Legislation Details

File #: 23-0257    Name: Amended Towing Ordinance
Type: Ordinance Status: Approved
In control: City Council Regular Meeting
On agenda: 4/4/2023 Final action: 4/4/2023
Title: Consider/Discuss/Act on an Ordinance Amending Chapter 114 of the City's Code of Ordinances, "Wrecking Services" by Amending Section 114-11, "Permits", Amending Section 114-21, "Auto Pound Specifications - Generally" by Permitting Auto Pound Permittees to be Located within the City's Extra-Territorial Jurisdiction, Deleting Section 114-22, "Same - Indoor Area", in its Entirety, Amending Section 114-29, "Suspension And Removal From Rotation List", Amending "Appendix A - Schedule Of Fees" by Amending the Towing Rate Schedule, Providing a Penalty, Repealing Conflicting Ordinances; Providing a Savings Clause; Providing a Severability Clause; Providing for Publication of the Caption of this Ordinance; and Providing for an Effective Date
Attachments: 1. Ordinance, 2. Ordinance (redline)

Title

Consider/Discuss/Act on an Ordinance Amending Chapter 114 of the City’s Code of Ordinances, “Wrecking Services” by Amending Section 114-11, “Permits”, Amending Section 114-21, “Auto Pound Specifications - Generally” by Permitting Auto Pound Permittees to be Located within the City’s Extra-Territorial Jurisdiction, Deleting Section 114-22, “Same - Indoor Area”, in its Entirety, Amending Section 114-29, “Suspension And Removal From Rotation List”, Amending “Appendix A - Schedule Of Fees” by Amending the Towing Rate Schedule, Providing a Penalty, Repealing Conflicting Ordinances; Providing a Savings Clause; Providing a Severability Clause; Providing for Publication of the Caption of this Ordinance; and Providing for an Effective Date

 

Summary

COUNCIL GOAL:                     Safe & Secure Community

 

MEETING DATE:                     April 4, 2023

 

DEPARTMENT:                      Police Department

                     City Attorney’s Office

 

CONTACT:                       Joe Ellenburg, Chief of Police

                     Mark Houser, City Attorney

 

RECOMMENDED CITY COUNCIL ACTION: Approval of the Ordinance.

 

ITEM SUMMARY: 

•                     This ordinance amends the City’s existing wrecking services ordinance to give greater operational flexibility to the Police Department in managing those wrecker service permittees operating in the City.

•                     Key items of the revisions are:

o                     Permittees may be located either in the City’s corporate boundaries or the City’s extraterritorial jurisdiction (ETJ);

o                     Permittees are no longer required to provide a maximum security indoor storage facility;

o                     The Chief of Police now has discretion to remove permittees from the City’s towing rotation list for certain violations; and

o                     An $800.00 fee may now be assessed for tows that require use of a heavy duty rotator.

 

BACKGROUND INFORMATION: 

•                     Texas Occupations Code Chapter 2308 permits a local authority to regulate private operators engaged in the practice of vehicle towing and booting within the areas in which the local authority regulates traffic and parking.

•                     The City previously adopted rules and regulations relative to towing, impoundment and disposition of abandoned vehicles pursuant to Ordinance No. 2000-09-061 on September 5, 2000, which was amended by Ordinance No. 2018-11-076, adopted on November 6, 2018, and currently codified under Chapter 114 of the City’s Code of Ordinances.

 

FINANCIAL SUMMARY: 

•                     Fee Change/Addition: An $800.00 fee may now be assessed for tows that require use of a heavy duty rotator.

•                     No financial impact to the City.

 

BOARD OR COMMISSION RECOMMENDATION: N/A