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ORDINANCE NO. 11-007 <br />AN ORDINANCE 4F THE CITY OF RED OAK, TEXAS, AMENDING <br />THE CODE OF ORDINANCES BY AMENDING SECTION 12.08.002, <br />AUTHORITY FOR NONCONSENT TOW, BY AMENDING SUBSECTION <br />(a)(7) PROVIDING FOR THE TOWING OF VEHICLES OF ARRESTED <br />PERSONS; AND, BY ADDING SUBSECTIONS (a)(8) AND (a)(9) TCl <br />PROVIDE FOR THE TOWING OF VEHICLES INVOLVED IN <br />ACCIDENTS OR WHEN STOPPED FOR AN ALL.EGED TRAFFiC <br />VIQLATION AND OWNER OR OPERATC)R IS UNABLE TO PROVtDE <br />PROOF OF FINANCIAL RESPONSIBILiTY; PROVIDING A SAVINGS <br />CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN <br />EFFECTIVE DATE. <br />WHEREAS, the City of Red 4ak, Texas is a home rule city under its Charter <br />adopted by the electorate pursuant fo Articie Xi, Section 5 of the Texas Canstitution and <br />Chapter 9 of the Local Government Cade; and <br />WHEREAS, the City Council of the City of Red Oak previously approved <br />Ordinance Number 08-156 on December 08, 2008, officially adopting the authority far <br />nonconsent tow; and <br />WHEREAS, the City Council has determined that Section 12.08.002 should be <br />arnended to provide for failure to provide proof of financial responsibility; and <br />WHEREAS, the City Council of the City of Red Oak desires to amend the Code <br />of Ordinances by arnending Section 12.08.002 as provided herein. <br />NOW, THEREFtaRE, BE IT ORDAINED BY THE CITY CQUNClL OF THE CITY <br />OF RED OAK, TEXAS: <br />SECTION 1. That the Cade af 4rdinances be, and the same is, hereby amended <br />by the City Council of the City of Red Oak, by amending Section 12.08.002, subsection <br />(a)(7) and by adding subsections (a)($) and (a)(9), which shall read as follows: <br />"Sec. 12.08.002 Authority for nonconsent tow <br />(a) A police officer is authorized to remove or cause the removal of a <br />vehicle or other property of any description fram a street to a place <br />designated by the chief of police when: <br />(7) an afficer arrests any person driving or in cantrol of a vehicle for an <br />alleged offense and the officer is by law required to take the person <br />arrested immediately before a magis#rate; <br />(8) The vehicle is in an accident and the vehicle's owner or operatar <br />fails to show evidence of financial responsibility as required under <br />Chapter 601 of the Texas Transportation Cade, as amended; or <br />- 1 287 <br />