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HomeMy WebLinkAboutOrdinance 1797Ordinance No. 1797 Be it ordained by the City Council of the City of North Richland Hills, Texas, that: Section I Definitions The following terms, where used in this ordinance shall have the meaning and effect hereinafter set forth: 1. "Certificate of Registration" - The document issued by the Texas Department of licensing and regulation authorizing the operation of a specific tow truck. 2. "Commission" - The Texas Commission of Licensing and Regulation. 3. "Commissioner" - The commissioner of licensing and regulation. 4. "Day" - Twenty-four (24) continuous hours. 5. "Fence" - An enclosure of wood, iron, or other suitable material placed around a space used or intended for use to store vehicles and designated to protect the stored vehicles. 6. "Operate" - Using a tow truck to tow, winch, or otherwise move a vehicle or motor vehicle. 7. "Operator" - Any person operating a tow truck, regardless of whether or not the person owns the truck. 8. "Original Application" - The written application form, proof of insurance, photographs and any and all applicable fees. 9. "Parking facility" - any public or private property used, in whole or in part, for restricted and/or paid parking of vehicles. "Parking facility" includes but is not limited to commercial parking lots, parking garages, and parking areas serving or adjacent to businesses, churches, schools, homes, and apartment complexes. "Parking facility" also includes a restricted portion of an otherwise unrestricted parking facility. 10. "Parking facility owner" - any operator or owner (including any lessee, employee, or agent thereof) of a parking facility. 11. "Police Department" - The North Richland Hills Police Department. 12. "Police Operated Vehicle Storage Facility" - Short Title; Police Impoundment Facility. A vehicle storage facility operated by the police department under governmental authority and control primarily designed and designated for the storage and safekeeping of vehicles and motor vehicles that are towed or impounded at a specific location under police operation and control. 13. "Principal" - An individual who: (a) Holds personally, or as a beneficiary of trust or by other constructive means; 1. Ten (10) percent of a corporation's outstanding stock; or 2. more than $25,000 of the fair market value of a business. (b) Has the controlling interest of a business; (c) Has a participating interest of more than 10 percent in the profits, proceeds, or capital gains of a business, regardless of whether the interest is direct or indirect, is through share, stock or any other manner, or includes voting rights; (d) Is a member of the Board of Directors or other governing body of a business; or (3) Serves as an elected officer of a business. 14. "Renewal application" - The written application form proof of insurance, and any or all applicable fees. 15. "Registrant" - A tow truck owner who has obtained a department certificate of registration for a tow truck. 16. "Texas Tow Truck Act" - Vernon's Texas Civil Statutes, Article 6687-9b, in its entirety. 17. "Tow Truck" - A motor vehicle or mechanical device designed, adapted or used to tow, winch, or otherwise move disabled vehicles, or motor vehicles, wheeled vehicles, including those equipped with a mechanical, electrical or hydraulic winch, hydraulic wheel lift, or mechanical wheel lift, used to tow, winch, or otherwise move motor vehicles, or disabled vehicles. Rollback trucks, flatbed trucks with winches, slings, or wheel lifts and "mini-wreckers" are also to be considered as tow trucks. 18. "Tow Truck Owner" - A person engaged in the business of using a tow truck to tow, winch, or otherwise move a vehicle or motor vehicle. 19. "Consent Tow" - Any tow conducted with the permission of, or at the direction of the towed vehicles legal or registered owner, or such owner's authorized representative. Except as set forth in the definition of "non-consent tow" a tow will be considered a consent tow where the owner is able to give consent. 20. "Non-consent Tow" - Any tow conducted without the permission of or not at the direction of, the towed vehicle's legal or registered owner, or such owner's representative. 21. "Vehicle" - A motor vehicle subject to registration under the Certificate of Title Act, Vernon's Texas Civil Statutes, Article 6687-1, any other device designed to be self-propelled or transported on a public highway or every device in or by which any person or property is or may be transported or drawn upon a public highway or roadway. This term includes foreign registered vehicles and motor boats, outboard motor, or a vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code. 22. "Abandoned Motor Vehicle" - Any vehicle or motor vehicle that is left unattended on public property for more than twenty-four (24) hours, or a motor vehicle that has remained on private property without the consent of the owner or persons in control of the property for more than twenty-four hours, or a vehicle or motor vehicle left unattended on a right-of-way of a designated city, county, state, federal highway, or a public roadway for more than twenty-four (24) hours, or by the nature of its location poses an immediate threat, hazard, or compromises the safety or well-being of the general public. 