HomeMy WebLinkAbout08634 ORD - 10/25/19674AP:VMP:9/11/67
AN ORDINANCE
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ADOPTING AN ORDINANCE REGULATING AUTO WRECKERS IN THE
CITY OF CORPUS CHRISTI; DEFINING CERTAIN TERMS AND
EXPRESSIONS; REQUIRING OPERATORS OF AUTO WRECKER SERV-
ICE TO APPLY FOR AND POSSESS AN AUTO WRECKER PERMIT
FROM THE CHIEF OF POLICE; §EELJEYjNj EQUIPMENT FOR
EACH AUTO WRECKER AND THE CONDITION THEREOF; PROVID-
ING FOR FEES FOR APPLICATION, PERMIT, AND RENEWAL OF
PERMIT; PROVIDING FOR SUBSTITUTION OF WRECKERS BY PER-
MITTEE; PROVIDING FOR ADDITIONAL AUTO WRECKERS TO BE
ADDED TO PERMIT OF PERMITTEE; REQUIRING THE FILING OF
PROOF OF FINANCIAL RESPONSIBILITY; REQUIRING PER14ITTEE
TO MAINTAIN ADEQUATE STORAGE AREA; MAKING PROVISIONS
FOR TOWING OR MOVING OF VEHICLES; PROVIDING SYSTEM FOR
DISPATCHING WRECKERS TO THE SCENE OF A DISABLED VEHICLE;
PROVIDING FEES FOR TRANSPORTING DISABLED OR IMPOUNDED
VEHICLES; PROVIDING FOR REVOCATION OR SUSPENSION OF AUTO
WRECKER PERMIT; PROVIDING THAT EACH AUTO WRECKER PERMIT
SHALL BE NONTRANSFERABLE: PROVIDING PENALTY FOR VIOLA-
TION OF THE TERMS OF THIS ORDINANCE; PROVIDING FOR
PUBLICATION; AND PROVIDING A SAVINGS CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. DEFINITIONS: f
A. THE TERM, "AUTO WRECKER", SHALL MEAN EVERY MOTOR VEHICLE ,
USED OR DESIGNED FOR THE PURPOSE OF TOWING, CARRYING, PUSHING, OR OTHERWISE
TRANSPORTING A DISABLED OR IMPOUNDED VEHICLE.
B. THE TERM, "CHIEF OF POLICE°, SHALL MEAN THE CHIEF OF THE
POLICE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF CORPUS
CHRISTI OR HIS DESIGNATED REPRESENTATIVE.
C. THE TERM, "DISABLED VEHICLE", SHALL MEAN ANY MOTOR VEHICLE
LOCATED ON ANY PUBLIC STREET, ALLEY, SIDEWALK OR SIDEWALK AREA WHICH IS
UNABLE TO BE DRIVEN UNDER ITS OWN POWER DUE TO MECHANICAL BREAKDOWN, COLLI-
SION, OR FOR ANY OTHER REASON.
D. THE TERM, "IMPOUNDED VEHICLEII, SHALL MEAN ANY VEHICLE
WHICH POLICE OFFICERS ARE AUTHORIZED TO IMPOUND AND REMOVE UNDER THE PROVI-
SIONS OF ANY ORDINANCE OF THE CITY OF CORPUS CHRISTI OR ANY LAW OF THE STATE
OF TEXAS.
SECTION 2. EXCEPT AS HEREIN PROVIDED, IT SHALL BE UNLAWFUL FOR
ANY PERSON TO DRIVE OR OPERATE, OR CAUSE TO BE DRIVEN OR OPERATED, ANY AUTO
WRECKER FOR THE PURPOSE OF TRANSPORTING A DISABLED OR IMPOUNDED VEHICLE ON
THE STREETS OF THE CITY OF CORPUS CHRISTI IN RESPONSE TO A REQUEST BY THE
POLICE DIVISION WITHOUT FIRST HAVING OBTAINED AN AUTO WRECKER PERMIT ISSUED
UNDER THE PROVISIONS OF THIS ORDINANCE.
