2011-050 ORD ADDING NEW ARTICLE VII TOWING AND IMPOUNDMENT POLICY TO TRAFFIC CODE

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ORDINANCE N0. 2011-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 31, TRAFFIC CODE OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, BY ADDING A NEW ARTICLE VII TOWING AND IMPOUNDMENT POLICY, PROVIDING FOR THE TOWING AND IMPOUNDMENT OF VEHICLES WHERE DRIVERS FAIL TO PROVIDE PROOF OF LIABILITY INSURANCE; MAKING THIS ORDINANCE CUMULATIVE OF STATE AND FEDERAL LAWS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDIIVG 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, 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 evidence of financial responsibility; and WHEREAS, the City of Paris is a home-rule municipality acting under its Charter adopted by the electorate pursuant to Article 11, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, municipalities may, under their police powers, enact reasonable regulations to promote the health, safety and welfare of citizens; and WHEREAS, Texas Transportation Code Section 311.001(a) provides that a home-rule municipality has exclusive control over and under the public highways, streets, and alleys of the municipality; and WHEREAS, on July 11, 2011 at a regular City Council meeting of the City of Paris, the Police Chief presented proposed new regulations for towing and impounding vehicles operated on the streets of the City of Paris by drivers not carrying the state required minimum liability insurance coverage; 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 it's citizens to adopt new policies and regulations for the towing and impoundment of vehicles operated on the City streets where drivers fail to provide proof of liability insurance when stopped as a result of an observed state traffic law or other motor vehicle related law or as a result of a traffic accident. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS THAT: