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HomeMy WebLinkAboutORD 88-14 17L v ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-40 OF ARTICLE III, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING STOPPING, STANDING, PARKING; PROVIDING FOR SEVERABILITY; :PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT RESOLVED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 26 , Section 26-40 of Article III of the Code of Ordinances of the City of Beaumont be, and the same is hereby, repealed and a new Article III be added to read as follows: Section 26-40. Impounding of vehicle - Generally. (a) Members of the Police Department are hereby authorized to remove, or cause to be removed, a vehicle from a street o:t' highway to a public garage or other place of safety under any of the following circumstances: (1 ) When a vehicle upon a roadway is so disabled that iti normal operation is impossible or impractical, and t;t'le persons in charge of the vehicle are incapacitated 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) When any vehicle is left unattended upon a street or alley and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement: of traffic. (3) When any vehicle is left unattended upon a street and is parked illegally as to constitute a definite obstruction to city street cleaning operations or to the progress of construction or repair work on any ol: the city' s streets or water or sewer lines, or when any vehicle is illegally parked in a fire lane or so as to obstruct easy access to a fire hydrant. (4) When any vehicle is left unattended and parked within an officially designated tow away zone, if such tow away zone is clearly marked, as provided in Section 2-131 (b) (22 ) . (5) When any vehicle is left unattended in violation of Section 26-41 . (b) Whenever a police officer discovers a motor vehicle upon a street or highway under any of the circumstances described in subsection (a) , it shall be the duty of such police officer to notify the police communications officer of the make, model, registration number and location of such motor vehicle and the reason for which said vehicle is to be removed. The police communications officer shall select a wrecker company from the tow away list on a rotation basis, and call that wrecker company to send that company' s wrecker to remove said vehicle, unless the wrecker company informs the police communications officer of another wrecker company' s wrecker that will be sent to the call. (c) Each wrecker company desiring to remove vehicles from the streets under the circumstances described in subsection (a) shall have first obtained a permit as set out in Article IV. (Sections 29-70 through 29-87) (1 ) That the wrecker company has, within the city, a place of business, with sufficient space to store all vehicles removed by it under this section. (d) When a wrecker company has been called by the owner or legal agent of a private/public parking lot to remove a vehicle, and after the vehicle has been removed, the wrecker company shall, within two (2 ) hours, notify the police communications officer immediately of the make, model, color, license number, and the location from which the vehicle was removed, and the place of storage. (e) Any wrecker company removing a vehicle from a street, highway or private property, pursuant to the provisions of this section or V.C.S. 6701g-2, must make the vehicle available to the owner or operator on a twenty-four hour basis. A wrecker company shall present a written bill for wrecker services to each person when the vehicle is retrieved by the owner or operator. The bill for wrecker services shall contain, in bold type or capital letters, a statement, in substantially the following form: Maximum Charge for Towed Vehicles. 1 . Towing, all size vehicles up to and including one ton trucks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 45.00 2. Storage - any portion of the first 24 hours. . . .$ 5.00 a. Over 24 hours - per day. . . . . . . . . . .$ 10.00 b. For vehicles over five thousand (5,000 ) pounds gross weight - per day. . . . . . . . . . . .$ 25.00 - 2 - 3. Dolly, or Roll Back Tow, applies only if required or requested by owner of operator. . . .$ 25.00 4. Call out after hours. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.00 Towing and storage of any vehicle over five thousand (5,000 ) pounds gross weight will be regulated by the standards set by the Railroad Commission of the Texas Transportation Division. Penalties - Fines. Charges for towing and impoundment in excess of stated maximums violates the law and may result in the revocation of a permit(s) and or a fine of not less than One Hundred Dollars ($100.00 ) , nor more than Two Hundred Dollars ($200.00) . A wrecker company may charge not to exceed Forty-Five Dollars ($45.00 ) for such towing, as provided in this section. The Ten Dollars ($10.00) per day storage charges shall not begin to occur until the vehicle has been upon the premises of the wrecker company for twenty-four (24) hours. Wrecker companies may charge a lot fee of Fifteen Dollars ($15.00 ) for releasing a vehicle to its owner or operator any time it is necessary to release the vehicle, other than during normal working hours. This Fifteen Dollar ($15.00 ) fee may be collected by wrecker companies only when such vehicle is released within one (1 ) hour of the request by the owner or operator. When the owner or operator does not appear within the specified time limit to reclaim the vehicle, the wrecker company may charge an additional Fifteen Dollars ($15.00 ) call-out fee when the vehicle is reclaimed. The Forty-Five Dollar ( $45.00) towing charge applies to all vehicles one (1 ) ton or less. When it is necessary to use a dolly or Roll Back Tow to tow a vehicle, an additional charge of Twenty-Five Dollars ($25.00) is authorized. A wrecker company may charge up to Ten Dollars ($10.00 ) if a vehicle is released to the owner or operator after a vehicle is actually attached to the wrecker, but before the vehicle is moved, and under this circumstance, the wrecker company shall be placed back on the tow away no preference rotational list. (f) Whenever a vehicle is removed from a street or highway, as authorized in this section, and the vehicle remains unclaimed by the owner thereof at the expiration of twenty-four (24) hours from the time of removal, it shall be the duty of the chief of police, or his designated representative, to notify, in writing, the registered owner of said