SECTION 3. ANY PERSON DESIRING TO OPERATE AUTO WRECKER IN THE
CITY OF CORPUS CHRISTI SHALL APPLY IN WRITING FOR AN AUTO WRECKER PERMIT
TO THE CHIEF OF POLICE AND SHALL, IN SAID APPLICATION, STATE THE FOLLOWING:
A. THE NAME AND ADDRESS OF THE OWNER. IF THE OWNER OF THE
PROPOSED AUTO WRECKERS IS A PARTNERSHIP, THE PARTNERSHIP NAME AND ADDRESS
SHALL BE GIVEN, TOGETHER WITH THE NAMES AND ADDRESSES OF ALL PARTNERS. IF
APPLICANT IS A CORPORATION, THE APPLICATION SHALL STATE THE CORPORATE NAME
AND THE OFFICE ADDRESS OF SAID CORPORATION, TOGETHER WITH THE NAMES AND
ADDRESSES OF THE PRESIDENT AND SECRETARY OF SAID CORPORATION.
B. THE NUMBER OF AUTO WRECKERS AN OWNER DESIRES TO OPERATE,
LISTING THE MAKE, MODEL, MOTOR NUMBER, AND CORRECT STATE LICENSE NUMBER OF
EACH AUTO WRECKER.
C. THE TRUE OWNERSHIP OF EACH AUTO WRECKER IF IT IS OWNED
BY A PERSON OTHER THAN THE APPLICANT.
D. A STATEMENT BY THE APPLICANT THAT HE WILL OBEY THE
PROVISIONS OF THIS ORDINANCE AND OF ALL OTHER ORDINANCES AND STATUTES
APPLICABLE TO MOTOR VEHICLES AND AN AGREEMENT THAT UPON HIS FAILURE TO
OBEY SUCH LAWS, THAT HIS PERMIT MAY BE REVOKED OR SUSPENDED.
E. SAID APPLICATION SHALL BE ACCOMPANIED BY AN APPLICATION
FEE OF $25.
SECTION 4. UPON RECEIPT OF AN APPLICATION FOR AN AUTO WRECKER
PERMIT THE CHIEF OF POLICE SHALL INSPECT EACH AUTO WRECKER LISTED ON SAID
APPLICATION. SAID INSPECTION SHALL DETERMINE COMPLIANCE WITH THE FOLLOWING
ITEMS:
A. THAT EACH AUTO WRECKER, AND THE EQUIPMENT CONTAINED
THEREON, IS IN GOOD MECHANICAL CONDITION AND COMPLIES WITH ALL CITY ORDINANCES
AND STATE LAWS.
B. THAT EACH AUTO WRECKER IS EQUIPPED WITH A TOW SLING OR
EQUIVALENT PROTECTIVE DEVICE.
C. THAT EACH WRECKER IS EQUIPPED WITH A MOTOR - POWERED WINCH.
D. THAT EACH AUTO WRECKER IS EQUIPPED WITH A REVOLVING RED
OR AMBER LIGHT, AS DETERMINED NECESSARY BY THE CHIEF OF POLICE.
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E. THAT EACH AUTO WRECKER IS EQUIPPED WITH A DOLLY OR THAT
EACH AUTO WRECKER OWNER HAS A DOLLY READILY AVAILABLE WHEN NEEDED.
F. THAT EACH AUTO WRECKER IS EQUIPPED WITH A BROOMS SHOVEL,
AND CONTAINER FOR REMOVAL OF BROKEN GLASS AND OTHER DEBRIS.
G. THAT EACH AUTO WRECKER HASH IN CLEARLY LEGIBLE LETTERS,
THE NAME OF THE OWNER OR LESSEE OF SAID AUTO WRECKER PERMANENTLY AFFIXED TO
ALL DOORS OF SAID AUTO WRECKER.
