HomeMy WebLinkAbout24-1924ORDINANCE NO. 24-1924
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CHIEF OF
POLICE TO EXTEND THE PERMITS FOR TOW SERVICE COMPANIES AND TOW
TRUCK OPERATORS ISSUED UNDER THE CITY CODE OF ORDrNANCES, ARTICLE IV
(POLICE INITIATED TOWING SERVICES) AND ARTICLE V (NON-CONSENT TOWING),
BEYOND SEPTEMBER 30, 2024, ALLOWING FOR THE DENIAL OF NEW TOW SERVICE
COMPANY PERMIT APPLICATIONS, WAIVING THE APPLICATION FEE FOR NEW TOW
TRUCK OPERATORS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article IV (Police Initiated Towing Services), Section 23-101 (applicable to tow
service companies) provides that:
“Renewal applications shall be on a form furnished by the police department. Each permit
shall expire at 12:00 midnight on September 30 of each year, and will be renewable only
upon compliance with this article and any other applicable laws, ordinances, and
regulations in effect at the time of the renewal application. Any person seeking a renewal
of a permit for the next fiscal year may apply for renewal between August 15 and
September 15. Renewed permits shall become effective October 1 of each year;” and
WHEREAS, Article V (Non-Consent Towing), Section 23-133 (applicable to tow operators)
provides:
(a) “Unless revoked or suspended, a two truck operator’s license expires two years after
the date of issuance; and
WHEREAS, it is necessary to continue to allow tow service companies to add drivers if they need
to do so to operate while the ordinance is pending amendment; and
WHEREAS, the Police Department believes it is not reasonable to charge a tow truck operator an
application fee during this transition period and make them reapply under a new ordinance; and
WHEREAS, the Police Chief has been assigned by the City Manager to enforce and administer
Articles IV and V; and
WHEREAS, the Police Department has been drafting changes for Articles IV and V, and those
proposed changes will not be presented to the City Council until a Work Session on October 15,
2024, and based upon Council direction, may be presented for Council approval at a later date;
and
WHEREAS, the services provided by tow service companies and tow operators are a public
convenience and necessity, and the inability to continue those services would impose an immediate
threat to public safety; and
WHEREAS, considering the potential amendments to Articles IV and V, the Police Department
has not been conducting inspections or acceptance renewal applications; and
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WHEREAS, Articles IV and V do not expressly give the Chief of Police that authority, without
Council approval, to extend the September 30, 2024, permit expirations, allow the Chief of Police
to deny new tow service company permit applications, or waive the application fee for new tow
truck operators.
NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2: The Interim Chief of Police is hereby authorized to extend permits issued
under Articles IV and V beyond September 30, 2024, until such time as the City Council has had
an opportunity to consider the proposed amendments and either approved or disapproved those
amendments .
SECTION 3: The Interim Chief of Police is hereby authorized to disallow the submission
of new tow service company permits until such time as the City Council has had an opportunity to
consider the proposed amendments and either approved or disapproved those amendments.
SECTION 4: The Interim Chief of Police is hereby authorized to allow tow service
companies to add new tow truck operators without the operator being charged a fee during this
transition period.
SECTION 5: All other provisions of Articles IV and V not expressly amended by this
Ordinance, remain in full force and effect.
SECTION 6: This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by Paul Meltzer and seconded by
Brian Beck; this Ordinance was passed and approved by the following vote [ 6 - 0 ]:
Aye
X
X
X
X
X
X
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 24th day of September, 2024.
/aA -
GERARD KODSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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