HomeMy WebLinkAboutOrdinance - 9858-1995 - Repealing Section 27-181 Through 27-209 Ch 27 Article VI - 11/09/1995II ,, ! I
'I ! First Read ng I November 9 1995
1 Item #46
Second Reading
November 16~ 1995
Item fill
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ORDINANCE NO. 9858
AN RDINANCE REPEALING SECTIONS 27-181 THROUGH 27-209 OF
CHAPTER 7, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF
' LUBBOCK D ENACTING SECTIONS 27-181 THROUGH 27-192 IN LIEU THEREOF; I· PROVIDIN FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
I REAS, the Congress ofthe United States recently enacted legislation which
I, generally pr hibits states and political subdivisions of states from enacting or enforcing laws, , I regulations other provisions related to a price, route or service of any motor carrier; and
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II REAS, this legislation has the effect of deregulating the trucking industry and · I preempting y provisions in the City of Lubbock's Code of Ordinances that regulate motor
carriers, incl ding the City's authority to continue to regulate certain aspects of the tow truck
' industry whi hare contained in Chapter 27, Article VI of the Code; and
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REAS, due to the conflict that now exists between federal law and portions of
f the Code, it is incumbent that the City revise its Code to conform to federal law;
FORE:
D BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SEC ION I. THAT Sections 27-181 through 27-209 of Chapter 27, Article VI of the
City of Lub ck' s Code of Ordinances are hereby repealed and the following provisions are I
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hereby enac d in lieu thereof, to-wit:
!I ARTICLE VI. TOW TRUCK SERVICES
Sec. 27-181 Definitions.
For e purpose of this article, the following terms shall have the meaning hereinafter
ascribed to
I Chie of police: The chief of police of the City ofLub"Qock, Texas, or a person
designated y him to act in his stead for the purpose of this article.
1! City ecretary: The city secretary of the City of Lubbock, Texas, or her designated
representati e.
Clas I tow truck: A tow truck with a gross vehicle weight of at least seven thousand five
hundred (7, 00) pounds and less than twenty-six thousand (26,000) pounds.
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Classiff tow truck: A tow truck with a gross vehicle weight of at least twenty-six
thousand (26looo) pounds, which shall be used exclusively to tow vehicles with a gross weight of
more than te4 thousand (10,000) pounds.
Conslnt tow: Any tow initiated by the owner, operator or other person in possession,
custody or <1ntrol of a motor vehicle, but which does not include tows initiated as a result of an
accident or ~fllision on a public highway, street or alley where a law enforcement officer has
been dispatched to the scene.
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I Moto} vehicle or vehicle: Every device in, upon, or by which any person or property is or
. may be trant' rted or drawn upon a public highway, street, or alley, but not including devices
1 moved solei by human power, or used exclusively upon stationary tracks or rails. The term
includes, but1 shall not be limited to, an operable or inoperable automobile, truck, motorcycle,
recreational tehicle and trailer.
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Noncbnsent tow: Any tow of a motor vehicle which is not a consent tow.
Own ) r: Any person who holds the legal title to a motor vehicle or who has the legal right
to possessio~ thereof.
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PersJn: Any individual, corporation, partnership, joint venture or association. This does
not include J governmental entity.
Poli+ department: The police department of the City of Lubbock, Texas.
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Rotation lists: Lists prepared by the police department in accordance with the provisions
of this articl~ of tow truck businesses which have requested and qualified for placement upon
such lists. I
Tow ~ck: A motor vehicle, including a wrecker, equipped with a mechanical device.
used to tow,
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winch, or otherwise move another motor vehicle .
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! j Tow ~ck business: The business of performing nonconsent tows of motor vehicles
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within the iqcorporated limits of the City of Lubbock, Texas.
Sec. 27-182J Selection of a tow truck for non-consent tows.
(a) le City may contract with one or more tow truck businesses to perform non-consent
tows on beh't;f of the police department. Such contracts shall be awarded on the basis of
competitive !bids.
! (b)~~ e police department shall establish and maintain a list of tow truck businesses that
have a vali permit to perform non-consent tows. The department may also establish and
maintain Cl s I and Class IT tow truck rotation lists.
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(c) 1Jte police department is hereby authorized to establish rules and regulations for
implementatiP.n, operation and maintenance of the lists described in subsection (b) above. A
copy of the n;ues and regulations shall be signed by the chief of police and filed with the city
secretary. 1
(d) sLbject to subsection (e) of this section, any owner whose motor vehicle is subject to
a non-consen~ tow deemed necessary by a law enforcement officer may designate a tow truck
business to p~rform the tow if he is able to do so, provided such business has a valid permit
therefor and ls otherwise qualified to perform non-consent tows under state law and this article.
