AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BASTROP,
TEXAS AMENDING ARTICLE 10.200 OF THE CODE OF ORDINANCES,
ENTITLED "ADOPTION OF UNIFORM ACT"; AUTHORIZING TOWING OF
UNAUTHORIZED VEHICLES PARKED IN RIGHT-OF-WAY; AUTHORIZING
SIGNS TO BE ERECTED TO REFLECT TOWING/IMPOUNDMENT BY THE
CITY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to the authority granted by the
Texas Transportation Code, Chapters 542 and 684, the City Council
of the City of Bastrop has determined the need to exercise reasonable
police power regarding the regulation of traffic, traffic control
devices, and parking enforcement devices within the City; and
WHEREAS,
pursuant to citizen input and information developed by the Public
Works and Street Departments and the Police Department of the City
of Bastrop.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT THE
CITY CODE BE AMENDED AS FOLLOWS:
Part 1:
ARTICLE 10.200 ADOPTION OF UNIFORM ACT, of the Code of
Ordinances of the City of Bastrop is hereby amended as follows:
ARTICLE 10.200
TOWING OF UNAUTHORIZED VEHICLES
Sec. 10.201 LOCAL AUTHORITY.
(a) The City Council hereby
adopts Chapter 542, Subchapter B, §542.202, entitled "Powers
of Local Authorities," of the Texas Transportation Code, as heretofore
and hereafter amended, and ordains that such act shall be in full
force and effect upon all street, roads, alleys and thoroughfares
within the City.
(b) The terms used in this
Article 10.200, et seq. are defined in the same manner as such terms
are defined by the Texas Transportation Code.
Sec. 10.202 TOWING OF UNAUTHORIZED
VEHICLES.
The City may remove or contract with one or more towing companies
to remove an unauthorized vehicle that is parked in the right-of-way
of the public roadways of the City, when such rights-of-ways have
signs posted in accordance with applicable State law stating that
parking is prohibited in the rights-of-ways; and/or
Sec. 10.203 TOWING SIGNS
A sign under Section 10.202(1) above shall comply with all Texas Transportation
Code requirements as set forth in §684.031, entitled "General
Requirements for Sign Prohibiting Unauthorized Vehicles," or
as otherwise required by the Texas Transportation Code, as hereafter
amended.
Sec. 10.204 IMPOUNDMENT
- UNPAID PARKING VIOLATIONS
Whenever it is determined that any motor vehicle has accumulated five
(5) or more unpaid parking violations within the City, or any number
of parking violations which have remained unpaid more than thirty
(30) days, such vehicle may be impounded by the Bastrop Police Department
if found upon any public street, alley or public parking lot within
the corporate limits of the City. Such impoundment may be by towing
to a regular place of impoundment or by physical restraint "in
place." A vehicle so impounded will remain impounded until the
owner or operator has paid all towing and impoundment fees and made
proper disposition of all accumulated parking violations. Disposition
shall consist of paying the accumulated parking violations and costs
or posting good and satisfactory bond for appearance in court. Any
motor vehicle not redeemed within thirty (30) days may be disposed
of as provided by State and local law for abandoned motor vehicles.
Sec. 10.205 NOTICE OF TOWING
AND IMPOUNDMENT
(a) After a vehicle has
been towed and/or impounded pursuant to this Ordinance, notice shall
be provided to the registered owner(s) and any other person(s) who
reasonably appear to have an interest in the vehicle, advising them
of the towing and impoundment, in compliance with State law. The notice
will state:
(1) That the vehicle has
been towed, and will provide a description of that vehicle, including
the make, model, color, year, license, and vehicle identification
number;
(2) The location of the
vehicle and that it may be reclaimed only upon evidence that the claimant
is the owner or person entitled to possession;
(3) The address and telephone
number of the person or facility that may be contacted for information
on the charges that must be paid before the vehicle will be released
and the procedures for obtaining the release of the vehicle;
(4) That the vehicle and
its contents are subject to a lien for the towing and storage charges,
and a vehicle not claimed within thirty (30) days after mailing date
of the notice is subject to sale by the City;
(5) That the owner may request a hearing concerning the legality of
the towing and/or impoundment, and the method for requesting such
a hearing, and
(6) An itemized statement
of the amount due to the City for towing and/or impoundment and storage
of the vehicle, at the time of notice.
(b) Notice need not be
mailed when a vehicle does not display license plates or other identifying
markings by which the registration or ownership or the vehicle can
be determined, or when the identity of the owner of the vehicle is
not available from the appropriate motor vehicle licensing and registration
authority.
Sec. 10.206 REDEMPTION
AND RELEASE OF TOWED AND IMPOUNDED VEHICLES.
Vehicles towed and impounded
by the City shall be redeemed and released only under the following
circumstances:
(a) Only the registered
owner, or a person authorized by the registered owner, may redeem
an impounded vehicle. A person redeeming an impounded vehicle must
produce a valid driver's license and valid proof of insurance for
the vehicle. A vehicle impounded for reasons of unpaid parking citations
or due to the driver's arrest can only be released pursuant to a written
order from the police department or a court with jurisdiction that
all penalties, fines, or forfeitures owned by the registered owner
have been satisfied by full payment or by the posting of a bond pending
a hearing.
(b) Any person redeeming
a vehicle impounded by the City shall pay the towing contractor and/or
the City for all costs of towing/impoundment and an administrative
fee prior to redeeming the vehicle. The administrative fee shall be
for the purpose of offsetting, to the extent practicable, the cost
to the City of implementing, enforcing, and administering the towing
and. impounding of vehicles, and shall be deposited in an appropriate
City account. The administrative fee will be set by the City Council
in an amount not to exceed $0.00, per towing incident, and as amended
hereafter.
Sec. 10.207 HEARINGS ON
TOWING AND IMPOUNDMENT
(a) After a vehicle has
been towed/impounded pursuant to this Ordinance, the registered owner(s)
and any other person(s) who reasonably appear to have an interest
in the vehicle are entitled to a hearing to contest the validity of
the towing/impoundment of the vehicle in accordance with State law.
(b) Requests for Hearings on Towing/Impoundment must conform to the
requirements set out in the Texas Transportation Code, Chapter 685,
as hereafter amended.
Part 2:
The City Manager shall cause appropriate signs to be erected at such
locations as the City deems necessary to make this change related
to towing vehicles parked in violation of the City's parking ordinances,
known to the public.
Part 3:
The City Manager and City Secretary are hereby authorized and directed
to make necessary changes to all records of the City of Bastrop to
reflect this amendment to the Code.
Part 4:
Should any section, clause or provision of this Ordinance
be declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of this Ordinance or any other
ordinance of the City as a whole or any part thereof, other than the
part so declared to be invalid. Further, it is the intent of the City
that all parts of this Ordinance be interpreted to be in full conformance
with the State Transportation Code.
Part 5: This Ordinance becomes effective in
accordance with the terms and provisions of the City Charter and State
law.
READ and Acknowledged on First Reading on the 24th day of June 2003.
READ and Adopted on Second Reading on the 8th day of July 2003.
APPROVED:
Tom Scott, Mayor
