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HomeMy WebLinkAboutORD 57-DDAN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE CODE OF ORDI- NANCES OF BEAUMONT, TEXAS., BY ADDING.A CHAPTER, TO BE NUMBERED CHAPTER 41A; REGULATING THE OPERATION OF WRECKERS IN THE CITY OF BEAUMONT, TEXAS; DEFINING CERTAIN WORDS AND PHRASES; PROHIBITING THE FOLLOWING OF AMBULANCES AND POLICE CARS IN A WRECKER; PROHIB_ ITING THE PARKING OR STOPPING OF WRECKERS AT THE SCENE OF AN,ACCIDENT UNLESS SUCH WRECKERS HAVE A PER- MIT ATTACHED THERETO AND HAVE BEEN CALLED AS HEREIN PROVIDED; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS ON PUBLIC STREETS; PROVIDING A PROCEDURE FOR CALLING FOR WRECKER SERVICE; PROVIDING REGULATIONS FOR THE OPERATION OF WRECKERS; PROVIDING FOR THE ISSU- ANCE OF PERMITS FOR WRECKERS.; ESTABLISHING REQUIRE- MENTS FOR THE ISSUANCE OF WRECKER PERMITS; SPECIFYING THE REASONS. FOR WHICH A WRECKER PERMIT MAY BE REVOKED; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED.BY THE CITY OF BEAUMONT, TEXAS: 1. That the Code of Ordinances of Beaumont, Texas, be, and the same is hereby, amended by adding a chapter, to be numbered Chapter 41A, which said.' -chapter reads as follows: "Chapter 41A - Wreckers ?'Section 41A --1. Definitions. (a). By the term tstreett 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 trauel. (b) By the term ?vehicles is meant -every device in, upon, or by which any person.,or property is or may be transported or drawn upon a highway, ex- cept devices moved by human power or used exclu- sively upon stationary rails or tracks. (c) By the term ?motor vehicle? is meant every vehi- cle that is self propelled but not operated upon rails. (d) By the term twreckert is meant any motor vehicle used for the purpose of towing or removing dis- abled or wrecked vehicles. (e) By the term twrecker business? is meant the busi- ness of towing or removing disabled or wrecked vehicles on the public streets,regardless of whether the purpose of the towing is to remove, repair, wreck, store, trade, or purchase such disabled or wrecked vehicles. (f) By the term 'wrecker companyt is meant any person engaged.in the wrecker_; business. ?'Section 41A-2. Following ambulance, etc. prohibited. No person shall follow in a wrecker any ambulance or police car which is traveling on a public street in re- sponse to a report of an automobile collision or accident. "Section 41A-3. Stopping or park Prohibited: exce at scene of a-ccide: ons No person shall stop or park a wrecker within 300 feet of the scene or site of a vehicle accident or collision while:any vehicle disabled, damaged, or wrecked in such ac:. cident or collision remains at such scene or .site. The provisions 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 wrecker by the Chief of Police; and, (b) Is called to the scene or site.of an accident or collision by the police department of The City of Beaumont. It shall not be necessary for a complaint charging a violation of this section to negative the exception herein set forth, -but this exception may be urged as a defense by any person charged by such complaint. "Section 41A-4. Soliciting on streets prohibited. No person shall solicit in any manner,. directly or in- directly, on the streets of The City of Beaumont. the busi- ness of towing, removing, repairing, storing, wrecking, or buying any vehicle which is -wrecked or disabled on a public street. "Section 41A-5. Procedure for calling wrecker. 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 the driver desires"to remove such vehicle and which operates a wrecker or wreckers for which the permit described by Section 41,A, 7 has been,,.bbtained. When the driver.has designated the wrecker company desired, the police officer shall communicate that fact immediately to_ the police communications officer on duty at. police headquarters, and it shall be the duty of such communications officer to call the designated wrecker company t,o send a wrecker to the scene or site of such.accident or collision. In the event such driver is physically unable to designate a wrecker com- pany, or refuses to designate one, the police officer in- vestigating the accident or collision shall notify the police communications officer of such fact, and the said communica- tions officer shall select a.wrecker company and call that wrecker company to send a wrecker to the scene or site of r 2«. .q such collision or accident. The communications officer shall make such selections on a rotation basis from a. list of all wrecker companies which operate a wrecker or wreck.- -ers for which the permit described by Section 41A"7 has been. -obtained. 