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HomeMy WebLinkAboutORD 85-116 i ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTERS 26 AND 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT REGARDING THE DISPATCH OF EMERGENCY WRECKERS; REPEALING CHAPTER 29, SECTION 29-78 AND ADDING TWO NEW SECTIONS 29-88 REGARDING CHARGES FOR EMERGENCY WRECKERS AND 29-89 REGARDING CONTROL OVER VEHICLE STORAGE; PROVIDING FOR SEVE RABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 26, Section 26-40(b) of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 26-40(b) : Whenever a police officer discovers a motor vehicle upon a street or highway under any of the circumstances described in subsection (a) , it shall be the duty of such police officer to notify the police communications officer of the make, model, registration number, and location of such motor vehicle and the reason for which said vehicle is to be removed. The police communications officer shall select a wrecker company and call that wrecker company to send a srecker to remove said motor vehicle. The police communications officer shall make such selections on a rotational basis from a list of all wrecker companies which have a permit issued in accordance with subsection (c) . Section 2 . That Chapter 29, Section 29-78 of the Code of Ordinances of the City of Beaumont be, and the same is hereby repealed. Section 3 . That Chapter 29, Section 29-82(a) of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 29-82(a) : Calling an emergency auto wrecker -- Procedure generally. When a vehicle which has been involved in a collision or accident is unable to proceed safely, or when the driver thereof is physically unable to drive such vehicle, the police officer investigating such accident or collision shall request the driver of such vehicle to designate a wrecker company which has emergency auto wrecker permitted under this article. The officer shall then communicate that fact immediately to the police communications officer on duty at the police headquarters, and it shall be the duty of such communications officer to call the designated wrecker company to send a permitted wrecker to the scene or site of such accident or collision. In the event such driver is physically unable to designate a wrecker company or refuses to designate one, the police officer investigating the accident or collision shall notify the police communications officer of such fact and the communications officer shall select a wrecker from the no-preference list on a rotation basis, and call that wrecker company owning such wrecker to send a wrecker to the scene or site of such collision or accident. The emergency auto wrecker summoned by the police communications officer shall have the sole responsibility of removing the wrecker vehicle and clearing the right-of-way, except as stated below . Section 4 . That Chapter 29 be amended by adding a new section, Section 29-88 concerning the maximum charges for emergency wreckers, to read as follows: 2 - Section 29-88: Maximum Charges for Emergency Wreckers . 1 . Emergency Tow All size vehicles up to and including 2 ton trucks. . . . . . . . .$75.00 2 . Storage (daily) . . . . . . . . . . . . . . . .$ 5 .00 per day for first 10 days a) In the event a vehicle is not retrieved by the 10th day, storage fee is. . . . . . . .$ 8 .00 per day reverting back to the first day of storage b) For vehicles over 5 ,000 pounds gross weight. . . . . . . .$25.00 per day 3 . Dolly. . . . . . . . . . . . . . . . . . . . . . . . . .$25.00(max. charge) Towing and storage of any vehicle over 5,000 pounds gross weight will be regulated by the standards set by the Railroad Commission of Texas Transportation Division. Section 5 . That Section 29-89 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 29-89: The City of Beaumont shall continue to retain control over vehicle storage facilities within the City of Beaumont. The Vehicle Storage Facilities Act, Article 6687-9(a) of the Revised Civil Statutes of Texas and the rules adopted thereunder shall not apply inside the limits of the City of Beaumont. Section 6 . That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances should, for any 3 - 7 ���j reason be held invalid, such invalidity shall in no way effect the remaining portions of this ordinance and to such end that various portions and provisions of this ordinance shall be declared to be severable. Section 7 . That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only . Section 8 . Charges for emergency wreckers in excess of the stated maximums violates the law and may result in a fine of up to Two Hundred Dollars ( $200) . PASSED BY THE CITY COUNCIL of the City of Beaumont this the /gam day of 1985 . Mayor - - 4 - INTER-OFFICE MEMORANDUM City of Beaumont, Texas Date: November 21, 1985 TO: Myrtle Corgey, City Clerk FROM : Lane Nichols, City Attorney SUBJECT: Amendments to the Wrecker Ordinance C O M M E N T S : A copy of the ordinance which was passed by the Council November 19, 1985, needs to be forwarded to the State Department of Labor and Standards in Austin. The reason this is done is because the ordinance provides that it overrides an existing statute. The statute requires that copies of such ordinances be furnished to that department. La Nichols LN:rw T ,} 5 `, } 7 m C11 o 'Beautpon December 2, 1985 State Dept. of Labor and StAndaxdsi B. 0. Box 12157 Austin, TX 78711 CITY OF BEAUMONT r TX ORDINANCE •85:+-116. R4QARDj.Nq EMERGENCY WJI ECKERS As instructed by our Legal Dept. we. are enclosing a copy o Ordinance 85--116 passed by the Ci.tr Council of BeAumontr November 19, 1985. This copy is for your files and records. BARBARA LIMIN$ FOR MYRTLE CORGEY? CITY CLERK Enc. � �/