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HomeMy WebLinkAboutOrdinance No. 2002-13 ORDINANCE NO. 2002-13 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY DELETING THEREFROM ALL OF CHAPTER 82 AND SUBSTITUTING THEREFOR A NEW CHAPTER 82; PROVIDING RULE5 AND REGULATIONS GOVERNING THE TOWING OF VEHICLES WITHIN THE CITY; PROVIDING OTHER MATTERS RELATED TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000.00 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. �: * � * x� � � � * � WHEREAS, the United States Congress adopted certain deregulation measures regarding motor carriers through the Federal Aviation Administration Act of 1994 (the "Act"), which became effective on January 1, 1995; and WHEREAS, the Act prohibits cities from enacting or enforcing laws or regulations related to the prices, routes and services of motor carriers; and WHEREAS, the Act includes auto wreckers within the definition of "motor carriers;" and WHEREAS, effective January 1, 1996, the Act was amended to authorize cities to determine the price charged for towing a motor vehicle, if such tow is performed without the prior consent or authorization of its owner or operator; and WHEREAS, the City has an interest in restoring the safe and orderly flow of traffic as soon as possible after an accident on public streets within the City; and WHEREAS, the City often requires the services of private towing companies to assist its officers, agents, and employees in clearing public streets following accidents by towing and, if necessary, storing, damaged vehicles; and WHEREAS, to assure reasonable and reliable wrecker and vehicle storage services, the City Council deems it necessary to adopt certain rules and regulations relating to the permitting, oversight, regulation, and conduct of towing operators and vehicle storage facilities; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are found to be true and conect. Section 2. The Code of Ordinances of the City of Friendswood, Texas, is hereby amended by deleting therefrom all of Chapter 82 and substituting therefor a new Chapter 82 to provide as follows: "Article I. In General 5ecs. 82-1 -- 82-25. Reserved. Article II. Wrecker Service DIVISION 1. GENERALLY Sec. 82-26. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them, unless the context clearly indicates otherwise: Auto wrecker shall mean any automobile, truck or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transporting any wrecked or disabled motor vehicle from one place to another for any purpose, including but not limited to the purpose of wrecking, storing or repairing the vehicle. The term `auto wrecker' shall not be construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purpose, such as service cars equipped with compressed air containers and tools for performing minor repairs not involving towing or transporting of wrecked or disabled vehicles or vehicles used by citizens on rare occasions to push or pull other disabled vehicles. This exception shall not authorize evasion of this chapter and if any vehicle, although not equipped with devices primarily used for towing wrecked or disabled vehicles, is actually used for such purposes through the means of ropes, chains or otherwise, the same shall be considered an auto wrecker within the terms of this chapter. Consent tow shall mean any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle. 2 Motor vehicle shall mean a vehicle subject to the registration requirements of the Chapter 501 of the Texas Transportation Code, or any other device designed to be self-propelled or transported on a public roadway. Nonconsent tow shall mean any tow of a motor vehicle that is not a consent tow. Operate shall mean to use an auto wrecker to move a motor vehicle. Police-authorized tow shall mean a nonconsent tow and shall mean the towing of a motor vehicle when authorized by any police officer of the City rather than by the owner or person in possession of such motor vehicle, under circumstances of recovery of a stolen vehicle, removal of an abandoned, wrecked, illegally parked, or disabled motor vehicle, a custodial arrest where the owner or person in possession of the vehicle is incapable of making arrangements for removal of the vehicle, or any other circumstance where a police officer, in his official capacity, authorizes the towing of a motor vehicle and the owner or person in possession is not present or is not capable of making a determination with respect to such removaL Permit holder shall mean any person, corporation, limited liability company, limited liability partnership, partnership, or other entity created by the State of Texas or any other state, which has been issued a valid wrecker service permit from the City authorizing performance of nonconsent tows within the corporate limits of the City in accordance with this Chapter. Preservation shall mean the methods customarily used to protect the interior of a motor vehicle from weather when the windows of such vehicle are damaged. Tow shall mean the act of transporting or moving an inoperable, damaged, or otherwise disabled motor vehicle by means of hauling, pulling, winching, or otherwise. Vehicle storage facility shall mean a motor vehicle storage facility situated within the City or within five (5) miles of the City, that is operating under a current and valid license granted pursuant to the Vehicle Storage Facility Act (TExAS REVisED CiviL STATUTES, art. 6687-9a), and that is in compliance with all State rules and regulations governing vehicle storage facilities, as well as all City ordinances affecting same. Wrecker shall mean an auto wrecker. Wrecker driver shall mean a person who operates an auto wrecker on the streets of the City, whether on his own account or in the employ of another. 