To assist the pwner in the selection of a tow truck business, the officer may present the owner
with the list Jlnaintained by the department of tow truck businesses qualified to perform non-
consent towsl and may also publish or advise the owner of the rates which such businesses have
indicated to the city secretary that they intend to charge for a non-consent tow and storage of the
vehicle. A t1w truck business which requests placement on the list shall provide such
information ~n writing to the city secretary with its permit application and update the information I in writing wij.enever the company adjusts its rates. If the owner is not able or does not wish to
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designate a tbw truck business, the law enforcement officer may require a tow truck business
i With whom tlte City has contracted or a person on a rotation list to perform the tow. However, in
• I no event will the city secretary or the police department establish or attempt to regulate the rates I which may be charged by a tow truck business other than a business with whom the City has
contracted wider subsection (a) of this section to perform non-consent tows.
I (e) i' otwithstanding any other provision of this article, a law enforcement officer may
require any otor vehicle and debris to be removed from a public right-of-way or other location
at the owners expense by any practical means where the officer, in the course of his duty,
reasonably <kerns the motor vehicle or debris to constitute a traffic hazard or otherwise
jeopardizes the public safety.
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Sec. 27-183./ Driving a tow truck to the scene of an accident or collision.
In J · er to maintain contro I over public streets within the inCOiponrted limits of the City,
prevent ~c congestion, and ensure the safety and welfare of citizens who reside therein, no
person shallldrive, or cause to be driven, a tow truck to the scene of an accident or collision on a
public streetl in the City unless such person has been called to the scene by the police department
or by a partY involved in an accident or collision; provided, however, that when a tow truck is
involved in Jm accident or collision, it shall not be a violation of this section.
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Sec. 27-184~ Interception of police calls.
No jerson for purposes of facilitating a violation of this article or of any other law or
ordinance s~all intercept any message emanating on police department radio frequencies, nor
shall the contents of any such intercepted message be divulged to another for purposes of
facilitating t violation of this article or any other law or ordinance.
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Sec. 27-185. Tows from parking facilities.
All to~s from parking facilities shall be in accordance with the requirements of Vernon's
Ann. Civ. St.~ Art. 6701g-2, which act is hereby incorporated in its entirety into and made a part
of this articlej for all purposes.
Sec. 27-186.1 Duties oftow truck operators.
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All t~w truck operators within the City shall provide safe and efficient tow truck services,
which includf, but are not limited to, the following specific duties:
l (a) All tow truck operators responding to a call to the scene of an accident or
colliston for a non-consent tow shall take direction from the law enforcement officer in
chargb of investigating the accident or collision.
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/ (b) Any tow truck operator towing a vehicle from the scene of an accident or
collislion within the City shall remove all debris of the accident or collision from the
publit right-of-way. This duty specifically includes the removal of broken glass and
metal fragments and the spilled load of any vehicle. Such debris shall be disposed of in a
mamier which will keep it out of gutters, storm sewers, streams, public rights-of-way, and
pro~rty not owned by the tow truck operator. I
/ (c) No tow truck operator shall store any vehicle or tow truck on public streets or
publif rights-of-way in the City.
j (d) Tow truck operators shall use reasonable care in towing and in the storage of
vehi Jes so as to minimize any possibility of further damage or theft. !
/ (e) Tow truck operators shall comply with all federal and state laws, all rules and
reg~tions promulgated pursuant to federal and state laws, and all City ordinances,
inclulling zoning, health, and fire prevention ordinances.
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I (t) All vehicles towed as a result of non-consent tows shall be taken to a licensed
storie facility within the City limits for storage.
· (g) All tow truck operators shall inform the police department of all non-consent
tows. within thirty (30) minutes of the completion of such tows. The information shall
incldde the vehicle identification number, license plate number, a brief description of the
vehi¢le, the location where the vehicle was picked up, and the location where the vehicle
is berg stored.
Sec. 27-18±' Permit required for non-consent tows.
It s 1 be unlawful for any person to perform non-consent tows within the City unless
such person possesses a valid permit therefor in accordance with this article.
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Sec. 27-188. Permit application and fee.
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(a) APplications for permits shall be made upon forms supplied by the city secretary,
shall be veri~ed by a notary, and shall contain the following information:
i (t) The true name, the trade name, address and telephone number of the tow truck
business;
( ) The number and category of tow trucks proposed to be operated;
(~) The names and addresses of the true owners of the tow trw:k business and, if the
j business is a corporation, the names and addresses of the corporate officers;
([) The true owners of the tow trucks to be used~ if different from the true owners of
the business;
( ) Proof that the applicant has a current valid registration with the Texas
~' Department of Transportation pursuant to Vernon's Ann. Civ. St., Art. 6675c.
