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HomeMy WebLinkAbout2006-272SA0ur Documents\0rdinances\06\Towing Fee OrdinanceSectionI S-104 2.doc ORDINANCE NO. 2 j -2'j% AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE IV ENTITLED "STOPPING, STANDING, AND PARKING" OF THE MOTOR VEHICLES AND TRAFFIC CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTION 18-104(a) RELATING TO STORAGE AND IMPOUNDMENT FEES FOR IMPOUNDED VEHICLES BY INCREASING THE TOWING, STORAGE, IMPOUND AND NOTIFICATION FEES; BY ADDING THE FEE FOR THE USE OF DOLLIES; AMENDING ARTICLE 1V ENTITLED "POLICE -INITIATED TOWING SERVICES" OF THE POLICE CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTION 23-87 TO ESTABLISH THE ANNUAL PERMIT FEE AND TO CITE SECTION 18-104 AS THE SOURCE FOR ALL OTHER POLICE - INITIATED TOWING FEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to increase these fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section 18-104 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: Sec. 18-104. Impoundment of standing or parked vehicles. (a) A vehicle removed and towed under the authority of Vernon's Texas Transportation Code Annotated, Section 545.305 shall be kept at the place designated by the police department until application for redemption is made by the owner or his authorized agent or other person legally entitled to possession of the vehicle. The police department shall require adequate proof of ownership or proof of the right to possession of the vehicle. The fees set forth below are also applicable to vehicles towed by towing companies pursuant to Chapter 23, Article IV, of this code of ordinances. The fees for towing and storage of vehicles are as follows: (1) Towing Fees. The towing fee shall be one hundred dollars ($100.00). (2) Storage fees. Storage fees for any vehicle twenty-five feet in length or less shall be twenty dollars ($20.00) per day, or any part of a day, after the first twenty- four hours. Storage fees for any vehicle more than twenty-five feet in length shall be thirty-five dollars ($35.00) per day, or any part of a day, after the first twenty-four hours. (3) Impound fee. The impoundment fee shall be twenty dollars ($20.00) and maybe assessed pursuant to Section 2303.155 of the Texas Occupations Code. (4) Notification fee. The notification fee for any towed vehicles registered in the State of Texas shall be fifty dollars ($50.00) and shall be charged to the S:\Our Documents\Ordinances\06\Towing Fec OrdinanceSectionlg-104 2.doc registered owner of the vehicle. Notification will be sent to the vehicle's last registered owner and all recorded lienholders by certified or registered mail no sooner than twenty-four hours after receipt of the vehicle and no later than five days after receipt of the vehicle. (5) Fee for dollies. If dollies are used to tow a vehicle, a fee of $30.00 maybe charged. (6) Miscellaneous fees_ Unless specifically listed by local rules established . under the authority of the director given to him by Section 23-82 of Ordinance 2006-174, any miscellaneous tow service fees should be listed with the Texas Department of Transportation. (b) Whenever the police department takes into custody a vehicle removed from the streets under the authority of this section, it shall attempt to ascertain the name and last known address of the registered owner as provided by the state department of highways and public transportation, and if the vehicle impounded has not been reclaimed within twenty-four (24) hours of the time of its impoundment, the police department shall notify, by certified mail, return receipt requested, the last known owner of the vehicle and all lienholders of record pursuant to the Certificate of Title Act, Vernon's Ann. Civ. St. art. 6687-1, that the vehicle has been taken into custody. The notice shall be as provided in section 20-43 of this Code. (c) It shall be unlawful for any person to remove or attempt to remove a vehicle from a city pound location without first paying the towing and storage fees which have accrued on the vehicle. (d) Upon payment of all towing and storage fees, a vehicle impounded by the police department pursuant to the enforcement of the provisions of this Code may be released to the lienholder or his authorized agent holding a valid and existing mortgage lien on the vehicle impounded, provided the mortgage lienholder complies with the following requirements: (1) Furnish the police department, for its inspection: a. The mortgage lien contract or a certified copy thereof specifying that upon default of the mortgagor the mortgagee is entitled to possession of such vehicle; b. The certificate of title with the lien appearing thereon. (2) Furnish to the police department an affidavit stating that he holds a lien on the vehicle impounded, that the mortgagor has defaulted, that the mortgage lienholder desires possession and is entitled to possession of such vehicle under a valid court order and agrees to indemnify and hold harmless the city, its police department and its employees or agents upon delivery to him of the vehicle. (e) The city shall refund all towing and storage fees to the registered owner or lienholder or other person legally entitled to possession of the vehicle if the municipal court or other court of competent jurisdiction determines that the impoundment of the vehicle was improper. Application for a refund shall be on forms prepared by the city attorney's office. (f) When a vehicle is authorized to be towed away, the police department shall keep Page 2 of 4 SAOur Documents\Ordinances\06\Towing Fee OrdinanceSectionl 8-104 2.doc and maintain a record of the vehicle towed, listing the color, year, make, model, vehicle identification number and license plate number and year displayed on the vehicle. The record shall also include the date of tow, by what commercial towing service, location towed from, location towed to, reason for towing, the name of the officer authorizing the tow and copies of all notices to owners or lienholders. SECTION 7. Section 23-87 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: See. 23-87. Fees charged; bills. Once a towing company's application has been approved consistent with Ordinance 2006- 174 and City of Denton Police department practice, the one time application fee of $150 shall serve as the permit fee for the first year. Subsequent years will require ad additional payment of $150 per year for each towing company. All other applicable fees which may be charged by the towing company are set forth in Section 18-104. SECTICIN 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. All provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 5. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed $500 per day. i SECTION 6. This Ordinance shall become effective on October 1, 2006 or fourteen (14) days from the date of its passage, whichever is later, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the l fo)�tlday ofD%yJ hQ 2006. ATTEST: JENNIFER WALTERS, CITY SECRETARY e3of4 &A. WA" PERkY R. McNEILL, MAYOR S:\Our Documents\0rdinances\06\Towing Fee OrdinanceSectionl8-104 2.doc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: =S::: �4y Page 4 of 4