20-Code of Ordinances to allow the police department to ticket, tow, and impound any vehicle that is not covered under automoblie liability insuranceCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Departrnent:
Presented By:
Agenda Item No.:
06/03/201 l
Council Date:
Police
Chief Hundley
20.
06/27/2011
RECOMMENDED MOTION:
Not an action item. City Staff is seeking direetion on amendments to the Code of Ordinances to allow
the Police Department to ticket, tow, and impound any vehicle that is not covered under automobile
liability insurance.
POLICY ISSUE(S):
Impounding Vehicles where drivers cannot provide proof of insurance.
BACKGROUND:
All vehicles driven on roadways in Texas are required to have minimum coverage liability insurance.
Many northeast Texas cities have adopted ordinances allowing the police department to impound
vehicles stopped on traffic violations or involved in collisions in which the driver cannot provide proof
of minimum insurance coverage. Officers have the ability to check vehicle registration by computer,
TexSure, to see if insurance coverage exists. In the past 5 years, citation numbers have fluctuated, but
are still sizable:
FTMFR 2"d Offense Dismissed after showing FR Difference
2006 1036 173 502 707
2007 1499 196 806 889
2008 1265 121 682 704
2009 695 89 325 459
2010 701 82 269 514
Before impounding a vehicle, stopped on a traffic violation or after being involved in a collision and the
operator claims to have financial responsibility but fails to show the required proof of coverage, the
officer will make reasonable efforts to determine if the vehicle is covered. Steps to verify coverage may
include but are not limited to:
a. Contacting the driver's insurance company
b. Contacting the driver's insurance agent.
c. Contacting a parent or guardian if dealing with a minor.
d. Contacting the lien holder.
e. Checking through TexSure database.
If the officer has any doubts that the vehicle is tru.ly insured, he has the option of not impounding the
vehicle. If it is 2 AM, the operator does not have proof with him, doesn't know how to get in contact
with the registered owner and has no proof of insurance and the TexSure database has no record of
insurance, the vehicle will be towed. The officers will attempt to find transportation for anyone who has
a vehicle impounded. Since we use a wrecker rotation, owners will have to bring proof of insurance on
the vehicle towed to the police department before it will be released. All fees associated with the towing
and storage of the impounded vehicle has to be paid for release.
City of Paris 27Revised 2/04l08
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E XHIBITS:
Sample Ordinances from the Cities of Waco and Red Oak; and Section 4-73 of the City of Tyler's Code
Of Ordinances
ACTION:
❑ Financial Report
❑ Depattinent Report
E Presentation
❑ Public Hearing
❑ Minute Order
❑ Resolution
❑ Ondinance
❑ Other
BUDGET INFO: $
Exuense $
I Budgeted Amt I$ I
Acct Name
Acct. Numb
FiscAL NoTES:
City of Paris Revised 2/04/08
27~
ORDINANCE NO. 2011-213
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WACO, TEXAS, BY REPEALING ARTICLE IX,
"IMPOUNDMENT OF VEHICLES" IN CHAPTER 25; ADOPTING
A NEW ARTICLE IX, "IMPOUNDMENT OF VEHICLE5 OR
OTHER PROPERTY" IN CHAPTER 25; PROVIDING A SAVINGS
CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE; AND FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED 1S OPEN TO THE PUBLIC AS REQLJIRED BY LAW.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WACO, TEXAS:
Section 1. That Article IX. "IMPOUNDMENT OF VEHICLES" as adopted in
1967, in Chapter 25 "TRAFFIC AND VEHICLES" of the Code of Ordinances of the
City of Waco, Texas, is hereby abolished and repealed in its entirety.
Section 2. That the newly adopted Article IX. "IMPOUNDMENT OF
VEHICLES OR OTHER PROPERTY" in Chapter 25 "TRAFFIC AND VEHICLES" of
the Code of Ordinances of the City of Waco, McLennan County Texas, is hereby adopted
as follows:
ARTICLE IX. IMPOUNDMENT OF VEHICLES OR OTHER PROPERTY
Sec. 25-216. Impoundment of abandoned motor vehicles.
(a) Any abandoned motor vehicle may be impounded by the police department
without prior notice to the owner or lienholders, and placed in a privately
operated garage or other place designated by or maintained by the city.
(b) For the purposes of this chapter, the term "abandoned motor vehicle" shall have
the same meaning griven by Chapter 683, Texas Transportation Code, as
amended.
Sec. 25-217. Impoundment of vehicles or other property.
(a) A police officer is authorized to remove or cause the removal of a vehicle or
other property of any description from a street, alley, right-of-way or other
public place to a place designated by the chief of police when:
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(1) the vehicle or other property is left unattended upon a bridge or viaduct or in a
tunnel or underpass;
(2) the vehicle or other property is found upon a street, alley, right-of-way or
other public place, including private property generally open to the public,
and a report has been previously made that such vehicle or other property has
been stolen or a complaint has been filed and a warrant issued thereon
charging that such vehicle or other property has been stolen or converted in
violation of law;
(3) the officer has reasonable grounds to believe that the vehicle or other property
has been abandoned;
(4) an officer arrests any person driving or in control of a vehicle or other
property for an alleged offense and the officer is by law required to take the
person arrested immediately before a magistrate;
(5) the vehicle or other property is standing, parked, or stopped in any portion of
a street, alley, right-of-way or other public place, and the officer has reason to
believe that the vehicle or other property constitutes a hazard or interferes
with the normal function of a governmental agency or that the safety of the
vehicle or other property is imperiled;
(6) the vehicle or other property is standing, parked, or stopped in violation of
any provision of this chapter, or in violation of any provision of State law;
(7) the vehicle is in an accident and the vehicle's owner or operator fails to show
evidence of financial responsibility as required under Chapter 601 of the
Texas Transportation Code, as amended; or
(8) the vehicle is stopped by a police officer for an alleged violation of a city or
state traffic law or other law applicable to the operation of a vehicle on the
roadway and the vehicle's owner or operator fails to show evidence of
financial responsibility as required under Chapter 601 of the Texas
Transportation Code, as amended.
(b) A police officer may, with the express permission of an arrested person, leave an
arrested person's vehicle or other property at the scene of the arrest or other
location. In these instances, the arresting officer shall ensure that the vehicle or
other property is legally parked and secured.
Sec. 25-218. Impoundment fee; collection.
(a) The City Council, by minute entry or through adoption of the city budget, shall
approve and establish a schedule of fees to be charged for the impoundment of
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274
vehicles or other property. This schedule may include fees to cover towing,
preservation, storage, notice and publication.
(b) A11 towing, preservation, storage, notice and publication fees shall be paid before
such vehicle or other property is released from the city impoundment facility.
(c) Payment of the fees charged under this section shall not excuse the owner or
driver of the impounded vehicle or other property from any charge of vialating
any city ordinance or state law.
(d) The Chief of Police or authorized designee shall have the discretion to waive any
or all fees described by this Article, or as is necessary and proper under state or
federal law.
Sec. 25-219. Notice to owner and lienholders.
(a) After a motor vehicle or other property is impounded, the police department
shall send notice not later than the lOth day after the date thereof, by certified
mail, to the last-known registered owner of the motor vehicle or other property
and all lienholders recorded under Chapter 501, Texas Transportation Code, as
amended, or Chapter 31, Texas Parks and Wildlife Code, as amended, that the
vehicle or other property has been taken into custody.
(b) The notice under Subsection (a) must:
) specify the year, make, model and identification number of the impounded
motor vehicle or other property, if applicable;
(2) give the location of the facility where the motor vehicle or other property
is being held;
(3) inform the owner and any lienholders of the right to claim the motor
vehicle or other property not later than the 20th day after the date of the
notice upon payment of all towing, preservation, storage, notice and
publication fees; and
(4) state that the failure of the owner or lienholders to exercise their right to
claim the vehicle or other property within the time provided shall be
deemed a waiver by the owner and all lienholders of all right, title, and
interest in the vehicle ar other property and their consent to the sale of the
vehicle or other property at a public auction.
(c) If the identity of the last-registered owner cannot be determined, or if the
registration contains no address for the owner; or if it is impossible to detercnine
with reasonable certainty the identity and addresses of all lienholders, notice by
publication in one newspaper of general circulation in the area where the vehicle
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or other property was impounded shall be sufficient to meet all requirements of
notice pursuant to this section.
(d) Notice by publication under Subsection (c):
(1) may contain multiple ]istings of impounded vehicles or other property;
(2) must be published within the time requirements prescribed far notice
under Subsection (a); and
(3) must contain the same contents required for notice under subsection (b).