1'Section 41A-6. Regulations of operation. (a) No driver of a wrecker shall remove any wrecked, damaged or disabled vehicle which has been in- volved in an accident or collision from the place where -such accident or collision has occurred, or attach his wrecker to such wrecked, damaged or disabled vehicle until the police officer investi- gating such accident or collision shall have com- pleted his investigation. (b) It shall be the duty of the driver of each wrecker that removes a wrecked, damaged or disabled vehi.. ,cle from the place where an accident or collision has occurred to. clear the street of any•and all debris, parts or glass. "Section 41A«-7. Wrecker permit; application. Every person desiring to obtain a.permit for a wrecker shall make application in writing on a form provided for that purpose to the chief of police. Such -application shall contain the name, address and telephone number of the applies cant, the owner of the wrecker for which the permit: is to be issued, and the telephone number at which calls for wrecker service from the police communications officer will be re- ceived. Every application when filed shall be sworn to by the applicant and shall be accompanied by a permit fee of $25.00. In the event, however, application for such a permit is.made prior to December 31, 1961, then such permitfee shall be in the amount of $2.00 for each month or part thereof prior to December 31, 1961, that such.application is made. No per- mit shall be transferable an&:e.very permit shall expire on the 31st day of December of the calendar year in which issued. Every permit shall be affixed securely to the inside of the windshield of the wrecker for which such permit is issued. "Section 41A-8. Requirements for wrecker permits. Nopermit shall be issued for a wrecker: (a) Unless there -is in. full force and effect a policy or, policies of public liability and property dam- age insurance, issued by a casualty insurance company authorized todo business in the State of T.exas,,and in the standard form -approved by the Board of Insurance Commissioners of the State of Texas, and the coverage provision insuring,the public from any loss or damage that may arise to any person or property by reason of the operation of a wrecker of the owner of the wrecker for which such permit is to be issued, and providing that the amount of recovery on each wrecker shall be .in limits of not less than the following sums: (1) For damages arising out of bodily injury to or death of one person in any one accident, $10,000.00; -3" r .w K .. (2) For damages arising out of bodily injury to or death of two -or more persons in any one accident, $20,000.00; (3) For any injury to or destruction of property in.any one accident, $10,000.00. (b) If any delinquent taxes are due the City upon any wrecker operated in the applicant's wrecker busi ness, or if the owner thereof has failed torender same for ad valorem taxation. (c) If a.permit issued for a wrecker owned by such owner or operated by such applicant has.been re- voked within�he two calendar years preceding the date of application -described herein. (d) Unless the -wrecker for which such permit is to be issued is of not less than 3/4 ton in size and is. equipped with booster brakes. (e) Unless. the- wrecker for -which such permit is issued is -equipped with a power or hand -:-operated winch. - .line and boom, with a factory"rated lifting.capa- city (or a tested capacity) of not less than 5,000 pounds, single --line capacity. (f) Unless the wrecker for which such permit is issued carries as.standard equipment: towbars,'safety chains; wrecking bars, brooms, an axe, and a fire extinguisher. (g) If a shortwave radio attuned to the shortwave radio frequency of the police department or the shortwave radio frequency of the fire department is installed in suchwr.e.cker. "Section 41A"9. Revocation of wrecker permit. A wrecker permit may be revoked by the Chief of Police upon a determination by him that: (a) The owner of the wrecker for which such permit was issued or any employee or -agent of such owner, or the applicant for such permit or any employee or agent of such applicant.has violated any pro- vision.of this chapter•within the sixty (60) days immediately preceding the date of revocation; (b) The owner of the wrecker for which such permit was issued or the applicant for.such permit is failing to comply and to maintain -such wrecker in compli- ance with the requirements set forth in Section 41A--8 for the issuance of such permit; or (c) The owner of the wrecker for which such permit was issued or any employee or agent of such owner, or the applicant for such permit or any employee or agent of such .applicant has been convicted, within sixty (60) days immediately -preceding the date of revocation, for a moving violation of the traffic laws of the State of Texas, or.its political sub- divisions, provided that such moving violation occurs while the violator:-_' is driving or operating a wrecker for which a permit has been issued under the provisions of this chapter. -4- (d) The owner of the wrecker for which such permit was issued or any employee or agent of such owner, or the applicant for such permit or any employee or agent of such.applicant has used information received from a broadcast on the shortwave radio frequency of the police department or fire depart- ment for his own benefit or for the benefit of another person in connection with the operation of a wrecker business, within the sixty (60) days immediately preceding the date of revocation. "Section 41A.