3 Wrecker owner shall mean any person who is engaged in the operation of an auto wrecker for hire and is the holder of a valid permit to operate such auto wrecker within the Ciry. Wrecker permit shall mean a permit to be issued annually by the City, which authorizes the holder thereof to answer calls from the police department for police-authorized tows pursuant to a police-authorized tow agreement and nonconsent tows. Sec. 82-27. Permit required for nonconsent tows. All auto wrecker companies used for performing nonconsent tows within the City shall have a valid Wrecker Pernut issued by the City and all auto wrecker drivers must have a valid State wrecker operator's license. 5ec. 82-28. Nonconsent tows; notice. (a) Whenever a person other than the registered owner or person in possession of a motor vehicle authorizes the tow of a vehicle, that person or his agent shall make an oral report to the City's police department within one (1) hour of the time the vehicle was towed, which report shall include the following information: (1) The license plate of the towed vehicle; (2) The vehicle identi�cation number of the towed vehicle; (3) The year, make, model, and color of the towed vehicle; (4) The name, address and telephone number of the person authorizing the tow; (5) The location from which the vehicle was towed, the date and time of the tow, and the name, street address, and telephone number of the vehicle storage facility to which the vehicle was taken; and (6) The reason the vehicle was towed. (b) In the case of a nonconsent tow, the wrecker driver shall, as soon as reasonably possible, disclose in writing to an owner or his representative: (1) The location to which the vehicle is being towed; _ 4 (2) The telephone number at which information may be obtained regarding the vehicle and any applicable storage fees; and (3) The name of the person or persons to whom complaints against the permitted auto wrecker drivers may be directed, if requested. (c) The Chief of Police shall ensure that appropriate records are maintained on vehicles taken in nonconsent tows so owners of such vehicles may obtain information from the City's police department regarding the location of a towed vehicle. Sec. 82-29. Police-authorized tows. (a) No auto wrecker company may perform police-authorized tows unless authorized by a contract executed under this section. (b) The Chief of Police may execute agreements to perform police- authorized tows with persons or companies that hold wrecker permits. The right to enter into such agreements shall be extended on a uniform basis to all eligible persons who own or operate pernutted wrecker companies. Such agreements shall be upon such terms and conditions as approved by the City Council. (c) The Chief of Police shall not enter into an agreement on behalf of the City with any wrecker operator company if the company, or any employee or owner of the permit holder (including partners of a partnership and stockholders of a corporation), has had an agreement hereunder terminated for cause within the preceding �ve (5) years. The foregoing provision shall apply to agreements that are not renewed or are terminated by the operator under threat of termination for cause in the same manner as those that have actually been terminated for cause. (d) The applicant for a police-authorized tow agreement under this Section 82-29 shall have the right to appeal the decision of the Chief of Police denying such application to the City Council within ten (10) days, which appeal shall be perfected by delivering seven (7) copies of same, in writing, to the City Council, stating that an appeal of the decision of the Chief of Police is desired and the facts regarding same. The City Council will schedule a hearing as soon as practicable after receiving the notice of appeal. After hearing the appeal the City Council shall, within a period of five (5) days, sustain or reverse the decision of the Chief of Police. If no appeal is taken from the findings made by the Chief of Police within the time provided above, the decision of the Chief of Police shall be final; otherwise, the decision of the City Council shall become final. 