HomeMy WebLinkAboutOrdinance 16011~r
ORDINANCE NO ~~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED BY DELETING
SECTION 34-180(b) BY AMENDING SECTION 34-180 1(d)(3)
BY AMENDING SECTION 34-180 1(d) BY ADDING A NEW
SUBSECTION (5) PROVIDING FOR A SEVERABILITY
CLAUSE, PROVIDING FOR A SAVINGS CLAUSE,
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE
AND PROVIDING FOR AN EFFECTNE DATE
WHEREAS V.A.T S Texas Transportation Code §643.205(a) provides for the
establishment of maximum rates for non-consent pnvate property tows, such maximum
rates not to exceed an amount equal to 150% of the fee that a towing company would
have been authorized to charge for anon-consent tow at the request of a police officer
WHEREAS V.A.T S Texas Transportation Code §643.205(b) provides for the
establishment of maximum rates for non-consent pnvate property tows of a vehicle
weighing m excess of 26,000 pounds, such maximum rates not to exceed an amount
equal to 125% of the fee that a towing company would have been authorized to charge
for anon-consent tow at the request of a police officer
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1
That the Code of the City of Fort Worth (1986), as amended, is hereby further
amended by repealing Section 34-180 Maximum Fees Chargeable for Non-Consent
Tows.
SECTION 2
That the Code of the City of Fort Worth (1986), as amended, is hereby further
amended by amending subsection (d)(3) of Section 34-180 1 which shall be and reads as
follows
(d)(3) Each wrecker shall carry as standard equipment: Overhead
warning lights that have been permanently affixed to the wrecker
safety chain, fire extinguisher A. B C type, and backing warning
signal.
'~`~
.~
SECTION 3
That the Code of the City of Fort Worth (1986), as amended, is hereby further
amended by adding a new subsection (d)(6) of Section 34-180 1 which shall be and reads
as follows
(d)(6) Wreckers are to be inspected annually The inspection
certificate for any wrecker shall be valid for a period of twelve (12)
months from the date rt was issued.
SECTION 4
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent ~unsdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation m this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5
All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of Article V Chapter 34 or any other ordinances affecting the
subject matter hereof that have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and cnmmal,
whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but maybe prosecuted until final disposition by the courts.
Wrecker Ordinance Amendment
May 2004
Page 2 of 3
-rr~r.;.
~,.
7R
SECTION 6
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for five (5) days m the
official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local
Government Code Section 52 013
SECTION '1
Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and each such person shall be deemed guilty of a separate
offense for each day or portion thereof, dunng which any violation of any of the
provisions of this ordinance is committed, continued to be permitted, and each violation
shall be punishable by a fine not to exceed Five Hundred Dollars ($500 00)
SECTION 8
This ordinance shall take effect upon adoption and publication by law
APPROVED AS TO FORM AND LEGALITh
~Crty Atto
Date Adopted. ~ ~ a ~ O
Wrecker Ordinance Amendment
May 2004
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 6/29/2004 Ordinance No 16011
DATE Tuesday June 29 2004
LOG NAME. 12TOVVORDINANCE
REFERENCE NO *G-14400
SUBJECT
Adoption of an Ordinance Amending Chapter 34 Vehicles for Hire of the City Code Relating to
Non-Consent Private Property Tows
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 34 Vehicles for
Hire of the City Code
DISCUSSION
The Texas Transportation Code §643.205(a) provides that if the city does not regulate the fees that can be
charged for anon-consent private property tow then the maximum rate that can be charged cannot exceed
an amount equal to 150% of the fee that a towing company would have been authorized to charge for a
non-consent tow at the request of a police officer
The Texas Transportation Code §643 205(b) provides if a city does not regulate the fees that can be
charged for anon-consent private property tow of a vehicle weighing in excess of 26 000 pounds the
maximum rate that can be charged cannot exceed an amount equal to 125°l0 of the fee that a towing
company would have been authorized to charge for anon-consent tow at the request of a police officer
Staff recommends that the City Council not regulate rates for non-consent private property tows and that
such rates be as provided for in state law The attached ordinance accomplishes this recommendation.
The attached ordinance also amends provisions in Chapter 34 related to the equipment that a tow truck is
required to have installed as well as for the annual inspection of the tow trucks by the police department.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no effect upon the City's budget.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office by
Originating Department Head.
Additional Information Contact:
Charles Boswell (6183}
.David Yett (7623)
David Yett (7623)
T,(lAnamP 1~TnW/~RT)TNANC`F Pane ~ ~f ~