02241986 Regular Meeting - Laserfiche WebLink

Home Browse Search

49 ORDINANCE 1986-16 a N AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 33 OF THE SAN MARCOS CODE OF ORDINANCES BY ADDING PROVISIONS FOR REMOVAL OF A WRECKER SERVICE FROM ROTATION, FOR PROMPT RESPONSE TO COMPLAINTS, BY PROVIDING A PROCEDURE FOR RELEASE OF IMPOUNDED VEHICLES AND FOR APPEALS; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Chapter 33 of the San Marcos Code of Ordinances be amended by the addition of the following sentence to Sec. 33-5: Sec. 33-5. Avai1abi1ity. ...If a wrecker or towing service fails to respond to a call on three (3) consecutive occasions during a six-month period or on two (2) consecutive occasions during a three-month period, said service shall be removed from the rotation for six (6) months. SECTION 2. That Chapter 33 of the San Marcos Code of Ordinances be amended by the addition of Sec. 33-9(c) as follows: Sec. 33-9. Insurance. . . . (c) All commercial towing or wrecker services performing services under the provisions of this chapter shall respond within ten (10) days to complaints about their service or about damage to any vehicle while it was towed or impounded by them. They shall respond in writing to the person complaining and to the City of San Marcos. If the Chief of Police determines that damages should be paid they shall pay the damages in full within 30 days of receipt of the complaint or within fifteen (15) days of the Chief s decision. Penalty for failure to comply with this subsection shall be removal from the rotation system for six (6) months. SECTION 3. That Chapter 33 of the San Marcos Code of Ordinances be amended by the addition of Sec. 33-10 as follows: Sec. 33-10. Prompt re1ease of impounded vehic1es. All commercial towing or wrecker services performing services under the provisions of this Chapter shall release impounded vehicles immediately upon receipt of a Release Form signed by a San Marcos Police Department officer. Released vehicles shall be delivered to their owners or operators at or near the entrance to the wrecker yard. Failure to comply with this section will result in removal by the Chief of Police from the rotation system for six (6) months. SECTION 4. That Chapter 33 of the San Marcos Code of Ordinances be amended by the addition of Sec. 33-11 as follows: Sec. 33-11. Appea1s. Appeals from the decision of the Chief of Police to remove a towing or wrecker service from the rotation system may be appealed to the San Marcos Municipal Court within ten (10) days of the action of the Chief being appealed from. The Municipal Court Judge shall sit as a hearing officer to hear and decide the appeal as soon as practicable after receipt of the appeal. Both the City and the appellant may be represented by an attorney.