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
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