HomeMy WebLinkAbout24-2174ORDINANCE NO. 24-2 174
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF ORDINANCES,
CHAPTER 23, ARTICLE IV (POLICE INITIATED TOWING SERVICES), CHAPTER 23,
ARTICLE V (NON-CONSENT TOWING), AND CHAPTER 18, ARTICLE IV, DIVISION 1,
SECTION 18.104(a)(1-6) (IMPOUNDMENT OF STANDING OR PARKED VEHICLES –
FEES); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500 FOR
VIOLATIONS THEREOF. PROVIDING A SEVERABILITY CLAUSE, AND PROVID[NG AN
EFFECTIVE DATE.
WHEREAS, The City of Denton Code of Ordinances, specifically Chapter 1 8, Article IV, Division
1, Section 18.104(a)(1-6)(Impoundment of Standing or Parked Vehicles - Fees), Chapter 23 Article
IV (Police Initiated Towing Services), and Chapter 23, Article V (Non-Consent Towing), was
passed in 2006 and amended in 2015; and
WHEREAS, there have been no updates to Chapter 18, Article IV, Division 1, Section 18.104(a)(1-
6) since 2015 to address fees despite numerous changes to State and Federal level regulations and
to the economic environment; and
WHEREAS, there have been no updates to Chapter 23, Article IV since 2006, and no updates to
Article V since 2015, which have led to concerns that some tow companies operating in the city
have been taking advantage of regulatory loopholes to charge excessive fees; and
WHEREAS, Chapter 18 and Chapter 23 lack enforcement mechanisms to ensure vendor
compliance with safety and operational requirements specifically intended to protect the motoring
public within the city; and
WHEREAS, the Texas Transportation Code does not expressly authorize a municipality’s peace
officers to impound a vehicle to protect the public when the driver fails to provide evidence of
financial responsibility (insurance); and
WHEREAS, on August 14, 2015, the Texas Attorney General issued Opinion No. KP-0034,
stating that a municipality’s governing body may pass an ordinance authorizing peace officers
working for the municipality to impound a vehicle to protect the public when the driver fails to
provide evidence of financial responsibility (insurance); and
WHEREAS, the Texas Transportation Code does not expressly authorize a municipality’s peace
officers to impound a vehicle to protect the public when the driver does not possess a valid driver’s
license; and
WHEREAS, it is a reasonable reading of Texas Attorney General Opinion No. KP-0034, and
supported by Texas case law, that a municipality’s governing body may pass an ordinance
authorizing peace officers working for the municipality to impound a vehicle to protect the public
when the driver is operating a motor vehicle without a valid driver’s license; and
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WHEREAS, Texas Occupations Code Chapter 2308, Section 2308.2085 (Local Authority
Regulation of Booting Activities) grants a local authority to right to regulate booting activities;
and
WHEREAS, booting is less expensive, less time consuming, and less burdensome process for the
owner/operator of a vehicle; and
WHEREAS, representatives of the Denton Police Department met on more than one occasion with
representatives of tow companies and tow truck drivers to solicit their input into changes in the
City Code affecting their business operations;
NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2: The City Council finds that the proposed amendments to Chapter 18, Article
IV, Division 1, Section 18.104(a)(1-6), Chapter 23, Article IV, and Chapter 23, Article V, in the
form of Exhibit “A,” serves the public interest and improves the quality of life of residents and
visitors to the city, improves transparency in the towing of vehicles within the city, provides for a
clear and consistent fee schedule, provides for the fair treatment of vehicle owners, provides a
reasonable alternative to non-consent towing a vehicle through booting, and provides an
enforcement mechanism for the Police Department to ensure compliance.
SECTION 3: All other provisions of Chapter 18 and Chapter 23 of the City Code of
Ordinances not expressly amended by this ordinance remain in full force and effect.
SECTION 4: Any person violating any provisions of this ordinance shall, upon
conviction, be fined a sum not exceeding Five Hundred and no/100 Dollars ($500.00). Each
violation of this ordinance shall constitute a separate and distinct offense.
SECTION 5: it is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance, shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section
SECTION 6: in compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record
Chronicle, a daily newspaper published in the City of Denton, within ten (10) days of this date of
lts passage.
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SECTION 7: in compliance with Section 2.09(d) of the Denton Charter, the City
Secretary is hereby directed to codify the amendments in the form of Exhibit “A“ in the City Code
of Ordinances.
The motion to approve this ordinance was made by Joe Holland and seconded by Brian
Beck; this ordinance was passed and approved by the following vote [4 - 3]:
Aye
X
X
Nay
X
Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :X
Joe Holland. District 4:X
XBrandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:X
PASSED AND APPROVED this the 19th day of November, 2024.
/ y//GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
„..ya'z-/ / '–:l