23. "Damaged Motor Vehicles" - Any vehicle or motor vehicle that is inoperative or a vehicle rendered unsafe as a result of a collision or a criminal act. 24. "Impounded Vehicle" - Any vehicle held for safekeeping by the police department, fire department, code enforcement officers, or other designated officials of governmental agencies to include vehicles or motor vehicles moved, removed, transported, towed or stored by police authority for violation of Federal, State, or Municipal codes or statutes, or in connection with a police or related criminal investigation by proper authority. 25. "Motor Vehicle" - A vehicle subject to registration under the Certificate of Title Act, Vernon's Texas Civil Statutes, Article 6687-1, or any other device designed to be self-propelled or transported on a public highway or roadway. 26. "Vehicle Owner" - A vehicle owner is (a) a person in whose name the vehicle is registered under the certificate of title act, Vernon's Texas Civil Statutes, Article 6687-1; (b) A person in whose name the vehicle is registered under general laws, acts of the 41st Legislature, Second Called Session, 1929, Chapter 88, Texas Civil Statutes, Article 6675-a-2, Section 2, or a member of the persons immediate family; (c) A person who holds the vehicle through a valid lease agreement; or (d) an unrecorded lienholder with a right to possession. 27. "Vehicle Storage Facility" - A garage, parking lot, or any facility owned or operated by a person other than a governmental agency or entity for storing or parking ten or more vehicles. Ten or more vehicles shall mean the capacity to park or store ten or more vehicles a year. 28. "The Vehicle Storage Facility Act" - Vernons Texas Civil Statutes, Article 6687-9a, relating to vehicle storage facilities. Section II Private Vehicle Storage Facility A. Any vehicle storage facility within the incorporated city limits of the City of North Richland Hills will be governed by the rules adopted under the authority of the Vehicle Storage Facility Act, this facility must comply with all other applicable codes, zoning restrictions, fire codes, health codes and safety codes. B. A vehicle storage facility being operated within the incorporated city limits of North Richland Hills must furnish the police department with a current copy of the vehicle storage facility license issued by the Texas Department of Licensing and Regulation prior to storing vehicles. C. No private vehicle storage facility shall permit any tow truck which is not registered and displaying the required "Texas Tow Truck" license plate per the provisions of the Texas Tow Truck Act, Texas Civil Statutes, Article 6687-9D and the administrative rules promulgated thereunder, to enter onto the grounds of the facility. Section III The Police Vehicle Storage Facility A. The police impoundment area will be enclosed completely by a secure fence at least 5 feet in height and will be kept locked at all times, except when accepting or releasing an impounded vehicle. B. The police impoundment area shall have an all-weather surface that makes delivery and release of vehicles feasible in all weather conditions. C. The police impoundment area shall have a sign posted at the main entrance, clearly visible and readable from the street, displaying the words "North Richland Hills Police Department Vehicle Storage Facility", the correct street address of the impoundment area, the telephone number where a vehicle release may be obtained, and the hours during which a vehicle may be obtained for release. D. The police impoundment area will be served by a lighting system capable of providing illumination at the entrance and in the traffic lanes inside the fenced perimeter, sufficient to view vehicles and any damage upon them during the hours of darkness. E. Access into the police impoundment area will be restricted to authorized police personnel and the agents of the wrecker service authorized to make pulls for the Police Department. F. All vehicles pulled by the Police Department wrecker under the authority of the Police Department and all pulls of city owned vehicles will be impounded in the police impoundment area. The ranking supervisor on duty in the police department may authorize a comparable impoundment accommodations, if required, for investigative reasons. G. Release of vehicles from the Police impoundment area is the sole responsibility of the police department. No release will be obtained without proper authorization from the Police Department. H. The Police Department, although exempted from the laws pertaining to licensed vehicle storage facility, will maintain the same standards of storage required by the Vehicle Storage Facility act for private industry. I. No wrecker may tow a vehicle from this facility without a current Texas Tow Truck Tag being