The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accident.
Any occurrence which renders a vehicle wrecked or disabled, as defined in this section.
Chief of police.
The chief of the police department for the city or the person designated by him to act in his stead for the purposes of this article.
City of Houston Rate Study.
The City of Houston publication of adjustments to the rates charged for tow truck services, based upon the formula calculation described in section 8-123 of the City of Houston Code of Ordinances as it may be amended from time-to-time.
City.
City of Katy, Texas.
City permit.
Authorization granted to a towing company by the city under this article to tow vehicles within the city.
City permit holder.
Any entity possessing a current, valid city permit to tow vehicles within the city.
Consent tow.
Any tow of a vehicle in which the tow truck is summoned by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term "consent tow" does not include an incident management tow or a private property tow.
Disabled.
The status of any vehicle which had been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, the elements, or vandalism, so as to reasonably necessitate that such vehicle be removed by a tow truck.
Hazardous material.
(1) 
Any substance classified as a hazardous material under state or federal law or under a rule adopted pursuant to state or federal law; or
(2) 
A chemical petroleum product, gas or other substance that, if discharged or released, will or is likely to create an imminent danger to individuals, property or environment.
Incident management tow.
Any tow of a vehicle in which the tow truck is summoned by a peace officer because of a traffic accident or to an incident.
Nonconsent tow.
Any tow of a vehicle that is not a consent tow, including an incident management tow and a private property tow.
Parking facility.
Public or private property used, wholly or partly, for restricted or paid vehicle parking. The term "parking facility" includes:
(1) 
A restricted space on a portion of an otherwise unrestricted parking facility; and
(2) 
A commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school, home, apartment complex, property governed by a property owners' association, or government-owned property leased to a private person, including:
(A) 
A portion of the right-of-way of a public roadway that is leased by a governmental entity to the parking facility owner; and
(B) 
The area between the facility's property line abutting a county or municipal public roadway and the centerline of the roadway's drainageway or the curb of the roadway, whichever is farther from the facility's property line.
Parking facility owner.
(1) 
An individual, corporation, partnership, limited partnership, limited liability company, association, trust, or other legal entity owning or operating a parking facility;
(2) 
A property owners' association having control under a dedicatory instrument, as that term is defined in Texas Property Code § 202.001, over assigned or unassigned parking areas; or
(3) 
A property owner having an exclusive right under a dedicatory instrument, as that term is defined in Texas Property Code § 202.001, to use a parking place.
Police department.
The City of Katy Police Department and its officers, authorized employees and agents.
Police tow.
An incident management tow initiated when the police department calls a rotation contract holder from a rotation list.
Private property tow.
Any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle.
Private property towing permit.
A state-issued permit required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner. A tow truck permitted for this type of tow may also be used for consent towing but not for incident management towing, in accordance with Texas Occupations Code § 2308.104.
Public roadway.
A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.
Rotation contract.
An agreement between the city and a towing company to perform police tows.
Rotation contract holder.
A towing company contracted with the city to perform police tows.
Rotation list.
Any list prepared in accordance with a rotation contract and the provisions of this article.
State.
The State of Texas and its offices, departments and agencies.
Tow truck.
A motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another vehicle.
Towing company.
An individual, association, corporation or other legal entity that controls, operates or directs the operation of one or more tow trucks over a public highway in the state, but does not include a political subdivision of the state.
Vehicle.
A carrier or agent of transmission in, on, or by which a person or property may be transported on a public roadway. The term "vehicle" includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer, but does not include a carrier or agent of transmission that is moved by human power or used exclusively on a stationary rail or track.
Vehicle owner.
A person:
(1) 
Named as the purchaser or transferrer in the certificate of title issued for the vehicle under Texas Transportation Code chapter 501;
(2) 
In whose name the vehicle is registered under Texas Transportation Code chapter 502, or a member of the person's immediate family;
(3) 
Who holds the vehicle through a lease agreement;
(4) 
Who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or
(5) 
Who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle.
Vehicle storage facility.
A vehicle storage facility, as defined by Texas Occupations Code § 2303.002, that is operated by a person who holds a license issued under Texas Occupations Code chapter 2303 to operate the facility.
Wrecked.
The status of any vehicle damaged in any manner of collision which renders the vehicle inoperable mechanically or unsafe to operate.
(Ordinance 3097 adopted 6/26/2023)
(a) 
The prohibitions and requirements of this article shall apply to all vehicles towed on public roadways located in the city. This article shall also apply to vehicles seized by the police department.
(b) 
Any tow truck operated within the city shall be in full compliance with all applicable state and federal rules, including, but not limited to, those pertaining to vehicle registration, insurance and safety equipment.
(Ordinance 3097 adopted 6/26/2023)
The prohibitions and requirements of this article shall not apply to any person who necessarily must act immediately to prevent death or bodily injury to any person involved in an accident.
(Ordinance 3097 adopted 6/26/2023)
A vehicle may be pushed or towed by a vehicle other than a permitted tow truck only when it does not reasonably require removal by a tow truck and only when such may be done in a safe and legal manner.
(Ordinance 3097 adopted 6/26/2023)
(a) 
A towing company that desires to tow vehicles shall obtain a city permit from the city.
(b) 
An applicant for a new or renewal city permit and/or rotation contract shall submit, on a form provided by the city, a verified application containing or accompanied by the following:
(1) 
The true name, the trade name, location and mailing address, and telephone number of the towing company;
(2) 
The name, date of birth and home address of the applicant if a sole proprietorship;
(3) 
The name, date of birth and home address of each partner if the applicant is a partnership;
(4) 
The name, date of birth and home address of each corporate officer, if the applicant is a corporation;
(5) 
The name, address and driver's license number of every tow truck driver employed by the applicant;
(6) 
The location of the applicant's vehicle storage facility and a photocopy of the state license for the facility;
(7) 
A certificate from the city/county tax assessor-collector that all city taxes on all properties, real and personal, to be used in connection with the applicant's business are current;
(8) 
A certificate of liability insurance issued by a company authorized to do business in the state which identifies coverage in the amounts required under this article; and
(9) 
For each tow truck, the applicant intends to utilize:
(A) 
The make, model, size and model year;
(B) 
The vehicle identification number;
(C) 
The state license plate number;
(D) 
A photocopy of the certificate of registration issued by the state;
(10) 
Copies of all permits as issued by the state for specific types of towing (incident management towing, private property towing and/or consent towing);
(11) 
Copies of all appropriate licenses for each tow truck driver and towing company;
(12) 
Copies of continuing education requirements for license holders.
(c) 
Every application for a new or renewal city permit and/or rotation contract required under this article shall be sworn to by the applicant or city permit and/or rotation contract holder, and shall be accompanied by payment of a fee established in exhibit A, "tow fee schedule" attached to Ordinance 3097, as amended from time-to-time.
(d) 
No city permit or rotation contract shall be transferred or assigned from any person or company to another. When any change of ownership or change of controlling interest occurs, any existing city permit and/or rotation contract shall immediately terminate.
(e) 
Every city permit shall expire at 11:59 p.m. on December 31st of each year.
(Ordinance 3097 adopted 6/26/2023)
(a) 
All police tows shall be undertaken pursuant to the terms and conditions of a rotation contract specifically executed between the city and the towing company. All such related services and fees shall be established as a provision of the contract for services.
(b) 
The city may not execute a rotation contract with a towing company if:
(1) 
One or more of the following entities has been convicted of a felony or crime of moral turpitude and five years has not elapsed since the conviction and completion of any sentences, parole, or probation that resulted from the conviction:
(A) 
The towing company;
(B) 
Any of the towing company's owners or officers;
(C) 
Any of the towing company partners, if the towing company is a partnership;
(D) 
Any of the towing company's managers or members who have authority to make decisions on behalf of the entire company, if the towing company is a limited liability company;
(E) 
Any of the towing company's directors, if the towing company is a corporation or other entity with directors;
(F) 
Any of the towing company's trustees, if the towing company is a trust; or
(G) 
Any owner of all or part of a vehicle storage facility or any tow truck utilized by the towing company.
For purposes of this subsection (b)(1), a person shall be considered convicted if he entered into a deferred adjudication or otherwise entered a plea of guilty or no contest.
(2) 
One or more of the following entities owes delinquent fees or taxes to the city:
(A) 
The towing company; any of the towing company's owners or officers;
(B) 
Any of the towing company partners, if the towing company is a partnership;
(C) 
Any of the towing company's managers or members who have authority to make decisions on behalf of the entire company, if the towing company is a limited liability company;
(D) 
Any of the towing company's directors, if the towing company is a corporation or other entity with directors;
(E) 
Any of the towing company's trustees, if the towing company is a trust; or
(F) 
Any owner of all or part of a vehicle storage facility or any tow truck utilized by the towing company.