-10. Penalty. -„.Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed two hundred ($200.00) dollars." 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 invalid, such invalidity shall in no Wise affect the remaining portions of this ordinance, and to such end various portions and provisions of this ordinance are declared to be severable. 3. That all ordinances or parts of ordinances in conflict here- with are hereby repealed. PASSED by the City Council this �.� day of A. D. 1961. J: Mayor - Beaumont, Texas May 23, 1961 Honorable Cliff H. LeBlanc, Mayor and Members of the City Council City of Beaumont, Texas Dear Sirs: We, the undersigned, being the respective owners of Lots 6 and 7 of Block 1 and Lots 1 and 8 of Block 2 of the Glover Anderson Addition to the City of Beaumont, Texas, respectfully request that Otey Street be -closed. . Otey Street is one block in length, lying in a North and South direction, commencing on the North with its intersection of Butlin Street and terminating on the South at its intersection with Brockman Street. We request that Otey Street be closed in the manner permitted by the Code of the City of Beaumont and Article 11?5(18) of Vernonts Annotated Texas -Statutes. So far as we know, with the exception of a sewer line there are no utilities in the way of Otey Street. Although Otey Street has been dedicated, it has never been improved or used by the general public, so far as we know, therefore, the closing of Otey Street at this time will not inconvenience the general public. In the event the Street is improved, the cost of the improvement and mainte- nance thereof will become an added burden to the taxpayers of our community. If additional information is required in connec- tion with this application, please advise and we will be happy to furnish same. Very truly yours, ARTHUR DOOLEY AND -C - - By, cc: Mr. Jack Jeffries City -.Manager Beaumont, Texas SON, INC. UNITED 13AS CORPORATION DI TRIBUT O DIVISION eaamon�, exas June 16, 1961 C®1®14®A Mr. J. D. Martin City Engineer, City of Beaumont Beaumont, Texas Dear Sir® United Gas Corporation has no facilities on Otey Street between Butlin Street and Brockman Street, Beaumont, Texas. - : United Gas Corporation has no objection to the complete abandonment of the above mentioned street. Yours very truly, A, L. Storey Division Engine _ ALS®pep cc: Mr. Ross Walker !Ze- 4-01- �a ��.._ •, 1to ..1 GULF STATES UTILITIES COMPANY C SE LOCK D RAW.E R 2 951 BEAUMO N T - June 16, 1961 T E X A S Mr. J. D. Martin City Engineer City of Beaumont City Hall Beaumont, Texas Dear Mr. Martin: We were requested by you in a letter dated June 2, 1961) to give our acceptance to the closing of Otey Street in the City of Beaumont. We have examined in the field this street and find that we do not have nor do we contemplate ever building any electric facilities in this street. Therefore, we have no objections to the closing of Otey . Street: JEM:pj- cc: Mr. F . R. Smit h Mr. A. L. Stahl Mr. F. L. Davis Yours very truly, `Rex Manager Beaumont Division INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: June 25 1961 To: Mr. Harvey Trahan, Superintendent Street & Bridge From: J. D. Martin, City Engineer. Subject: Otey Street from the south line of Butlin Street to the north line of Brockman Street be closed and abandoned. COMMENT: The City of Beaumont has received a request from the abutting property owners that Otey Street from the south line of Butlin Street to the north line of Brockman Street be closed and completely abandoned. The attached sketch shows in a red color this proposal. I would appreciate very much a letter from your company stating it has no existing utility in Otey Street, does not contemplate placing any, and has no objection to its being completely abandoned. e ?J.D, Martin INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: June 6, 1961 To: Mr. J. D. Martin, City Engineer From: U. Hill, Field Supt. Water & Swg. Dept. Subject: Otey Street from the south line of Butlin Street to the north line of Brockman St. be closed. COMMENT: .The Water Department has no water line in Otey Street from Butlin to Brockman as shown in red on the attached print. We have no plan to install any line in this street, and no objection to its being completely abandoned. LJTLl la JT 0 ,c I 0 ST