(b) e annual fee for a permit shall be fifteen dollars ($15.00) and shall entitle the
holder to op rate a tow truck business in compliance with state law and this article.
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(c) ~e city secretary shall issue a permit to those persons complying with the
requirement$ of this article.
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Sec. 27-189.1 Suspension or revocation of a permit.
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GroJ.tds for suspension or revocation of a permit may include the following:
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/ (a) Failure at any time to meet any of the requirements of this article for a permit;
I L~) Operating a tow truck in such a manner as to endanger any person or
propr~,;
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I (c) Failure to adhere to the police department's rules and regulations promulgated
purslt to section 27 -182( c) of this article.
I (d) Violation of any federal or state law, or any rules or regulations promulgated
pur t to federal or state law, or any City ordinances related to the operation of a tow
true business.
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Sec. 27-190. Suspension and revocation procedures, appeals.
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I Notwfthstanding any provision of this article, the chief of police shall be authorized to
suspend or re~oke any permit for a violation of any of those items listed as grounds for
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suspension or revocation in section 27 ~ 189. The chief of police may immediately suspend a
permit for uplto fifteen (15) days if there is substantial evidence of a violation which constitutes
an imminent ~anger to the public and the permit holder is unable or unwilling to correct the
violation. Otherwise, before any permit may be suspended or revoked, the chief of police shall
I hold a hearin~ at which evidence of such violation may be presented and rebutted. A hearing
may be schequled by the chief of police after receiving a complaint charging a violation or at his
discretion uJ1>n his investigation and review. Notice of the hearing, the administrative action
proposed to ~e taken and the grounds therefor shall be given to the permit holder at least ten (1 0)
, days prior to Jthe hearing. Mailing such notice by certified mail to the last known business
1 address of the permit holder not less than ten (10) days prior to the hearing shall constitute
1 adequate notice. If the chief of police suspends or revokes a permit, he shall notify the permit I holder in wn~' · g of the reasons for the suspension or revocation, the effective date of the I suspension o revocation, the date of reinstatement, if any, and the conditions which must be
satisfied for einstatement, and such notification shall advise the permit holder that he may
appeal such decision to the permit and license appeal board in accordance with the City
ordinance cr¢ating such board. Mailing such notification by certified mail to the last known
business addtess of the permit holder within ten (10) days of the hearing shall be deemed
sufficient. No person whose permit has been revoked shall be eligible to apply for a new permit
for at least si!x (6) months from the date the revocation became effective. Prior suspensions may
be considere~ by the chief of police in determining whether to suspend or revoke a permit.
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Sec. 27-191.1Penalties.
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Any person who violates any of the provisions of this article shall, in addition to such
administrati, e penalties that may be imposed by the chief of police of the City, the Texas
Department fTransportation, or other state or federal agency, be guilty of a misdemeanor and,
upon convic ·on, be subject to a fme not to exceed the amount provided by Section 1-4 of the
Code of Or ·nances of the City.
Sec. 27-192~ Complaints.
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All cltizen complaints involving tow truck businesses shall be submitted to the city
secretary in kiting and shall be signed by the complainant. The city secretary shall then notify
the chief of lice and the named tow truck business of the complaint.
Ordinance
shall not be
ON 2. THAT should any paragraph, sentence, clause, phrase or word of this
declared unconstitutional or invalid for any reason, the remainder of this Ordinance
ected thereby.
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I SECVON 3. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of publication
provided by ~w.
I AND IT IS so ORDERED.
Passed by th City Council on first reading this 9th day of November , 1995.
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Ken A. Wa11fer, Chief of Police
I APPROVE~ AS T? FORM:
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_....~~,..,~--at Lubbock County, Texas and the attached print-
of the or· inal and was printed in the Lubbock
NOTARY PUBLIC In and for the State of Texas
My Commission Expires .................. ___ _
LUBB K AVALANCHE-JOURNAL
Morris Communication Corporation I
Subscribed and sworn toLfore me thi.,_s --":} __ (/ ..... · __ .day of--z..fJ-.· .... b"-'J...,e .... ·.._m.._4t;J ...... rF--· ___ .19_9,-L· .... ~.,.... _·· __
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FORM58·1D
s~COND READING
ORDINANCES f' ... ORDINANCE NO.fll$4
\
AN ORDINANCE AMEND
·.· .. lNG ZONING ORDINANCEJI~ 70 .. AND THE OFFICIAL OCI ~~~r:ocf~~ ~';,t~g~IN(
CHANGES: ZONE CASE N0;276:t
A. ZONING CHANGE 'T~~r 1~:~ .. l~~·:.z~~~~~.h~10IVISION t LU880CK,'fEXAS1 SUBJECT TC ' 'CONDITIONS; PROVIDING I TT PROVIDING A SAV r::t~t:A. ~SE A. NO PROVIOIN~
FOR PUBLICATION. . · 1
SECTIO~t. THATvlotatlon~
anY provla!ona of thll Ordinance
lholl be deemed a mlsdeme~ ~bill bY o line i10t to ex ....... . TwO TIIOUSGnd and NdiOO . I)OIIan
l$2.GilO.OOl ai provided In $ecllot 19-31 01 l!ltt zonlnV ordinance of~
·City of LubbOCk. .