displayed upon that vehicle in the manner prescribed by law. This does not apply to governmental owned/operated wreckers which are exempt. Section IV Tvoes of Wreckers A. Owners Request - A wrecker requested to render service or towing for a particular person at their request. The operator of the vehicle or its owner must request this wrecker by name. This wrecker is not required to be on an approved listing to tow for this police department but, must have in place a tow truck tag as required by the Texas Tow Truck Act or it will not be allowed to tow the vehicle. An owners request wrecker may be used at the scene of an accident or on a vehicle that is abandoned unless the officer on the scene determines that the vehicle is hazardous or that a time delay would endanger, or hamper the general public's safety, well .being, or the investigation. If the officer deems it necessary a "Police Department Wrecker" will be notified for immediate removal. B. Rotation Wreckers - A wrecker that is called through the police department as a service to the public when the owner/operator knows of no particular wrecker service that they wish to use. The same restrictions apply to a rotation wrecker as does to an owners request wrecker. C. Police Department Wrecker - This wrecker is under police control and is called under police authority to remove or otherwise move vehicles. The vehicles moved by this wrecker will be taken to the Police Department Operated Storage Facility or other designated area at the direction of police officials as they specify. These tows are to be considered by definition as non-consent tows as set forth in the Texas Tow Truck Act. The police department wrecker is a contractual wrecker service that is determined by a competitive bidding process. Section V Permits/Aooroved Wrecker Listing A. Permits: (1) The City does not require a city permit for wreckers to operate within the city. (2) The City does not require a city permit to operate a vehicle storage facility in the city limits although all zoning and code ordinances shall apply. (3) The City does adopt all enforcement rights and requirements as set forth in State laws that regulate tow trucks and/or vehicle storage facilities. B. Police Department Wrecker: (1) Shall provide documentation that meets all requirements set forth by applicable laws to operate a wrecker in the State of Texas and, (2) Will provide a current listing of all employees, owners, agents, of their company to the police department and will keep this list current and, (3) Will maintain a minimum of four operating, approved, wreckers and, (4) Will abide by all contractual obligations as set forth in the approved contract. C. Rotation Wreckers: (1) The police department shall maintain a current list of wreckers that request to be placed on a rotational listing for called wrecker services; (2) These companies must meet all requirements set forth by the Texas Tow Truck Act and Vehicle Storage facility act before they can be placed on this listing. (3) These companies will provide adequate documentation to show they have met all requirements. (4) These companies must maintain a current listing of all owners, operators, agents, or employees and provide a copy of it to the police department. Section VI Police Deoartment Wrecker Service The Police Department wrecker service shall be used for all vehicles on which a tow/pull is required by the Police Department and called by Police authority to be towed to the Police impoundment area. The police wrecker service shall tow all vehicles such as illegally parked, inoperable or abandoned vehicles, vehicles involved in accidents where the owner is not present, or is unable to request a wrecker, or in situations where the operator is hospitalized or incarcerated. This service shall also tow vehicles being held in criminal cases as evidence, vehicles seized for forfeiture in civil actions or vehicles involved in accidents where the officer deems it necessary to remove the vehicle by police authority and non-consent towing as defined under applicable State law. (1) The Police Department wrecker service shall serve under a contract that is awarded annually by the City Council. The contract shall be by a competitive bidding process with effective dates resolved by the City Council and may be for a period determined by the Council within the limits of state law. (2) If a wrecker service desires to bid for the Police Department wrecker contract it must meet all the approval requirements as set forth in Section V, Article II a-d, as well as all rules, guidelines, and statutes under Texas Civil Statutes concerning operation of a wrecker in the State of Texas. (3) The wrecker service must have in continuous serviceable operation, at least four (4) wrecker units. It is not required for a bidding wrecker service to hold a listing on the rotation wrecker listing. (4) The Police department wrecker, if desired, may also be placed on the approved wrecker rotation listing but must submit the request in writing and hold a license for a current vehicle