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2006-174 S:\Our Documenls\Ordinanccs\06\Towing Ordinance.doc ORDINANCE NO. ;2(}{J{; -/11/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 23 RELATING TO POLICE BY REPLACING ARTICLE IV TITLED POLlCE-INITIATED TOWING SERVICES IN ITS ENTIRETY WITH A NEW ARTICLE IV; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Chapter 23 "Police" of the Code of Ordinances of Denton, Texas is hereby amended by replacing Article IV of Chapter 23 titled "Police-Initiated Towing Services" in its entirety. SECTION 2. Article IV of Chapter 23 "Police-Initiated Towing Services" of the Code of Ordinances of Denton, Texas is hereby amended to read as follows: Chapter 23 ARTICLE IV. POLICE-INITIATED TOWING SERVICES. DIVISION I . GENERALLY Sec. 23-81. Definitions. 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 means any occurrence which renders a vehicle wrecked or disabled, as defined in this section. Annual permit means permission granted by the City to a person to have their tow truck(s) placed on the police-initiated tow list for a period of one year, renewable under the provisions of this article. Conviction means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. Department means the department designated by the City Manager to enforce and administer this article. Director means the Chief of Police or his designee assigned by the City Manager to enforce and administer this article and includes representatives, agents, or department employees designated by the director. S:\Our Documcnts\Ordinanccs\06\Towing Ordinance.doc Disabled means 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 wrecker. Driver means an individual who drives or operates a vehicle. Emergency lights means alternately flashing blue and/or yellow lights that emit a light visible at a distance of 500 feet in normal sunlight and are mounted as high and as widely spaced laterally as practicable. Heavy-duty tow truck means any motor vehicle designed and used primarily for removing wrecked or disabled vehicles in excess of 26,000 pounds gross vehicle weight (GVW) upon any street. Hook-up means the application and first connection of the tow service truck to the towed vehicle. Legal resident means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws. Licensed vehicle storage facility means a facility licensed by the State of Texas for the storage of vehicles under the Vehicle Storage Facility Act, as amended (Texas Occupations Code, chapter 2303). Operate means to drive or to be in control of a tow truck. Operator means the driver of a tow truck; the owner of a tow truck; or the holder of a tow truck permit. Owner means the person to whom state license plates for a vehicle were issued. Person means an individual, corporation, government or governmental subdivision or agency, trust, partnership, or two or more persons having ajoint or common economic interest. Police rotation list - see section 23-82. Tilt bed/roll back car carrier means a motor vehicle designed and equipped as to be capable of lifting another vehicle upon itself for the purpose of transporting a motor vehicle that cannot be safely transported by a wrecker. Tow service means a person engaged in the business of a wrecker or towing service whereby vehicles are towed or otherwise removed at the direction of officers of the City Police Department by the use of a wrecker or motor vehicle designed for that purpose. Tow truck means any motor vehicle designed and used primarily for removing wrecked or disabled vehicles upon any street. Page 2 of IS S:\Our Documents\Ordinances\06\Towing Ordinance.doc Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks. Vehicle storage facility means the site to which a permit holder tows and stores vehicles, which meets the requirements as required by Texas Department of Transportation. Sec. 23-82. Police rotation list and administrative authority established. The director is hereby authorized to establish a rotation list of tow services desiring to provide towing services upon request by the Police Department. The tow services which desire to be placed upon and remain on a rotation list shall comply with the requirements of this article, rules and regulations of the director, provisions of the annual permit, regulations of the Texas Department of Transportation, and other applicable law. The director is hereby authorized to establish rules and regulations to implement the provisions of this article. Sec. 23-83. Exclusions. Except for Texas Transportation Code sections 643.205(a) and (b), this article shall not apply to wrecker services which are not listed on the police rotation list. Sec. 23-84. Duties and responsibilities of services. (a) Tow services shall maintain towing equipment which is adequate to perform such towing service in a reasonably workmanlike manner and proper equipment to tow vehicles in such a manner as to minimize any damage to towed vehicles, as well as appropriate equipment to properly remove any glass or other injurious substance off the roadway resulting from the vehicle being towed or the accident in which the vehicle was involved. All equipment, including any tilt bed/roll back car carriers, shall be equipment originally designed for towing or transporting vehicles and shall be in good working order. Additionally, this equipment shall be available for inspection upon request of any Police Department employee. Failure to allow inspection or have the proper working equipment shall result in an immediate suspension of the permit for 30 days or until compliance is shown whichever is later. Refusing to respond to a police-initiated tow or declining to tow a vehicle after arriving on the scene shall result in an immediate suspension of the permit for a period of up to thirty days as determined by the director. If the tow service has refused a tow or declined a tow on the scene three or more times within a twelve-month period, then the suspension process in Section 23-102 applies. (b) The tow service will provide on-call service for the Police Department 24 hours a day, seven days a week, including holidays. (c) The tow service will arrive at the location of the vehicle to be towed within 30 minutes after receiving a request for towing. Heavy-duty tow trucks will arrive at the location of the vehicle to be towed within one hour. (d) The tow service will tow the vehicle from the scene within a reasonable time. Page 3 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance. doc (e) The person operating any tow service shall make every reasonable effort to minimize damage to towed vehicles. Where appropriate, such reasonable effort shall include, but is not limited to the following: (I) use of a dolly or carriage for towing; (2) disconnection of the drive shaft; (3) release of brakes; and (4) towing at a reasonable speed. (f) Any tow service operating under this article must keep and maintain for three years from the date of towing the following records: (I) make and model of the vehicle; (2) license number of the vehicle; (3) date of the tow; (4) location of hook-up; (5) itemized list offees; and (6) disposition of vehicle and name and address of the person who receives the vehicle, if not claimed by owner or lien holder. (g) The tow service shall transport the vehicle to and store the vehicle in a Texas Department of Transportation licensed vehicle storage facility located within the city of Denton. The vehicle storage facility must comply with applicable statutes, ordinances and regulations, and must have a capacity to hold every vehicle requested to be towed by the Police Department. If the tow service has to be removed from the police rotation list more than three times during a twelve month period, the tow service will be removed from the police rotation list until capacity is increased. The facility must be completely enclosed with adequate fencing, locks and other security devices as necessary to maintain security of stored vehicles. (h) The operator of any tow truck responding to a police-initiated tow will not be under the influence of, or consume an alcoholic beverage, drug, or other substance that could adversely affect the driver's ability to drive a motor vehicle. (i) The operator of a tow service will provide to the director, one phone number which will be monitored by the tow service 24 hours a day, seven days a week. (j) The operator will be responsible for the disposal of unclaimed vehicles and will comply with the Vehicle Storage Facility Act, chapter 2303 of the Texas Occupations Code, the Texas Department of Transportation's Motor Carrier Division regulations, any Page 4 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance. doc other statutes that affect the title transfer of a stored vehicle, and any other applicable City ordinances or state and federal laws. (k) Before releasing any vehicle, the operator of a tow service shall verify proof of financial responsibility for any vehicle driven from the tow service. Sec. 23-85. Selection of service. In all police-initiated towing of vehicles, the police department employee ordering the tow shall request that the towing service be performed by the tow service then first on the rotation list maintained in the police communications center. The police department employee may allow the driver or owner of a vehicle, which is disabled, including vehicles involved in an accident, to request a tow service other than the next wrecker on the rotation list or a tow service not on the police rotation list. The driver or owner's choice of tow service must respond within the same time constraints as tow trucks on the police rotation list. When emergency circumstances exist which require the immediate removal of a vehicle from the roadway, the police department employee may request towing service from the tow service nearest to the scene of the emergency. A police department employee may also request towing service from any company operating large cranes or other heavy equipment if such equipment is necessary to remove traffic obstructions involving large trucks or heavy equipment. Sec. 23-86. Prohibited acts. (a) It shall be unlawful for any tow service to arrive at the scene of a police investigation as a result of monitoring or intercepting police calls by radio or other device. (b) It shall be unlawful for any towed vehicle to be dismantled, have parts removed or tires deflated, except as necessary for towing. (c) It shall be unlawful for any tow service to fail to verify financial responsibility for any vehicle released from the tow service and driven from the tow service. Verification shall include obtaining a photocopy of the insurance policy and a photocopy of the driver's license of the person to whom the vehicle is being released. Sec. 23-87. Fees charged; bills. The towing-related fees shall be established by the City Council and on file in the office of the City Secretary. Sec. 23-88. Q~alification for police-initiated towing permit. (a) To qualify for a towing permit, an applicant, including operators, must: (I) be at least 19 years of age; (2) be currently authorized to work full-time in the United States; Page 5 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance. doc (3) hold a valid driver's license issued by the State of Texas; (4) be able to