H. THAT EACH AUTO WRECKER IS EQUIPPED WITH A POLICE RECEIV-
ING SET CAPABLE OF CLEARLY RECEIVING TRANSMISSIONS BROADCAST OVER THE RADIO
FREQUENCY ASSIGNED TO THE CORPUS CHRISTI POLICE DIVISION.
I. THAT THE OWNER OR OPERATOR OF EACH AUTO WRECKER IS CAPABLE
OF COMPLYING WITH ALL OTHER REGULATIONS GOVERNING AUTO WRECKERS CONTAINED
IN THIS ORDINANCE OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI.
SECTION 5. IF ANY APPLICATION DOES NOT MEET ALL OF THE REQUIRE-
MENTS SET FORTH IN SECTIONS 3 AND 4 ABOVE, THE CHIEF OF POLICE SHALL GIVE
NOTICE IN WRITING TO THE APPLICANT THAT HIS APPLICATION CANNOT BE APPROVED;
SAID NOTICE SHALL STATE THE REASONS FOR THE REFUSAL TO APPROVE SAID APPLICA-
TION FOR AN AUTO WRECKER PERMIT. THE APPLICANT SHALL HAVE THIRTY DAYS AFTER
SAID WRITTEN NOTICE TO REMEDY ANY FAILURE TO COMPLY WITH THE FOREGOING
REQUIREMENTS. IF SAID APPLICANT DOES NOT REMEDY ANY DEFECT WITHIN THIS
THIRTY -DAY PERIOD, THE CHIEF OF POLICE SHALL REFUSE SAID APPLICATION FOR AN
AUTO WRECKER PERMIT.
SECTION 6. IF THE APPLICANT COMPLIES WITH THE PROVISIONS OF SECTION
3 AND 4 ABOVE, THE CHIEF OF POLICE SHALL ISSUE AN AUTO WRECKER PERMIT AND THE
APPLICATION FEE ACCOMPANYING SAID APPLICATION SHALL BE APPLIED TO THE PERMIT
FEE; IF THE APPLICATION FOR AN AUTO WRECKER PERMIT IS DENIED BY THE CHIEF
OF POLICE, THE APPLICATION FEE SHALL BE RETAINED TO DEFRAY, IN PART, THE
EXPENSE TO THE CITY OF CORPUS CHRISTI IN PROCESSING SAID APPLICATION.
SECTION 7. IF THE CHIEF OF POLICE DENIES AN APPLICATION HE SHALL
NOTIFY THE APPLICANT IN WRITING OF SAID DENIAL. SAID NOTICE SHALL BE DEEMED
SUFFICIENT IF POSTED IN THE UNITED STATES MAIL ADDRESSED TO THE BUSINESS
ADDRESS AS CONTAINED IN THE APPLICATION. THE APPLICANT SHALL HAVE THE RIGHT
TO APPEAL TO THE CITY COUNCIL WITHIN TEN DAYS FROM THE DATE OF THE NOTICE OF
THE DENIAL. SAID APPEAL SHALL BE PERFECTED BY A LETTER ADDRESSED TO THE
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MAYOR AND CITY COUNCIL STATING THAT AN APPEAL FROM THE RULING OF THE CHIEF
OF POLICE IS DESIRED. UPON RECEIVING SUCH APPEALS THE CITY COUNCIL SHALL,
AS SOON AS PRACTICAL THEREAFTER, AND IN NO CASE MORE THAN THIRTY DAYS, HEAR
SUCH APPEAL AND SHALL EITHER SUSTAINS MODIFY OR REVERSE THE DECISION OF THE
CHIEF OF POLICE. PENDING THE HEARING OF SAID APPEAL THE PERMIT SHALL NOT
BE ISSUED.
SECTION 8. THE AUTO WRECKER PERMIT SHALL BE VALID FOR A PERIOD OF
ONE YEAR AND SHALL BE ISSUED UPON PAYMENT OF A PERMIT FEE OF $100 FOR EACH
AUTO WRECKER WHICH THE PERMITTEE DESIRES TO OPERATE DURING THE PERIOD OF
SAID PERMIT.
