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19-Impounding Vehicles Where Drivers Cannot Provide Proof of InsuranceSubmittal Date: 10/07/2011 Council Date: 10/24/2011 CITY COUNCIL AGENDA ITEM BRIEFING SHEET enda Item No.: Originating Department: Presented By: ~ Police Chief Hundley 19. RECOMMENDED MOTION: First reading. POLICY ISSUE(S): Impounding Vehicles where drivers cannot provide proof of insurance. BACKGROUND: Council directed staff to develop an ordinance with the following criteria for impounding vehic es without proof of insurance: On a traffic law violation stop in which the driver cannot provide proof of required insurance coverage, police officers will issue a citation only for failure to provide proof of financial responsibility. If the driver has not been issued a driver's license or the licensee has been revoked or suspended (not just expired) and cannot provide proof of required insurance coverage and the insurance database does not confirm minimal insurance coverage, the driver will be issued a citation for failure to provide proof of financial responsibility and the vehicle is impounded by the on call wrecker service. If the driver has been convicted previously of not having insurance and cannot provide proof of insurance, the driver will be issued a citation for failure to provide proof of financial responsibility and the vehicle will be impounded by the on call wrecker service. If the driver is involved in a traffic collision and cannot provide proof of required insurance coverage and the insurance database does not confirm minimal insurance coverage, the driver will be issued a citation for failure to provide proof of financial responsibility and the vehicle impounded by the on call wrecker service. The driver or owner of the vehicle will have to provide proof of insurance coverage to the police department before the vehicle will be released from impound. Any towing or storage fees will be the responsibility of the vehicle's owner. If the vehicle is not retrieved from the wrecker service, the wrecker service may begin their legal procedure for an unclaimed vehicle. EXHIBITS: Ordinance ACTION: F~ Financial Report Department Report E Presentation F~ Public Hearing FISCAL NOTES: ~ Minute Order ~ Resolution ~ Ordinance ~ Other BUDGET INFO: $ F.xnense I $ Amt. I $ YTD Actual Acct. Name Acct. Number Revised 2/04/08 City of Paris - - 106 DRAFT S:attorney/ordwork/current/tow/uninsured motorists 10-24-11 ORDINANCE N0. 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; PROVIDING 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. 10'7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS THAT: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Chapter 31, Traffic Code of the Code of Ordinances of the City of Paris, Texas be amended to add a new Article VII Towing and Impound Policy for the towing, impounding and storage of vehicles operated in the City limits of Paris by persons unable to show proof of the state required minimum liability insurance coverage, said Article VII to read in its entirety as follows: "ARTICLE VII TOWING AND IMPOUNDMENT POLICY" Sec. 31-135. Impoundment of vehicles. (a) A police officer is authorized to remove or cause the removal of a vehicle from a street, alley, right-of-way or other public place in the corporate city limits of the City of Paris, when: (1) The vehicle is in an accident and the vehicle's owner or operator fails to show evidence of financial responsibility as required by Section 601.053 of the Texas Transportation Code, as amended; or (2) 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 operator fails to produce a valid Texas Driver's License (and police are unable to verify through the Department of Public Safety that the person has a valid Driver's License) and the vehicle operator fails to show proof of financial responsibility as required under Section 601.053 of the Texas Transportation Code, as amended; or (3) 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 operator fails to show evidence of financial responsibility under Section 601.053 of the Texas Transportation Code and the vehicle operator has one or more convictions in the last twenty-four (24) months for failure to maintain financial responsibility while operating a motor vehicle in this State. (b) Nothing in this section shall prevent a Paris Police Officer from issuing a criminal citation to a person for violating Chapter 601 of the Texas Transportation code in addition to the towing and impoundment procedures listed above. Sec. 31-136. Impoundment fee; collection. (a) When a person's vehicle must be towed and impounded in accordance with Section 31- 135 above, a police officer shall call a wrecker service licensed by the State and registered 108 with the City of Paris to remove the vehicle from the street or public right-of-way to a licensed vehicle storage facility. (b) All towing, storage and administration fees shall be paid before such vehicle or other property is released from the vehicle storage facility. (c) Payment of the fees charged under this section shall not excuse the owner or operator of the impounded vehicle or other property from any other charge of violating any city ordinance or state law. Sec. 31-137. Notice to owner and lienholders. (a) After a motor vehicle or other property is impounded, the wrecker service company shall send notice not later than the 10th day after the date of impoundment, 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, that the vehicle or other property has been towed and impounded. (b) The notice under Subsection (a) must: (1) 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 30th day after the date of the notice upon payment of all towing, storage and administration 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 or 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 determine with reasonable certainty the identity and addresses of all lienholders, notice by publication once in a newspaper of general circulation in the area where the vehicle 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 listings of impounded vehicles or other property; (2) Must be published within twenty (20) business days of date the vehicle was impounded; and 109 (3) Must contain the same contents required for notice under subsection (b). Sec. 31-138. 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 Section 601.053 of the, Texas Transportation Code, as amended, must be presented to the Paris Police 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 vehicle storage facility, except upon written order of release from the Paris Police Department. Sec. 31-139. Auction of impounded motor vehicles or other property. (a) If an impounded motor vehicle or other property is not claimed as provided for in Sections 31-137 and 31-138, the wrecker service company may sell the motor vehicle or other property at a public auction in accordance with state law; (b) Notice of the 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 published at least once in a newspaper of general circulation in the City of Paris, Texas no less than 10 days prior to the date of auction in accordance with state law. (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 wrecker service company, and shall be entitled to register the purchased vehicle or other property and receive a certificate of title, if applicable. (d) The wrecker service company is entitled to reimbursement from the proceeds of the sale of a motor vehicle or other property for the cost of the auction, towing, storage, notice and publication fees. (e) Any remainder from the proceeds of a sale shall be held by the wrecker service company for the owner or lienholder for 90 days. (o After the period provided by Subsection (e), proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used by the wrecker service company for the payment of future towing, storage, notice, auction and publication fees I 110 resulting from impoundment, if the proceeds from the sale of the other items are insufficient to meet those fees. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. That by a supermajority vote of _ ayes and _ nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 8. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on the first reading this 24th day of October, 2011. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 111