20-Code of Ordinances to allow the police department to ticket, tow, and impound any vehicle that is not covered under automoblie liability insurance

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WHEREAS, Texas Local Government Code Section 51.001(2) provides that the governing body of a munieipality may adopt, publish, ainend, or repeal an ordinance, rule or police regulation that is necessary ar proper for carrying out a power granted by law to the municipality or to an office or department of the municipality; and 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, Texas Transportation Code Section 601.053(a) provides that as a condition of operating a motor vehicle to which Section 601.051 applies, the operator shall on request provide to a peace officer evidenee of financial responsibility; and WHEREAS, Texas Transportatian Code Section 545.305(8) authorizes a peace officer to move a vehicle from a highway if the vehicle is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody; and WHEREAS, Texas Transportation Code Section 545.305(d) states that the owner of a vehicle that is removed or stored under Section 545.305 is liable for all reasonable towing and storage fees incurred; and WHEREAS, Section 1 of the Tyler Ciry Charter states that the City of Tyler may make any and all rules and regulations by ordinances and resolutions; and WHEREAS, Section l of the Tyler City Charter states that the City of Tyler may make and enforce local police, sanitary, and other regulations, and may pass such ordinances as may be expedient for maintaining and promoting the peace, good government and welfare of the City, and for the performance of the functions thereof; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER: PART 1: That Tyler City Code Chapter 4, "Offenses and Miscellaneous Provisions", Article IV., "Police - Crime Prevention", is hereby amended by adding a new Section 4-73 to read as follows: Sec. 4-73. Police towing policy authorized; operators without proof of financial responsibility; financial responsibility verification form; fee. The Tyler Police Department is hereby authorized to adopt a city-wide policy for towing motor vehicles when the operator of the vehicle either fails to maintain, or cannot present proof of, financial responsibility required by the State. Tyler Police Department officers are hereby authorized to remove or impound any vehicle where the operator has failed to maintain, or cannot present proof of, the required financial responsibility. The Police Deparhnent is also authorized to develop and require a financial responsibility verification form for any operator to -1 290