Loading...
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 _ ~ 1 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: - - 273 (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 C:~.Documents and Settings\jellisU.ocal Settings`,Temporary lntemet Files\Contrnt.OuHook\C53HUpN6\IMPOUNDMENT ORDINANCfi- Second ReadingWACO.doc 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 C:SDocumeots and Settings\jellis.l.ocal Scttings`Temporary Intemet Files~.Conccnt.0utlook+C53HUON6`.IMPOUNI3MENT ORD[NANCE- $econd Re:idingA'ACO.doc , , 275 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; C:\fksuments and Setiings~jellisU.ocal SettinEsTemporary Intcmet Files\Contzrt.0utlook\C53HUON6\IMPOUNDMENT ORDlNANCE- Second Rpdin@WACO.doc - 276 (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 C:tDocumenYS wid Settingsljellis`I,oc:il Seftings Temporary Inteinet Files:Content.0utlook~C5+tiU0N6VMPOUNDMEN'I' pRDiNANCE- Second Reading WACO.doc _ . 277 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 G:IIJOCUmrnts mid SettinE;s\jellis\I,oca1 Settings"fem}xiruy Intemet Files\Content.0utlook\C53HUON61MPOUN13MENI' ORI)INANCE- Second Re:tclingl4ACO.doc - - 278 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. - - 279 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 - - 282 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 - - 284 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. - 1 285 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 - 1 287 (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 - - 289 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 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 I - 291