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HomeMy WebLinkAboutORD-10-07 Amending Ch 5.76-Permits for Tow Truck BusinessORDINANCE NO. 10- 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 5.76 OF THE ORANGE MUNICIPAL CODE RELATING TO PERMIT REQUIREMENTS TO OPERATE A TOW TRUCK BUSINESS IN THE CITY OF ORANGE.WHEREAS, the City is authorized by California Vehicle Code Section 21100 to license and regulate the operation of tow truck service companies or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority; and WHEREAS, the legislature has found that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment; and WHEREAS, Orange Municipal Code Section 5.76.020 governs tow truck driver permits; and WHEREAS, the City Council finds this additional information on a photo identification will further enhance the safety of the public; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:SECTION I:Section 5.76.020 of the Orange Municipal Code is amended to provide as follows:5.76.020 Permit-Required.A. No person shall operate any tow truck business or within the City without obtaining a property permit therefore, as provided in this chapter.B. Every driver's permit issued under this chapter shall set forth the following information:1. Name of company for whom the driver is authorized to operate a tow truck;2. Name, photo, driver's license number, and date of birth of the applicant;3. Date of expiration of C. The driver shall wear the permit in plain view during all service calls within the city limits of the City of Orange. SECTION II: Should any section, subsection, clause, or provision ofthis Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This Ordinance shall be prospective in application from its effective date. SECTION III: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 8th day of May, 2007. ATTEST: City Clerk, City 0MaryE. 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 24th day of April, 2007, and thereafter at the regular meeting of said City Council duly held on the 8th day of May, 2007, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None v (('(y, City Clerk, City 3