Sec. 25-220. Liability of City.
The provisions of sections 25-216 and 25-217 shall not be construed to relieve
from or lessen the responsibility of any person who shall leave his vehicle or other
property parked on the streets of the city in such a manner that the same may be
impounded; nor shall the city be held as assuming any such liability by reason of
impounding or causing to be impounded such vehicle or other property.
Sec. 25-221. Claim of impounded vehicle or other property.
(a) To claim an impounded vehicle or other property, satisfactory evidence of
ownership or right of possession and proof of financial responsibility as required
under Chapter 601, Texas Transportation Code, as amended, must be presented
to the impounding department.
(b) The requirement to provide proof of financial responsibility may be waived by
the impounding department if, after satisfactory evidence of ownership or right
of possession has been presented, the owner or individual claiming right of
possession:
(1) provides an affidavit showing no intent to operate the motor vehicle until
proof of financial responsibility can be attained; and
(2) the vehicle is towed or carried from the impound facility by a licensed tow
operator authorized to conduct operations from an impoundment facility.
(c) No vehicle shall be released from the city impoundment facility, except upon
written order of release from the impounding department.
Sec. 25-222. Auction of impounded motor vehicles or other property.
(a) If an impounded motor vehicle or other property is not claimed as provided for
in section 25-221, the police department may sell the motor vehicle or other
property at a public auction;
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(b) Notice of ihe time and place of the public auction and a descriptive list of the
motor vehicles or other property to be offered for sale shall be posted in city hall
for no less than 30 days.
(c) The purchaser of the motor vehicle or other property shall take title free and
clear of all liens and claims of ownership, shall receive a sales receipt from the
police department, and shall be entitled to register the purchased vehicle or other
property and receive a certificate of title, if applicable.
(d) The police deparhnent is entitled to reimbursement from the proceeds of the sale
of a motor vehicle or other property for the cost of the auction, towing,
preservation, storage, notice and publication fees.
(e) Any remainder from the proceeds of a sale shall be held for the owner or
lieriholder for 90 days.
(f) After the period provided by Subsection (e), proceeds unclaimed by the owner or
lienholder shall be deposited in an account that may be used for the payment of
auction, towing, preservation, storage, and notice and publication fees resulting
from impoundment, if the proceeds from the sale of the other items are
insufficient to meet those fees.
(g) All sales made pursuant to the provisions of this article shall be made for cash at
a public auction to the highest bidder for each piece of property; however, the
city reserves the right to reject all bids.
(h) The auction held pursuant to this article shall be conducted by the director of
finance.
Sec.25-223. Garagekeepers.
Where a Garagekeeper seeks to have the city sell a vehicle left in its possession,
the city and Garagekeeper shall comply with all applicable provisions of Chapter 683,
Texas Transportation Code, as amended.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent they conflict with this ordinance.
Section 4. If any provision, section, subsection, sentence, clause, or phrase of this
Ordinance, or the application of same to any person or set of circumstances is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of this Ordinance or their application to other persons or sets of circumstances shall not
be affected thereby, it being the intent of the City Council in adopting this ordinance that
no portion hereof or provision or regulation contained herein shall become inoperative or
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fail by reason of any unconstitutionality, voidness, or invalidity of any other portion
hereof, and all provisions of this Ordinance are declared to be severable for that purpose.
Section 5. That it is the intention of the City Council and is hereby ordained that
the provisions of this ordinance shall become and be a part of the Code of Ordinances of
the City of Waco, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
Section 6. That it is hereby officially found and determined that the meeting at
which this ordinance is passed is open to the public as required by law, and that public
notice of the time, place and purpose of said meeting was given as required.
PASSED AND APPROVED:
FIRST READING: 5`h day of April, 2011.
SECOND READING: 19th day of April, 2011.
