2017-004 - Amending Article VII, Towing and Impoundment Policy of Chapter 31 Traffic Code to remove the requirement in Sec. 31-138

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ORDINANCE NO. 2017 -004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE VII, "TOWING AND IMPOUNDMENT POLICY" OF CHAPTER 31, " TRAFFIC CODE," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TO REMOVE THE REQUIREMENT IN SEC. 31 -138 THAT VEHICLE OWNERS PROVIDE PROOF OF FINANCIAL RESPONSIBILITY (LIABILITY INSURANCE) TO CLAIM VEHICLE IMPOUNDED UNDER SAID ORDINANCE; MAKING THIS ORDINANCE CUMULATIVE OF STATE AND FEDERAL LAWS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Transportation Code Section 601.051 provides that a person may not operate a vehicle in the State of Texas unless financial responsibility is established for that vehicle; and WHEREAS, on October 11, 2011 the City Council of the City of Paris, Texas passed Ordinance 2011 -050 amending Chapter 31, Article VII, "Towing and Impoundment Policy," to allow for the impoundment of vehicles when no evidence of financial responsibility could be provided; and WHEREAS, Section 31 -138 specifically set out the requirements for claiming an impounded vehicle which required proof of ownership of the vehicle along with proof of financial responsibility for the vehicle; and WHEREAS, the Texas Attorney General has issued an opinion stating that cities do not have the authority to require an owner of a vehicle impounded pursuant to City Ordinance to present proof of financial responsibility before reclaiming such impounded vehicle; and WHEREAS, the City Council of the City of Paris, Texas hereby finds and determines that it is in the best interest of the City and its citizens to amend the current ordinance to comply with the state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS THAT: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Chapter 31, Section 31 -138 Traffic Code of the Code of Ordinances of the City of Paris, Texas be amended to read in its entirety as follows: