HomeMy WebLinkAboutPO 7062: ORDINANCE AMENDING SEC. 114-130 BY ADDING SUBSECTION (J) OF ARTICLE IV OF CHAPTER 114 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR City of
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INTEROFFICE MEMORANDUM
Date: October 13, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager of:t
From: Timothy Duriso, Chief of Police`
RE: PO 7062—Ordinance amending Sec. 114-130 by Adding Subsection(j) of
Article IV of Chapter 114 of the Code of Ordinances of the City of Port Arthur
Introduction:
The intent of this Agenda Item is to seek the City Council's approval to amend Sec. 114-130 of
Article IV (Wrecker Drivers Responsibility)by adding Subsection(j)of chapter 114 (Vehicle
for Hire) of the Code of Ordinances of the City of Port Arthur.
Background:
The Port Arthur Police Department requests adding Subsection(j)to the aforementioned
ordinance as it would be in the best interest of the city of Port Arthur to reflect that in
residential districts, no wreckers be permitted to be parked in any open parking space, garage,
driveway, carport or similar parking facility. Wreckers shall be prohibited from parking within
the area designated as the front yard in any residential area.
Budget Impact:
There is no budgetary impact.
Recommendation:
It is recommended that the City Council approve the amendment to Sec. 114-130 of Article IV
(Wrecker Derivers Responsibility)by adding Subsection(j) of Chapter 114 (Vehicle for Hire)
of the Code of Ordinances of the City of Port Arthur.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.O. 7062
JLH 10/13/22
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 114-130 OF ARTICLE IV
(WRECKER DRIVER' S RESPONSIBILITY) , ADDING
SUBSECTION (j) , OF CHAPTER 114 (VEHICLES FOR HIRE)
OF THE CODE OF ORDINANCES OF THE CITY OF PORT
ARTHUR.
WHEREAS, the Port Arthur Police Department deems that it
would be in the best interest of the City of Port Arthur to
amend Chapter 114 of the Code of Ordinances, particularly
Section 114-130 pertaining to wrecker services responsibility
by adding Subsection (j ) within the jurisdictional limits of
the City of Port Arthur; and
WHEREAS, the amendment is intended to reflect that in
residential districts, no wreckers are allowed to be parked
in any open parking space, garage, driveway, carport or
similar parking facility; and
WHEREAS, wreckers shall be prohibited from parking
within the area designated as the front yard in any
residential district .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1 . That the facts and opinions in the preamble
are true and correct .
Section 2 . That Section 114-130 of the Code of
Ordinances be amended by adding Subsection (j ) as denoted in
the attached Exhibit "A" .
Section 3 . That this being an Ordinance requiring
publication shall become effective ten (10) days after
publication.
Section 4 . That a copy of the Ordinance shall be spread
upon the Minutes of the City Council .
P.O. 7062
JLH 10/13/22
READ, ADOPTED AND APPROVED on this day of November,
A. D. , 2022, at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote : AYES :
Mayor:
Councilmembers :
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
AP OVED AS TO FORM:
au
Val Tiz no
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton Ci anager
Timothy . Duriso Chie of Police /y„c3 1
P.O. 7062
JLH 10/13/22
EXHIBIT "A"
ARTICLE IV.WRECKERS
Sec. 114-130. Wrecker driver's responsibility.
(a) Every wrecker driver shall obey all lawful orders given by any police officer, and shall not in any manner
interfere with any police officer in the performance of their duty.
(b) Wrecker drivers shall not remove any wrecked or disabled or illegally parked vehicle from any public street
without authorization from a police officer; provided, however,that the driver of a stalled or disabled vehicle
not involved in an accident may authorize a wrecker driver to remove his vehicle when no police officer is
present.
(c) Upon authorization to remove any vehicle from any street or private property,every wrecker driver shall
transport such vehicle to his storage area,or to such other destination as ordered by the police officer or
vehicle driver, immediately and by the most direct route.
(d) Any wrecker driver towing a vehicle from the scene of a vehicle accident shall be responsible to remove from
the scene of the accident any broken glass or other debris resulting from the accident. If more than one
wrecker is summoned,each driver shall be responsible for the cleanup and removal.
(e) The driver of any wrecker who performs any towing or other service, and is paid a fee directly for such
service,shall issue to the vehicle driver or his agent a signed receipt itemizing the services rendered and the
fee collected for such services.
(f) No person shall solicit in any manner,directly or indirectly,on the streets of the city,the business of towing,
removing, repairing,wrecking,storing,trading or purchasing any vehicle which is wrecked or disabled on a
public street.
(g) No person shall drive,stop or park a wrecker nearer than 200 feet of the scene or situs of an accident or
collision on the streets of the city until directed to do so by the officer investigating the accident,and the
persons driving or occupying the wrecker shall remain with the wrecker at all times unless otherwise directed
by the officer in charge of such investigation.The prohibition of this section shall be inapplicable, provided
that it is necessary to prevent death or bodily injury to any person involved in an accident or collision. It shall
not be necessary for a complaint charging a violation of this section to negate any exception contained in this
section concerning any prohibited act, but any such exception made in this section may be urged as a
defense by any person charged by such complaint.
(h) No wrecker driver,whether responding to or returning from the scene of an accident,shall be authorized to
exceed any posted speed limit.
(i) No tow truck company shall fail to answer three calls for service within one month,and, if it fails to answer
three calls for service within one month,the company shall automatically be suspended from the rotation list
for 60 days. However,a company cannot miss more than 24 calls per year.A tow truck company need not
answer a call for service if it called the police dispatcher in advance and asked to be taken off the rotation list
during a period of time when their vehicles are being repaired,are on another job or for other reasons.This
temporary recusal from the list can only occur three times per year.
(j) Unless a wrecker is being operated for the purpose of towing or removing a vehicle as set forth in Chapter
114 Section 121 of the Port Arthur Code of Ordinances, no wreckers shall be parked in any open parking
space,garage, carport, driveway,front yard,or similar parking facility in a residential district.
(Code 1961, §23-55;Ord. No. 13-53, §2(exh.A), 11-14-2013)
Created: 2022-09-13 10:30:13 [EST]
(Supp.No.43)
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