This subsection (b)(2) shall not apply to the extent the city is prohibited by state or federal law from considering the debt in authorizing a permit or other governmental benefit.
(c) 
If a towing company foregoes two (2) or more rotations requests in a month may be grounds for a reprimand.
(d) 
The towing company applicant must fully complete and verify a rotation contract application, which shall be in a form promulgated by the chief of police.
(Ordinance 3097 adopted 6/26/2023)
Every towing company having a city permit shall carry general liability coverage of $1,000,000.00 for each occurrence and workers' compensation or accident insurance in the amounts required by Texas Occupations Code § 2308.001 et seq.
(Ordinance 3097 adopted 6/26/2023)
(a) 
The chief of police is authorized to establish rotation lists for police tows. The lists are composed of tow truck companies that have entered into rotation contracts with the city, and that have requested and are qualified to appear on a rotation list. The police department shall establish and maintain these lists so as to alternate among the towing companies as much as practicable while ensuring each towing company receives all of its allotted rotation list slots. From the rotation lists, the police department shall call a towing company to:
(1) 
Remove a wrecked or disabled vehicle, or a vehicle in safe driving condition, but whose owner is not present, able or permitted to drive or to make authorizations;
(2) 
Remove a wrecked or disabled vehicle when the owner fails to designate a specific repair place or tow truck operator to remove his vehicle, and has authorized the police department to call a tow truck; and
(3) 
Remove a vehicle that the police department has determined is evidence or that may contain evidence in a criminal investigation.
(b) 
If the owner of a disabled vehicle is physically unable to designate to a police officer on the scene a city permit holder to remove the vehicle or the owner fails or refuses to designate one or has no preference, the police officer shall communicate that fact immediately to the police communications center or its authorized agent. The police communications center or its authorized agent shall then call the city permit holder next in line on the appropriate rotation list and request the permit holder to tow the vehicle from the scene. After the last city permit holder on the rotation list has been called, the next such call shall go to the first city permit holder on the rotation list.
(c) 
If the owner of the vehicle does not designate a city permit holder, and the police officer contacts the communications center requesting a tow, the dispatch of the call shall constitute a police tow. The responding rotation contract holder shall deliver the vehicle to the location requested by the owner; however, the call remains a police tow. The towing company may charge reasonable towing fees for removal of the vehicle, such fees to be paid by the vehicle owner.
(d) 
If, after arrival at the scene, the police officer in charge determines that additional assistance is needed, the police communications center shall be so notified, and shall dispatch immediately the next towing company on the rotation list.
(e) 
If, after arrival at the scene, and before the tow truck begins to hook to the vehicle, the owner of the vehicle requests the vehicle to be towed by their preferred towing company that holds an IM (incident management) license, the police officer may inform the tow truck driver to leave the vehicle at the scene. At that point, the police officer shall notify communications center to place the rotation contract holder back at the top of the rotation list.
(f) 
If the city permit holder on the rotation list is unable to respond to the scene within twenty (20) minutes from dispatch, then the police department communications center shall call the next city permit holder on the rotation list.
(g) 
No city permit holder shall use any other towing company that is not registered as a city permit holder for rotation calls.
(Ordinance 3097 adopted 6/26/2023)
(a) 
An applicant for a city permit required under this article or an applicant for a permit renewal shall own or lease the following:
(1) 
The types of tow trucks and equipment required to safely conduct tows in accordance with the provisions of Texas Occupations Code § 2308.001 et seq.
(2) 
Storage facility: The applicant must own or have use of a storage facility licensed under the Texas Occupations Code and be in full compliance with all relevant state statutes. The facility shall be located within fifteen (15) minutes of the corporate city limits and must be completely enclosed with fencing that completely blocks the view of the yard from the public, locks and other security devices as necessary to maintain security of stored vehicles. A towing company is not required to own or lease a storage facility if it only tows vehicles owned by the towing company.
(b) 
A towing company that wishes to enter into a rotation contract with the city shall have, at the minimum, three of the following types of tow trucks, one of which must be a heavy duty tow truck:
(1) 
Medium duty tow truck capable of towing motor vehicles with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds. Should a towing company choose to operate one or more medium duty tow trucks, at least one of the medium duty tow trucks shall have a boom and winch rated at not less than 8,000-pound lift capacity fully extended and a wheel lift device rated at not less than 6,000 pounds.
