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17-22 O - Repealing & replacing Article 4.06, "Wrecker Services," of Chapter 4, "Business Regulations," of the Code of Ordinances.TOWN OF PROSPER ORDINANCE NO. 17-22 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING EXISTING ARTICLE 4.06, "WRECKER SERVICES," OF CHAPTER 4, "BUSINESS REGULATIONS," OF THE CODE OF ORDINANCES AND REPLACING IT WITH A NEW ARTICLE 4.06, "TOW SERVICES"; PROVIDING FOR DEFINITIONS; AUTHORIZING THE TOWN TO CONTRACT FOR TOWING SERVICES FOR CERTAIN TOWS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper, Texas ("Town"), is a home rule municipality located in Collin County and Denton County, created in accordance with the provisions of the Texas Constitution and Chapter 6 of the Texas Local Government Code, and operating pursuant to applicable enabling legislation; and WHEREAS, the Town deems it necessary and proper and in the best interests of the health, safety, morals and general welfare of its citizenry to amend the Code of Ordinances to regulate wrecker and towing services. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Article 4.06, "Wrecker Services" of Chapter 4, "Business Regulations," of the Code of Ordinances of the Town of Prosper, Texas, is repealed in its entirety and hereby renamed and replaced with a new Article 4.06, "Tow Services," to read as follows: "ARTICLE 4.06 TOW SERVICES Sec. 4.06.001 Policy It is the policy of the Town to provide for the protection of the public interest as it relates to the removal of disabled or abandoned vehicles on streets or public property to vehicle storage facilities without the consent of the vehicle owners or operators. To this end, this Article provides for the regulation of incident management tow service, to be administered in a manner that protects the public health and safety and promotes the public convenience and necessity. Sec. 4.06.002 Definitions In this Article, the following words shall have the meanings ascribed to them below: Accident means any occurrence that renders a vehicle wrecked or disabled. Chief of Police means the chief of police of the Town of Prosper, or his designated representative. Consent Tow means the towing of a vehicle at the request of the owner or operator. Disabled Vehicle means a motor vehicle that has been rendered unsafe to be driven as the result of some occurrence, including, but not limited to mechanical failure or breakdown, fire or vandalism, or a motor vehicle that is in a safe driving condition but whose owner or operator is not present, able or permitted to drive so as to reasonably necessitate that the vehicle be removed by a wrecker. Motor Vehicle means every vehicle which is self propelled. Proverty Owner means a person, or the person's agent or lessee, who holds legal title, deed, or right -of -occupancy to private property. Person means an individual, firm, partnership, association, corporation, company or organization of any kind. Incident Management Tow means the towing of a vehicle without the prearranged knowledge and consent of the owner or operator of said vehicle. Examples include, but are not limited to, vehicles towed when the driver is incapacitated following an accident, vehicles towed when the driver has been arrested, vehicles removed from public property without pre -notification of the vehicle owner, and seizures. Street means any public street, alley, road, right-of-way, or other public way within the corporate limits of the Town. The term includes all paved and unpaved portions of the right-of-way. Tow Truck means a vehicle designed to be used primarily for removing wrecked or disabled vehicles which is equipped with a mechanical device used to tow, winch, or otherwise move a vehicle, and which charges a fee for its services. Tow Truck Operator means a person engaged in the business of using a tow truck or wrecker to tow, winch or otherwise move a motor vehicle. Town means the Town of Prosper, Texas. Vehicle means a mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human power or used exclusively upon stationary rails or tracks. Wrecked Vehicle means a discarded, abandoned, junked, wrecked or worn out motor vehicle that is not in a condition to be lawfully operated on a public road. Sec. 4.06.003 Requirements (a) A person commits an offense if the person operates or employs another to drive, or operate any tow truck over any street in the Town for the purpose of engaging in an incident management tow, except as provided by this Article. Ordinance No. 17-22, Page 2 (b) It is an affirmative defense to the prosecution of a violation of subsection (a) hereof that the person is engaging in one of the following: (1) The transportation of a vehicle by a non-resident tow truck operator from some point outside the Town and traversing the Town to some other destination outside the Town; (2) The transportation of a vehicle by a tow truck operator at the request of the owner or operator of that vehicle; or (3) The transportation of a vehicle on the private property of another by a tow truck operator with the consent of the operator or owner of the vehicle or the owner of the private property. Sec. 4.06.004 Tow Services Agreement (a) The Town shall have the right to contract with one or more tow truck operators for the towing of Town -owned vehicles or for the towing or impoundment of any vehicle made necessary in the exercise of the Town's police and governmental functions. Should the Town contract with more than one tow truck operator, the companies shall be called on a rotation basis. If the tow truck operator that is called to respond to a tow and is unavailable, the next company on the list shall be called. (b) The Town may call any tow service company or use any tow truck in cases where the tow truck operator is unable to respond as required by the contract, or when there exists an emergency situation or when the chief of police or the chief's authorized representative deems necessary. In all cases, a report will be forwarded to the chief of police describing the circumstances involving such use." SECTION 3 This Ordinance shall be cumulative of all provisions of ordinances of the Town of Prosper, Texas, relating to regulation of vehicle wreckers and vehicle wrecker service except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be Ordinance No. 17-22, Page 3 fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 All rights and remedies of the Town of Prosper are expressly saved as to any and all violations of the provisions of any ordinances affecting wrecker service and the towing of vehicles which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7 This Ordinance shall become effective from and after its adoption and publication as required by the Town Charter and by law. DULY PASSED, ❑, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPEI�����115 28TH DAY OF MARCH, 2017. ����\ "'•° °•°°°moo°�A s, o �Q r � o * : Ray Smit ,Mayor ATTEST: ° ° d O 9 � 0 r YO 0 s®q� Robyn Ba , Town Secret APPROVED AS TO FORM AND LEGALITY: Terrence S. WelcFi, Town Attorney Ordinance No. 17-22, Page 4