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HomeMy WebLinkAboutORD 09-072 ORDINANCE NO. 09-072 ENTITLED AN ORDINANCE AMENDING CHAPTER 29,VEHICLES FOR HIRE,ARTICLE IV,TOW TRUCKS,TOW COMPANIES AND TOW TRUCK OPERATORS,SECTIONS 29- 70,29-71,29-72,AND 29-73,SUBSECTION 29-74(a)(1)AND(e),SECTIONS 29-75 AND 29-76 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS,the City of Beaumont endeavors to maintain a clear,comprehensible,and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to conform with current law and court interpretation; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 29, Article IV, Section 29-70, be and the same is hereby amended to read as follows: Sec. 29-70. Definitions. As used in this article, the following terms shall have the respective meaning ascribed to them: Consent tow means any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle. Drop fee means the fee charged for a non-consent tow which is disengaged at the request of the vehicle's owner or operator while the towed vehicle is still at the location from which it is being removed. Missed call means the towing company was called and no contact made with a representative of the company or the towing company's tow truck did not respond to the scene within thirty(30) minutes of notification. Motor vehicle means a motor vehicle subject to registration under Chapter 501,Texas Transportation Code or any other device designed to be self-propelled in, on or by which a person or property may be transported on a public roadway. Non-consent tow means any tow of a motor vehicle that is not a consent tow. Operate means to drive or cause to be driven a tow truck on a public roadway. Operator means any person operating a tow truck on a public roadway of this state. Owner means a person owning, leasing or otherwise using either directly or indirectly a tow truck on a public roadway of this state. Person means an individual, corporation, organization, business trust, estate,trust, partnership, association or other legal entity. Public roadway means a public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way. Recovery means actions taken to upright or otherwise move a vehicle to a position from which it can be towed. Tow truck means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch or otherwise move another motor vehicle. Towing company means an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more tow trucks over a public roadway in this state but does not include a political subdivision of the state. Vehicle storage facility means a garage, parking lot or any other type of facility owned by a person other than a governmental entity for storing or parking ten (10) or more vehicles a year. Section 2. That Chapter 29, Article IV, Section 29-71, be and the same is hereby amended to read as follows: Sec. 29-71. Operation of tow truck. (a) It shall be unlawful for any person to operate a tow truck in the city for the purpose of participation in or execution of any non-consent tow, unless the tow truck is: (1) Licensed and permitted as a tow truck pursuant to Texas statutes; and (2) Owned by a towing company registered and permitted by the city. (b) No person, operating a tow truck who performs a non-consent tow, may tow any motor vehicle to any location other than: (1) A vehicle storage facility located in the city operated under a permit for same issued by the Texas Department of Licensing and Regulation; or (2) With the consent of the towing company, a specific location in the city designated by the vehicle's owner. (c) No person shall stop or park any tow truck within one thousand (1000)feet of the scene or site of any vehicle accident or collision while any vehicle disabled, damaged or wrecked in such accident or collision remains at such scene or site unless: (1) It is licensed and permitted as a tow truck pursuant to state statutes and has been directed by or received the consent of a police officer at the scene to stop or park the tow truck within the one thousand-foot area; or (2) It is a tow truck which has been summoned to the scene or site of a vehicle accident by the owner of a vehicle involved in the accident and does not, in the opinion of any police officer investigating the accident, constitute a safety hazard to vehicles or persons at the scene or obstruct or interfere with the activities of the officers investigating the accident or scene. (d) No person,while on any public roadway or public property, may solicit in any manner, directly or indirectly, the business of towing, removing, repairing, storing,wrecking or buying any vehicle which is wrecked or disabled and on a public roadway. Section 3. That Chapter 29, Article IV, Section 29-72, be and the same is hereby amended to read as follows: Sec. 29-72. Permits for towing companies; required; procedure; fee; term. (a) Required. It shall be unlawful for any person to operate or cause to be operated any towing company in the city,without having first obtained a towing company permit from the city issued under this article to such person to operate a towing company within the city. (b) Application generally. The chief of police shall develop necessary forms to enact these provisions. Any person desiring to operate a towing company in the city shall make application with the police department for the issuance of a towing company permit.The applicants shall furnish all required information and supporting documents noted on the application form. A towing company permit shall not be issued by the chief of police unless the applicant meets all required provisions of this article, including but not limited to: (1) All information on the submitted application is true and accurate and all required supplemental documents or information has been furnished. (2) The towing company operates a vehicle storage facility in the city which is, at all times, licensed pursuant to the Texas Vehicle Storage Act, as it may be amended, and which is in compliance with all provisions of the Texas Vehicle Storage Facility Act and any provisions of the Texas Occupations Code relevant to operation of a vehicle storage facility. (3) The physical facility to be operated by the towing company meets the following requirements: a. The facility is in compliance with all zoning requirements of the city; b. The physical facility to be operated by the towing company is not a part of any other business which performs towing services and is not located at the same physical location as any other towing company; C. The physical location of the towing company has an office of not less than two hundred (200) square feet; d. The towing company has an active, published telephone number that is different from any other towing company and is not answered by an electronic answering device; and e. The towing company has a sign on the business premises identifying the towing company by the name as it appears on the license application, street address, telephone number, hours of business, and any vehicle storage facility license number issued for that location. Said sign shall be of a size that may be read from a distance of not less than one hundred fifty(150)feet. (c) Denial/suspension/revocation. An individual identified as an owner of a towing company on the application who has a felony conviction within the previous five(5) years that, in any fashion, relates to the duties and responsibilities involved in the operation of a towing company or which directly effects such person's fitness to perform as a towing company owner may have their application for permit denied or have any permit suspended or revoked by the chief of police. In determining whether an individual's criminal conviction (which includes the entry of a deferred judgment) relates to the performance of a towing company owner, the chief may consider the following factors: (1) The nature, seriousness and frequency of a crime; (2) The relation of the crime to the purpose for requiring the permit; (3) The extent to which a permit may offer an opportunity for the individual to engage in further criminal activity of the same or similar type as that in which the individual has previously been involved; and (4) The relationship of the crime to the ability,capacity or fitness required to perform the duties and discharge the responsibilities of a towing company owner. (d) Fee. The permit fee to operate a towing company under the terms and conditions of this article shall be payable as follows: At the time of the original or renewal application for a towing company permit,the applicant shall pay a fee of one hundred dollars($100.00) as a nonrefundable application fee. If the application is approved by the chief of police, the applicant will be issued a permit to operate a towing company in the city. (e) Term. A permit issued pursuant to this section shall be valid for one (1) year from the date issued. (f) Rotation. The chief of police shall devise a rotation system for towing companies that wish to be used in non-consent tows. A tow truck company may be placed into the system by paying a fifty dollar($50) annual fee. To participate in this program, the owner must agree to the regulations promulgated by the chief for such. Section 4. That Chapter 29,Article IV, Section 29-73, be and the same is hereby amended to read as follows: Sec. 29-73. Towing fees. (a) The maximum fees which may be charged by a towing company which performs non-consent tows pursuant to this article are as follows: (1) Vehicles 10,000 pounds or less: $165.00. (2) "Drop"fee to release a vehicle which has been "hooked up" by a tow truck: $60.00. (3) Towing surcharges and fuel adjustment fees are not allowed. (4) Reasonable recovery charges are allowed. Disputes are resolved by the chief. (5) A daily storage fee of not more than that allowed by state law. (b) All towing companies performing tows pursuant to this ordinance must accept major credit cards as payment for the fees provided for services rendered. (c) The chief of police will undertake a general review and survey of towing fees every two (2) years. A towing company may request that a rate study be performed by requesting same in writing to the city manager accompanied by a payment of$2,500. A towing company may submit any documentation or rate-related information along with that request. The findings of said study will be considered in the rates adopted by the city council. Section 5. That Chapter 29,Article IV,Subsections 29-74(a)(1)and(e),be and the same is hereby amended to read as follows: Sec. 29-74. Denial, suspension or revocation of any permit or license. (a) Investigation. The police department shall investigate all complaints arising from reported violations of this article. Upon completion of the investigation, the chief of police shall determine if a violation occurred. If the chief of police determines that a significant violation of this article occurred, the chief may suspend or revoke the permit or license according to the following standards: (1) Violation of any provision of this article, the Texas Transportation Code,Texas Vehicle Storage Facility Act, or section of the Texas Occupations Code regarding operation of tow trucks, towing companies or vehicle storage facilities by owners, agents or employees of a towing company shall subject the towing company to the following administrative action regarding their towing company permit: a. First offense: Suspension of towing company permit for thirty(30) days. b. Second offense: Suspension of towing company permit for sixty(60) days. C. Third offense: Revocation of towing company permit for two (2) years. (e) Appeal procedure. Any appeal of a decision by the chief of police regarding a towing company permit must be in writing and must be submitted to the city manager's office prior to the effective date of the suspension, revocation, denial or decision.The written request for appeal must set forth the basis for the appeal and specifically identify any error or misapplication of information or of this article by the chief of police regarding the. The city manager shall submit the appeal to the city council and city council may either hear the appeal or select a hearing officer to preside at any appeal hearing and the decision of the city council or such hearing officer shall be final. The appellant may appear at any hearing and it shall be the burden of the appellant to establish that the decision by the chief of police is incorrect.The chief of police shall be entitled to present any information or evidence which would support the chiefs decision. The city council or hearing officer shall assess the evidence presented at the hearing and affirm, reverse or modify the decision of the chief by a suspension of the towing permit for up to thirty(30) days for a first offense, up to sixty(60) days for a second offense or revocation of the permit for up to two (2) years for a third offense. The city council or hearings officer shall affirm, reverse or modify any other decisions of the chief after assessing the evidence presented at the hearing. Section 6. That Chapter 29,Article IV, Section 29-75, be and the same is hereby amended to read as follows: Sec. 29-75. Responsibilities--Tow truck operator; towing company. (a) Tow truck operator. All tow truck operators shall: (1) Obey all lawful orders given by any police officer and not in any manner interfere with any police officer in the performance of his/her duty. (2) Not remove any wrecked, disabled or illegally parked vehicle from any public roadway without authorization from a police officer; provided, however, that the driver of a stalled or disabled vehicle not involved in an accident may authorize a tow truck operator to remove his/her vehicle when no police officer is present. (3) Prior to performing any non-consent tow or related service or on request of the owner or operator,furnish in writing to the owner or operator of the vehicle to be towed, a list of all charges that pertain to any towing services to be performed, including but not limited to: a. The fee schedule to be charged for the towing of a vehicle within the city limits. Fees related to towing of a vehicle outside of the city limits shall be by agreement between the tow company and the owner or operator of the vehicle to be towed. b. The method of payment of the fee. C. The name of the tow company picking up the vehicle. d. The telephone number(s) at which the tow company may be contacted. e. The location to which the vehicle will be towed, if not specified by the owner, operator or agent of the owner of the vehicle. (4) Remove from the site from which any vehicle is removed all resulting wreckage or debris, including all broken glass unless otherwise directed by a police officer. "Resulting wreckage or debris" does not include the towed vehicle's load or cargo. (b) Towing company. The towing company shall: (1) Ensure that their tow truck arrives at the requested scene within thirty(30) minutes of notification. (2) Keep full and complete books or records in accordance with sound business practices related to each and every non-consent vehicle tow pursuant to this article. (3) Permit any inspector or officer designated by the chief of police to, during normal business hours, inspect the premises, tow equipment, storage facilities, records of vehicles towed and records of fees and charges of each non-consent tow. Section 7. That Chapter 29, Article IV, Section 29-76, be and the same is hereby amended to read as follows: Sec. 29-76. Penalties; fines. (a) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). Each day such violation is permitted or continued to exist shall be and is deemed to constitute a separate offense. (b) Any violation charged pursuant to this section shall be independent of and may be in addition to any administrative penalties which may be imposed regarding the suspension, revocation or denial of any permit or license granted under this article. (c) Missed call penalties: (1) Two (2) missed calls in a calendar month will result in a seven (7) day suspension from the rotation list. (2) Three (3) missed calls in a calendar month will result in a fifteen (15) day suspension from the rotation list. (3) Four(4) missed calls in a calendar month will result in a thirty(30) day suspension from the rotation list. (4) Five (5) missed calls in a calendar month will result in a one (1)year suspension from the rotation list. Section 8. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,and to such end the various portions and provisions of this ordinance are declared to be severable. Section 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 10. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont,Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 22nd day of December, 2009. 10 - -Mayor Becky Ames - 8ltt t 4:,-ii. t �.�.