OR 96-746 Designate impoundment facility; abandoned vehicles AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 96746
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 4,
ARTICLE 4-3 TO PROVIDE FOR THE DESIGNATION OF A CITY
IMPOUNDMENT FACILITY; TO PROVIDE FOR THE REMOVAL AND
DISPOSAL OF ABANDONED VEHICLES; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE, EXCEPT WHERE STATE LAW HAS FIXED A DIFFERENT
PENALTY, IN WHICH EVENT, THE PENALTY SHALL BE THAT
ESTABLISHED BY STATE LAW; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and the
same is hereby amended by amending Chapter 4, A~ticle 4-3, in part, to read as follows:
"ARTICLE 4 - 3 ABANDONED MOTOR VEHICLES
Sec. 4-3-1 DEFINITIONS
Abandoned Motor Vehicle means a motor vehicle that:
1. is inoperable, is more than 5 years old and has been left unattended
on public property for more than 48 hours;
2. has remained illegally on public property for more than 48 hours;
3. has remained on private property without consent of the owner or
person in charge of the property for more than 48 hours; or
4. has been left unattended on the right-of-way of a designated county,
state or federal highway for more than 48 hours or on turnpike project
constructed and maintained by the Texas Turnpike Authority for more
than 12 hours.
Garagekeeper means a owner or operator of a storage facility.
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Motor Vehicle means a vehicle that is subject to registration under Chapter
501 of the Texas Transportation Code, as amended.
Motor Vehicle Demolisher means a person in the business of:
1. converting motor vehicles into process scrap or scrap metal; or
2. wrecking or dismantling motor vehicles.
Outboard Motor means an outboard motor subject to registration under
Chapter 31 of the Texas Parks & Wildlife Code, as amended.
Storage Facility includes a garage, parking lot, or establishment for the
servicing, repairing, or parking of motor vehicles.
Watercraft means a vessel subject to registration under Chapter 31 of the
Texas Parks & Wildlife Code, as amended.
Sec. 4-3-2 IMPOUNDMENT AUTHORIZED
The Police Department is authorized to take into custody an abandoned
motor vehicle, watercraft or outboard motor found on public or private
property. The Chief of Police may use Police Department personnel,
equipment, and facilities or contract for other personnel, equipment and
facilities to remove, preserve and store an abandoned motor vehicle,
watercraft or outboard motor taken into custody by the Police Department
under this Article.
Sec. 4-3-3 NOTICE
A. The Police Department shall send notice of abandonment to:
1. the last known registered owner of each motor vehicle,
watercraft or outboard motor taken into custody by the Police
Department or for which a report is received from a
garagekeeper under § 683.031 of the Texas Transportation
Code, as amended; and
2. each lienholder recorded under Chapter 501 of the Texas
Transportation Code for the motor vehicle or under Chapter 31
of the Texas Parks & Wildlife Code, for watercraft or outboard
motor.
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B. The notice under Subsection (A) must:
1. be sent by certified mail not later than the 10th day after the
date the Police Department:
a. takes the abandoned motor vehicle, watercraft or
outboard motor into custody; or
b. receives the report from the garagekeeper under §
683.031 of the Texas Transportation Code, as amended.
2. specify the year, make, model and identification number of the
items;
3. give the location of the facility where the item is being held;
4. inform the owner and lienholder of the right to reclaim the
item not later than the 20th day after the date of the notice on
payment of:
a. towing, preservation and storage charges; or
b. garagekeeper's charges and fees under § 683.032 of the
Texas Transportation Code, as amended.
5. state that failure of the owner or lienholder to claim the item
during the period specified by Subdivision (4) is:
a. a waiver by that person of all right, title and interest in
the item; and
b. consent to the sale of the item at a public auction.
C. Notice by publication in one newspaper of general circulation in the
area where the motor vehicle, watercraft or outboard motor was
abandoned is sufficient notice under this section if:
1. the identity of the last registered owner cannot be determined;
2. the registration has no address for the owner; or
3. the determination with reasonable certainty of the identity and
address of all lienholders is impossible.
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D. Notice by publication:
1. must be published in the same period that is required by
Subsection (B) for notice by certified mail and contain all the
information required by that Subsection; and
2. may contain a list of more than one abandoned motor vehicle,
watercraft or outboard motor.
Sec. 4-3-4 STORAGE FEES
The Police Department or the agent of the Police Department that takes into
custody an abandoned motor vehicle, watercraft or outboard motor is entitled
to reasonable storage fees approved by the City:
1. for not more than 10 days, beginning on the day the item is taken into
custody and ending on the day the required notice is mailed; and
2. beginning on the day after the day the Police Department mails notice
and ending on the day accrued charges are paid and the motor vehicle,
watercraft or outboard motor is removed.
Sec. 4-3-5 AUCTION; USE OF ABANDONED ITEMS
A. If an abandoned motor vehicle, watercraft or outboard motor is not
claimed:
1. the owner or lienholder:
a. waives all rights and interest in the item; and
b. consents to the sale of the item by public auction; and
2. the Police Department may sell the item at a public auction or
use the item as provided by Section 4-3-7.
B. Proper notice of the auction shall be given. A garagekeeper who has
a garagekeeper's llen shall be notified of the time and place of the
auction.
C. The purchaser of a motor vehicle, watercraft or outboard motor:
1. takes title free and clear of all liens and claims of ownership;
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2. shall receive a sale's receipt from the Police Department; and
3. is entitled to register the motor vehicle, watercraft or outboard
motor and receive a certificate of title.