storage facility and meet all requirements as set forth for rotation wreckers. (5) The police department wrecker service company must agree to comply with directives given by police department personnel during police initiated activity, towing vehicles to the police department impoundment area, or any other location specified by the police department for investigative purposes. (6) The police department wrecker service company will be responsible for all pulls made under police authority whatever the load may demand. (7) The Police department wrecker service company will be responsible for having the necessary agreements in place for large wrecker service capabilities if they do not own or operate this type vehicle themselves. This agreement must be furnished to the police department and kept current. This agreement will set in place that the contractual police department wrecker service company is responsible for all calls, work, towing, and other matters relating to the use of a large wrecker service to include but not limited to contact, complaints, and all billing. (7) The police department wrecker service company will be responsible for all city vehicle towing, winching, and road service as set forth in the contract between the city and the wrecker service. (8) The Police department wrecker service must equip all wrecker units with both receiver and transmitter capability for communications with the police department on a frequency designated by the police department. (9) The police department wrecker service will not possess any right or privilege, express or implied, for usage of the police impoundment area, except as specifically authorized under this ordinance. (10) Agents, owners and employees of the police department wrecker service shall not remove or dismantle vehicles or parts of vehicles, nor remove or authorize removal of property from any vehicle or parts of vehicles impounded or to be impounded in the police impoundment area. (11) It is the duty of any agent or employee of the police department wrecker service to notify impoundment personnel of any and all damage concerning a vehicle, equipment or property that the wrecker service company may have caused. (12) The police department wrecker service must comply with all applicable State, Federal and local codes, statutes, requirements and rules and have in effect current Texas Tow Truck tags, licenses and vehicle storage facility licenses, if applicable, at time of application to bid on the contract, and during the entire course of the contract. (13) The police department wrecker service will have a fee structure that is set forth in the awarded contract. (14) The police department wrecker service will have the requirement of reasonable response times to calls as set forth in the contract. Section YII Rotation Wrecker Services Listing All Wrecker service companies desiring to be called for wrecker service or consent towing by the City of North Richland Hills Police Department shall request in writing to be placed on the rotation wrecker list maintained by the police department. This listing is current for a period of one year only and is subject to application between January 1st and February 15th, annually for an effective date of March 1st. Any service choosing not to reapply within the specified dates will be dropped from the rotation wrecker listing on March 1st. This listing will be limited to a number of wrecker services to adequately serve the public and all police departments needs. It will also maintain service and guarantee a timely response as required. The number of services to be maintained on the listing will result from a review of the prior years usage and will be determined by the police department. (1) The police department shall maintain a rotation wrecker list. The list shall be maintained in order of application by dates received at the police department. The application with written request shall be accepted only by U.S. Mail and post marked. (2) Application to be placed on the rotation wrecker listing will include a formal letter requesting to be placed on this list along with copies of currently issued licenses to operate a wrecker service, vehicle storage facility, comptrollers certificate, business licenses, a list of equipment to be used, a listing of all officers agents, and employees, copies of all issued tow truck tags and all other written requirements required for issuance of a license for wrecker services and vehicle storage facility as set forth by the Texas Department of Licensing and Regulation. Once a written request is received along with sufficient evidence that all requirements set forth by the department have been met, the wrecker service will be placed on the rotational listing. No company failing to meet the requirements set forth by the Department will be placed on the rotation listing nor shall they remain on the rotation list. All requirements set forth in the Texas Vehicle Storage Facility Act and the Texas Tow Truck Act must be continuously met. (3) The first wrecker company on the list shall