(2) 
Heavy duty tandem axle tow truck capable of towing motor vehicles with a gross weight rating that exceeds 25,000 pounds and equipped with a minimum of a 12,000-pound wheel lift under reach fully extended, a minimum of two 35,000-pound winches, and a boom rated at not less than a 35-ton lift capacity.
(3) 
Light duty tow truck must have a 7,000 and 11,000-pound lift capacity.
(4) 
Roll back must have a GVW rating of 19,500 pounds or greater and have a steel aluminum bed of 20 foot length.
(c) 
A towing company that wishes to be on the heavy duty rotation list and work major accidents shall have at least 1 heavy duty tow truck registered and permitted with the city and 1 available, must be able to arrive at the scene of a major accident within 45 minutes of receiving a call for service.
(d) 
At a minimum, all tow trucks shall be equipped with the following equipment which at all times shall be maintained in working order:
(1) 
36" wrecking bar;
(2) 
Towing lights;
(3) 
Emergency overhead amber and red warning lights;
(4) 
Safety chain;
(5) 
Fire extinguisher (A.B.C. Type), ten-pound minimum required;
(6) 
Broom;
(7) 
Shovel;
(8) 
Reflectors or traffic cones;
(9) 
Trash container.
(e) 
Each tow truck shall have the name, city and state of the city permit holder, as shown on its permit, on each side of the tow truck. The name, city, state and telephone number of the towing company shall appear in letters at least two inches high, which are permanently affixed, legible and on a contrasting background. Magnetic or other forms of removable signs shall not comply with this requirement.
(f) 
All trucks requesting to be on the rotation list must be registered with the city.
(Ordinance 3097 adopted 6/26/2023)
(a) 
It shall be unlawful for any person to operate a tow truck without an inspection permit issued by the city.
(b) 
Any holder of a city permit or an applicant for a city permit required under this article, by virtue of making application, agrees to allow the inspection of tow trucks, tow truck equipment and storage facilities by the chief of police between the hours of 8:00 a.m. and 5:00 p.m. on weekdays. In addition, each tow truck and the required equipment authorized under a rotation contract shall be subject to intermittent inspection to ensure compliance with this article. This authority shall be cumulative of any other authority held by the chief of police, other law enforcement officials, or other legally authorized public officials.
(c) 
The city shall issue an inspection permit for each tow truck utilized by a towing company that has passed inspection. The inspection permit shall have written upon it the vehicle identification number of the tow truck to which it is affixed. The inspection permit shall be prominently displayed on the left side of the front windshield. A tow truck that fails an inspection or that is not made available for inspection within three business days after written request for inspection by the city shall not be issued an inspection permit, and any previously issued inspection permit issued to that tow truck shall be void. A towing company that wishes to have a tow truck inspected after the truck has failed or been unavailable for inspection must send a request for inspection to the city in writing, and must pay a $100.00 inspection fee for each failing or unavailable tow truck that towing company wishes to have inspected.
(Ordinance 3097 adopted 6/26/2023)
(a) 
A city permit holder performing consent tows may collect fees that are deemed reasonable in accordance with the provisions set forth in Texas Occupations Code § 2308.001 et seq. and are based on the City of Houston rate study.
(b) 
City permit holders performing nonconsent tows shall charge fees in accordance with exhibit A to Ordinance 3097, as amended from time-to-time.
(c) 
Extra equipment: If the towing company is required to rent or lease a piece of equipment which is not required in the normal operation of a towing company, the cost for lease or rental of such equipment may be passed on to the vehicle owner.
(d) 
Number of tow truck employees to respond for heavy duty accidents: A minimum of two towing company employees must respond and share the responsibilities with each heavy duty tow truck to expedite the clearing of the roadway and increase safety. Failure to respond with two towing company employees will be counted as a failure to respond and the tow truck will not be allowed to work the scene.
(e) 
Private property nonconsent tows:
(1) 
Light duty.
The amount designated in exhibit A to Ordinance 3097, as amended from time-to-time.
(2) 
Heavy duty.
The amount designated in exhibit A to Ordinance 3097, as amended from time-to-time.
