Ord. 0374-3 10-27-03ORDINANCE NO. 374-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 31, WRECKER SERVICE, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, TO AMEND SECTION 31-1, ENTITLED
DEFINITIONS, AND TO AMEND SECTION 31-2, ENTITLED PERMIT
REQUIRED; PRESUMPTION IN PROSECUTION FOR VIOLATION OF
PERMIT REQUIRED; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION
AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 31, Wrecker Service, of the City of Pearland Code of
Ordinances, is hereby amended to AMEND Section 31-1, entitled Definitions, to read as
follows:
"31-1. Definitions.
Emergency auto wrecker shall mean an auto wrecker having a gross vehicle weight of
twenty-six thousand (26,000) pounds or less, which holds a valid emergency auto wrecker
permit from the city, and which lawfully appears at the scene of an accident or other police
incident for the purpose or in expectation of towing, removing, or hauling away the vehicle
from the scene of the accident or police incident site.
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Section 2. That Chapter 31, Wrecker Service, of the City of Pearland Code of
Ordinances, is hereby amended to AMEND Section 31-2, entitled Permit Required;
Presumption in Prosecution for Violation of Permit Required, to read as follows:
"31-2. Permit required; presumption in prosecution for violation of permit required.
(a) It shall be unlawful for any person to drive or operate or cause to be driven any auto
wrecker upon any public street in the city for the purpose of towing or hauling wrecked or
disabled vehicles, either for hire or as an incident to obtaining the business of storing,
wrecking or repairing such wrecked or disabled vehicles, away from a police incident site or
ORDINANCE NO. 374-3
the scene of an accident where the wrecked or disabled vehicles have collided with any
other vehicle or other object or which have been wrecked or disabled in any manner,
without having first obtained an emergency auto wrecker permit from the city, duly issued
under this chapter to such person to operate an emergency auto wrecker on the streets of
the city.
(b) In any prosecution for a violation of section 31-2(a) proof that an owner's auto
wrecker, for which an emergency auto wrecker's permit has not been issued, was present
at the scene of a collision or accident in which a vehicle was wrecked or disabled shall
constitute prima facie evidence that such owner was operating or causing to be operated
his/her auto wrecker as an unpermitted emergency auto wrecker.
(c) It shall be an exception to the application of Subsection (a) for an auto wrecker to
tow or haul a vehicle from an accident scene or police incident site without a valid
emergency auto wrecker permit if said auto wrecker was summoned by the police
department pursuant to Section 31-17 (c)."
Section 3. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
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ORDINANCE NO. 374-3
Section 7. Effective Date. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective ten (10) days
from and after its publication, or the publication of its caption and penalty, in the official City
newspaper.
PASSED and APPROVED on First Reading this the 13th day of
October , A.D., 2003.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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ORDINANCE NO. 374-3
PASSED and APPROVED ON SECOND AND FINAL READING this the 27th day
of October , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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