· · ' oRDiNANce NO. t85s
··. '~'N'OROINANCE AMEN0.:
lNG ZONING ORDINANCE NO, 1!1 .. AND THE OFFICIAL MAP
OF THE CITY OF.LUBIIOC~
MAKING THE FOLLOW~~·
CHANGES • tONE CASE NO. '
A zoNING cHANcG-J5~Rz'b~,:~
TO R·l SPECIFI OMES ON A FOR OARDEN .H TRACT OUT OF seCTION 'i: BLOCK E·2. LUBBOCK. TEXA '
·PROVIDING A P~:ti~~::s~ x~~~:oCI~tHVG fOR ~UIILICA·!
TIOH •.. ,. ' . '
f ' ORDINANCI! NO.' flU •.
AN ORDINANCE AMI!N.o.~
lNG ZONING ORDINANCE NO,
'1084 AND Ttil! OFFICIAL MAP
,9F THE CITY OF LUBBOCK: MAKING THE FOLLOWING·
CHANGES: ZONE CASE NO. 2164-
FtAZONINGCHANGE FROM A-
I TO A•l ZONING ON A TRACT i
OUT OF SECTION 13, BLOCK 1!!·2.. •
,LUBBOCK, TEJCAS; $UBJECT TO
CONDITIONS; f'ROVIDtNG A
PENALTY; PROVIDING A SAV·
INGS CLAUSE AND PROVIDING
FOR PUBLICATION.:. .·, . ,
· · SECTION 2. THAT.vlolotlon Of ~lnY Provisions of this Ordinance
thclll·be d"mtd 1:1 ml1demtonor Jlllnlshoblt by 11 fine not to exceed
T-ThGu~e~nd lind NdiOO Dollora
tS2.GOO.OOl 01 lli'OVIded In Section tf:.31 Of the ZonlntOI'dlnonceotthe Cfty of LUbboCk.
< _' oROINANCE'N~. 91S7 , .· 1
·: .AN 'OROINAN'cf: AMI!No.
'lNG ZONING ORDINANCE NO.
10a.i AND THE OFFICIAL MAP ~OF rHI CITY OF LUBBOCK ;MAKING THE'f:OLLOWING
·cHANGESt ZONE CASE NO,U9Q.: '
PI A ZONING CHAN.GE FROM C-3
I' TO C.<IZONING ON THE EAST 1.46
FEET OF THE SOUTH 118 FEET
OF LOT 2-A. FIESTA AUTOLAND
iCENTJR, LUBBOCK, 'tEXAS·
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SUBJflCTTO CO,NO ITIONS:
PROVIDING A .PI!!. NALTY; P.R. cf. · VIOING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA. TION: '· ' • ·" · • ·
SECT ION 2. THAT vlol11flon of /GnY ProviJionl of this Ordinance i Jthclll be deemed a mltdemeonor :PUIIIIhoble by a fine not to exceed
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.-r-o ThGu10nd •nd HallOO Oollora
(12,000.00) ft IIO'ovldld In SIIC!Ion
129-3'1 of the zonmu Ordlnclnca of the iCIJy of LUbbock. ' j ---
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.AN ORDINANCE RE!PEAL• , lNG SECTIONS 27·181 THROUGH
!·21«19 QF CHAPTER 71, ARTICLE tV I OF THE CODE OF OltOI· fANCES OF THS CITY OF I-UII-OCK ANO.EttACTING U:c. IONS 27·181 THROUGH 21·192 IN
fiEU THEREOF; PROVIDING OR A SAVINGS CU.USE; iAND ROVII>ING FOR PUBLlC:A· ~ION: ' ' I
~Any 11ersan Who violates aiw 01 PrOVIIlona of thla.Ortfcle Sholl, acldlflon to IUCI! Cldmlnlltrottwe ltles tho! may be lmPOMd by
Chlot of Pollee at the Clfv' the
IXaS D-rtrnenl Of Tra~ flon; or other state or f11<1erol01lln-
e IIIUIIfV of a mlallemeonor POn COll\llctlon, be IUbiiiCI to .not to exceed the amount
relied by r.ctton 1-4 at the (:ode ftOIICIIIOflheCity.
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