5 Sec. 82-30. Parking upon arrival. Whenever an auto wrecker arrives at a place were a motor vehicle is wrecked or disabled, the auto wrecker driver shall park his vehicle as close to the street curb as possible and otherwise dispose of it in such a manner as not to interfere with traffic. Once a police of�cer arrives on the scene, the auto wrecker driver shall park his vehicle in the location directed by the officer. The fact that a police officer is not present at the scene of an accident when an auto wrecker driver arrives shall not constitute an exception to this section nor any other section, and it shall be the duty of the wrecker owner or driver desiring to tow or haul any wrecked or disabled vehicles from the scene of an accident to cause the police to be notified of the occurrence of the accident and to await the arrival of a police officer, if such accident resulted in injury or death of a person, property damage to an apparent extent of at least $500, or damage to public property. Sec. 82-31. Designation of towing company. (a) Upon arrival at the scene of a wrecked or disable vehicle the police officer shall determine if a police-authorized tow is necessary. If a police-authorized tow is necessary, the police officer shall advise dispatch and a rotation list shall be utilized to dispatch the required number of wreckers to the scene. (b) If the owner or driver of a motor vehicle that is wrecked or disabled has a wrecker preference, that request will be honored unless it would cause undue delay and immediate towing is unnecessary. Any wrecker or towing company may tow the vehicle at the owner or driver's request, as long as such company has a valid State of Texas tow tag and cab card. If the wrecked or disabled vehicle has any part or portion thereof upon the roadway, the auto wrecker driver responding to the owner's or driver's request shall have fifteen (15) minutes to arrive at the scene and remove such vehicle, or any part thereof, or such shorter period of time if, in the discretion of the police officer on the scene, such shorter period of time is necessary to protect the safety and welfare of the public; otherwise, the vehicle may be towed pursuant to a police- authorized tow. Sec. 82-32. Required equipment. The following equipment is required on every auto wrecker performing nonconsent tows within the City: 6 (a) Fire extinguisher(s), being defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. Such �re extinguisher shall be the standard BC type, either one 10- pound or two 5-pound fire extinguishers with a gauge, properly filled and readily accessible for use. (b) Three (3) flares, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet (600') under normal atmospheric conditions at nighttime. (c) One broom of a type designed for pushing with an eighteen-inch head and a handle of not less than thirty-six inches (36") in length. (d) No less than five (5) gallons of dry sand or other absorbent which is at least as effective as sand in absorbing liquid. (e) One (1) five-gallon container to carry glass and debris cleaned from streets when picking up a wrecked vehicle. (� One (1) flat-edged shovel of at least nine inches (9") in width, with a handle of not less than thirty-six inches (36") in length. (g) One (1) wrecking bar of not less than thirty-six inches (36") in length with a wedge head. (h) At least one (1) flashing light visible within five hundred feet (500') from a three hundred sixty degree (360°) radius. (i) If the vehicle being towed does not have functional taillights, temporary lighting must be provided. (j) If the auto wrecker is a heavy-duty wrecker, it must be equipped with a winch capable of lifting a minimum of thirty thousand (30,000) pounds. If one (1) winch line is used it shall be at least three-fourths of an inch (3/4") in diameter; if two (2) winch lines are used each shall be at least �ve-eighths inch (5/8") in diameter. Additionally, a heavy duty wrecker shall be equipped with an "A" frame capable of being used for lifting vehicles, trucks, trailers, or equipment, air brakes and air lines, and must have a tow bar sufficient to prevent the swinging of any vehicles or equipment being transported by such heavy-duty wrecker. 7 Sec. 82-33. Clearing debris. (a) It shall be the duty of the wrecker driver of each auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing, to clear the street of any and all debris, parts, or glass. In the event two (2) or more auto wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of debris, parts, or glass. (b) Any other person who removes a wrecked or disabled vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle. Sec. 82-34. Charges, police-authorized and nonconsent tows. (a) The maximum charges that an auto wrecker company may charge for a police-authorized or nonconsent tow shall be set from time to time by resolution adopted by the City Council. (b) All charges shall be listed on the auto wrecker's invoice and the permit holder shall maintain, at the permit holder's place of business, copies of all invoices pertaining to nonconsent and police-authorized towing services for a period of two (2) years from the invoice date. Any police officers may inspect such invoice(s) during regular business hours. Every invoice required to be kept under this section shall contain the towed vehicle's description by make, model, year, license number, and name of the wrecker driver in addition to charges incurred. Every invoice for a nonconsent tow shall include the above information along with the name, address, and phone number of the person authorizing the tow, and the reason the vehicle was towed, and the name, street address, and telephone number where the vehicle was taken for storage. Every invoice for police-authorized tows shall also include the name and badge number of the police officer that authorized the tow. Sec. 82-35 -- 82-50. Reserved. DIVISION 2. AUTO WRECKER SERVICE PERMITS Sec. 82-51. Application. Any company desiring to perform nonconsent tows within the City shall make application to the Chief of Police for a wrecker service permit, which application shall be submitted on a form provided by the Chief of Police, and signed an notarized. Each application shall contain the following information: (a) A statement that the applicant is a citizen of the United States and has attained the age of eighteen (18) years. 8 (b) For each auto wrecker company for which a pernut is sought, the applicant shall provide the following information: (1) Year and make; (2) Vehicle identification number; (3) Current Texas license plate number; (4) Name, address, and telephone number of the auto wrecker's owner; and the name, address, and operator's license number for each person who will be an operator of each such auto wrecker; (5) A certificate of insurance evidencing the type and amounts of coverage as required and specified by Section 82-60 of this Ordinance; (6) A signed statement agreeing to comply with the wrecker service and vehicle storage fees established by the City; (7) A signed statement disclosing what, if any, pecuniary interest the auto wrecker operator may have in any person or entity that repairs or sells motor vehicles within the City; (8) A true and correct copy of the current auto wrecker vehicle registration for each auto wrecker; (9) If the applicant is a corporation, a certificate of good standing issued by the Secretary of State of the State of Texas; (10) A statement of the fees the applicant proposes to charge for nonconsent tows, including fees, if any, for special towing services or equipment; (11) A copy of a valid license issued pursuant to the Texas Vehicle Storage Facility Act for the storage facility the applicant proposes to use. (c) If an applicant is a corporation, limited liability corporation, limited liability partnership, partnership, or any other entity created within the State of Texas or any other state, or proposes to operate under a name other than that of the applicant owner, the name(s) and address(es) of the corporate officers, partners, or the true business owner. A wrecker service permit issued to one such entity is not transferable to another without the written approval of the Chief of Police. Sec. 82-52. Fee. (a) The application for a wrecker permit required by the provisions of this article shall be accompanied by the first annual permit fee of fifteen and no/100 dollars ($15.00). There shall be one fee paid by each auto wrecker company that desires a permit, regardless of the number of auto wreckers such company operates pursuant to the permit. 9 (b) Each such permit fee shall be paid annually, and must be paid not less than thirty (30) days prior to expiration of such permit. Sec. 82-53. Permit application hearing; considerations as to public convenience and necessity of applied for service. (a) Each application filed shall be subject to review and public hearing at a time and place to be determined by the Chief of Police. Notice of such hearing shall be given to the applicant and to all persons to who permits have already been issued. Notice to the general public shall be given by posting such notice at City Hall not less than ten (10) days prior thereto. (b) In determining whether a permit will issue to an applicant, the Chief of Police shall consider whether public convenience and necessity require the issuance of such pernut. The deternunation may take into consideration the following: (1) The demonstrated financial responsibility of the applicant; (2) The number of vehicles applicant proposes to operate; (3) Whether the applicant has ever been convicted of any related felony or misdemeanor, as described in Sections 411.122 and 411.123 of the Texas Government Code; (4) The make, model, and type of auto wrecker(s) and how each such auto wrecker is to be equipped; (5) The location, size, and security afforded to each such vehicle storage facility to be used for towed vehicles; (6) The reasonableness of fees proposed for towing and storage services by the applicant, and whether such fees comply with the schedule of fees therefore, as established from time to time by City Council; (7) Whether the auto wrecker company or the auto wrecker for which a permit is sought will be operated by the owner or by his employees, within the context of a bona-fide employment relationship; (8) Whether the applicant proposes to own, rent, or lease the auto wrecker to be used; (9) Whether the applicant proposes to own, rent, or lease the vehicle storage facility to be used; and (10) Whether public convenience and necessity will be met by issuance of an additional permit for the provision of auto wrecker services within the City. Sec. 82-54. Time limitation on new application after denial. 