HomeMy WebLinkAboutORD 71-64LN/im/11/09/71
ORDINANCE NO. 7/ � 4-'/
ENTITLED AN ORDINANCE AMENDING SECTION
37-115.1(a) OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS, TO PROVIDE THAT A VEHICLE
PARKED IN A PUBLIC PLACE FOR FORTY-EIGHT
(48) OR MORE CONTINUOUS HOURS SHALL BE DE-
CLARED TO BE ILLEGALLY.PARKED AND AMENDING
SECTION 37-115.1(d) TO PROVIDE FOR NOTIFICATION
OF THE OWNER AND LIENHOLDERS BY THE POLICE
DEPARTMENT; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
1.
That Section 37-115.1(a) of the Code of Ordinances of
the City of Beaumont be amended to read as follows:
"Sec. 37-115.1.
Impounding, redemption and sale
ot ve is es unattended ours.
"(a) Any vehicle standing, parked or re-
maining 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 should such vehicle remain continuously at
that 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."
2.
That Section 37-115.1(d) of the Code of Ordinances of
the City of Beaumont be amended to read as follows:
"Sec. 37-115.1. jZpounding, redemption and sale
ot vehicles unattended ours.
. "(d) A police department which takes into
custody an abandoned.motor vehicle under this ordinance
shall notify within ten (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 Certificate of
Title Act, as amended (Article 1436-1, Vernon's Texas
Penal Code), 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 lien-
ZO -7i- 6 '� //-93--7/ o25"
holder 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 identity of the last registered owner
cannot be determined or if the registration con-
tains no address for the owner, or if it is impossible
to determine with reasonable certainty the identity
and addresses of all lienholders, notice by one
publication in one 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 Article. Such notice by
publication can contain multiple listings 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 re-
quired for notice by registered or certified mail.
The consequences and affect of failure to re-
claim an abandoned motor vehicle shall be as set
forth in a valid notice given pursuant to this
ordinance."
3.
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 in no wise affect the remaining portions
of this ordinance and to such end the various portions and provisions
of this ordinance are declared to be severable.
4.
That all ordinances and parts of ordinances in conflict
herewith are hereby repealed.
PASSED by the City Council this the day of
1971.
- Mayor -
-2-