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OR 68 Establishes a Police Pound for vehicles & other property AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.68 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING A CITY POLICE POUND AND PROVIDING FOR THE FOLLOW- ING: APPOINTMENT OF POUND MASTER, OPERATING PROCEDURES, TOW- ING AND STORAGE FEES FOR MOTOR VEHICLES; COMPENSATION FOR POUND MASTER, IMPOUNDMENT OF WRECKED VEHICLES AND OTHER PRO- PERTY, IMPOUNDMENT OF ABANDONED VEHICLES AND OTHER PROPERTY, LIABILITY INSURANCE OR BOND FOR WRECKERS, RELEASE OF IMPOUND- ED VEHICLES, LIEN IN FAVOR OF CITY, NOTICE AND SALE OF IMPOUND- ED PROPERTY NOT REDEEMED AND ALSO REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EX- CEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. ESTABLISHMENT OF CITY POLICE POUND. There is hereby created and established an official City Police Vehicle and Property Pound to be located on the pre- mises at This Pound is to be used as a place of impoundment in addition to the storage facility within the main office of the Police Department. Mr. is hereby appointed as the officer in charge of said Pound, and he shall operate said Pound under the supervision of the Chief of Police of the City. That the said shall hold such position at the pleasure of the City Council, shall be compensated as set forth in this Ordinance, and shall be known as The Pound Master. SECTION 2. OPERATING PROCEDURE. Should the Chief of Police or any authorized Police Officer acting under his direction, wish to impound any vehicle or other item of personal property in the above mentioned Pound, he shall prepare a written Order directing said Pound Master to transfer said property to said Pound for storage until disposed of in accordance with law. Said Pound Master shall not pick up and store any item of property on behalf of the Police Department or the City except under said written order of the Police DepartS' merit which shall describe the property being impounded. Said written order is to be executed in triplicate by the officer ordering the impoundment, one copy of said Or- der is to be retained by the officer directing the impoundment, one copy is to be delivered to the Clerk of the City and the third copy to be delivered to the Pound Master. The Chief of Police shall set up a procedure for the proper handling of said property while stored in said Pound and for the release or dis- position of same in accordance with the laws of this State and the Ordinances of the City. The Chief of Police shall also set up similar procedures for any property to be impounded and stored within the main office of the Police Department. SECTION 3. TOWING AND STORAGE FEES. There shall be a towage fee in the sum of $ accruing against every motor vehicle impounded by the Police De- partment which is towed to said Police Pound. In addition to said towage fee there shall be a storage fee of $ per day or any part thereof, accruing against any motor vehicle stored in said Pound. SECTION 4. COMPENSATION OF POUND ~STER. For every motor vehicle towed to said Police Pound by the Pound Master, the said Pound Master shall receive a fee of $ For each motor vehicle stored at said Police Pound, said Pound Master shall receive a fee of $ per day or any fractional part thereof. Provided, however, should any such vehicle be sold by the City under any ordinance authorizing the sale of aban- doned vehicles, then in such event, the maximum compensation which the Pound Master shall receive, shall not exceed the price said vehicle brings at such sale. Provided further that the Pound Master is hereby authorized to be a bidder at any such sale. SECTION 5. DUTY OF THE POLICE DEPARTMENT TO IMPOUND. It shall be the duty of the Police Department to impound for the purpose of inspection, evidence and public safety any motor vehicle demolished or disabled or involved in a wreck or collision on the streets of the city which is unable to proceed safely under its own power or when the oc- cupants, owners or injured persons last in charge thereof be- fore such wreck or collision are physically unable to drive the motor vehicle, and it shall then be towed by the Police to the City Pound where is shall be kept until released or otherwise disposed of in accordance with this Ordinance, or the Police Department shall direct the Pound Master to tow such wrecked motor vehicle to any place within the City de- signated by the owner or occupant in charge of such motor vehicle. For which service, the=Pound Master shall demand and be paid, before releasing the car $ for such towage and any storage which may have accrued in the sum of $ per day or any part thereof, for which a receipt shall be given and which money shall be deposited by the Offi- cer making ~he collection with the City Clerk within twenty- four (24) hours. In the event the place designated is outside the City limits, such motor vehicle shall be towed by the Pound Master to the City Pound, where it shall be kept until released~ The City shall have a lien for the towage and storage fee upon the automobile or vehicle so towed or stored, which lien shall be prior and superior to all other liens of every kind and de- scription, save and except liens for ad valorem taxes, and in the event the owner of such vehicle shall direct that the same be towed to any private garage for repair or storage, or for any other purposes, the owner or operator of such garage or repair shop may pay the fee and thereafter shall be subrogated to all the rights, liens and privileges, together with the remedies of enforcement that the City has by virtue of having a lien upon the automobile or vehicle for such towage and storage charge. In the event the payment of the towage fee is made by the owner or operator of a garage to which the owner has directed the vehicle be towed, the receipt of such towage and storage fee shall show by whom paid and such tow- age and storage fee shall be deemed to have been transferred and assigned to such person making the payment. SECTION 6. INSURANCE OR BOND REQUIRED. The Police Department is authorized to call upon approved private wreckers to handle wrecks. No private wrecker can be called upon to handle or tow a wrecked vehicle by the Police Department unless it first be approved by such Depart- ment. No private wrecker can be approved unless the driver or operator thereof furnishes proof of financial responsibility and such proof shall consist either of presentment of a current liability insurance policy or an equivalent bond with the follow- ing minimum limits: Death or injury to one person in any one accident - $ ; Death or injury to two or more persons in any one accident - $ ; Proterty Damage in any one accident - $ The Pound Master shall also be required to keep in full force and effect a current liability insurance policy in the above mentioned minimum limits. The Police Department will call upon approved pri- vate wreckers to remove wrecks when needed according to avail- ability. Any approved private wrecker may be removed from the approved list by the Chief of Police when in his opinion, it would be in the best interest of the City to make the removal. SECTION 7. IMPOUNDMENT OF ABANDONED VEHICLES AND OTHER PROPERTY. Any vehicle or other property or obstruction placed, left standing, parked, erected or lying, in violation of any Ordinance of the City or in violation of any State Law, or left unattended for more than forty eight (48) continuous hours on any public street, alley, sidewalk, park or other public place in the City, or left unattended within the City on the private property of one other than the owner and the owner of said private property requests that same be removed, is hereby declared to be abandoned property and such property, when so found, shall be removed summarily by any Police Officer of the City and taken to the Police Pound, or such other place of storage as the Chief of Police may designate and kept there until redeemed, sold or disposed of in accordance with this Ordinance. SECTION 8. RELEASE OF IMPOUNDED VEHICLES. Subject to the Police Department's right to hold property as evidence in any pending criminal case, or during the investigation of any criminal case, any impounded item of personal property may be released to the owner thereof upon payment of all towage and storage fees. Also, upon payment of all towage and storage fees, impounded vehicles may be re- leased to a lienholder, or his authorized agent, holding a valid and existing mortgage lien on the vehicle impounded, provided, the mortgage lienholder complies with the following conditions: Furnish to the Police Department, for its inspection. 1. The mortgage lien contract, or certi- fied copy thereof, specifying that upon default of the mortgagor the mortgagee is entitled to possession of such ve- hicle; The Certificate of Title with the lien appearing thereon. Furnish to the Police Department an affidavit stating that he holds the lein on the vehicle impounded; that the mortgagor has defaulted; that the mortgage lienholder desires possession and is entitled to possession of such vehicle; and agrees to indemnify and hold harmless the City, its Police Department and its employees upon delivery to him of such vehicle. SECTION 9. LIEN. The City shall have a lien on all personal property which has been impounded by the Police Department, including motor vehicles, for all costs incurred in impounding, storing and advertising such property and such lien shall be prior and superior to all other liens of every kind, save and except liens for ad valorem taxes, and the City may retain possession thereof until all costs are paid and may sell the same. SECTION 10. SALE OF IMPOUNDED PROPERTY NOT I{EDEEMED. (A) AFTER 90 DAYS: In the event, the true owner or person legally en- titled to possession does not claim any property, except whis- key, wine and beer, but including motor vehicles, deposited with or impounded by the Police Department and the same shall have remained in the custody of the Police Department for as long as ninety (90) days from the time it is impounded without being claimed or reclaimed by the owner, whether known or not, the same shall be disposed of at public sale in accordance with this ordinance. Provided, however, when any item of property is being held by the Police Department as evidence in any pend- ing case the above time limits shall not start to run as of the date of impoundment but shall start to run as of final disposition of said case. (B) PROCEDURE FOR WHISKEY, WINE AND BEER: All whiskey, wine and beer, in the custody of the Police