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 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:
(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:
(3)
Emergency overhead amber and red warning lights;
(5)
Fire extinguisher (A.B.C. Type), ten-pound minimum required;
(8)
Reflectors or traffic cones;
(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;
(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)
Any complaint regarding a towing company shall be submitted
in writing to the chief of police. The complaint shall be specific
as to the allegations and shall be signed by the individual submitting
the complaint. Complaints will be investigated to the fullest extent
possible.
(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)