SECTION 9. IT SHALL BE UNLAWFUL FOR ANY WRECKER PERMIT HOLDER TO
OPERATE AN AUTO WRECKER UNDER SAID PERMIT UNLESS HE MAINTAINS HIS PLACE OF
BUSINESS AND ALL OF HIS EQUIPMENT IN SUCH A MANNER THAT THEY CONTINUOUSLY
COMPLY WITH THE PROVISIONS OF SECTION b OF THIS ORDINANCE.
SECTION 10. EACH AUTO WRECKER PERMIT ISSUED BY THE CHIEF OF POLICE
SHALL BE NUMBERED CONSECUTIVELY AND EACH AUTO WRECKER PERMIT HOLDER SHALL
AFFIX SAID AUTO WRECKER PERMIT NUMBER, IN CLEARLY LEGIBLE NUMERALS TO ALL
DOORS OF THE AUTO WRECKERS COVERED BY SAID PERMIT.
SECTION 11. THE AUTO WRECKER PERMIT MAY BE RENEWED BY FOLLOWING
THE SAME PROCEDURE AND PAYING THE SAME FEE AS SET FORTH ABOVE GOVERNING THE
GRANTING OF THE ORIGINAL PERMIT.
SECTION 12. IF, DURING THE PERIOD OF A PERMITS A PERMITTEE DESIRES
TO SUBSTITUTE ONE WRECKER, NOT COVERED BY A PERMITS FOR A WRECKER WHICH IS
COVERED BY A PERMITS HE MAY DO SO BY GIVING NOTICE IN WRITING OF HIS INTEN-
TION TO SUBSTITUTE EQUIPMENT AND SAID NOTICE SHALL LIST THE MAKE, MODEL,
MOTOR NUMBER, AND CORRECT STATE LICENSE NUMBER OF THE AUTO WRECKER TO BE
SUBSTITUTED. THE OWNER SHALL ACCOMPANY SAID NOTICE IN WRITING BY AN INSPEC-
TION FEE OF $5.00 FOR EACH SUBSTITUTE AUTO WRECKER. IF THE EQUIPMENT WHICH
THE OWNER DESIRES TO SUBSTITUTE COMPLIES WITH THE REGULATIONS CONTAINED IN
SECTION 4 HEREIN HIS PERMIT SHALL BE AMENDED TO REMOVE THE AUTO WRECKER
HE DESIRES TO WITHDRAW FROM SERVICE AND TO INCLUDE THE SUBSTITUTED AUTO
WRECKER UNDER THE TERMS OF HIS PERMIT.
SECTION 13. IF THE HOLDER OF AN AUTO WRECKER PERMIT DESIRES TO
ADD ADDITIONAL AUTO WRECKERS DURING THE TERM OF HIS PERMIT, HE MAY DO SO BY
FILING A SUPPLEMENTAL APPLICATION CONTAINING ALL OF THE INFORMATION RELATING
TO AUTO WRECKERS AS REQUIRED BY THE ORIGINAL APPLICATION ANDS IF SAID
PROPOSED ADDITIONAL AUTO WRECKERS MEET SAID REQUIREMENTS, SAID ADDITIONAL
AUTO WRECKER SHALL BE INCLUDED AS AUTHORIZED EQUIPMENT UNDER THE TERMS OF
THE ORIGINAL PERMIT; ANY ADDITIONAL AUTO WRECKERS SHALL BE ADDED TO THE
AUTO WRECKERS PERMIT UPON THE PAYMENT OF A FEE OF $10 FOR EACH CALENDAR
MONTH OR PORTION THEREOF REMAINING UNDER THE TERMS OF THE ORIGINAL PERMIT.
HOWEVER, IN NO CASE SHALL THE PERMIT FEE FOR ADDITIONAL AUTO WRECKERS BE
LESS THAN $25.