communicate in the English language; (5) Not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a tow truck, or that is likely to otherwise endanger the public health or safety; (6) Not have been convicted of more than four moving traffic violations arising out of separate transactions, or involved in more than two automobile accidents in which it could be reasonably determined that the applicant was at fault, within any 12 month period during the preceding 36 months; (7) Not have been convicted or placed on probation or deferred adjudication for a crime: a. Involving: 1. Criminal homicide as described III Texas Penal Code chapter] 9; 2. Kidnapping as described in Texas Penal Code chapter 20; 3. A sexual offense as described in Texas Penal Code chapter 21; 4. An assaultive offense as described in Texas Penal Code chapter 22, other than a Class C misdemeanor; 5. Robbery as described in Texas Penal Code chapter 29; 6. Burglary as described in Texas Penal Code chapter 30; 7. Theft as described in Texas Penal Code chapter 3], but only if the violation is punishable as a felony; 8. Fraud as described in Texas Penal Code chapter 32; 9. Tampering with a governmental record as described III Texas Penal Code chapter 37; ]0. Public indecency (prostitution or obscenity) as described in Texas Penal Code chapter 43; Page 6 of 15 S:\Our Documents\Ordinanccs\06\Towing Ordinance. doc 11. The transfer, carrying, or possession of a weapon in violation of Texas Penal Code chaptcr 46, but only if the violation is punishable as a felony; 12. A violation of Texas Health and Safety Code chapter 483 "Dangerous Drugs," that is punishable as a felony; 13. A violation of Texas Health and Safety Code chapter 481 "Controlled Substances Act," that is punishable as a felony; 14. Criminal attempt to commit any of the offenses listed in subsection (7)(a)1 through 13 of this subsection; 15. Driving while intoxicated described in Texas Penal Code chapter 49; 16. Driving while intoxicated with child passenger as described in Texas Penal Code chapter 49; 17. Intoxication assault as described In Texas Penal Code chapter 49; or 18. Intoxication manslaughter as described In Texas Penal Code chapter 49. b. For which: I. If the applicant was convicted for a misdemeanor offense, other than a class C misdemeanor offense, less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date; 2. If the applicant was placed on probation or deferred adjudication for a misdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adj udication; 3. If the applicant was convicted for a felony offense, less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction or the date of release from parole, whichever is the later date; 4. If the applicant was placed on probation or deferred adjudication for a felony offense, less than five years have elapsed since the date of successful completion of probation or deferred adjudication; Page 7 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance. doc 5. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24 month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; 6. Less than five years have elapsed since the date of the successful completion of probation or deferred adjudication for the last offense, whichever is the later date, if, within any 24 month period, the applicant has been placed on probation or deferred adjudication two or more times for any misdemeanor offense or combination of misdemeanor offenses; 7. Not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: (a) within the preceding 12 months; or (b) more than one time within the preceding 10 years; 8. Not be addicted to the use of alcohol or narcotics; and 9. Be subject to no outstanding warrants of arrest. (b) An applicant who has been sentenced for an offense listed in subsection (a)(7), for which the required time period provided by this ordinance has elapsed, may qualify for a towing permit only if the director determines that the applicant is presently fit to engage in the occupation of a tow truck operator. In determining present fitness under this section, the director shall consider the following: (I) The extent and nature of the applicant's past criminal activity; (2) The age of the applicant at the time of the commission of the crime; (3) The amount of time that has elapsed since the applicant's last criminal activity; (4) The conduct and work activity of the applicant prior to and following the criminal activity; (5) Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and (6) Other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant. Page 8 of 15 S:\Our Documents\Ordinances\06\Towing Ordinancc.doc (c) It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under this ordinance. Sees. 23-89--23-95. Reserved. DIVISION 2. PERMIT Sec. 23-96. Annual permit required. (a) No tow service shall engage in the business of towing vehicles at the direction of a City police department employee without first obtaining a police rotation list privilege permit from the City. The annual permit fee shall be established by the City Council and on file in the office of the City Secretary. (b) Before an annual permit is granted, the application for the annual permit must be approved by the director. The granting of an annual permit is in the discretion of the director, but will not be granted unless: (I) The proposed towing service is required by the public convenience and necessity; and (2) The applicant qualifies for operating authority under sections 23-97 and 23-88 of this article and is otherwise fit, willing, and able to operate the towing service in accordance with the requirements of this article, rules and regulations of the