Jim Bush, Mayor
City of Waco, Texas
ATTEST:
Patricia W. Ervin, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Leah Hayes, City Attorney
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ORDINANCE NO. 08-156
AN ORDINANCE OF THE CITY OF RED OAK, TCXAS, ARIIENDING
THE CODE OF URDINAVCES BY REPEALING CHAPTER 72,
"VEHICLE TONI'1NG, REMOVAI., AND IAIPOUNDIVIENT
REGULf1TI0NS," AND RCPLACING IT WITH A NEW CHAPTER 72
THAT PROVIDES rOR THE 1bIINIAIUM REQUIREAIENTS FOR
BUSINESSES PROVIDInTG NONCONSENT TOWING SERVICES
WITHIN THE CITY OF RED OAK, A ROTATIONAL TOW LIST FOR
OPERATORS WHO ARE QUALIFIED TO CONTRACT WITH THE
CITY, AND MAXIMUM FEES FOR SERNIICES; PROVIDING A
SEVERABILITY CLf1USE, A SAVINGS CLAUSE, A REPEALING
CLAUSE, AND A PEIVALTY CLAUSE OF A FINE n'OT TO EXCEED
$200.00 FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Red Oak, Texas desit•es to amend its Vehicle ?'oiving, Re►noval,
and Impoundment Regulations to require the licensing and pennit requirements required under
state la%v.
NoW THEREFORE, BE tT ORDAINED BY THE CITY COUNCIL roR THE
CITY OF RED OAK, TEXAS THAT:
Section 1. Tlte Code of Ordinances be and the same is hereby amended by repealing
Chapter 72 of the City of Recl Oak Code of Ordinances in its entirety, and replacing it xvith the a
new Chaptec 72, which shall read as follows:
"CHAPTER 72: VEHICLE TQ«'ING, REMOVAG, AND IMPOUNDNIENT
REGULATIQNS
§ 72.01 Definitions.
The foilowing definitions shall apply in the inteipretatian and enforcement of this
Chapter:
Nonconsent tow means aliy tow of a motor vehicle that is not initiated by the
awner or operator of the vehicle or by a person who has possession, custody, or
control of the vehicle. The tenn includes a tow of a►notor vehicle initiated by a
peace officer investigating a traffic accident or traffic incident that involves the
vehicle.
Public roadwav means a public street, alley, road, right-of-way, or other public
way, including paved and unpaved portions of the right-of-way, within the
coiporate limits of the ciTy.
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Tow truck means a motoi• vehicie, inclucfiing awrecker, eyuippeci with a
mechanical device used to toxv, \1'i[1Ch, 0I• othcnvise move another motor vetiicle,
and that has a valid iticident manageulent tawing pei-init under Chapter 2308 of
the Texas 4ccupations Code, as amended,
Towin COlilpililx means an iildividual, association, corporation, oc other legal
eiitity thlt coiitrols, operates, ar directs tlie operation of one or more tow trueks
ovei- a public roadway.
Vehicle means a devicc in, on, oi- by which a person or propetiy may be
transported on a public roadway. The tei-in includes an operabie oi- inopez•able
zutomobile, truck, motoi•cycle, recreational vehicle, or tr•ailer, but does not include
a device moved by human power or used exclusivety on a statianary cail or track.
Vehicle owner means a person:
(a) named as the purchasei• oi- ta•ansferee in t}le cei-tificate of title issued for ilze
vehicle;
(b) lIl whose name the vehicle is registered Nlrough the Texas Deparhnent of
T'ublic Safety, or a membec of the person's immediate family;
(c) m,ho liolds the vehicle through a lease agreement; or
(d) xvho has a legal i•ight of possessian to tlie vehicle.
Veliicle stoi•age yarci means a garage, parking lot, oi- other facility that is o«med
by a person ot}ier than a govecnmentai entity and used ta stot•e or park at least 10
vehicles each year, and that complies with ihe requirements of Chapter 2303 of
tlie T'exas Occupations Code, as amended.
§ 72.02 Authorih- foe• Nonconsent Tow.
(a) Tlle Cfty of Red Oak Palice C}iief oi- liis designee is authoi•ized ta re2iiove
a vehicle fi•om a public roadway to a vehicle storage facility or other place of
slfety w1ien the vehicle:
{1} is unattended anci obsh•ucting traffic;
(2) is un}awfully parked aiid blocking the entrance to a public oi- private
driveway;
(3) has been reported oi- identified as stolen;
(4) is unattended and the peace officer has reasonable grounds to believe
the vehicle lias been abandvned for longer tlian forty-eight (48)
hOUI'S;
280
(S) is disabled to that not•tnal operation is impossible or impractical and
the oGZfner or person in charge af the vehicle is incapacitated and
unable to provide for the vehicle's removal ar custody ar is not in the
II111I1eCIliitC \r1Cllllty af the weliicle;
(6) is disablecf so that normal operation is impossible or impractical and
tlie owner or person in charge of the vehicle cioes not designate a
particular to,.ving or storage company; or
is aperated Uy a person apeace afficer ai-i•ests for ati alleged offense
and the peace officer is required by law to take ihe person into
custody.
(b) Subject to the approval of the City Cou►icil, the City of Red Qak Paiice
Depai•tmeclt ma}, eiiter info an agreement witli one or moi•e tow operator(s) aiicllor
company(ies) to perforni nonconsent tow services within the City of Red Oak's
jurisdiction.
§ 72.03 Minimurn Requii•ements for Tow Qperatoi• to provide nonconsent
tow services witliin Cit,y.
(a) Equipment. An operator of a toW truck or towing cociipany shall possess
and maintain in a good and efticient manner two (2) one-ton tow ~vreckers,
equipped with dolly, winch, line, booster brakes, axe, tawbar, spare cliains,
blinker lights, emei'gency light, working liglit, broatn, flares, tvheel chocks,
hyciraulie jaek, and fire extinguislzcr, in addition to otiier standarcl equipiiietit on
tow trucks.
(b) License. Each tow truck operator shall possess and maintain a license foi•
incident management towing operations undec Chapter 2308 of the Texas
Occupations Code, as amended.
(c) lncitlent Manageulent "Towin Peilnit. Each taw truck shall possess and
niaiiitain an incident management toxving pennit issued by the State, as requiced
by Chapter 230$ of khe Tex1s 4ccupations Code, as amended.
(tl) Insucance. All tow tilick operators shall carry liaUility insurance cvith at
least the following minimwn limits on an occw•rence basis:
(1) S250,040 for bodily injury or death per person per occu2rence; and
(2) 550,000 far injucy ta or destruction of property per incident.
A tow truck operator wtio maintains a storage yard shall also cai-t•y a miiiirnum of
S25,000 liability insurance to cover theft ar vandalism of property stored in the
yard.
281
(e) Si ns. Each tow truck anci towing company daing Uusiiless in the city
shall display a sign on each door with the name, address, and telephone number
for the service in letters at least one-inch tall.
( fl Veliicle Storage Yard. ERCIz operator of a tow truck or towing company
must provide evidence of the ability to stoi-e vehicles at a yard satisfying the
following requiremerlts:
( 1) If loclted outside the City of Red Oak, the vehicle starage yard must
be wittiiti five (5) uiiles of the nelrest boundary of the City of Red Oak,
and must satisfy ail requirements of the jurisdictian in which it is located;
and
(2) Be licensed by the State of Texas as an approvcd storage facility.
§'72.04 Frocedul•e s}iould Police Chief implement a rotatioraal totiv list.
(a) The City of Red Oak Police Chief rnay elect to contract with more than
one tow truck operator andioi• eompany to perfoi-m 2ionconsent tows of motor-
vehicles initiated by a peace of'ficer investigation a traffic accident or traffic
incicleiit. In sucli an event, the City ot Reci Oak Police Depai-tment tivill maintaiil
a list of towing companies to pei-form nonconseTtt totiA, services on a rotational
basis.
( 1) Aii operator of a tow truck or towing company desiring inclusion
an k}ie rotational toNv list maintained by the city's police department must apply to
ttte Chief af Police in writing, and provide: a listing of the operator's
qualitications and equip►nent available to provide totiving seivices; proof of
cotnmercial liability insurance aiic3 coverage in the fot7n of a certificate of
insurance and copy of the insurance policy; and a leiter of intent to abide Uy the
maximuin charges for service as required by 5 72.06, and to pay aper call
administrative fee to the City as established by resolution anci inelucfed in the
Master Fee 5clledule.
(2) After app(ication is made, the Chief of Palice or lZis clesignee shall
inspect the applicant's equipment for complianee with the standards and
specificatio;ts in this chapter and state law. The Chief of Police shall ziatify al]
applicants complying with the pi•ovisions of this chapter af their placement on atl
appraval list to enter into an agceement with the City for towing services and a
pOS1ttOI1 Oil tlle 1'Otcltlotlcll C0w list. Applicants not complying with the provisions
of this chapter or state laGV sha(I be notified in t;-ritiiig af the reasoiis for rejection
of the application.
