outside the city limits.
(14) Repeated suspensions.
Sec. 4A-15. Procedures for suspension or revocation of certificates and
permits; appeals.
(a) City Manager may suspend any or all permits. The reason for sus-
pension or revocation of any permits shall be given in writing to the permit
holder whose permits is are being suspended within ten (10) days of such sus-
pension. Mailing of such notice to the last known business addresses of said
permit holders shall constitute sufficient notice. Appeals from a suspension
shall be made in writing to the City Council within twenty (20) days of such
suspension. Written notice of the ruling of the City Council shall be given
to the permit holder within thirty (30) days of the suspension.
(b) Suspension of any wrecker permits may be accomplished by the City
Manager after a hearing. Notice of hearing, the administrative action which
may be taken, and the grounds therefor shall be given to the permit holder
ten (10) days prior to the hearing. Mailing of said notice shall constitute
sufficient notice. Suspension of a permits shall be accomplished by a notice
in writing to the permit holder which states that the suspension has occurred.
Such notice shall be given within ten (10) days of such suspension. Appeals
frem-an-advelase-ruli-Pg-by-the-Gi-ty-Manager-shall-be-made4R-wr4t4sg-te-the-
Gity-GeuRei-l-wi-thilt-tweRty-(2.0-days-ef-sueh-swspenseR-gF-Feveeat4en-and-sueh
appeaTs-shall—be-deteFmined-tv-the-Gity-CeuRe41-after-a-hearifig-ef-whiEh-the
pe194it-heldeF-has-had-reaseRalale-A9tiee7--WFitteR-Reti-se-ef-the-FH1419§-19y-the
City-Geunei-T-shall4e-giveR-te-the-permittee-within-thi-rty-(.30)-days-ef-the-
suspeRsieR:-
(c) If after any permits certificate-has have been suspended, the condi-
tion for which it they was were suspended has been corrected, and proof of such
correction is made to the City Manager, then a new ceptif4eate permit may be
issued upon proper application, fee payment, and proof of meeting all require-
ments thereof.
(0--14-after-remeval-of-a-permit-holdeF-fFem-the-wreeker-retatien
list-i-appli-eatieR-fer-reilistatement-eR-said-Tist-has-been-madeT-said-peFffl4t-
helder-may-be-Feilistated-after-thpee-(3}-days-Femeval-if-the-eendit4eRs-and
if-the-GiV-MaRager-has-determi-Red—that-the-permit-heTder-will-propef11-perferm- •
thereafter--Provi.dedT-that-upeR-the-seeeRd-sueh-remeval-wi-th4P-a-feur-menth
perisd,-ns-rei-RstatemeRt-shall-be-had-until-at-least-seven47)-days-after-the
remeval-and-upeR-the-thi-rd-remgval-wi-thi-R-a-twelve-HaRth-per4edi-ne-reiRstatefflent
shall-be-had-uRt4-feurteeR414}-days-after-the-tMrd-remeval,Repeated-vi-ela-
tiens-shall-be-greuRds-fer-deei-d*Rg-te-rei-Rstate-aRy-cepaRy-te-the-peliee-
wreeker-li.st,
(0---14-a-permit-holderis-permit-is-revekedT-ne-perRit-shall-be-giveR-te
that-helder-for-a-peried-ef-at-least:six46}-menths-frem-the-date-of-reveeat4oRT
Sec. 4A-16. Appeals; Grievances bypermit holder.
(a) Any person aggrieved by a decision of City Police Chief or City
Manager may appeal to City Council. Notice of appeal shall be in writing
and filed within ten (10) days of the decision of the Police Chief or City
Manager. Such appeals shall be determined by City Council after a hearing
of which person has had reasonable notice.
(b) City Council shall render a written decision within thirty (30) days
of an appeal.
Sec. 4A-17. Tow of certain illegally parked vehicles;
Procedure for vehicle owners to contest tow;
Hearings.
(a) If the Police Department has a vehicle towed without prior notice to
or consent of owner, the police department shall notify the owner shall-be
notffied withi-n twenty-four hours by telephone call, or by postcard or form
letter mailed by first class mail to the last known registered owner of the
motor vehicle, that this vehicle has been towed and how he can reclaim it.
(b) If the owner contests the legality of the tow and desires possession .
of his vehicle with posting of any security, a hearing sahll be set before
Municipal Court on its next full working day following the written request
for hearing.
(c) If the owner contests the legality of the tow, the owner shall be
entitled to immediate possession of his vehicle upon written request for hear-
ing and the deposit with the Municipal Court of a sum sufficient to secure
payment of towing and storage fees. A hearing shall then be set before Municipal
Court within fourteen (14) days to determine the legality of the tow.
(d) Notice of this procedure shall be provided to any person contesting
the legality of a city tow. All written requests for hearing shall be on a
form provided by Municipal Court.
Section 2: Any person, either by himself or agent, who shall do any act or
anything prohibited by the terms of this chapter, or in anywise violate the
provisions thereof shall be fined not less than one dollar ($1.00) nor more
than two hundred dollars ($200.00).
Section 3: Any person, firm or corporation violating any provision of this
Ordinance or failing to comply with any requirement of this Ordinance will be
guilty of a misdemeanor and subject to a fine of up to two hundred dollars
($200.00) upon conviction. Each day during or upon which said person shall
violate or continue violation of any provision of this Ordinance or non-compli-
ance with any requirement of this Ordinance shall constitute a distinct and
separate offense. The violation of any provision of this Ordinance or the failure
to comply with any requirement of this Ordinance shall each constitute a distinct
and separate offense.
Section 4: 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.
. I .
Section 5: All Ordinances and parts of Ordinances in conflict with the pro-
visions 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 6: This Ordinance shall take effect from and after ten (10) days from
its passage by the City Council. The City Secretary is hereby ordered to give
notice hereof by causing the caption of this Ordinance to be published in the
official newspaper of the City of Huntsville at least twice within ten days
after the passage of this Ordinance.
PASSED UNANIMOUSLY FIRST READING THIS /24 DAY OF
PASSED SECOND READING THIS DAY OF OF
APPROVED THIS gWDAY OF
ATT
irtufh DeShaw, City Secretary
APPROVED AS TO FORM:
Scott Bound City Attorney
THE CITY OF HUNTSVILLE
By
William V. Nash, Mayor