director, provisions of the annual permit, and other applicable law. (c) No permit shall be transferred or assigned from any person to another. When any change of ownership or change of controlling interest occurs, the prior permit shall be null and void. Sec. 23-97. Application. (a) To obtain an annual permit, a person shall make application to the director in the manner prescribed by this section. The applicant must be the person who will own, control, or operate the proposed towing service. An application for a police rotation list privilege permit required in this division shall be notarized and shall be made on forms prepared and made available by the Police Department. An applicant shall file with the director a written, verified application statement, to be accompanied by a nonrefundable application fee of$150.00, containing the following: (I) The name, home address and business address of each owner, part owner or partner, silent or active; (2) The business address, telephone number, and the location and telephone number of any storage area; Page 9 of 15 S:\Our Documcnts\Ordinances\06\Towing Ordinance.doc (3) A description of the size and capacity of all tow trucks used by the tow servl ce. (4) A copy of a certificate of garage liability or automobile liability insurance covering the tow service owner and his employees for liability for death, bodily injury or property damage to third parties in the amount of not less than $300,000 for anyone person, $500,000 for one occurrence, and $100,000 for property damage; (5) A copy of a certificate of garage keeper's liability insurance covering the tow service and naming the City of Denton as an additional insured for liability and for property damage to any vehicle, or contents thereof, in its care, custody and control as a result of providing towing and/or storage services in an amount of not less than $100,000; (6) Documentary evidence of payment of ad valorem taxes on the property to be used in connection with the operation of the vehicle storage facility; (7) The applicant must own or have exclusive use of a vehicle storage facility. See section 23-84(g); (8) The application shall be signed by each owner, part owner, or partner, active, or silent; and (9) Such additional information as the director considers necessary to assist or promote the implementation or enforcement of this article or the protection of the public safety. (b) A permit holder shall notify the director in writing of any change of address or change in ownership or management of the towing service not less than ten (10) days prior to the change. Sec. 23-98. Insurance required. The insurance enumerated in section 23-97 shall be required for all tow services, and must be kept in effect during the period for which the permit is issued. Insurance required by this ordinance must include: (a) A cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before canceling or making a material change to the insurance policy; (b) A provision to cover all vehicles, whether owned or not owned by the holder, operated under the holder's operating authority; and (c) A provision requiring the insurance company to pay every claim on a first dollar basis. Page100f15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc A permit will not be granted or renewed unless the applicant or holder furnishes the director with such proof of insurance as the director considers necessary to determine whether the applicant or holder is adequately insured under this section. Sec. 23-99. Investigation by chief of police. Upon receipt of an application for an annual permit the director shall conduct an investigation and make findings of fact concerning public convenience and necessity and other relevant factors, including, but not limited to: (a) All applicants, owners, and partners meet the mInImum qualifications for a police-initiated towing permit; (b) The tow service will use only tow trucks equipped with adequate emergency lights in compliance with all city, state and federal laws; (c) The requirements of all governing laws and ordinances will be met; and (d) The applicant operates, or has available by contract, a licensed vehicle storage facility located within the city of Denton available exclusively for the storage of vehicles towed by the applicant. Sec. 23-100. Issuance. The Police Department shall issue a permit required under this division and add a tow service to the rotation list when: (a) The police investigation confirms the requirements of sections 23-88 and 23-97 have been met; (b) The insurance policies as required by this division have been produced; and (c) The permit fee has been paid. Sec. 23-101. Term; renewals. 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 I of each year. (a) An annual permit will be denied if: (1) The holder is not in compliance with the permit or applicable provisions of this Code, department regulations, or other law; or Page 11 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance. doc (2) The holder does not qualify for operating authority under section 23-88 of this article, or is otherwise not fit, willing, or able to continue to operate the tow service in accordance with the permit and applicable provisions of this Code, department regulations, and other law; or (3) Public convenience and necessity do not require the continued operation of the tow service. (b) Minor changes may be made in a permit by the director. ( C) If the director determines that a denial of a permit renewal or material change in the terms or conditions of the permit is required by public convenience and necessity, then he may deny renewal of the permit or make