(f) 
When establishing or amending the allowable fees for nonconsent tows, the amounts shall represent the fair value of the services of a towing company and are reasonably related to any financial or accounting information provided to the city. In accordance with Texas Occupations Code § 2308.203, the city establishes the following procedures relating to towing fee studies to be followed upon a request from a towing company that a study be performed. The following list is not all inclusive:
(1) 
The city shall request financial records from the requesting towing company as they relate to vehicle insurance, registrations and operating costs;
(2) 
The city shall obtain current fuel prices;
(3) 
The city shall review towing fees from other cities of similar population;
(4) 
The city shall submit a recommendation to the mayor and city administrator for action. Recommended increases shall be taken to the city council for consideration.
(g) 
Exhibit A to Ordinance 3097, "tow fee schedule" as may be amended from time-to-time, does not and will not exceed the amounts sent by the City of Houston rate study.
(Ordinance 3097 adopted 6/26/2023)
(a) 
Fence shall completely block the yard and/or lot from the view of the public on all sides.
(b) 
Lot/yard must be able hold a minimum of 50 (fifty) vehicles and 4 (four) tractor and trailers.
(c) 
Shall have room for 1 vehicle that is indoors.
(d) 
Provide off-street parking for at least 4 customer vehicles.
(e) 
On-site office at the lot/yard shall be manned by personnel Monday through Friday from 8:00 a.m. to 5:00 p.m. and Saturday 9:00 a.m. to 12:00 p.m. (noon), excluding federal holidays.
(f) 
Shall be accessible via telephone 24 hours a day, 365 days a year.
(g) 
If accepting vehicles 24 hours a day, all storage yard/lots shall have vehicles available for release 24 hours a day within one hour of the customer arrival to the yard.
(h) 
Yard/lot shall be larger than 1/2 acre.
(i) 
All tow slips/invoices shall be kept on-site at the storage yard located in the city for a minimum of 5 years.
(Ordinance 3097 adopted 6/26/2023)
(a) 
Under this article, a city permit holder may charge the owner of the vehicle a storage fee and other charges as permitted by Texas Occupations Code § 2303.001 et seq.
(b) 
If the owner or any lienholders of record does not reclaim the vehicle within the time period prescribed by law, the vehicle shall be deemed abandoned and used or sold in accordance with the requirements of Texas Occupations Code chapter 2303.
(Ordinance 3097 adopted 6/26/2023)
A police officer investigating or present at any scene where the services of a tow truck are reasonably anticipated to be necessary shall not directly or indirectly recommend to any person the name of any towing company, nor shall any such police officer influence or attempt to influence in any manner the decision of any person on choosing or selecting a towing company.
(Ordinance 3097 adopted 6/26/2023)
No person shall drive or cause to be driven a tow truck to the scene of an accident on a public roadway unless such person has been called to the scene by the police communications center or its authorized agent or by a party involved in the accident; unless a wrecker is needed to prevent death or bodily injury to any person involved in an accident or collision.
(Ordinance 3097 adopted 6/26/2023)
(a) 
It shall be the obligation of all city permit holders to operate towing companies so as to provide safe and prompt removal of wrecked, disabled or police tow vehicles when properly called upon to do so in accordance with this article.
(b) 
The duty to provide safe and prompt towing service upon call includes, but is not limited to, the following specific duties:
(1) 
Upon arrival at the scene of an accident, towing company personnel shall take directions from the police officer in charge of that scene.
(2) 
Any person who tows any vehicle from the scene of an accident shall remove debris of the accident from the public roadway. This duty specifically includes removal of all broken glass and metal fragments from the public roadway and the removal of any load of any vehicle from the traveled portion of the public roadway so as to eliminate any hazard to vehicular traffic. This does not include responsibility to unload cargo from a vehicle in order to permit hauling of the cargo separately. Debris shall be disposed of in a manner which will keep it out of gutters, storm sewers, streams, public rights-of-way and property not belonging to the towing company. The police officer on the scene of an accident may provide assistance in locating a place for disposal of such debris.
(3) 
No city permit holder shall store any vehicles or tow trucks on the public roadways or rights-of-way. City permit holders shall use reasonable care in the storage of property not belonging to the permit holder so as to minimize the risk of theft or damage.
(Ordinance 3097 adopted 6/26/2023)
A towing company that tows a vehicle from a parking facility without the vehicle owner's permission shall within one hour after receiving the vehicle report (by telephone, in person, or by facsimile) to the police department:
(1) 
A general description of the vehicle;
(2) 
The state and number of the vehicle's license plate;
(3) 
The VIN of the vehicle;
(4) 
The location from which the vehicle was towed; and
(5) 
The name and location of the vehicle storage facility where the vehicle is being stored.
