HomeMy WebLinkAbout970 05-24-1988ORDINANCE NO. 970
AN ORDINANCE AMENDING SECTION 15 -45 OF THE EULESS
CODE OF ORDINANCES APPERTAINING TO WRECKERS AND
TOW TRUCKS TO EXEMPT CERTAIN WRECKER
OPERATIONS FROM REGULATION AND PERMITTING AS
REQUIRED BY STATE LAW; PROVIDING A PENALTY FOR
VIOLATION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article III of the Euless Code of Ordinances regulates certain
operations of wreckers and tow trucks within the corporate limits of the City of
Euless, Texas; and
WHEREAS, recent adoption by the Texas Legislature of the Texas Tow Truck
Act (Article 6687 -9b, Vernon's Annotated Civil Statutes) establishes a state wide
regulation and permitting process for certain wreckers and tow trucks and the
operation thereof and proscribes municipalities from certain regulation thereof; and
WHEREAS, it is the desire of the Euless City Council to amend its ordinance
appertaining to the regulation, operation, and permitting of wreckers and tow trucks
and the operation thereof within the corporate limits of the city to conform to such
recently adopted legislation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
Subsection (a) of Sec. 15 -45 of Article III of the Euless Code of Ordinances is
herewith amended to hereafter be and read as follows:
(a) Scope of Activity for Which Required: No person shall drive, operate or
cause to be operated, nor shall any person employ, permit or allow another to
drive, operate or cause to be operated any wrecker over any street in the city
for the purpose of removing, moving or towing of any vehicle without first
having obtained from the city under the provisions of this article, a permit
authorizing such operation and use of said wrecker vehicle. This subsection
shall not be construed to prohibit, nor shall a permit be required for, the
transportation by a non — resident wrecker company or operator, of a vehicle with
the consent of the owner of such vehicle or such owner's authorized
representative, provided such wrecker shall be registered with the Texas
Department of Labor and Standards under the Texas Tow Truck Act. A
non— resident wrecker company or operator shall mean that the wrecker owner
does not maintain a place of business within the corporate limits of the City of
Euless, Texas.
IL
Penalty for Violation. 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 an amount not to exceed $200.00. Each
such violation shall be deemed a separate offense and shall be punishable as such
hereunder.
III.
Severability Clause. That 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 invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or 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 in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
L"I
Saving Clause. That Chapters 2 -1/4, 3, 4, 4 -1/2, 6, 7, 8, 10 12, 13, 15, 16 and
Appendix B of the Code of Ordinances, City of Euless, Texas, as amended, shall
remain in full force and effect, save and except as amended by this ordinance.
V.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas.
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless
City Council on the 10thday of May 1988; by a vote of 4 ayes, 0 nays,
and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular
meeting of the Euless City Council on the 24th day of May 1988; by a vote
of 5 ayes, 0 nays, and 0 abstentions.
APPROVED:
J�arold amuels, Mayor
ORDINANCE NO. 970
ORDINANCE AMENDING SECTION 15 -45, EULESS CODE OF ORDINANCES
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ATTEST:
Ray/Rainey, Cty Secretary
To?-ZORM:
r-' R
City Attorney
MRM:0088a:ms1:42688
ORDINANCE NO. 970
ORDINANCE AMENDING SECTION 15 -45, EULESS CODE OF ORDINANCES
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