changes in the terms or conditions of the permit. A holder may request a change in the terms or conditions of his permit and the director may grant the change if the change is required by public convenience and necessity. (d) If the permit expires at no fault of the holder before a ruling on the approval or denial of the renewal, the holder may continue to operate the tow service pending a final decision. The holder shall cease operation of the tow service immediately upon denial of the request for renewal by the director. (e) A holder may file an appeal of the director's decision not to renew a permit in accordance with section 23-103 of this article. Sec. 23-102 Revocation; suspension. (a) If the director determines that a tow service has failed to comply with this article or a regulation established under this article, the director may suspend the tow service. (b) If at any time the director determines that a licensee is not qualified under section 23-88 of this article, or is under indictment or has charges pending for any offense involving driving while intoxicated or any offense involving a crime described in section 23-88 of this article, or criminal attempt to commit any of those offenses, the director shall suspend the tow service permit until such time as the director determines that the licensee is qualified or that the charges against the licensee have been finally adjudicated. (c) A licensee whose tow service permit is suspended shall not drive a tow truck for any police-initiated tows. (d) The director shall notify the licensee and the holder in writing of a suspension under this section and include in the notice the reason for the suspension, the date the director orders the suspension to begin, the duration of suspension, and a statement informing the licensee of a right of appeal. The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the appeal hearing officer. Page 12 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (e) The director may revoke a tow service permit if the director determines that the / licensee: (I) Operated a tow truck on a police-initiated tow during a period in which the tow service permit was suspended; (2) Made a false statement of a material fact III an application for a tow service permit; (3) Engaged III conduct that constitutes a ground for suspension under subsection (a), and received either a suspension in excess of three days or a conviction for violation of this article, two times within the 12 month period preceding the occurrence of the conduct or three times within the 24 month period preceding the occurrence of the conduct; (4) Engaged in conduct that could reasonably be determined to be detrimental to the public safety; or (5) Was convicted of any felony offense while holding a tow service permit. Cancellation of insurance without replacement shall result in the immediate suspension of any permit issued under this division and removal from the list of tow services until such time that insurance coverage is re-established. Disciplinary action may be taken for repeated lapses in insurance coverage. (f) A person whose tow service permit is revoked shall not: (I) Apply for another tow service permit before the expiration of 24 months from the date the director revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or (2) Drive a tow truck on a police-initiated tow. (g) After receipt of notice of suspension, revocation, or denial of license renewal, the licensee shall, on the date specified in the notice, discontinue operating a tow truck on police-initiated tows. (h) Notwithstanding subsections (c) and (h), if the licensee appeals the suspension or revocation under this section, the licensee may continue to drive a tow truck on police- initiated tows pending the appeal unless: (I) The tow service permit of the licensee is suspended pursuant to subsection (b) or revoked pursuant to subsection (e)(6) of this section; or (2) The director determines that continued operation by the licensee would impose an immediate threat to public safety. Page 13 of 15 S:\Our Documcnts\Ordinances\06\Towing Ordinance.doc (i) After suspension of a permit, a holder may file an appeal in accordance with section 23-103 of this article. The director shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the director shall submit his recommendation together with supporting facts to the City Manager or his designee. 23-103 Appeal. (a) A person may appeal the following decisions of the director if he requests an appeal in writing and delivers it to the City Manager not more than 10 business days after receiving notice of the director's action: (I) A suspension or revocation of a permit; (2) A denial of renewal of annual permit; or (3) Denial of a tow service permit application. (b) The City Manager or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument on his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of the evidence presented at the hearing. (c) The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. Save and except as amended hereby, all the provISIons, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 5. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed $500 per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 6. This ordinance providing for a penalty shall become effective 14 days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within 10 days of the date of its passage. Page 14 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc tit - . PASSED AND APPROVED this the 20 (jay of ( /; j KL , 2006. ATTESTED: JENNIFER WALTERS, CITY SECRETARY BY~~" \0r0.}Q,4c> APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 15 of15