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HomeMy WebLinkAbout2074 06-23-2015 ORDINANCE NO. 2074 AN ORDINANCE AMENDING CHAPTER 90 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES, CITY OF EULESS BY AMENDING ARTICLE IV "TOW TRUCKS AND NONCONSENT TOWS", SECTION 90-93 "TOWING WITHOUT SPECIFIC AUTHORITY PROHIBITED"; PROVIDING FOR WRITTEN DIRECTIVES PRIOR TO TOWING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Euless has previously adopted regulations related to vehicle towing for the purpose of promoting safety within the City and finds that regulation of vehicle towing is necessary for the purpose of promoting safety by preventing the unexpected loss of the use of one's vehicle thereby leaving the vehicle owner stranded, except in those instances wherein the owner or operator of the vehicle has been put on notice through signs of the likelihood of the involuntary tow of the vehicle; and WHEREAS, the City Council believes that the safety-regulations governing persons performing nonconsensual tows promote public safety in the City by protecting vehicle owners from towing mistakes and the outright theft of vehicles and limiting the number of false auto theft reports processed by the police department, thereby allowing the police to devote more time to responding to more critical public safety situations; and WHEREAS, the City Council finds that regulation of vehicle towing is necessary for the purpose of promoting safety by implementing regulations to limit the practice of "chasing" in the City and also to limit to the extent possible the likelihood of violent or confrontational encounters between tow-truck operators and vehicle owners or operators; and WHEREAS, the City of Euless, Texas deems it necessary and proper and in the best interest of the health, safety, and general welfare of its citizenry to amend the provisions regulating towing services in the City that were previously adopted as set out herein, all of which are related to the goal of increasing public safety in the City of Euless. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Section 90-93 "Towing without specific authority prohibited" of Article IV "Tow Trucks and Nonconsent Tows" of Chapter 90 "Vehicles for Hire" of the Code of Ordinances, City of Euless is hereby amended to read as follows: Sec. 90-93 Towing without specific authority prohibited (a) It is a violation of this article to make a nonconsent tow of any vehicle without first securing a specific, written directive to tow such vehicle signed by the owner of the parking facility or the owner's authorized representative. The owner's authorized representative must be: (1) An employee of the owner; or (2) An agent of the owner who is designated by written agreement with the owner to prepare such written directives. (b) A written directive must: (1) Identify the vehicle to be towed by make, color, and license plate number; (2) Identify the person signing the directive; and (3) State the location from which the vehicle is to be towed. (4) State the date and time the directive is signed. SECTION 2. CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect 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 in this ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section. Ordinance No. 2074, Page 2 of 3 SECTION 4. PENALTY CLAUSE. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with Chapter 1, Section 1-12, Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 5. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances regulating vehicle towing 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 criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on June 23, 2015, by a vote of 6 ayes, o nays and o abstentions. APPROVED: ATTEST: -1 / Apra //. � Al _ .,,r Lino Martin, Mayor im Sutter, TRMC, City Secretary APPROVED AS TO FORM: L ( �__._. Wayne . Olson, City Attorney Ordinance No. 2074, Page 3 of 3