be notified. After the company at the top of the list receives a call the company's name will be placed on the bottom of the listing and the next company shall be moved to the top of the list and it shall receive the next call. This process shall be repeated until each company providing wrecker service on the list has received a call, then the process will be repeated. (4) When a rotation wrecker service is requested by the police department to make a cal 1 and the company agrees to make the cal 1, then the company shall immediately proceed to the scene of the call. The company shall be given a reasonable length of time in which to reach the location. If the wrecker service answering the call has not reached the location within a reasonable length of time, the officer at the scene may elect to call the next wrecker service on the list and that company shall have priority on that particular call. The first wrecker called shall then lose that particular turn in rotation. In normal weather or traffic conditions, "reasonable time" shall be construed as twenty-five minutes maximum. Under adverse weather or traffic conditions or special circumstances exist that can be justified to police officers at the scene causing a longer delay "reasonable time" shall be construed as forty-five minutes maximum. If the exceptions do exist to cause a longer delay the police department must be notified prior to the reasonable time of twenty-five minutes required response for exception to the rule but in no manner may this time exceed forty-five minutes. (5) All wrecker services desiring to be placed on the rotation listing shall comply with a rate schedule set forth by the city council. (6) All wrecker services on the rotation listing are required to maintain files of police rotation wrecker calls and copies of the invoice to the customer on each of these calls. These files are subject to audit by police department personnel. During audits if it is found that the rotation wrecker service company is charging fees not in accordance with the rate schedule set forth by the city council, this service is subject to removal from the rotation wrecker listing. (7) Vehicles pulled by rotation wreckers must be available for release during the specified times as shown under the Licensed Vehicle Storage Facility Act. (8) Rotation wrecker service companies shall not be allowed to transmit on any of the designated police frequencies unless those agreements were in place prior to the effective date of this ordinance. (9) Rotation wrecker service companies must supply the police department with current listings of all agents, owners, or employees within ten (10) days of any changes. (10} Any wrecker service on the rotation listing must be located within four (4) driven miles, by the closest route, from the corporate city limits of North Richland Hills. Section VIII Removal of Vehicle from Accident Scene No damaged or inoperative motor vehicle or vehicle shall be removed by the owner or a wrecker service company from the scene of a collision or vehicle accident without first notifying the North Richland Hills Police Department. Section IX Solicitation of Wrecker Business A. No person shall drive a wrecker to or near the scene of an accident within the City of North Richland Hills unless such wrecker has been called to the scene by the owner or his representative of a vehicle involved, or by the Police Department. Each such wrecker operator, when called directly by the vehicle owner or his representative, shall notify the police dispatcher before proceeding to the scene of the disable vehicle at the accident scene. B. No employee of the City of North Richland Hills shall recommend to any person directly or indirectly either by word or gesture, sign or otherwise the name of any particular person or firm engaged in the wrecker business, nor shall any city employee influence or attempt to influence in any manner a decision of a person in choosing or selecting a wrecker service, company or operator. Section X Debris at Accident Scene Each wrecker company called to the scene of an accident shall completely remove from the street all resulting wreckage or debris, including all broken glass, before leaving the accident site. Section XI Non-Consent Wreckers A. Reoossession or Recovery Wreckers: No person or firm shall operate a wrecker business in any manner directly or indirectly, within the city limits for the purpose of towing a vehicle without the direct and express consent of the owner of the vehicle being towed, unless that wrecker or company has made the proper notifications as prescribed by law to the police department, prior to the removal of the vehicle. Proper notification is deemed as the location the vehicle is being removed from, removed by whom, removed to what location, removed by whose authority, and complete description of the vehicle, in a written manner on the prescribed form at the police department. B. Contractual Wreckers - Private Prooerty Towina - Non-Consent Towinq: (1) Wrecker services or firms engaging in private