(3) Applicatioil for inclusioii on tlie rotational tow list shall be made
annually. Tlie Chief of Police shall accept applications for ptacement on the
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r•otatio21a1 to'vtr list iii September of each yeaT•. Any operator of a tow ti'uck o►• a
toxving company who desires placement or retentian on the rotational tow list
must provide an application at this time.
(b) The Chicf of Police for tlie Red Oak Police Departinent shall adopt
policies to implement the rotationll tour list in amanner that enstu•es eyual
distribution of riancorisent kows among the towing compariies titat perfarm
noncoiisent tows in the city. The Police Chief shall make the list maintairled in
accardance with this chapter availaUle for public inspectian.
§ 72A5 Requirements and Procedures for Towing Sei•veces
(a) Al! di-ivers for towing services under this Chapter shall register with the
Reci Qak Police Departnient, and pay a$15.00 regish'ation fee. Tfie Red Oak
Palice Department shall request a driver's license report for the registrant.
(b) An operltor af a tow tiuck or towiilg company that halds a contcact with
the City shall comply with the folLowing requirements ancl pi•ocedures:
( l) Maintain twenty-four (24) hour service;
(2) Report to the Folice Cilief or his designee all changes in drivers
and toxv truck equipment used in the opei•ator's towing seivice, antl make all
equipment available fo;• inspection Uy the Police Chief or his designee;
(3) Enaploy taw ti-uck di•ivers who have driving records acceptable to
the Chief of Police ar his designee, which requirement is for the safety and
welfare of the citizens of the City of Red Oak;
(4) Advise at the time of IlOtiflCRtlOt1 by the Red Oak Police
Department whether accepts cali for towing service, thereby requiring arrival on
scene within a reasonable lengtll of time, generally not to exceed twenty (20)
minutes;
(5) Proceeci immediately to the location directed, and advise the Red
Oak Police Depac•iment of any delays in ai•rival exceeding a reasonable length af
time;
(6) Comptetely retnove froin the site of a traffic accident or trafflc
incident ail resultiiig wreckage or debris, including bi•oken glass and vehicle pai-ts,
before leaving the site;
{7} Where applicable, directly deliver the wrecked or disabled vehicle
to a location designated by a peace officei•; and
283
(8) Maintain the I11t1111T1Ui1] requirements listed in S 72.03 of this
chapter.
§ 72.06 iMaximutn Charges.
(a) Operators with a towiilg service contract with the City shall not charge
prices for services within the city more than prescribed by resolution of the City
COUI7CII iilld IIIClUdCCI lll the City's Vlaster Fee Scliedule.
(b) Operator shall not ciiatge atiy fee for ca!(s or service within the city that is
iiot listed in t}ie Master Fee Scliedule.
§ 72.07 Offenses.
(a) VVithin the corporatc limits of the city, aperson commits an offense if:
{1} the person arcives at the scene of a traftic aceident oi- traffic
iticident ta perform a nonconsent tow of a motor vehicle without first being
conCacted by the Red Oak Police Deparfiiient;
(2) the person directly oi- i►ldirectiy solicits towing selvices for
wi•eckecl oi- disabled vehicles an public roadways, which seivices iticlude but are
not limited to towing, removing, repairing, wrecking, storing, trading, selling, or
purehasing of the vehicle; or
(3) the person enters the scene of a traffic accident, traffic incident, oi•
other area under the cantrol of a peace officer withoLrt the pef•mission of the peace
officer.
(b) A presumption exists that a person is soliciting towing services if the
person aiY-ives at ar near the sceiie oi- situs of a traffic accident or traffic incident
within one hour of its occuirence.
(c) It is a defense to an offense under subsectian (a)(1) that a person other
than the Red Oak Police Departtnent summoned the tow truck in order to prevent
death or bodily injury to any person involved in a traffic accident.
(d) An offense under this section is a misdemeanor punishable by a fine of not
less ttian $ LQO oi- ►nore than $200,00.
§ 72.08 Consent Torv.
A peace officer investigating a traffic accident or a traffic iricident oii a public
raadway shall request that an owner or operator of a vehicle that is unable to
safely proceed under its own power, oi- an owmer or aperator of a vehicle tivho is
physically unable to drive such vehicle, designate an operator of a tam, huck or
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towing company to remove the vehicle. If the vehicle ownei• or operator makes
sucli a ciesignation, the designated company shall be coritacted to sencl a taw tt•uck
to the scene.
72.09-72.20 Resez•ved."
Section 2. It is hereby declared to be the intention of the City Gauncii tltat the
sections, paragraphs, se«tences, clauses, and phrases of this Ordinance are severable, and if Tny
section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree af any court of competent jurisciiction, such
tuiconstitutionatity shall nat affect any of the reinaining sections, paragj•aphs, sentenees, clauses,
anci plirases of this Orctinance, since the same would have been enacted by the City Council
without the incorporation in this Ordinance of any such unconstitutional section, paragraph,
seiitence, clause or plirasc.
Sectioti 3. All riglits and remedies of the City af Red Oak are expressly saved as to
any and all violations af the provisions of any ordinances gaverning zoning or platting that have
accriied at the time of the effective date of this Oi•dinance; and, as to such acccued violations and
all pending litigation, both civil and criminal, whcther pending in couil or not, under such
ordinances, same shall not be Hffected by this Ordinance but may be prasecuted until f nal
disposition by the caurts.
Seetian 4. This Orciinance shatl be cumulative of a(1 provisions af ordinances and of
the Code of Ordinances of the City of Red Oak, Texas, and the Red Oak Comprehensive Zoning
Oi•cfinance, as amended, except ,i~here the provisions of this Ordinance are in direct conflict with
the provisions of such ordinances and such codes, in tivhicli event the conflicting provisions of
such ocdinances and such codes are hereby repealed.
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Section 5. Any person, tirm or corparation xvho violates, disobeys, uinits, neglects or
rehises to comply with or Nvho resists the enforcement of any of the provisions of this ordinance
shall be fined not mare than Two Hundred Dollars ($200.00) for each offense. Each day that a
vialation is permitted to exist shall constitute a separate offense.
Seetion 6. This ordinance shall be in fiill force and effect fi•om and after its passage
and publication as required by la«<, and it is so ordained.
PASSED AND APPRONrED ON THIS 8th DAY OF DECEMBCR, 2008.
APPROVEP:
i
i
ALAN HUGLEY WYOR
ATTEST:
~
CYN IA OLGUIN, CIT t"6SEC.RETAP,8',~~~"`"~;
286
ORDINANCE NO. 11-007
AN ORDINANCE 4F THE CITY OF RED OAK, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING SECTION 12.08.002,
AUTHORITY FOR NONCONSENT TOW, BY AMENDING SUBSECTION
(a)(7) PROVIDING FOR THE TOWING OF VEHICLES OF ARRESTED
PERSONS; AND, BY ADDING SUBSECTIONS (a)(8) AND (a)(9) TCl
PROVIDE FOR THE TOWING OF VEHICLES INVOLVED IN
ACCIDENTS OR WHEN STOPPED FOR AN ALL.EGED TRAFFiC
VIQLATION AND OWNER OR OPERATC)R IS UNABLE TO PROVtDE
PROOF OF FINANCIAL RESPONSIBILiTY; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Red 4ak, Texas is a home rule city under its Charter
adopted by the electorate pursuant fo Articie Xi, Section 5 of the Texas Canstitution and
Chapter 9 of the Local Government Cade; and
WHEREAS, the City Council of the City of Red Oak previously approved
Ordinance Number 08-156 on December 08, 2008, officially adopting the authority far
nonconsent tow; and
WHEREAS, the City Council has determined that Section 12.08.002 should be
arnended to provide for failure to provide proof of financial responsibility; and
WHEREAS, the City Council of the City of Red Oak desires to amend the Code
of Ordinances by arnending Section 12.08.002 as provided herein.
NOW, THEREFtaRE, BE IT ORDAINED BY THE CITY CQUNClL OF THE CITY
OF RED OAK, TEXAS:
SECTION 1. That the Cade af 4rdinances be, and the same is, hereby amended
by the City Council of the City of Red Oak, by amending Section 12.08.002, subsection
(a)(7) and by adding subsections (a)($) and (a)(9), which shall read as follows:
"Sec. 12.08.002 Authority for nonconsent tow
(a) A police officer is authorized to remove or cause the removal of a
vehicle or other property of any description fram a street to a place
designated by the chief of police when:
(7) an afficer arrests any person driving or in cantrol of a vehicle for an
alleged offense and the officer is by law required to take the person
arrested immediately before a magis#rate;
(8) The vehicle is in an accident and the vehicle's owner or operatar
fails to show evidence of financial responsibility as required under
Chapter 601 of the Texas Transportation Cade, as amended; or
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(9) The vehicle is stopped by a police officer for an alleged violation of
a city or state traffic law or other law applicable to the operation of a
vehicle on the roadway and the vehicle's owner or operator fails to
show evidence of financial responsibility as required under Chapter
601 of the Texas Transportation Code, as amended."
SECTION 2. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision
thereof other than the part decided to be invalid, iliegal or unconstitutional.
SECTION 3. That all provisions of the Code of Ordinances of the City of Red Oak,
Texas, as amended, shall remain in full force and effect, save and except as amended by
this ordinance.
SECTION 4. That this ordinancs shall take effect immediately from and after its
passage as the law in such cases provides, and the City Secretary is directed to fumish a
copy of this amendment to the budget to the County Clerk of Ellis County as required by
Chaptef 102 Of the TEXAS LOCAL GOVERNMENT CODE.
PASSED, APPROVED and ADOPTED at the Regular Meeting of the Red Oak
City Council on the 14th day of February, 2011.
APPROV :
~
Alan Hugley, M o
ATTEST:
~
,
.
~
Cynthi Olguin, City Sec etary
p`,
APPROVED AS TO FORM:
,:~•Ta.!;:.i,HEG~ -
Robert E. Hager, City Attorney
(JDD/ajh 02l08f2011(Revised-REWcdb21611JX47653)
2
288
ORDINANCE NO.O-2006-71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TYLER,
TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF
TYLER, TEXAS, CHAPTER 4, "OFFENSES AND MISCELLANEOUS
PROVISIONS", ARTICLE IV., "POLICE - CRIME PREVENTION",
ALARMS", AUTHORIZING THE TYLER POLICE DEPARTMENT TO
ADOPT A CITY-WIDE POLICY FOR TOWING VEHICLES WHEN THE
OPERATOR HAS NO PROOF OF FINANCIAL RESPONSIBILITY; AND
ESTABLISHING A FEE FOR FINANCIAL RESPONSIBILITY FORMS ;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, it is the intent of the City Council to protect the public health, safety and
welfare; and
WHEREAS, municipalities may, under their police powers, enact reasonable regulations
to promote the health, safety and welfare of citizens; and
WHEREAS, Texas Code of Criminal Procedure Article 2.13 provides that it is the duty
of every peace officer to preserve the peace within the officer's jurisdiction, and to effect such
purpose, the officer shall use all lawful means; and
WHEREAS, Texas Code of Criminal Procedure Article 2.13(b)(1) provides that a peace
officer shall in every case authorized by the Code of Criminal Procedure, interfere without
warrant to prevent or $uppress crime; 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, the City of Tyler 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, Texas Local Government Code Section 51.072(a) states that a home-rule
municipality has full power of self-government; and
WHEREAS, Texas Local Government Code Section S l.072(b) provides that the grant of
powers to a municipality under the Texas Local Government Code does not prevent, by
implication or otherwise, the municipality from exercising the authority incident to self-
government; and
WHEREAS, Texas Local Government Code Section 51.001(1) provides that the
governing body of a municipality may adopt, publish, amend, or repeal an ordinance, rule or
police regulation that is for the good government, peace, or order of the municipality; and
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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
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obtain release of any vehicle removed or impounded pursuant to this Section and Tyler Police
Department policy. The fee for said financial responsibi]ity verification form shall be .five
dollcrrs ($5.00). Said fee shall be in addition to any applicable towing or storage charges. (Ord.
No. 0-2006-71, 8/9/06)
PART 2: That if any provision or any section of this ordinance shall be held to be void
or unconstitutional, such holding shall in no way affect the validity of the remaining provisions
or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine as provided in Section 1-4 of the Tyler Code. Each day such violation shall
continue, or be permitted to continue, shall be deemed a separate offense. Since this ordinance
has a penalty for violation, it shall become effective upon its publication in the newspaper as
provided by Section 85 of the Charter of the City of Tyler, Texas, which date is expected to be
August 11, 2006. This ordinance shall have an effective date of August 11, 2006.
PASSED AND APPROVED this 9`h day of August, A. D., 2006.
JOSEAH O. SEEBER, MAYOR OF
THE C1TY OF TYLER, TEXAS
ATTEST: APPROVED:
CASSANDRA BRAGER, CITY CLERK CITY ATTORNEY
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