vehicle, according to the records of the Texas Highway Department, at the address contained in such records, of the fact of such removal, the reasons thereof, and the place to which the vehicle has been removed. - 3 - Copies of such notice shall be given to the proprietor of the garage at which said vehicle is stored and the Texas Highway Department. At the expiration of twenty-four (24) hours from the time of removal of any vehicle, pursuant to this section, the wrecker company removing said vehicle shall notify, in writing, the Chief of Police, or his designated representative, of any disposition made of said vehicle or of the fact that the vehicle remains under the control of the company which removed it. (g) Any certified police officer of the Lamar University Police Department may enforce the provisions of this section upon any public street within or contiguous to the main campus of Lamar University, as would a police officer of the Beaumont Police Department and shall be governed by the same procedures set out herein. Section 26-41 . Same Vehicles Unattended for Forty-Eight Hours; Redemption and Sale. (a) Any vehicle standing, parked, or remaining unattended on any public street, alley, sidewalk, parkway or other public place of the city for forty-eight (48) or more continuous hours is hereby declared to be illegally parked and at the same location for forty-eight (48) additional hours, it is hereby declared to be a nuisance per se, and any such vehicle, when so found, shall be removed summarily by any police officer of the city to a garage or parking lot designated or maintained by the Police Department and shall be kept there until redeemed or sold, as provided in this section. (b) The city shall have alien on every such impounded vehicle for all costs incurred in impounding, storing and advertising such vehicle. Such lien shall be prior and superior to all other liens of every kind, save and except for ad valorem taxes; and the city may retain possession thereof until all costs are paid, and may sell the same as herein provided. (c) The owner or any person legally entitled to possession of any impounded vehicle may redeem such vehicle prior to the sale of same by paying to the Chief of Police an impounding fee of Five Dollars ( $5.00 ) and any other actual expenses incurred by the city in impounding and keeping the impounded vehicle. There shall be a towing charge of Five Dollars ($5.00 ) which shall be deemed an actual expense incurred by the city when a vehicle belonging to the city is used to tow or remove such impounded vehicle to the place of storage. (d) The Police Department, when taking into custody an abandoned motor vehicle under this section, shall notify, within ten - 4 - ( 10 ) days thereof by registered or certified mail, return receipt requested, the last known registered owner of the motor vehicle and all lienholders of record, pursuant to the Certificatae of Title Act, as amended, (Article 6657-1 , Vernon' s Annotated Civil Statutes) , that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial number of the abandoned motor vehicle; set forth the location of the facility where the motor vehicle is being held; inform the owner and any lienholder of their right to reclaim the motor vehicle within twenty (20 ) days after the date of the notice upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or lienholder to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. If the identify of the last owner cannot be determined or if it is impossible to determine, with reasonable certainty, the identity and address of all lienholders, notice by one (1 ) publication in one (1 ) newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice, pursuant to this section. Such notice by publication can contain multiple listing of abandoned vehicles. Any such notice shall be within the time requirements prescribed for notice by registered or certified mail and shall have the same contents required for notice by registered or certified mail. The. consequences and effect of failure to reclaim an abandoned motor vehicle shall be set forth in a valid notice given pursuant to this section. (e) In the event a vehicle is not redeemed within fifteen (15) days from the receipt of the return receipt herein provided for or notice of nondelivery, the Chief of Police shall sell such vehicle at public auction to satisfy the impounding and storing costs after giving fifteen (15) days notice sale of such vehicle by posting such notice of sale at the courthouse door of Jefferson County, Texas, and at two (2 ) other places in Jefferson County, Texas, and by sending a copy of such notice by registered mail to the owner and lienholders of such vehicle, as shown by the records of the State I€ighway Department or similar agency. Such notices mailed to the address shown on the records of the Highway Department or similar agency shall satisfy the requirements of this section. When the Chief of Police is unable to ascertain the names of the owner and lienholders, and the vehicle has not been redeemed within thirty (30 ) days after the date of impounding, no notice other than the posting of notices, as prescribed by this section, shall be required in order to sell such vehicle. - 5 - (f) At the time and place so stated in such notice, each vehicle shall be offered for cash at public auction, and the Chief of Police shall accept the highest bid for each vehicle, provided, however, that the Chief of Police shall have the authority to reject all bids for any vehicle, when the best interests of the city will be served thereby. Each vehicle shall be sold separately. When any vehicle has been offered for sale at public auction and no bid has been received therefor, or all bids therefor have been rejected, such vehicle shall be disposed of by the Chief of Police in such a manner as he deems advisable, and all such dispositions shall be reported to the City Manager in writing. The Chief of Police shall keep an accurate record of each vehicle sold, the name and address of the purchaser, the price paid therefor, and the date of the sale. The Chief of Police shall make a complete report, in writing, to the City Manager of the time, place and manner of conducting each sale, and all funds received from the sale of each vehicle shall be delivered to the City Manager. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1 -8 of the Code of Ordinances of Beaumont, Texas. - 6 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1988. Mayor - 7 -