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HomeMy WebLinkAboutORD 71-35� F�'��� �+f• � � 5 F , � � ORDINANCE NO. ,-_�,' ENTITLED AN ORDINANCE AMENDING SECTION 37-139 OF THE CODE OF ORDINANCES OF THE CITY OF . BEAUMONT; AUTHORIZING MEMBERS OF THE POLICE DEPARTMENT TO REMOVE VEHICLES FROM THE STREETS UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS; PROVIDING A PROCEDURE FOR THE REMOVAL OF VE- HICLES FROM THE STREETS; PROVIDING FOR SEVERABILITY; AND REPEALING ALL CONFLICTING ORDINANCES. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That Section 37-139 of the Code of Ordinances of the City of Beaumont be amended and after being amended shall read as follows: "Sec. 37-139. Impounding of Vehicle (a) Members of the police department are hereby authorized to remove, or cause to be re- moved, a vehicle from a street or 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 dis- abled that its normal operation is im- possible or impractical and the person or 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 re- moval 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 so parked illegally as to constitute a definite obstruction to city street cleaning operations or to the pro- gress of construction or repair work on any of the city's streets or water or sewer lines, or when any vehicle is ille- gally parked in a fire lane or so as to obstruct easy access to a fire hydrant. ,�9- 71-3 S_ 7-,77--71 as (4) When any vehicle is left unattended and parked within an officially desig- nated tow away zone, if such tow away zone is clearly marked as provided in Section 37-8(17) of this Code. (b) Whenever a police officer discovers a motor vehicle upon a street or highway under any of the circumstances described in Section 37-139(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 and call that wrecker company to send a wrecker to remove said motor vehicle. The police communications officer shall make such selections on a rotational basis from a list of all wrecker companies which have a permit issued in accordance with Section 37-139(c). (c) Each wrecker company desiring a permit to remove vehicles from the streets under the circumstances enumerated in Section 37-139(a) shall make application to the Chief of Police, or his designated representative, in writing on a form provided for that purpose by the police department. Such application shall contain the name, address and telephone number of the applicant and shall show that all the terms and conditions of Section 37-139(d) have been complied with. Every application when filed shall be sworn to by the applicant and shall be accompanied by a permit fee of twenty- five ($25.00) dollars. No permit shall be transferable and every permit shall expire on the 31st day of December of the calendar year in which issued. (d) Permits shall be issued under this Section by the Chief of Police or his designated repre- sentative. No permit shall be issued under this section unless the sworn application shows: (1) That all wreckers to be used by applicant have been issued permitspursuant to Chapter 41A of this Code; and, (2) That applicant has, within the corporate limits of the City of Beaumont, a place of business with sufficient space to store safely all vehicles removed by it under this section; and, -2- (3) That applicant has in force for the period of the permit a policy of liability in- surance insuring applicant against liability for damages sustained by the owner of any vehicle removed by applicant from the streets pursuant to this section. Said applicant shall furnish the police chief, or his des- ignated representative a certificate of insurance showing such insurance coverage in an amount of not less than $25,000 per occurrence. Said certificate of insurance shall state that the City of Beaumont shall be notified at least ten (10) days prior to cancellation of said insurance coverage. (e) Any permit issued under this section may be revoked by the Chief of Police upon a deter- mination by him that any person or wrecker company has failed to comply or is no longer in compliance with the requirements set forth in this section for the issuance.of such permit or has violated any of the provisions of this sec- tion. (f) Any wrecker company removing a vehicle from a street or highway pursuant to the provisions of this section may charge the owner of said ve- hicle a towing charge not to exceed seventeen and fifty one hundredths ($17.50) dollars and a storage charge not to exceed two ($2.00) dollars per twenty-four (24) hours of storage or frac- tion thereof. (g) 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 desig- nated 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 therefor, and the place to which the vehicle has been removed. Copies of such notice shall be given the proprietor of the garage at which said vehicle is stored and the Texas Highway Depart- ment. 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 repre- sentative of any disposition made of said vehicle or of the fact that.the vehicle re- mains under the control of the company which removed it." -3- That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a par- ticular person, or to a particular set of circumstances, should for any reason be held to be invalid, such invalidity shall in no way 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. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED by the City Council this the CO % day of J, 47 1971. t�L OaL___ - Mayor -