HomeMy WebLinkAboutOrdinance - 2010-O0063 - Amending Chapter 27 Vehicles For Hire Tow Truck Services - 08/12/2010First Reading
August 12, 2010
Item No. 5.37
ORDINANCE NO. 2010-00063
Second Reading
August 26, 2010
Item No. 5, 33
AN ORDINANCE AMENDING CHAPTER 27, "VEHICLES FOR HIRE", ARTICLE
VI, "TOW TRUCK SERVICES," SECTION 27-186, "DUTIES OF TOW TRUCK
OPERA TORS" OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, TO ALLOW OWNERS OF TOWED VEHICLES TO DESIGNATE THE
LOCATION WHERE THE VEHICLE IS TAKEN AS A RESULT OF A
NONCONSENT TOW UNDER CERTAIN CONDITIONS; AND AMENDING
SECTION 27-187, "PERMIT REQUIRED FOR NONCONSENT TOWS", TO
CLARIFY THE SCOPE OF OPERATIONS OF A TOW TRUCK BUSINESS UNDER
A NONCONSENT PERMIT; AND AMENDING SECTION 27-188, "PERMIT
APPLICATION AND FEE," TO REQUIRE THE DISPLAY OF PERMITS AND
ESTABLISHING APPLICABLE PERMIT FEES; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to make the
following amendments to Chapter 27, Article VI of the Code of Ordinances to allow the
owner of a towed vehicle to designate the location where the vehicle is taken as a result
of a nonconsent tow under certain conditions, to clarify the scope of operations of a tow
truck business under a nonconsent permit, to require the display of permits by a tow
truck business and to establish applicable permit fees;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, Section
27-186 subsection (6) is hereby amended to read as follows:
(6) All vehicles towed as a result of nonconsent tows shall be taken to
a licensed storage facility within the City limits for storage, unless the
tow truck operator agrees to take the vehicle to a location designated by
the vehicle's owner and the vehicle's owner is not under arrest and the
vehicle owner pays the applicable fee.
SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, Section
27-187 is hereby amended to read as follows:
It shall be unlawful for any person to perform nonconsent tows within the
City unless such person possesses a valid permit therefore in accordance
with this article. A tow truck business permitted by the State for consent
towing only shall not be subject to this article. Tow trucks permitted
under a consent towing permit may not be used for nonconsent towing,
including incident management towing and private property towing as
those terms are defined by state law.
SECTION 3. THAT the Code of Ordinances, City of Lubbock, Texas, Section
27-188 is hereby amended by adding a subsection (b), (c), (d), and (e) to read as follows:
(b) Display of Permit Information. A permit holder shall display on each
permitted tow truck:
I. the permit holder's name;
2. the permit holder's telephone number;
3. the city and state where the permit holder is located; and
4. the permit number for the tow truck.
( c) The information required to be displayed in Section 27-l 88(b)
must be:
I. printed in letters and numbers that are at least two inches high
and in a color that contrast with the color of the background
surface; and
2. permanently affixed in conspicuous places on both sides of the
tow truck.
(d) The annual fee for a permit shall be in accordance to the fee
schedule outlined herein and shaJJ entitle the holder to operate a
tow truck business in compliance with state law and this article.
All fees are nonrefundable and due upon receipt of permit
application in the Office of the City Secretary.
Tow Truck Permit Fees:
Tow Truck Permit:
Inspection Fee:
Validation of State Registration:
Application Processing:
Duplication Application:
$15.00/driver
$25. 00/vehicle
$15.00
$20.00
$10.00
(e) The City Secretary shaJJ issue a permit to those persons
complying with the requirements of this article.
SECTION 4. THAT violation of any provision of this ordinance shall be deemed
a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the
City of Lubbock, Texas.
SECTION 5. THAT should any paragraph, section, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
the Ordinance shaJJ not be affected thereby.
SECTION 6. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on ____ Au_,g,.._u_s_t_l_2~, _2_0_1_0 ___ _
Passed by the City Council on second reading on August 26, 2010 ---~--~-------
ATTEST:
APPROVED AS TO CONTENT:
Dale Holton, Chief of Police
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw·ccdocs/Tow Truck.Ord
July 13, 2010
TOM MARTIN, MAYOR
lubo&ck rrui Agenda Item#,## Ordinance Amendment 1st Reading -Police : Consider an ordinance amending Section 27-186 of the Code of Ordinances, allowing owners of towed vehicles to designate the location where lhe vehicle is taken as a result of a non consent tow under certain conditions, amending Section 27-I 87 to clarify the scope of operations of a tow truck business under a nonconsent permit, and amending Section 27-188 to require the display of permits and establishing applicable permit fees. Item Summary The City Code currently requires the following: All vehicles towed as a result of nonconsent tows shall be taken to a licensed storage facility within the city limits for storage. (Section 27-186(6)}. To clarify the meaning of this provision and make it consistent with current procedures, a provision is amended to allow the owner of the vehicle to designate where the vehicle is taken so as to remove the mandatory nature of the current language. Toe amended verbiage is the following: All vehicles towed as a result of non consent tows shall be taken to a licensed storage facility within the city limits for storage, unless the tow truck operator agrees to take the vehicle to a location designated by the vehicle's owner and the vehicle owner pays the applicable fee. Any such change requires an amendment to the City Code by an ordinance presented to the City Council and approved on two readings. Fiscal Impact No fiscal impact. Stujf/Bvurd Recv111111e111/i11g Dale Holton, Chief of Police Cit) Council tvlceling