10 An applicant denied a permit by the Chief of Police or by the City Manager on appeal shall not be considered again for a permit for a period of one (1) year from the date of the prior application. Sec. 82-55. Special reporting requirements for created entities. A permit holder doing business as a partnership, corporation, limited liability partnership, limited liability company, or any other form of entity created and recognized by Texas law, or by the law of any other state, shall be required to report, in writing, to the Chief of Police of any change in the ownership, directorship, or official management of such entity within ten (10) days of such change. Failure to report any such changes shall be cause for immediate suspension or revocation of the permit held by the entity. Sec. 82-56. Immediate storage of vehicles required; exception. All vehicles towed by an auto wrecker permit holder shall be taken immediately to the permit holder's approved vehicle storage facility, unless instructed by a police officer or the owner of the vehicle to deliver the vehicle to another location. Sec. 82-57. Hours of operation for vehicle storage facility. A permit holder shall be responsible for maintaining and operating a vehicle storage facility so that vehicles may be received and released during the specified times required pursuant to the Texas Vehicle Storage Facility Act. Sec. 82-58. Removal of vehicle from accident scene. No damaged or inoperative motor vehicle shall be removed from the scene of an accident by its owner or by an auto wrecker service, without first notifying the Police Department. Sec. 82-59. Solicitation. No employee of the City shall recommend to any person, directly or indirectly, either by word or gesture, sign, or otherwise, the name of any particular auto wrecker service, nor shall any City employee influence or attempt to influence in any manner a decision of a person in choosing or selecting an auto wrecker service. 11 Sec. 82-60. Insurance. (a) Before any permit shall be issued under the provisions of this article, or before any renewal of such pernut shall be granted, the applicant or permittee shall be required to file with the Chief of Police, and keep in full force and effect during the term of such permit, satisfactory evidence that the applicant or permittee has provided proof of financial responsibility to the Texas Department of Public Safety, as that term is defined in the Texas Motor Vehicle Safety Responsibility Act (TEX. TRANSP. CODE ANN. § 601.002, et seq., Vernon 1996), and has complied with the provisions of such Act, as currently enforced or hereafter amended. I (b) The Chief of Police is authorized to promulgate reasonable regulations as to the type and character of evidence that shall be required to show that the applicant or permittee has provided proof of financial responsibility to the Texas Department of Public Safety. If such proof of financial responsibility is evidenced by an insurance policy, such policy shall be carried with an insurance company authorized to do business in the State of Texas and performable in Harris and Galveston Counties. The Chief of Police shall suspend, cancel, or revoke any auto wrecker permit, without further notice to the applicant or permittee, if financial responsibility is found to not be in full force and effect at any time. (c) The insurance required by this section shall be for limits of not less the minimum required by State law. Proof of insurance shall be in the form of a Certificate of Insurance issued to the City and must be attached to the auto wrecker permit application. Sec. 82-61. Issuance. After the applicant has filed an auto wrecker permit application, permit fee, and Certificate of Insurance, and the Chief of Police has examined same and found them to be in compliance with the terms of this article, and such application has been approved by the Chief of Police, the permit shall be issued to the applicant the appropriate permit to operate an auto wrecker within the City. Sec. 82-62. Contents. Every pernut issued under the provisions of this article shall be dated and numbered, shall bear upon its face a notice that the same expires one (1) year from the date of issuance, and shall show the make, model, motor number, and state license number of each auto wrecker permitted to operate within the City and, where the applicant has entered into a police-authorized tow 12 agreement with the City, the wrecker decal or license