Sec. 4-3-6 AUCTION PROCEEDS
A. The Police Department is entitled to reimbursement from the proceeds
of the sale of an abandoned motor vehicle, watercraft or outboard
motor for:
1. the cost of the auction;
2. towing, preservation and storage fees resulting from the taking
into custody; and
3. the cost of notice or publication.
B. After deducting the reimbursement allowed under Subsection (A), the
proceeds of sale shall be held for 90 days for the owner or lienholder
of the vehicle.
C. After the period provided by Subsection (B), proceeds unclaimed by
the owner or lienholder shall be deposited in an account that may be
used for the payment of auction, towing, preservation, storage and
notice and publication fees resulting from taking other motor vehicles,
watercraft or outboard motors into custody if the proceeds from the
sale of the other items are insufficient to meet those fees.
D. The Police Department may transfer funds in excess of $1,000 from the
account to the City's general revenue fund account to be used by the
Police Department.
Sec. 4-3-7 POLICE USE OF ABANDONED MOTOR VEHICLES
A. The Police Department that takes an abandoned motor vehicle into
custody that is not claimed may use the vehicle for Police Department
purposes.
B. The Police Department shall auction the vehicle as provided by this
Article if the Police Department discontinues use of the vehicle.
C. This Section does not apply to an abandoned vehicle on which there
is a garagekeeper's lien.
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Sec. 4-3-8 VEHICLE ABANDONED IN STORAGE FACILITY
A. A motor vehicle is abandoned if the vehicle is left in a storage facility
operated for commercial purposes after the 10th day after the date on
which:
1. the garagekeeper gives notice by registered or certified mail,
return receipt requested, to the last known registered owner of
the vehicle and to each lienholder of record of the vehicle
under Chapter 501 of the Texas Transportation Code, as
amended, to remove the vehicle;
2. a contract for the vehicle to remain on the premises of the
facility expires; or
3. the vehicle is left in the facility, if the vehicle is left by a person
other than the registered owner or person authorized to have
possession of the vehicle under a contract of use, service,
storage or repair.
B. If notice sent under Subsection (A)(1) is return unclaimed by the Post
Office, substituted notice is sufficient if published in one newspaper of
general circulation in the area where the vehicle is left.
C. The garagekeeper shall report the abandonment of the motor vehicle
to the Police Department and shall pay a $5.00 fee to be used by the
Police Department for the cost of the notice required by this Article
or other cost incurred in disposing of the vehicle.
E. A garagekeeper who acquires custody of a motor vehicle for purposes
other than repair is entitled to towing, preservation, and notification
charges and reasonable storage fees, in addition to storage fees earned
under a contract, for each day:
1. not to exceed five days, until the notice described in Subsection
(A) is mailed; and
2. after notice is mailed, until the vehicle is removed and all
accrued charges are paid.
F. A garagekeeper who fails to report an abandoned motor vehicle to the
Police Department within 48 hours after it has been abandoned may
not claim reimbursement for storage of the vehicle.
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G. This Section does not impair any lien that a garagekeeper has on a
vehicle except for the termination or limitation of claim for storage for
the failure to report the vehicle to the Police Department.
H. A person commits an offense if the person charges a storage fee for a
period for which the fee is not authorized. An offense under this
Subsection is a misdemeanor punishable by a fine of not less than
$200.00 or more than $1,000.00.
I. The Police Department shall take into custody an abandoned vehicle
left in a storage facility that has not been claimed and dispose of the
vehicle according to State law.
J. The Police Department may use the vehicle as authorized by Section
4-3-7 or sell the vehicle at auction. If a vehicle is sold, the proceeds
of the sale shall first be applied to garagekeeper's charges for service,
storage and repair of the vehicle.
K. As compensation for expenses incurred in taking the vehicle into
custody and selling it, the Police Department shall retain:
1. two percent (2%) of the gross proceeds of the sale of the
vehicle; or
2. all the proceeds if the gross proceeds of sale are less than
$10.00.
L. Surplus proceeds shall be distributed as provided by Section 4-3-6.
Sec. 4-3-9 DISPOSAL OF VEHICLE TO DEMOLISHER
The Police Department is authorized to apply to the Texas Department of
Transportation for authority to sell, give away or dispose of a motor vehicle
to a motor vehicle demolisher in accordance with Chapter 683 of the Texas
Transportation Code, as amended.
Sec. 4-3-10 DESIGNATION OF CITY IMPOUNDMENT FACILITY
The City shall designate one or more vehicle storage facilities as the official
Police Department impoundment facility and compensate such facility
pursuant to a separate contract. The Chief of Police is authorized to contract
with one or more licensed wrecker services to tow and remove abandoned
vehicles or vehicles impounded."
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SECTION 2. That all ordinances and provisions of the Code of Ordinances of the
City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or portion of this
ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance, or of the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 5. That any person, firm, or corporation violating any of the provisions of
this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas,
shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each
offense, except where State law has fixed a different penalty, in which event, the penalty
shall be that established by State law; and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall become effective immediately from and after
its passage and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the .7 9 27
day of /....c~c Lcc c~ k~ , 1996.
' 'l APPROVED:
TOM MORTON, ~YOR
A~EST:
EIN~ G~U, CI~'SECRET~Y
APPROVED AS TO FORM:
'FETER~/~/~G.~Y ATTORNEY
(PGS/ct 1/25/96)
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