property, non-consent towing of vehicles pursuant to V.A.C.S., Article 6701g-2, shall be either: 1) approved City rotation wrecker services, as defined in Section VII of this Ordinance or; 2) Wrecker services licensed by the State under the Texas Tow Truck Act and based within the city limits of North Richland Hills. (2) A wrecker service towing and/or a vehicle storage facility accepting a non-consent towed vehicle towed from private property must report that tow to the police department. This reporting must be made within thirty minutes of removing the vehicle, giving the vehicle license plate number and issuing state, vehicle identification number, location from which it was removed, where it is stored, contact information of storage facility and of the person authorizing the vehicle to be removed. C. "Parkins Facilitv" Sianaae and Posting Reouirements (1) These requirements shall apply only where notice of prohibited parking is given by signs. They shall not apply to tows made of vehicles parked in fire lanes or of vehicles obstructing an entrance, exit or aisle of a parking facility. (2) Signs shall be placed on the right-hand side of each driveway access or curb cut allowing vehicular access to a parking facility. If there are no curbs or access barriers, signs shall be placed at intervals of not less than twenty-five feet (25') around the perimeter which is accessible by vehicles. (3) Each sign shall be placed at a right angle so as to face entering traffic. They shall be placed no farther than five feet (5') from the public right-of-way line, but shall not be within said right-of-way. (4) Each sign shall be permanently installed on posts so that the bottom edge of the sign is no closer than five feet (5') nor farther than seven feet (7') from the ground. (5) Each sign shall be a minimum of eighteen inches (18") wide by twenty-four inches (24") high and a maximum of twenty-four inches (24) wide by thirty inches (30) high. Their facings shall be fabricated out of weatherproof material. The letters on such signs shall be of a minimum height of two inches (2"), of a contrasting color to the back- ground and shall be light reflective. The background shall be white. (6) Each sign shall state who may park in the facility, and shall further state that all others are prohibited and will be towed away at the owner's expense. The words "TOW AWAY ZONE" or "TOWING ENFORCED" shall be included on each sign in capital letters of a minimum height of two inches (2"). (7) Each sign shall provide the name and current telephone number of the person or firm authorized to tow vehicles from the parking facility, and the name and current telephone number of the vehicle storage facility, if different from the person or firm authorized to tow vehicles. Alternatively, each sign may state the name and phone number of the parking facility owner if that person has knowledge of the location of the stored vehicle. (8) Signs shall be continuously maintained at a parking facility for twenty-four (24) hours prior to the towing or removing of any vehicle. However, this subsection shall not be deemed as giving proper notice to the owner of a vehicle parked on a parking facility prior to the installation of the signs and not subsequently moved by the owner. (9) Parking facility owners shall provide the Chief of Police with photographs of signs posted in accordance with this Section and a copy of any contractual agreement between the parking facility owner and any wrecker/towing service or firm. (10) These provisions shall be in addition to the requirements of V.A.C.S., Article 67018-2. D. A telephone Fax transmitted of the authorized police department form shall be considered as proper notification in both Articles 1 and 2. Section XII Wreckers - General Any wrecker being operated within the jurisdictional limits of the City of North Richland Hills will be required to display a valid Texas Tow Truck Tag and meet all the specified requirements as set forth in the Texas Tow Truck Act. A wrecker not displaying the required tag nor meeting the requirements of the Act will not be allowed to remove, move or otherwise tow a vehicle within the city limits. Section XIII Fees A rate schedule of acceptable fees to be charged by rotation wrecker service companies and the police vehicle storage facility will be adopted by the City Council. The fees that are allowable by the police department wrecker service will be agreed on and specified in the wrecker service contract. Section XIV Suspension of Service Wrecker services controlled by this ordinance may be suspended from service with the City for any of the following: (1) Noncompliance with the Texas Tow Truck Act or Vehicle Storage Facility Act which results in a suspension of their state license. (2) Willful noncompliance with any section of this ordinance. (3) Falsification of documentation. (4) Habitual failures to respond to requests for service from the police department. For this "habitual" will be construed as three within one year. (5) Failure to allow inspection of equipment, facilities, or