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HomeMy WebLinkAboutORD 85-48 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTERS 26 AND 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 26, Sections 26-40 ( b) and (c) 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 and call that wrecker company to send that wrecker company to remove said motor vehicle. The police communications officer shall make such selections on a rotational basis from a list of all wreckers which have a permit issued in accordance with subsection (c) . Section 26-40(c) : Each wrecker company desiring a permit to remove vehicles from the streets under the circumstances enumerated in subsection (a) shall make application to the chief of police, or his designated representative, in writing on a form provided for that purpose by the police department. Such application shall contain the name, address and telephone number of the applicant and shall show that all the terms and conditions of subsection (d) have been complied with. D Every application, when filed, shall be sworn to by the applicant. No permit shall be transferrable and every permit shall expire on the last day of February of each year. There will be no charge for such permit. Section 2 . That Chapter 29 , Sections 29-72(d) , 29-73(d) and (e) , 29-74, 29-75( a) (3 ) , 29-79( 2) and (6 ) , 29-80, and 29-82(a) of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 29-72(d) : Term. A permit year shall be from March 1st to the last day of February of each year. Section 29-73(d) : Renewal. Emergency auto wrecker permit year shall be from March 1st to the last day of February of each year with renewal of an annual basis during February . Renewal permits shall be granted by the police department upon the payment of the fees called for in paragraph ( 2 ) of subsection (e) of this section, hereinbelow, and only after proof of inspection by the wrecker inspector has been presented; provided, however, the police department may , in its discretion, issue a renewal permit to a wrecker owner when the wrecker is not capable of passing inspection in such instances where the wrecker has been damaged by accident, theft, arson or similar casualty losses. It is further provided that even though said renewal permit shall be issued in the instances specified hereinabove, said renewal permit shall not be placed on the no-preference rotation list until the wrecker for which said permit was renewed or the replacement thereof shall have passed the inspection requirements of this article. Renewal may be refused for any of the reasons set out in Section 29-76. 2 - r o Section 29-73(e) (1 ) : At the time original application for an emergency auto wrecker permit is granted, the applicant must pay a fee of Two Hundred Dollars ( $200) for each vehicle included within said original permit. Section 29-73(e) (2) : Each year after the permit is issued, each licensee hereunder shall pay an annual fee of One Hundred Dollars $100) 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. Section 29-74: 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 contain such information of identification as is determined to be necessary by the police department. Emergency auto wrecker permits shall be of a different color than auto wrecker permits. Permits must be attached to the windshield to be valid. The permit must be attached in the center of the windshield under the rear view mirror area. Section 29-75(a) (3 ) : A fee of Fifty Dollars ( $50) will be charged for each permit transferred. Section 29-79( 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. There should be at least four ( 4 ) in number. Section 29-79(6 ) : Flat blade shovel and ax. 3 - Section 29-80: Each auto wrecker and emergency auto wrecker shall have the name under which that wrecker is operated on both sides of said wrecker in letters of contrasting colors, not less than three ( 3 ) inches in height and not less than 5/16ths of an inch in stroke of permanent type letters, that will weather the elements and shall be kept legible at all times. Material such as scotch-line, trim-line or other such material will be considered as permanent signing. Magnetic or stick on letters are not permanent signs. A wrecker will not have the name of more than one company on the side, except if that wrecker owner permits the wrecker under a company he picks up for, he may put that name on the side of the said wrecker. Section 29-82(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 investigating such accident or collision shall request the driver of such vehicle to designate a wrecker company which has emergency auto wreckers 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 that company wrecker to the scene or site of such collision or accident. If the wrecker belonging to the company called is not available, then the dispatcher will call the next wrecker company on the rotation list. 4 - Section 3 . 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 4 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5 . 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 this the day of � 1985. /law. z Mayor - 5 -