Laserfiche WebLink
ORDINANCE NO.O-2006-71 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TYLER, <br />TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF <br />TYLER, TEXAS, CHAPTER 4, "OFFENSES AND MISCELLANEOUS <br />PROVISIONS", ARTICLE IV., "POLICE - CRIME PREVENTION", <br />ALARMS", AUTHORIZING THE TYLER POLICE DEPARTMENT TO <br />ADOPT A CITY-WIDE POLICY FOR TOWING VEHICLES WHEN THE <br />OPERATOR HAS NO PROOF OF FINANCIAL RESPONSIBILITY; AND <br />ESTABLISHING A FEE FOR FINANCIAL RESPONSIBILITY FORMS ; <br />PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY <br />CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. <br />WHEREAS, it is the intent of the City Council to protect the public health, safety and <br />welfare; and <br />WHEREAS, municipalities may, under their police powers, enact reasonable regulations <br />to promote the health, safety and welfare of citizens; and <br />WHEREAS, Texas Code of Criminal Procedure Article 2.13 provides that it is the duty <br />of every peace officer to preserve the peace within the officer's jurisdiction, and to effect such <br />purpose, the officer shall use all lawful means; and <br />WHEREAS, Texas Code of Criminal Procedure Article 2.13(b)(1) provides that a peace <br />officer shall in every case authorized by the Code of Criminal Procedure, interfere without <br />warrant to prevent or $uppress crime; and <br />WHEREAS, Texas Transportation Code Section 311.001(a) provides that a home-rule <br />municipality has exclusive control over and under the public highways, streets, and alleys of the <br />municipality; and <br />WHEREAS, the City of Tyler is a home-rule municipality acting under its Charter <br />adopted by the electorate pursuant to Article 11, Section 5 of the Texas Constitution and Chapter <br />9 of the Texas Local Government Code; and <br />WHEREAS, Texas Local Government Code Section 51.072(a) states that a home-rule <br />municipality has full power of self-government; and <br />WHEREAS, Texas Local Government Code Section S l.072(b) provides that the grant of <br />powers to a municipality under the Texas Local Government Code does not prevent, by <br />implication or otherwise, the municipality from exercising the authority incident to self- <br />government; and <br />WHEREAS, Texas Local Government Code Section 51.001(1) provides that the <br />governing body of a municipality may adopt, publish, amend, or repeal an ordinance, rule or <br />police regulation that is for the good government, peace, or order of the municipality; and <br />- - 289 <br />