SECTION 14. BEFORE ANY AUTO WRECKER PERMIT IS USSUED TO ANY
PERSON, HE SHALL FILE WITH THE CHIEF OF POLICE A CERTIFICATE OF INSURANCE
OR CERTIFICATE OF SELF INSURANCE ISSUED BY THE STATE OF TEXAS INDICATING
THAT THE APPLICANT HAS COMPLIED WITH THE TEXAS MOTOR VEHICLE SAFETY RESPONSI-
BILITY ACT AND ALL OF ITS PROVISIONS IN FORCE AT THE TIME OF THE PASSAGE OF
THIS ORDINANCE OR AS SAID ACT MAY BE HEREAFTER AMENDED.
SECTION 15. EACH HOLDER OF AN AUTO WRECKER PERMIT MUST MAINTAIN
A SUITABLE PLACE OF STORAGE FOR AUTOMOBILES LOCATED AT THE BUSINESS ADDRESS
OF SAID PERMIT HOLDER. SAID STORAGE AREA SHALL BE FENCED BY A WIRE OR
WOODEN FENCE OF AT LEAST SIX FEET IN HEIGHTS EQUIPPED WITH REASONABLE SECURE
LOCKED GATES AND BE LIGHTED AT NIGHT. THE HOLDER OF AN AUTO WRECKER PERMIT
SHALL HAVE A RESPONSIBLE PERSON PRESENT AT THE BUSINESS ADDRESS AND STORAGE
AREA OF THE PERMITTEE DURING NORMAL BUSINESS HOURS. PRIOR TO THE ISSUANCE
OF AN AUTO WRECKER PERMIT, THE CHIEF OF POLICE SHALL INSPECT SUCH STORAGE
AREA TO DETERMINE THAT IT MEETS THE PROVISIONS OF THIS SECTION AND IS REASON-
ABLY SECURE TO PROTECT STORED VEHICLES AGAINST THEFT AND VANDALISM.
SECTION 16. NO AUTO WRECKER SHALL BE PERMITTED TO TOW OR OTHER-
WISE TRANSFER OR TRANSPORT ANY IMPOUNDED VEHICLE UNLESS SAID AUTO WRECKER
SHALL BE COVERED BY A PERMIT AS REQUIRED HEREIN.
SECTION 17. NO DISABLED VEHICLE SHALL BE MOVED BY ANY AUTO WRECKER
NOT COVERED BY A REQUIRED PERMIT UNLESS THE OWNER OR DRIVER OF SAID DISABLED
VEHICLE PERSONALLY CALLS AN AUTO WRECKER OF HIS OWN PREFERENCE PRIOR TO THE
TIME THAT THE AUTO WRECKER "ON CALL" HAS BEEN SENT BY THE POLICE DISPATCHER.
SECTION 18. THE CHIEF OF POLICE SHALL MAINTAIN A LIST OF PERMIT
HOLDERS AND SHALL ESTABLISH A FAIR AND EQUITABLE SYSTEM WHEREBY EACH PERMIT
HOLDER IS DISPATCHED TO THE SCENE OF AN IMPOUNDED OR DISABLED VEHICLE IN
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ROTATION. NO POLICE OFFICER SHALL CAUSE ANY AUTO WRECKER TO GO TO THE SCENE
OF A DISABLED VEHICLE EXCEPT IN COMPLIANCE WITH THE ROTATION SYSTEM ESTABLISHED
BY THE CHIEF OF POLICE; PROVIDED HOWEVER, AUTO WRECKERS COVERED BY AUTO
WRECKER PERMITS MAY BE DISPATCHED TO THE SCENE OF A DISABLED VEHICLE WITH-
OUT REGARD TO THE ROTATION SYSTEM IF (A) AN EXTREME EMERGENCY EXISTS WHEREIN
A HUMAN LIFE IS AT STAKE, OR (B) IF THE OWNER OR DRIVER OF A DISABLED VEHICLE
REQUESTS THE POLICE DISPATCHER TO SEND A SPECIFIC AUTO WRECKER COVERED BY AN
AUTO WRECKER PERMIT PRIOR TO THE TIME THAT THE AUTO WRECKER "ON CALL" HAS
BEEN SENT TO THE LOCATION OF A DISABLED VEHICLE. NO POLICE OFFICERS ACTING
IN THE SCOPE OF HIS AUTHORITY SHALL SEND, OR CAUSE TO BE SENT TO THE SCENE
OF A DISABLED VEHICLE, ANY AUTO WRECKER NOT OPERATED BY THE HOLDER OF AN AUTO
WRECKER PERMIT. NO POLICE OFFICER SHALL SUGGEST OR RECOMMEND THAT THE OWNER
OR DRIVER OF A DISABLED VEHICLE CALL ANY AUTO WRECKER OTHER THAN THE ONE "ON
CALL" IN ACCORDANCE WITH THIS SECTION.
SECTION 19. IT SHALL BE UNLAWFUL FOR THE OWNER OF ANY AUTO WRECKER
OR HIS AGENT OR EMPLOYEE TO GO TO THE SCENE OF AN IMPOUNDED OR DISABLED
VEHICLE FOR THE PURPOSE OF TOWING'OR OTHERWISE TRANSPORTING SAID IMPOUNDED
OR DISABLED VEHICLE UNLESS SAID AUTO WRECKER HAS BEEN SENT TO SAID LOCATION
BY THE POLICE DISPATCHER OR UNLESS THE DRIVER OR OWNER OF A DISABLED VEHICLE
HAS PERSONALLY REQUESTED SAID AUTO WRECKER TO COME TO THE LOCATION OF SAID
DISABLED VEHICLE.
SECTION 20. EACH AUTO WRECKER PERMIT HOLDER WHO DESIRES TO BE ON
THE ROTATION LIST MAINTAINED BY THE CHIEF OF POLICE, SHALL RESPOND TO ALL
ASSIGNMENTS GIVEN BY THE POLICE DISPATCHER DURING ANY HOUR OF THE DAY OR
NIGHT FOR THE PERIOD THAT SAID PERMIT HOLDER IS SCHEDULED TO RECEIVE CALLS
FROM THE POLICE DISPATCHER IN ACCORDANCE WITH SAID ROTATION SYSTEM.
SECTION 21. EACH AUTO WRECKER PERMIT HOLDER MAY CHARGE A FEE NOT
TO EXCEED y5.00 TO TRANSPORT AN IMPOUNDED VEHICLE TO THE CITY POUND. EACH
AUTO WRECKER PERMIT HOLDER MAY CHARGE A FEE NOT TO EXCEED $10:00 TO TRANS-
PORT A DISABLED VEHICLE TO SAID AUTO WRECKER PERMIT HOLDERS PLACE OF BUSINESS
OR TO SUCH OTHER LOCATION WITHIN THE CITY LIMITS AS MAY BE REQUESTED BY THE
DRIVER OR OWNER OF A DISABLED VEHICLE AT THE LOCATION OF SAID DISABLED
VEHICLE. IN ADDITION TO THE FOREGOING FEE FOR TRANSPORTING A DISABLED
VEHICLES AN ADDITIONAL CHARGE MAY BE MADE FOR ADDITIONAL LABOR THAT IS NOT
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REQUIRED IN A NORMAL TOW, INCLUDING BUT NOT LIMITED TOE THE DISENGAGING
OR REMOVAL OF DRIVE SHAFTS AND THE REMOVAL AND REPLACEMENT OF TIRES AND
WHEELS; PROVIDED, HOWEVER, SUCH ADDITIONAL LABOR SHALL BE EACH ITEMIZED
AND IN NO CASE SHALL SUCH ADDITIONAL CHARGE EXCEED $10. EACH HOLDER OF AN
AUTO WRECKER PERMIT MAY CHARGE A TRANSFER FEE NOT TO EXCEED $5 FOR TRANS-
PORTING A DISABLED VEHICLE FROM THE PERMIT HOLDERS STORAGE AREA TO SUCH
LOCATION WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI AS MAY BE
DIRECTED BY THE OWNER OR DRIVER OF A DISABLED VEHICLE. PERMIT HOLDERS MAY
CHARGE A STORAGE FEE FOR DISABLED VEHICLES NOT TO EXCEED $1 PER DAY OR ANY
PORTION THEREOF.