tag given to it by the Chief of Police. Sec. 82-63. Replacement of vehicle. Whenever a pernuttee wishes to discontinue the use of an auto wrecker during the period covered by a permit and replace such auto wrecker with another, the permittee shall file an affidavit stating that the use of the auto wrecker covered by the permit has been discontinued, and that the wrecker owner desires to use another auto wrecker in its place. A certificate from the permit holder's surety or insurer shall be attached to the affidavit evidencing that such surety or insurer has been notified thereof and agrees thereto. The Chief of Police shall then issue to the permittee a supplemental permit covering the new auto wrecker and cause the description of the old auto wrecker to be canceled from the original permit. In the affidavit, the certificate from the surety or insurer, and the supplemental permit, the old and new auto wreckers shall be described by make, model, motor number, State tow tag number, State license number, and decal or license tag, if applicable. Sec. 82-64. Rules; regulations. The Chief of Police is empowered to prescribe rules and regulations for displaying signs on auto wreckers showing that the same have been licensed as herein provided. The name, address, and telephone number of the permit holder shall be clearly visible and shall, at a minimum, meet the following requirements: (a) The name and telephone number of the permit holder shall be in letters not less than three inches (3") in height and located on all doors of the auto wrecker. (b) The address of the permit holder shall be in letters not less than two inches (2") in height and located on the doors of the auto wrecker. Sec. 82-65. Expiration. All permits issued under the provisions of this article are nontransferable and shall be valid for a period of one (1) year from the date of issuance. Sec. 82-66. Revocation. A pernut issued under the provisions of this article may be denied, suspended, canceled, or revoked by order of the Chief of Police for any of the following reasons: 13 (a) The permit holder has not been in compliance with the requirements of this article at any time since the permit has been issued; (b) The permit holder has committed any violation of State law regulating auto wreckers; (c) The permit holder has committed any violation of City ordinances regulating auto wreckers; (d) The permit holder has violated any rules or regulations issued by the authority of the Chief of Police; (e) There have been three (3) or more violations of City ordinances regulating auto wreckers within any one-year period by any one (1) auto wrecker driver operating a wrecker of the permit holder or by any other agents or employees of the permit holder; (� There have been four (4) or more moving violations of the motor vehicle laws of the State within any one (1) year by any one (1) driver while operating a wrecker of the permit holder; (g) The permit holder knowingly supplied false or incomplete information to obtain or maintain a permit; (h) The permit holder has been convicted of a felony or placed on probation within the last three (3) years, or convicted of a crime involving moral turpitude within the last ten (10) years; or (i) The permit holder, or his agent or employee, fails to respond to wrecker calls from the City's police department in such a manner as to create unnecessary delays in the removal of wrecked or disabled vehicles from the roadway. Sec. 82-67. Appeal. An applicant for a permit under this article shall have the right to appeal the decision of the Chief of Police to the City Council within ten (10) days of receipt of the notice denying such permit, which appeal shall be perfected by delivering, in writing, seven (7) copies of same to the City Council, stating that an appeal from the decision of the Chief of Police is desired and the facts regarding same. The City Council will schedule a hearing as soon as practicable after receiving such notice of appeal, grant a hearing thereon, and after the hearing of the appeal, shall within a period of five (5) days, sustain or reverse the decision of the Chief of Police. If no appeal is taken from the findings made by the Chief of Police within the time provided above, the 14 decision of the Chief of Police shall be final; otherwise the decision of the City Council shall become final." Section 3. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined in an amount not to exceed two thousand and no/100 dollars ($2,000.00). Each day in which any violation shall occur, or each occurrence of any violation, shall constitute a separate offense. 5ection 4. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 5. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on �rst reading this 17"' day of June, 2002. PASSED, APPROVED, and ADOPTED on second and final reading this lst day of July, 2002. �., � Harold L. Whitaker Mayor ATTEST Motion: Councilmember Kim Brizendine 2nd: Councilmember Kitten Brizendine Delaris McKenzie, C Approved: 6-0 City Secretary 15 