(Ordinance 3097 adopted 6/26/2023)
(a) 
In lieu of or in addition to any criminal prosecution or civil remedy for the violation of any section of this article, the chief of police shall have, as to the holder of any city permit or as to any applicant therefore, the duty and authority to enforce this article by administrative action in accordance with these principles and procedures.
(b) 
The proper and safe functioning of towing companies has critical impact on the health, safety and welfare of the public and involves use of the public roadways, often in circumstances necessitating prompt removal of dangerous obstructions to traffic on public roadways; therefore, the privilege of any person to be a city permit holder operating a towing company in the city shall be subjected to strict regulation in order to protect the public.
(c) 
For purposes of invoking any administrative remedy against a city permit holder, the acts or omissions of any agent or employee of the city permit holder shall be considered to be the acts or omissions of the city permit holder.
(d) 
A city permit holder may receive a written reprimand for any of the following offenses:
(1) 
Failure to properly clean up debris at an accident scene;
(2) 
Failure to maintain a licensed storage facility as required by this article;
(3) 
Driving any tow truck to or from the scene of an accident in a manner which endangers the life or safety of any person;
(4) 
Failure to maintain in effect any insurance required by this article;
(5) 
Charging a fee in excess of the amounts authorized by this article;
(6) 
Permitting a tow truck to be operated by anyone while under the influence of prescription drugs which could be reasonably anticipated to interfere with a driver's ability to operate the tow truck;
(7) 
Permitting a tow truck to be operated by anyone while under the influence of alcohol or illegal drugs which could be reasonably anticipated to interfere with a driver's ability to operate the tow truck;
(8) 
Permitting a tow truck to be operated by anyone whose operator's or driver's license is suspended;
(9) 
Any sustained complaint of theft by employees of towing company while acting in their capacity as employees of towing company, whether occurring during a police tow or otherwise;
(10) 
Any sustained complaint of threats made by employees of the towing company while acting in their capacity as employees of towing company made against third parties during a police tow or otherwise;
(11) 
Failing to comply with all directions of the police department while performing related activities on a public roadway; or
(12) 
Failure to comply with any state or federal law or city ordinance related to the operation of a towing company.
(Ordinance 3097 adopted 6/26/2023)
(a) 
The city may, without warning, notice, or hearing, suspend any city permit if the operation of the towing company constitutes an imminent hazard to public health or safety. When possible, a supervisor will confirm the hazard before suspension is effective. Suspension is effective upon service of the notice required by this article. When a permit is suspended, towing operations shall immediately cease.
(b) 
The city may suspend a towing company that receives two reprimands within a permit period for up to 30 days. The city may indefinitely suspend a towing company that received three or more reprimands within a one-year period.
(c) 
Whenever a city permit is suspended, the holder of the city permit shall be notified in writing that the permit is, upon service of the notice, immediately suspended. Opportunity for a hearing will be provided if the city permit holder files a written request with the city administrator or designee within five (5) business days. Whenever a city permit is suspended, the city permit holder shall be afforded an opportunity for a hearing within ten days of receipt of a request for a hearing. If no written request for a hearing is filed within five business days, the suspension is sustained and becomes final.
(d) 
A notice as required in this article is properly served when it is personally delivered to the holder of the city permit or when it is sent by registered or certified mail, return receipt requested, to the last known address of the city permit holder. A copy of the notice shall be filed in the records of the city.
(e) 
The city administrator or his designee, shall conduct the hearings provided for in this article at a time and place designated by him. Based upon the recorded evidence of such hearing, the city administrator or designee shall make final findings and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the city permit holder by the city administrator or designee.
(f) 
In the event the city suspends or indefinitely suspends a permit holder for cause, and the cause for such suspension or indefinite suspension is determined to be invalid, the permit holder's sole remedy shall be reinstatement.
(Ordinance 3097 adopted 6/26/2023)
(a) 
Any business or person who shall intentionally, knowingly, recklessly, or with criminal negligence, violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500.00 in accordance with the City of Katy Code of Ordinances.
(b) 
It shall be a defense to prosecution of any violation of this article that a person violated this article while acting to prevent imminent death or bodily injury to any person involved in an accident.
(Ordinance 3097 adopted 6/26/2023)