Department, which by the terms of this Ordinance has been deemed abandoned and which shall have remained unclaimed by the owner, whether known or not, for a period of ninety (90) days from the time it is impounded may be destroyed by the Police Department upon order of the Judge of the City Corpora- tion Court. (C) PROCEDURE FOR MOTOR VEHICLES: When any motor vehicle has not been redeemed within thirty (30) days of its impounding, it shall be the duty of the Chief of Police to submit to the Texas Highway Department or similar agency of the proper state , when the vehicle is from another state, all inforvation in his possession con- cerning such vehicle and request that the Department supply him with all information the records of the Department contain on such vehicle. Immediately on receipt of such information from the Department, the Chief of Police shall notify the owner and lienholders, as shown by the~records of the Depart- ment, by registered mail with return receipt requested, that the vehicle has been impounded and of the provisions of this ordinance with regard to redemption and sale of impounded property. In the event a motor vehicle has not been redeemed within fifteen (15) days from the receipt of the return receipt or notice of non-delivery of the registered mail, the Chief of Police may deliver to the City Clerk sufficient information with regard to said vehicle to allow said Clerk to prepare a Notice of Sale of such vehicle to be held not less than ninety (90) days from the date of impoundment. (n) PROCEDURE FOR PROPERTY OTHER THAN MOTOR VEHICLES, WHISEY, WINE AND BEER: When impounded personal property (Except Motor Ve- hicles, Whiskey, Wine and Beer) has been inpounded for at least thirty (30) days without being redeemd the Chief of Police may send a full description of said property to the City Clerk who shall prepare a Notice of Sale to be held not less than ninety (90) days from the date of impoundment. (E) NOTICE OF SALE AND CONDUCT OF SALE: The Notice of Sale shall describe the property, state that the same is unredeemed, state that same will be sold at public auction, designate the place of sale and state a time and date of sale which shall not be less than thirty (30) days from the dateof posting such notice. A copy of the Notice of Sale shall be posted at the Courthouse in Dallas County, Texas, and at any regular entrance to the City Hall. In the case of Motor Vehicles the City Clerk shall send a copy of the Notice of Sale to the Owner and lieholders as shown by the records of the Highway Department by registered mail; in the case of other property a copy of the Notice of Sale shall be sent to the last known address of the owner, if known. The Notice of Sale shall then be published in a newspaper having general circulation within the City once a week for two consecutive weeks, the date of the first publi- cation to be at least fourteen (14) days prior to the date of sale. When the Chief of Police is unable to obtain the names of the owners and lienholders no notice of sale other than the posting and publication as herein prescribed shall be required. Thereafter such property shall be offered for sale at public auction to the highest bidder for each piece of property. The proceeds of the sale provided for in this ordinance shall be deposited in the general fund of the City and all proceeds of such sale shall be a part of the funds and revenues of the City. The City Clerk, or such other person as may be designated by the City Council, shall conduct the sale in accordance with the terms of this act and shall before conducting said sale deter- mine from the records of the City that all Notice requirements provided for herein have been complied with. Prior to the date of the sale, the Chief of Police shall deliver such property to said person who is to conduct the sale and take a receipt from said person showing in detail all the property so delivered. Impounded property which is offered for sale at public auction in accordance with the procedures herein pre- scribed and upon which no person bids shall thereafter be sold or otherwise disposed of as junk. Money received for junk property shall be deposited in the general fund of the City in the same manner as proceeds from the auction sale. SECTION 11. REPEALING CLAUSE: All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are here- by repealed. However, the repeal of existing ordinances by this ordinance shall not effect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance iin violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 12. SEVERABILITY CLAUSE: If any article, paragraph or ~sub-division, clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part sodecided to be invalid or uncon- stitutional. SECTION 13. PENALTY CLAUSE: Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined not to exceed the sum of two hundred ($200.00) dollars for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 14. EMERGENCY CLAUSE: The fact that the present ~City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urgency andan emergency and requires that this Ordinance shall take effect.immediately from and after the publication of its caption as the law in such cases pro- vides. DULY PASSED by the City Council of the City of MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: