HomeMy WebLinkAboutORD 75-5ORDINANCE NO. '7§-
ENTITLED AN ORDINANCE AMENDING CHAPTER 41A
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT, TEXAS, BY ADDING NEW SECTIONS 41A-1
THROUGH 41A-21; REGULATING ISSUANCE, TRANSFER
AND REVOCATION OF AUTO WRECKER PERMITS AND
EMERGENCY AUTO WRECKER PERMITS; REGULATING
OPERATION OF WRECKERS; ESTABLISHING A PROCE-
DURE FOR CALLING WRECKERS; PROVIDING FOR
EQUIPMENT ON WRECKERS; PROVIDING FOR IDENTI-
FICATION OF WRECKERS; REGULATING STORAGE AND
INSURANCE; PROVIDING DEFINITIONS; PROVIDING
FOR EXCEPTIONS; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR THE ISSUANCE OF EMERGENCY AUTO
WRECKER PERMITS TO THOSE OWNERS OF VALID EMER-
GENCY AUTO WRECKER PERMITS AT THE EFFECTIVE
DATE OF THIS ORDINANCE; PROVIDING FOR SEVERA-
BILITY; PROVIDING FOR REPEAL; AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 41A of the Code of Ordinances of the City of =
Beaumont be amended to read as follows:
Section 41A-1.' 'Defiriitions.'.
(a) Person. By the term 'person' is meant
any in ivl ual, firm, partnerhsip, associa-
tion, corporation, company or organization
of any kind.
(b) Street. By the term 'street' is meant
the entire width between the boundary lines
of every way publicly maintained when any
part thereof is open to the use of the public
for purposes of vehicular travel.
(c) Vehicle. By the term 'vehicle' is meant
everyetc vice in, upon, or by which any person
or property is or may be transported or drawn
upon a highway, except devices moved by human
power or used exclusively upon stationary rails
or tracks.
(d) Motor Vehicle. By the term 'motor vehicle'
is meant every vehicle that is self propelled
but not operated upon rails.
(e) Auto Wrecker. The term 'auto wrecker' shall
mean Iany motor ve icle'us'e'd for 'the purpose of
towing, pushing, or otTerwi.se transporting any
motor vehicle which has been disabled in any
manner, from one place to another for any purpose,
including but not limited to the purpose of wreck-
ing, storing, or repairing the vehicle, arid Which
shall not appear at the scene of aii acci ent w ere
a vehicle has been wrecked. The term 'auto
wrecker' shall not be construed to include a
service car or other vehicle not equipped with
mechanical devices for transporting wrecked
vehicles and not used for such purposes, such
as service cars equipped with compressed air
containers and tools for performing minor re-
pairs not involving towage or transportation
of disabled vehicles. The term 'auto wrecker'
shall not be construed to include vehicles used
-by persons towing, carrying and storing totally
wrecked or disabled vehicles for the-'salvage
pool' business. The salvage pool business is
that business of collecting and storage at one
central point totally wrecked or disabled vehi
Iles belonging to an insurance company. This
exception shall not authorize evasion of this
article and if any vehicle, although not equipped
with devices primarily used for towing wrecked
or disabled vehicles, is actually used for such
purposes through means of ropes, chains, or other-
wise, the same.shall be considered an 'auto
wrecker', within the terms of this article.
(f) Emergency Auto Wrecker. The term 'emer-
gency auto wrecker, s a mean an auto wrecker
which appears at the scene of an accident where
a vehicle has collided with another vehicle or
other object or which has been wrecked or dis-
abled in any manner for the purpose of towing,
removing.or hauling away,t e wrecked vehicle or
vehicles from the scene of the accident.
(g) Wrecker Business. By the term 'wrecker
business' it is meant the business of towing or
removing disabled or wrecked vehicles on the
public str.eets, regardless of whether the pur-
pose of the towing is to remove, repair, wreck,
store, trade or purchase such disabled or wrecked
vehicles. To be a wrecker business within the
meaning of this ordinance, the business must be
established within the city limits of the City
of Beaumont, Texas.
(h) Wrecker Driver. The term 'wrecker driver'
means any in ivi ual who actually operates and.
drives any auto wrecker or emergency auto wrecker
on the streets of the City, either on his own ac-
count or in the employ of another.
(i) Permitted Wrecker. The term 'permitted
wrecker re ers to any automobile wrecker or
emergency auto wrecker as defined herein which
has received a permit that is still in effect
under the terms and conditions of this ordinance.
(j) No 'Prefererice List. The term 'no preference
list' sHaTI reTer to a list of permitted emergency
auto wreckers maintained on a rotation basis by
the police department.
(k) Wrecker Inspector. The wrecker inspector
shall--e a person appointed by the Chief of Police
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to serve the function of conducting annual in-
spections of wrecker vehicles pursuant to the
granting of new or renewal wrecker permits for
both regular and emergency wrecker service, and
to perform any and all other functions necessary
to effectuate the purposes of this article.
(1) Gross Incompetance. Any activity or lack
of.-acti.vity on the part of any person who con-
stitutes gross ignorance or gross carelessness
in discharge of any duties or obligations under
the terms and provisions contained in this ordi-
nance.
(m) Wrecker. Any vehicle equipped and capable
of towing another vehicle along -a roadway.
Sec.'41A-2. Following ambulance, police car
prohibited.
No person shall follow in a wrecker any ambulance
or police car which is traveling on a public street
on an emergency run.
Sec. 41A-3. Stomping, parking at scene of acci-
dent prohibited; exceptions.
No person shall stop or park any wrecker within
three hundred (3001) feet of the scene or site of
a vehicle accident or collision while any vehicle
disabled, damaged, or wrecked in such accident or
collision remains at'such scene or site. The pro-
visions of this section shall not apply, however,
to any wrecker that:
(a) Has attached to the windshield of such
wrecker a valid permit issued,for such emergency
auto wrecker; and,
(b) Is called to the scene or site of -the acci-
dent or collision by'the Police Department of the
City or has been given clearance by the Police De-
partment to be at the scene or site of the accident
or collision.
It shall not be necessary for a complaint charging
a violation of this Section to negative the excep-
tion herein set forth, but this exception may be
urged as a defense by any person charged by such
complaint.
Sec. 41A-4. Soliciting on streets prohibd ted.
No person shall solicit in any manner, directly
or indirectly, the business of towing, removing,
repairing, storing, wrecking or buying any vehicle
which is wrecked or disabled on a public street.
Sec. 41A-5. Procedure for calling an emergency
auto wrecker.
(a) 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 inves-
tigating such accident or collision shall request
the driver of such vehicle to designate a wrecker
company which has emergency auto wreckers per-
mitted under this ordinance. 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 desig-
nate a wrecker company or refused to designate one,
the police officer investigating the accident or col-
lision shall notify the police communications offi-
cer of such fact and the said communications officer
shall select a wrecker from the no -preference list
in 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 emer-
gency auto wrecker summoned by the police communi-
cations officer shall have the sole responsibility
of removing the wrecked vehicle and clearing the
right of way, except as stated below.
(b) If assistance is required, the wrecker opera-
tor and not the Beaumont Police Department, shall
summon additional wrecker vehicles; provided, how-
ever, the police officer on the scene of the acci-
dent has the right to.summon another wrecker in
the most reasonably expedient manner when an emer-
gency situation exists as defined in Section 41A-15
hereof, or in those instances where in the opinion
of the police officer the wrecker operator is act-
ing in a grossly incompetent manner as defined in
Section 41A-1(1). Such additional vehicles as are
summoned by the original wrecker'operator must be
qualified and permitted as emergency auto wreckers
under the provisions of this ordinance, and said
permit must be prominently displayed upon said
wrecker or wreckers. Wreckers summoned and not so
qualified are subject to the sanctions and penal-
ties contained in this ordinance.
(c) It is further provided that in those instances
where the police officer at the scene is empowered
by paragraph (b) hereinabove to summon additional
or substitute wreckers, if such wrecker or wreckers
are permitted emergency auto wreckers, they shall
lose their next turn on the non -preferential rota-
tion list maintained under paragraph (a) herein-
above.
erein-
above.
Sec. 41A-6. Regulations of operation of emergency
auto wreckers.
(a) No driver of a wrecker shall remove any wrecked,
damaged or disabled vehicle which has been involved
in an accident or collision from the place where such
accident or collision has occurred, or attach his wreck-
er to such wrecked, damaged or disabled vehicle until
directed to do so by the police officer, or until the
police officer investigating such accident or collision
shall have completed his investigation.
(b) It shall be the duty of the driver of each
wrecker that removes a wrecked, damaged or dis-
abled vehicle from the place where an accident
or collision has occurred to clear and remove any
and all debris, parts or glass accumulated as a
result of the accident or collision from the
street. In the event two or more wreckers pick
up vehicles for towing, it shall be the duty of
each driver to clear and remove debris, parts or
glass from the street.
Sec. 41A-7. Required equipment for all wreckers.
All auto wreckers and emergency auto wreckers, be-
fore being permitted by the City of Beaumont, shall
be provided with the following equipment which
equipment shall be adequate for the purpose for which
it is designed and shall further be kept in useable
condition at all times, and the wrecker shall be
operational.
(1) Fire extinguisher. Such fire extinguishers
being defined as that piece of equipment commonly
carried to extinguish fires caused as a result of
an auto accident or collision. Such fire extinguis=
her shall be a standard type, chemical fire extin-
guisher designed to combat motor vehicle fires.
The decision of the City Fire Department with re-
spect"to the adequacy of any fire extinguisher
shall be final.
(2) Parking flares. Such parking flares being
defined as that piece of equipment commonly used
in motor transportation as a fuse -type flare to
warn of an obstruction on the highway.
(3) Tow bars. Such tow bars being that piece of
equipment sometimes known as the A -frame, which is
a part of the auto wrecker and is used to hold a
vehicle, which has been elevated for towing, rigid
and to prevent swinging of such raised vehicle as
it is being towed. When a vehicle is being towed,
the tow bar shall be in place to prevent swinging.
Such tow bar shall be attached to a rubber sling
or such sling so constructed so as to prevent
damage to a towed vehicle.
(4) Broom. Such broom being that piece of equip-
ment commonly known as a shop or push broom with a
head not less than twelve (12") inches in width.
(5) Wrecking bar. Such wrecking bar being a piece
of equipment commonly used on wreckers not less
than thirty-six (36")� inches in length.
(6) Shovel, ax and first aid kit.
(7) Winch and boom. Such winch being a power
operated winch line and boom with a factory rated
lifting capacity (or a tested capacity) of not
less than five thousand (5,000) pounds, single line
capacity and a boom not less than five (5) feet in
length; winbh operating controls must be operable
from either side of the truck and from inside the
cab.
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- (8)' Booster brakes. and size.' No wrecker shall
be .permitted which is less. than three-au,q.rters
-
ton in size and is not-- 'equipped' with booster
brakes'...
(9) . Two safety chains. Such s-afety .chains be-
ing .not less ;than- seven (71) . feet -in length each,.
arid, having . a minimum. factory . te's.t '- strength of
eight thousand. (8,000) -pounds each.
(10) : Rope. One rope ''O'f at least tern (10' ). feet
in length and capable of-hoisting one thousand
(1,000) pounds.
Sec. 41A=8. Perini t. for. auto wreckers:".
(a) It shall,...b& unlawful for. any person,`to` drive
or,.operate' or, cause to.;be driven-or operated. any
auto wrecker'upon any public stree t'in the City
for the .purpose,of , towing r or.- hauling . dis ab led
vehicles 'without having ,first obtained ' an auto-'
wrecker` permit .from the City duly issued to such
owner. to operate an auto wrecker on the streets.
of the City under the., 'terms and provisions .of
.this section; provided.thatthe: holder of an
:. emergency auto wrecker permit under Sec. 41A-9—
of-,'",this article shall. n,ot be required to obtain ,;
- an `auto wrecker permit under this .section,,-,Iand :
- further' provided that. the owner.-of any wrecker
residing out of the:city limits of Beaumont shall
be allowed to.:enter .the City, of Beaumont to pick.`
up a disabled vehicle' at any place other than, the
- scene or site.-of a.wreck or accident and trans-
port said: vehicle;'ou't" f the.. City of. Beaumont or
tran'sport'=-into or through the 'City°`of Beaumont'
.such a disabled vehicle.
-(b-) Application.: Any. owner .desiring to operate
an -auto wrecker :in'the City shall .apply . in. writing .
for a permit to, the. :City,- Clerk's .office, andshall
furnish,the.following,information in,this'.applica-.
to on
(1) The name, and .addr.ess ..oI, the owner. If.. an.
individual -the app-lic"ation 'shall so -state. Lf-..a-
"
partnership, the. partnership name and address shall.,,
be,: given togeth-er with the .names. and addresses` .of -
all partners.-.hf a` corpora tion the,c.orpor,at:e:name
and office address shal'1 -be` given, together with'
the. names and-addresses- of. the :pre s-i.dent and secre-.
tart'
(2) The number of .auto wreckers the :applicant
- desires to operate, -listing the, make, - model, motor ,
. number- and. correct state - li-cense: number 'of each -
.auto -wrecker.
" (3) The true - ownership. of:each aut.o..wre cker
If -not owned otitright.'by- the' owner, the name and'
address and the. true..owner shall. be given.. If .the
-
auto, wrecker is operated` under"
nder the terms of a con-
" tract .with some` other .company than the'owner,. a
copy of the contract- shall also be attached..-
(4) That the owner will obey the provisions
of this article and of all other ordinances and
statutes applicable to'motor vehicles..
An application under this section shall be signed
by the owner. If a partnership, it shall be
signed by a member of the firm. If a corporation,
it shall be signed by the president and attested
by the secretary. In all cases, the person sign-
ing shall execute an affidavit, on the application
form, that the statements contained in such affi-
davit are true and correct.
(c) Fee. The fee for an auto wrecker permit shall
be Twenty -Five and No/100 ($25.00) Dollars per year
for each auto wrecker proposed to be operated by
the applicant. A permit year shall be from January
1 to December 31 of each year. If a permit is
granted subsequent to the 31st day of Dezember in
any permit year, the fee shall be paid pro rata
for the balance of the year, and any portion of a
month shall be considered as an entire month in
calculating the fee to be charged. By 'month' is
meant a calendar month; that is, from the first
day of one month to the. last day of the same month.
Sec. 41A-9. Permit for emergency auto wreckers.
(a) It shall be unlawful for any person to drive,
operate or cause to be operated any emergency auto
wrecker upon any public street in the city tor t e
purpose of towing or hauling wrecked or disabled
vehicles, either for hire or as an incident to ob-
taining the business of storing, wrecking or re-
pairing such wrecked or disabled vehicles, away
from the sceneof the accident where the wrecked
or disabled vehicles have collided with any other
vehicle or other object or which have been wrecked
or disabled in any manner without having first ob-
tained an emergency auto wrecker permit from the
City of Beaumont duly issued under this section
to such person to operate an emergency auto wrecker
on the streets of the city.
(b). In any prosecution of the owner for a viola-
tion of subsection (a) of this section, proof that
an owner's emergency auto wrecker, for which a per-
mit has not been issued, was present at the scene
of a collision or accident in which a vehicle was
wrecked or disabled shall constitute prima facie
evidence that such owner was operating or causing
to be operated his auto wrecker as an unpermitted
emergency auto,wrecker, but. the person charged shall
have the right to introduce evidence to prove that
the owner or owner's agent or police department
summoned him to the scene of the accident upon a
public street.
(c) Application Generally. An owner desiring to
operate an emergency auto wrecker in the City of
Beaumont shall make application to the Beaumont
Police Department for the issuance of an emergency
auto wrecker permit. -Such application shall be
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If
1.7s
.."submitted on forms furn.ished__ by the_ .Bbaumon.t
Police. Department, and -the- applicant shall
furnish -..the fol=lowing.proof and information
with his, application, which" shall be sworn to
before .a "notary. public: _ .
(1') That .the owner making"application is a
`citizen 'o.f . the ' Unite.d States ; -has attained th.e
age -of =eighteen.-. (18) years., and is. able to read
and. -writet :e- English language.'.
(2) Thee name •and_ addr;e'ss..of-,the_owner shall be
stated;- and if. the 'eme'rg:ency:..:auto wrecker is t,o....
be operated .under the `name=of..some other company
than .the name; of the own er.,_= then the name. of the
company shall, .st�ated`;:.::..Accompanying the.-appli'
cation .shall b'e. a' s.ign'ed copy: of the agreement
--'and contract between " they.` ownter afiA, the company
in whose 'name the eme`r'gency auto wrecker. is to
operate. T.hepermit shall ;be: issued- .in •the j pint
names •and:no transfexr £rom one company to another
company. by- the 'owner, shall b.e permitted, -.,until .
the Beaumont Po 11 ce'.`Dep.a:rtrrien;;t` has. been notified-..,. `
in •wri.t"ing and a signed copy of` the' new contract
and: agreement has` been submitted -to it for appro-
val;. I`f ari indvidual;,'the application shall so
: state. If.a'p,artnership., the' partnership,name and
address :shall be given',, --together with-. the names- and
addre'ss'es of all partners . '. If a'° corporation, -the'
corporate name and offic-,e., address shall b.e given:
together with the names' d addresses of the -presi'-
: dent and secretary.
(3) Th'e.' application.shal-1:'.stat6 :-.the: number of_
emergency auto wreckers. the owner desires to ope-
rate , and sha11 '.lis.a .the,. make:; _ model, motor' number
and -.correct state license number'.of each vehicle
to. be operated by, the .'appli.cant as. an. eme.r-gency .
aut-o''wrecker; "'or'.shal`T agree, to .furnish such. in-
formation if a -permit is:, granted.
(:4) Renewal.. Emergency auto wrecker permits
shall be renewed:.on.'an annua1;,basis.,, during the. "
'month of "February.. Renewal permits shall, he
granted by the Beaumon't',Poli.ce Department, izp.on
the payment. of ,the fee -s.: called for in Section. -
41A_ 14
ection41A=14 (b) hereinbelow''', and only . after: proof of
inspection by .the- Wrecker Inspector. has be.en pre-
se'nted.:'.Provided,' however, the:.Police Department'
may, in -'its discretion; issue a renewal .permit to.
a wrecker owner',when the. wrecker 'is -.not capable
o£ passing inspection in such instances .where the-.
wrecker has-been dam.agedl-by accident., theft, arson,'
or- similar. casualty josses.,. It-' is- further provided
that even though-sai.d'."renewal permit shall be issued
in -,the instances' specified hereinabove;. said renewal
-permi't shall "not- be: "..palated on- -the "no- pre' ference- :r.ota=
tion list until .the. wrecker for which .said permit -
was renewed__ or.`the.,replacement thereof,: shall', have
pas"sed. the inspection. requirements of this ordinance.
Renewal may be "r,e:fused for any , of .the reasons set,
out in,:Sect4on 41A-11.
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0
Sec.. _4 1A=:10:.: I ns'ur anc`e.. .
Before ,'any permit "shall be 'issued .under this
article to any..owner of an auto wrecker or
emergency, auto wrecker: or-:be_fore•, any,--. renewal
of said permit shall .b'e grarite:d, the owner
shall -file with •the : City, Clerk of the - City of -
Beaumont a.certificate showing: -that the owner
has in effect a• poli.cy"or •.pp.lici,es .of."public
liability and property damage„ insurance, issued
by a. -casualty insurance company- authorized to
'do business .in the..State of Texas:; and .in the
standard
form" �appro.ved by the State Board of
Insurance of Texas; and the cove:nage provision
insuring the' ;public .from any loss or damage
that may.arise-.to.any,person or property by
- ..reason of the' ,operation'. of a' wrecke-r for which
such permit is to be issued,'andproviding.that
the amount of recovery on._ each- wreckershall be,,
-in' limits of not less.than the. following sums:
(1) For.. damages aris-ing.. out, -,,of bodily .injury
to or. death o.f' one person. jn any, one accident
One H-undred Thousand and No/100 ($100,000.00)..
'Dollars; and,
(2) For -damages arising out. -of -bodily injury
to or death.' of two or -more persons in any. one
-accident One Hundred, Thoisand'.and No/10,0
($100;000.00) Dollars;: and,
(3). For- any..injury.; t.o. or .destruction .of .pro-
perty in any one. accident. Twenty -Five Thousand
and. No/100.($25,000.'00-) Dollars.
Sec. 41A-11. Revocat'io'n `of wrecker permit.
Any permit may be revoked by the Beaumont Police.
: Department upon, a de.termihati,on by it that
(a) The owner of the wrecker'for.which the -per
mit was issued,; or any. --employer or agent of.such..
owner las soli cite 'wrecker business 'in violation
of Sec..: •41A-4:.:
(b)' 'The -.owner.'. of _the. wrecker f.or which such per-
mit- was issued or the applicant for such permit
is failing t'b',.comply aiid ' maintain such wrecker.
in compl a.nce,with. the :requirements set forth An
Sec. 41A-7 for: the i,sssuance of 'such permit;
(.c)- .The owner of. the wrecker. for which ;much pe.r-
mit. was .issued. or, any employee .or agent of such
owner;., or the. `•applicant for such permit, or. the .
employee or'ag-ent of such applicant, has been con-
victed, within:_sixty' (6.0) days, ..*Immediately preced,-
ing the .date of re.voc.ation, of a.second moving
violation of the State of Texas its. :political
subdivision occurring in a: wrecker, within the.
twelve
.(12) month p.eyiod .'immediately 'p.receding the
.date of revocation.-shall:,.be ,a cause for..r.evoication
only when said: owner or applicant has written notice
,of the 'second'traffic ,violation : from. the Beaumont
Police, Department fourteen (1:4) -days'.p.rior to `revo-
cation:
(d) The owner of the wrecker for which such per-
mit was issued or any employee or agent for such
owner, or the applicant for such permit or any
employee or agent of such applicant has.used in-
formation received from a broadcast on the short-
wave radio frequency of.the Police Department or
the Fire Department for his own benefit or another
person in connection with the operation of a wreck-
er business, within the sixty (60) days immediately
preceding the date of revocation, or has such a
short-wave receiver attuned to the frequency of the
Beaumont Police Department in any wrecker.
(e) Gross incompetence, as defined in Section
41A-1(1) .
(f) The applicant for either an emergency auto
wrecker permit or an auto wrecker permit has fal-
sified or made misleading statements in the appli-
cation for said permit.
Sec. 41A-12. Transferability of Permits.
(a) A permit previously issued under this divi-
sion for an emergency auto wrecker shall be capa-
ble of being transferred by the permit -holder only
if the following terms and conditions are met:
1) Emergency auto wrecker permits may be sold,
transferred or assigned when the emergency auto
wrecker on which the permit is issued and attached
is sold or transferred; provided, however, the pro-
posed purchaser or transferee meet the minimum
standards and requirements established in Sections
41A -9(c) and 41A-10.
2) Emergency auto wrecker permits may be trans-
ferred without the sale of the wrecker vehicle in
such instances that the transferee meets the re-
quirements set forth in 41A -9(c) and 41A-10. Pro-
vided further that the new vehicle to which said
permit is to be attached be inspected and approved
by the Wrecker Inspector, in order to validate the
transfer.
b) Whenever an owner wishes to discontiue the use
of an emergency auto wrecker at a time other than
annual renewal period and replace it with another,
he shall file an affidavit stating that he has dis-
continued the permit, desires to use another emer-
gency auto wrecker in its place. He shall then
file new proof of insurance policy or certificate,
from his insurer, substituting the wrecker covered
by his -permit, with the other wrecker he desires to
use in its place. The Beaumont'Police Department
shall then issue the owner a supplemental permit
covering the new emergency auto wrecker and cause
the description of the old emergency auto wrecker
to be cancelled from the original permit. In the
insurance endorsement from the insurer and supple-
mental permit, the old and new emergency auto wreck-
er shall be described by make, model and motor num-
ber and state license number; provided, however,
the new vehicle must meet inspection requirements
of Sec. 41A-7.
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Sec. 41A-13.
19 7
Providing for payment of taxes.
(a) It shall be unlawful for any person to use
the streets of the city for the operation of an
auto wrecker or an emergency auto wrecker unless
the ad valorem taxes.on all property used and use-
ful in the furnishing of an auto wrecker and emer-
gency auto wrecker service shall have been first
paid.
(b) The owner or operator of any property used
and useful in -the furnishing of auto wrecker or
emergency auto wrecker service shall, on or be-
fore the lst day of February of each year, fur-
nish the Beaumont Police Department satisfactory
evidence that either all ad valorem taxes and other
taxes due the city have been paid when due or that
the owner or operator of any auto wrecker or emer-
gency auto wrecker service is contesting said taxes.
Sec. 41A-14. Fee.
The permit fee to operate an emergency auto wrecker
under the terms and conditions of this ordinance
shall be payable as follows, to -wit:
(a) At the time -original application for an emer-
gency permit is granted, the applicant must pay a
fee of $100.00 for each vehicle granted said origi-
nal permit.
(b) Each year after the permit is issued, each
licensee hereunder shall pay an annual fee of $50.00
per licensed emergency auto wrecker. The fee shall
be payable as stated above only after the wrecker
inspector has conducted his annual inspection of the
auto wreckers seeking to pay said renewal fee. Only
after the results of said inspections have been con-
sidered and approved by the Beaumont Police Depart-
ment will the applicant be entitled to remit the re-
newal permit fee; subject, however, to the exceptions
contained in 41A -9(c) (4).
Sec. 41A-15. Emergency Situations.
The Beaumont Police Department may in its discre-
tion in emergency situations,.as defined hereinbelow
summon in the most reasonable expedient manner, any
wrecker or othervehicle to the scene of an accident,
without regard to the rotation list. For the purposes
of this ordinance, an emergency is defined as follows:
If, in the mind of a reasonable and prudent police
officer, the situation is one in which lives or pro-
perty are in imminent danger or peril and the neces-
sity for speed outweighs the necessity of calling a
Qualified and properly equipped, permitted wrecker,
then an emergency shall be deemed to exist. In all
other instances, subject to the exceptions noted in
Section 41A-5, the police officer at the scene shall
be compelled to notify the communications officer to
dispatch a permitted wrecker on the rotation list.
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Sec. 41A-16. Identification of Wreckers by Name.
Each auto wrecker and emergency auto wrecker shall
have the name under which that wrecker is operated
on the side of said wrecker in letters not less
than three (3") inches in height of a permanent
type lettering.
Sec. 41A--17. Contents of Permit.
Auto wrecker and emergency auto wrecker permits
shall be of the type. that can be adhered to the
windshield of the wrecker. The permits will con-
tain such information of identification as is
determined to be necessary by the Beaumont Police
Department. Emergency auto wrecker permits shall
be of a different color than auto wrecker permits.
Sec. 41A-18. Cargo Insurance.
Each applicant must furnish the Beaumont Police
Department with proof that said applicant has
cargo insurance on each wrecker to be permitted
in the minimum amount of Five Thousand and No/100
($5,000.00) Dollars.
Sec. 41A-19. Exceptions.
This ordinance shall not be applicable to persons
who tow, carry or otherwise transport a vehicle
which they own.
Sec. 41A-20. Effective Date.
This ordinance shall become effective on the first
(lst) day of February, 1975.
Sec. 41A-21. Grandfather Clause.
Those persons who hold valid emergency auto wrecker
permits. on the 30th day of December, 1974, may ope-
rate under said permits until February 28, 1975.
Said owners may obtain emergency permits under this
ordinance without the necessity of the $100.00 ori-
ginal application fee required in Sec. 41A -14(a):
Section 2.
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 in no wise affect the remaining portions of this
ordinance, and to such end the provisions of this ordinance are declared
to be severable.
Section 3.
That all ordinances, or parts of ordinances, in conflict here-
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with are hereby repealed to the extent of the conflict only.
Section 4.
Any person violating any of the provisions'of this Section
shall be guilty of a misdemeanor and shall be punished in accordance
with Section 1-8 of this Code,
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PASSED
BY THE CITY
COUNCIL of the City of Beaumont this the
h
day of
, 19 7�
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