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1980-013NO J60 - 13 AN ORDINANCE AMENDING IN ITS ENTIRETY SECTION 24-131 OF CHAPTER 24, ARTICLE V OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, TO BE ENTITLED "IMPOUNDMENT OF VEHICLES" AND PROVIDING FOR THE AUTHORITY TO REMOVE VEHICLES, TOWING AND STORAGE FEES, NOTICE OF REMOVAL, AND REDEMPTION, PROVIDING A SBVERABILITY CLAUSE, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF, PROVIDING FOR PENALTIES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I l` That Chapter 24, Article V, Section 24-131 of the City of Denton Code of Ordinances, as amended, be and the same is hereby amended to read as follows "Section 24-131 (a) Any police officer of the City of Denton is hereby authorized to remove and tow away or cause to be removed and towed away by a commercial towing service, any vehicle from a street or roadway within the corporate limits of the city to a place designated or maintained by the police department when (1) A vehicle upon a street or roadway is so disabled that its normal operation is impos- sible or impracticable and the person or persons in charge of the vehicle are incapaci- tated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle, (2) the vehicle is left unattended upon a bridge, viaduct, or in a tunnel or underpass, (3) the vehicle is illegally parked so as to block the entrance to any private driveway, (4) the vehicle is found upon a street, and a report has been made that the vehicle has been stolen or a complaint has been fled and a warrant issued charging that the vehicle has been unlawfully taken from the owner, (S) the police officer has reasonable grounds to believe that the vehicle has been abandoned, (6) a vehicle is left unattended in a loading zone and is not authorized to be parked in such loading zone, and the permittee of such loading zone has requested the removal of said vehicle, (7) a vehicle is left unattended upon a street or easement of the City and the police officer has reason to believe that the vehicle immediately and substantially interferes with the normal function of city employees or its agents in maintaining, constructing or repairing a city street or utility line, (8) a vehicle, except an authorized emergency vehicle, is illegally parked in or upon a fire lane required by the city and conspicuously designated as a fire lane in compliance with said requirements, (9) a police officer arrests any person driving or in control of a vehicle for an alleged offense and the police officer is by law required to take the person arrested immediately before a magistrate, (10) a vehicle is left unattended upon a street and by reason of any catastrophe, emergency or unusual circumstance, the safety of the vehicle is imperiled, (11) the vehicle is standing, parked or stopped in violation of the parking ban regulations or any other provision of this chapter or State law, (12) the owner or operator of a vehicle does not appear in response to three (3) or more traffic citations affixed to a motor vehicle owned by him and a summons or warrant for his arrest has been issued but not served, a police officer is authorized to remove the vehicle from a street when such vehicle is next found left unattended in violation of the parking ban regulations or any other provision of this chapter or state law (b) A police officer may, at his discretion, with the express permission of an arrested person, leave an arrested person's vehicle at the scene of the arrest or other location In these instances, the arresting officer shall insure that the vehicle is legally parked and locked (c) Subject to the provisions of Section 24-131 1 of this code pertaining to disposition of impounded property by the city, a vehicle removed and towed under the authority of this section 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 police department shall charge fees for towing and storage of vehicles as prescribed by the City Council POLICE INITIATED TOWING SERVICE - PAGE 2 (1) Towing Fees - as established by the Towing Service Ordinance, as amended, (2) Storage Fees - (a) Less than seventy-two (72) hours, no charge, (b) more than seventy-two hours, Two Dollars and Fifty Cents ($2 50) per day or portion thereof (d) 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 highway department, 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 lien holders of record pursuant to the Certificate of Title Act, as amended (Article 6687-1, Vernon's Texas Civil Statutes Annotated) that the vehicle has been taken into custody The notice shall describe the year, make, model, and vehicle identification number, set forth the location of the facility where the vehicle is being held, the reasons for the removal, inform the owner and any lien holders of their right to reclaim the vehicle within thirty (30) days after the date of notice upon payment of all towing and storage charges resulting from placing the vehicle in custody Further, the said notice shall state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lien holders of all right, title and interest in the vehicle and their consent to the sale of the vehicle at a public auction (e) 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 lien holders, notice by one publication in one newspaper of general circulation in the area where the vehicle was removed shall be sufficient to meet all requirements of notice pursuant to this section Any such notice shall be within ten (10) days of the date of removal POLICE INITIATED TOWING SERVICE - PAGE 3 and shall have the same contents required for a notice by certified mail Further, the police department shall send or cause to be sent a written report of such removal by mail to the state highway department Such notice shall have the same contents required for a notice by certified mail (f) A person commits an offense if he removes or attempts to remove a vehicle from a city pound location without first paying the towage and storage fees which have accrued on the vehicle (g) The police department shall release a vehicle without payment of towage or storage fees under the following circum- stances (1) A vehicle taken into protective custody when the incident did not involve an arrest, violation, or automobile accident, (2) Subsequent investigation results in a determination that there was no violation of the Texas Motor Vehicle Laws or the City of Denton Code of Ordinances or that the arrested person did not commit a criminal offense (h) Upon payment of all towage 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 lien holder, or his authorized agent, holding a valid and existing mortgage lien on the vehicle impounded, provided, the mortgage lien holder 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 lien holder 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 POLICE INITIATED TOWING SERVICE - PAGE 4 (1) The City of Denton shall make a refund of all towage 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 " (j) When a vehicle is authorized to be towed away, the police department shall keep 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 penholders SECTION II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION III That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict SECTION IV Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor punishable by a fine POLICE INITIATED TOWING SERVICE - PAGE 5 I t5 not less than One Dollar ($1 00) nor more than Two Hundred Dollars ($200 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is commuted, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION V That 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 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 _41 day of 1980 Blffr-NASH, MAYOR CITY OF DENTON, TEXAS ATTES 4g j~ A~~e S L , CITY SBCRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY POLICE INITIATED TOWING SERVICE - PAGE 6 ~o ~ 3