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of the City of Beaumont be, and the same is hereby repealed.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.
� �/