SECTION 22. THE CHIEF OF POLICE IS AUTHORIZED TO ISSUE REGULA-
TIONS RELATING TO THE OPERATION OF AUTO WRECKERS BY HOLDERS OF AN AUTO
WRECKER PERMIT CONSISTENT WITH THE PROVISIONS OF THIS ORDINANCE AND DESIGNED
TO EFFECTUATE THE GENERAL PURPOSE OF THIS ORDINANCE.
SECTION 23. NOTWITHSTANDING ANY PENAL PROVISION CONTAINED HEREIN,
THE CHIEF OF POLICE SHALL BE AUTHORIZED TO REVOKE OR SUSPEND ANY AUTO WRECKER
PERMIT FOR A VIOLATION OF THE STATE LAWS CITY ORDINANCES, OR REGULATIONS
GOVERNING THE OPERATION OF AN AUTO WRECKER IF SAID VIOLATION IS COMMITTED BY
ANY AUTO WRECKER PERMIT HOLDERS HIS AGENTS, OR EMPLOYEES. SUCH SUSPENSION
OR REVOCATION SHALL BE MADE IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
A. UPON COMPLAINT AGAINST ANY PERMITTEE BY ANY PERSON, OR
UPON HIS OWN MOTIONS CHARGING A VIOLATION OF ANY PROVISION OF ANY CITY ORDI-
NANCE, THE REGULATIONS GOVERNING AUTO WRECKER PERMITS OR ANY STATE LAW, THE
CHIEF OF POLICE, AFTER GIVING FIVE DAYS NOTICE OF THE GROUND OF SUCH COMPLAINT
TO THE PERMITTEE AGAINST WHOM THE COMPLAINT IS MADE, SHALL HOLD A HEARING,
AT WHICH ALL PERSONS WITH RELEVANT INFORMATION REGARDING THE COMPLAINT,
SHALL BE HEARD. AT THE CONCLUSION OF SAID HEARING, THE CHIEF OF POLICE MAY
ISSUE A WARNING TO THE PERMITTEE OR HE MAY PERMANENTLY REVOKE OR SUSPEND THE
PERMIT. PREVIOUS WARNINGS OR SUSPENSIONS WITHIN THE PRECEDING TWO YEARS MAY
BE CONSIDERED BY THE CHIEF IN MAKING HIS DECISION.
B. IF THE CHIEF OF POLICE SUSPENDS THE PERMIT, SAID SUSPEN-
SION SHALL BE FOR A PERIOD OF NOT MORE THAN THIRTY DAYS AND THE CHIEF OF
POLICES ACTION SHALL BE FINAL.
C. IF THE CHIEF OF POLICE REVOKES A PERMIT PERMANENTLY, HE
SHALL NOTIFY THE PERMITTEE IN WRITING FOR THE REASONS THEREFOR. SAID NOTICE
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SHALL BE DEEMED SUFFICIENT IF POSTED IN THE UNITED STATES MAID ADDRESSED
TO THE BUSINESS ADDRESS OF THE PERMITTEE AS CONTAINED IN THE ORIGINAL APPLI-
CATION FOR A PERMIT OR THE LATEST APPLICATION FOR A RENEWAL THEREOF. THE
PERMI TTEE SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL WITHIN TEN
DAYS FROM THE DATE OF THE NOTICE OF REVOCATION. SAID APPEAL SHALL BE PER-
FECTED BY LETTER ADDRESSED TO THE NIAYOR AND CITY COUNCILS STATING THAT AN
APPEAL FROM THE RULING OF THE CHIEF OF POLICE IS DESIRED TO THE CITY COUNCIL
AS A WHOLE. IF AN APPEAL FROM THE DECISION OF THE CHIEF OF POLICE IS PER-
FECTED, AS HEREIN PROVIDEDi THE DECISION OF THE CHIEF OF POLICE SHALL BE
SUSPENDED PENDING A HEARING BY THE CITY COUNCIL. UPON RECEIVING SUCH APPEAL,
THE CITY COUNCIL SHALL, AS SOON AS PRACTICAL THEREAFTER, AND IN NO CASE MORE
THAN THIRTY DAYS, HEAR SUCH APPEAL AND SHALL EITHER SUSTAINS MODIFY OR
REVERSE THE DECISION OF THE CHIEF OF POLICE. IF NO APPEAL IS TAKEN FROM
THE RULING OF THE CHIEF OF POLICE IN THE TIME AS PROVIDED IN THIS SECTION,
OR IF THE CITY COUNCIL DOES NOT HEAR THE APPEAL WITHIN THIRTY DAYS FROM
RECEIVING NOTICE OF APPEAL, THE RULING OF THE CHIEF OF POLICE SHALL BE FINAL
AND THE PERMIT REVOKED.