records by the chief of police or his authorized representative. Section XY Anneal to Susoension of Service A. If the service of a wrecker service company is suspended by the Chief of Police and the company wishes to appeal the suspension, they may do so, in writing to the City Manager. A copy of the appeal should be forwarded to the office of the Chief of Police to serve as notice of appeal. If the suspension is sustained by the City manager, the company owner affected may appeal the decision to the City Council. The appeal should be made in writing, and copies forwarded to the Chief of Police, and the City Manager, to serve as notice of appeal. The decision of the City Council shall be final. B. After suspension of the service in question by the Chief of Police, and upon notice of appeal of the decision to suspend, said suspension shall be commuted to an administrative probation status for the service until a final decision is rendered, or the appeal is withdrawn. During the administrative probationary period, prior to the final disposition, the permit holder will be allowed to operate "business as usual" pending a final decision, without restriction, unless such a violation of law has occurred as a basis for the suspension, that it is in the best interest of the citizens of North Richland Hills to impose certain restrictions. It shall be the discretion of the Chief .of Police, as approved by the City Manager, to impose such restrictions on the service as may be necessary to potentially protect the interests, the peace, and dignity of the citizens of North Richland Hi11s. C. If, on appeal, the suspension is overruled the service shall be removed from administrative probation status and returned to normal status with no further inconvenience involved. Section XVI Notifications It shall be the responsibility of the police department to notify the police contractual wrecker service and the listed rotation wrecker services of any changes in writing, in the ordinance. The department shall also notify the affected services on the adopted council fee structures annually at the time of resolution by the city council. Section XVII Texas Vehicle Storage Facility Act Texas Tow Truck Act The City of North Richland Hills adopts the Tow Truck Act, Article 6687-96 V.T.C.S. and the Texas Vehicle Storage Facility Act, Article 6687-9a V.T.C.S., as the governing requirement for the ordinance. These articles in form shall be the requirements. Changes in these articles shall not constitute a change in the ordinance since they are a state law. All wrecker services that operate within the city limits must meet all the requirements of Texas Tow Truck Act and the Texas Storage Facility Act. Section XVIII Penalties for Violation Any firm, corporation, partnership, or individual who knowingly violates any section of this ordinance shall be guilty of a misdemeanor, and shall upon conviction in a court of jurisdiction, be punished by a fine not to exceed two hundred dollars ($200.00). Each day may be judged to be a separate violation. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision will not affect the validity of the remaining portion of this code. Section XIX Ordinance NO. 1752 is hereby repealed and replaced by this Ordinance. Passed and approved this 27th day of April ,19 92 , Mayor - Tommy o Attest: ~~~~~~~ - Ci~ Secretary - Jeanette Rewis Approved as to legality and form h City /j+rtorney - Rex McEntire 1 . NO. ow AN O 6N *44 iM�Ai31:llY1 **ECKER SER- V1 f WIT " THS­CITY; DEFINING :.TERMS; ADOPTING THE T .XAS;.TOW TRUCK ACt,..QF..' .TH.E STATE :OF TEXAS; REGULATING VEHICLE STORAGE FACILITIES; PROVIDING FOR A RO- TATION SYSTEM; PROHIBITING SOLICITATION AT ACCIDENT SCENES.; GOVERNING NON -CON- CENT TOWING; PROVIDING FOR PARKING FA- CILITY SIGNAGE AND POSTING REQUIREMENTS; PROVIDING FOR FEES; PRO- VIDING FOR SUSPENSIONS AND APPEAL PRO - CEDURE IN THE EVENT OF SUSPENSION; PRQNIQING FOIE@ A. FINE NOT IN EXCESS OF $200 FOR VIOLATION AND :ENACTING A SAVINGS 014AUSE. > LEGAL AFFIDAVIT �P 4SED AND''APPROVED THIS 27TH bAY OF ALPS. IL, 1992, `JIIIY THE CITY COUNCIL OF THE CITY OF NORTIj,RICHLANDHILLS, TEXAS. APPROVED: THE STATE OF TEXAS Mayor myerown' L COUNTY OF TARRANT 8�� ATTES City Sed4tary APP,RO t0 FORM AND LEGALITY: ' /s /Rax tiro Before me, the undersigned authority on this Attorne for the cit - MCN CPA tit14 ;: a - peared MARGIE LANGLFY known to me to be a cl PU8:.0510 /9 o%Ja,, ..a.v first being sworn, deposed and upon her oath said: That she is the C.L. A . R . of the MID CITIES NEW , a newspa- per which has been regularly and continuously published and of general circulation in the City/Town of N. RICHLAND HILLS for a period of more than one year next preceding the first publication of the attached LEGAL AD and that he caused said notice to be published in said newspaper on the following date(s). 5 ` - q z4)_ That the attached is a true and correct copy of said notice as published on said date(s) in said NEWSPAPER w\ - Y�_ U U Sworn to and subscribed before me, this the day of �y a Notary Public, TARRANT County, Texas