SECTION 24. NO PERSON, FIRMS PARTNERSHIP, OR CORPORATION WHOSE
AUTO WRECKER PERMIT HAS BEEN REVOKED SHALL BE ELIGIBLE TO APPLY FOR A NEW
AUTO WRECKER PERMIT FOR A PERIOD OF AT LEAST ONE YEAR FROM THE DATE OF SUCH
REVOCATION.
SECTION 25. EACH AUTO WRECKER PERMIT ISSUED UNDER THE TERMS OF
THIS ORDINANCE SHALL BE THE PERSONAL PRIVILEGE OF THE PERMITTEE AND SHALL
NOT BE TRANSFERRED TO ANY OTHER PERSON, PARTNERSHIPS OR CORPORATION.
SECTION 26. ANY PERSON, FIRM OR CORPORATION VIOLATING THE TERMS
AND PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR,
AND UPON CONVICTIONS SHALL BE FINED IN A SUM NOT TO EXCEED $200.
SECTION 27. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL
PUBLICATION OF THE CITY OF CORPUS CHRISTI AFTER FINAL PASSAGES WHICH PUBLI-
CATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE
ORDINANCE AND RECITING THE PENALTY FOR VIOLATION OF THE ORDINANCE.
SECTION 2$. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION
CLAUSES PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT
SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE
CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE.
f THAT THE FOREGOING ORDINANCE WAS EAD FOR THE FIRST TIME AND
PASSED TO ITS SECOND READING ON THIS THE DAY OF��,
19.42, BY THE FOLLOWING VOTE: '
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR. �^
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THAT THE FOREGOING T E -t- READ FORpIH� S C ME AND PASSED
TO ITS THIRD READING ON THIS THE HE 4 .�G /IiLL DAY OF
BY THE FOLLOWING VOTE:
JACK R. BLACKMON
gill
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR..�
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THAT THE FOREGOING ORDINANCE-WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE 96 DAY OF L , t9 BY THE FOLLOW-
ING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
PASSED AND APPROVED, THIS THE !;- DAY OF
ATTEST:
CITY" ECRETA Y M O
THE CITY OF CORPUS CHRIST(, TEXAS
APPROVED AS TO LE L FORM THI THE
__421 DAY OF 19 :
CITY ATTORNE
PUBLISHER'S AFFIDAVIT
I
QXTATE OF TEXAS,
,,,'County of of Nueces.
i
Before me, the undersigned, a Notary Public, this day personally came ................................... 1
Lela. ... ....
nd G. Barnes , who being first duly sworn, according to law, says that he is the M
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aa asifted...A.dvmti.1sing...MM.&O '..- of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
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of which the annexed is a true copy, was published in The Times
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on the ---- 3Q.. day of... Doto.her ................. 19..6.7., xztzxmmk ....................... X kA=Xe MMftMZ.....................
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Subscribed and sworn to before me this.... - - - - - -- �r
Louise Viok r
tary Public, Nueces County, exas
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