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OR 88-421 Establishes a police vehicle & property pound AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 88421 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ARTICLE 4-3 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL ESTABLISHING A POLICE VEHICLE AND PROPERTY POUND; ESTABLISHING THE OFFICE OF POUND MASTER; PROVIDING OPERATING PROCEDURES FOR THE VEHICLE POUND; ESTABLISHING TOWING CHARGES AND STORAGE CHARGES FOR IMPOUNDED VEHICLES; PROVIDING FOR COMPENSATION FOR THE POUND MASTER; AUTHORIZING IMPOUNDMENT OF CERTAIN VEHICLES AND PROCEDURE FOR THEIR RELEASE; ESTABLISHING A LIEN ON IMPOUNDED VEHICLES AND PROVIDING A PROCEDURE FOR DISPOSAL AFTER NOTICE TO OWNER AND OTHER LIEN HOLDERS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF FINE NOT TO EXCEED THE SUM OF Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law, and for any offense which is a violation of any provision that governs fire safety, zoning, public health and sanitation, or dumping of refuse as that term is defined by Section 2.09 of the Texas Litter Abatement Act, Article 4477.9a, Vernon's Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. AMENDING ARTICLE 4-3 OF CHAPTER 4 OF THE COPPELL CODE OF ORDINANCES ESTABLISHING A POLICE VEHICLE AND PROPERTY POUND AND ESTABLISHING THE OFFICE OF POUND MASTER VEHICLE POUND AND WRECKER ORDINANCE - Page 1 Article 4-3 "POLICE VEHICLE AND PROPERTY POUND" of Chapter 4 of the Code of Ordinances of the City of Coppell is hereby amended by to read as follows: "ARTICLE 4 - 3 POLICE VEHICLE AND PROPERTY POUND Sec. 4-3-1 DEFINITIONS Abandoned Motor Vehicle means a motor vehicle that is inoperable and left unattended on public property for more than forty-eight hours, or a motor vehicle that has remained illegally on public property for a period of more than forty-eight hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than forty-eight hours, or a motor vehicle left unattended on the street, alley or right-of-way, of any city, county, state or federal roadway within the City in excess of forty-eight hours, or in excess of twelve hours on any turnpike project constructed and maintained by the Texas Turnpike Authority. (Ord.) Motor Vehicle means any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act. (Ord.) Sec. 4-3-2 ESTABLISHMENT OF CITY POLICE POUND AND OFFICE OF POUND MAST E R There is hereby established the office of Police Vehicle Pound Master who shall be appointed by the City Council. There is further hereby established an official City Police Vehicle and Property Pound ("Vehicle Pound") that shall be operated by the Police Vehicle Pound Master on property at a location provided by said Pound Master. He shall operate said Pound under the supervision of the Chief of Police of the City and shall hold such position at the pleasure of the City Council. The Pound Master shall be compensated as set forth in this Article and pursuant to a separate contract with the City. (Ordo) The officer who serves as the Pound Master under the provisions of this Article shall not be considered a peace officer or a City police officer as those terms are defined by the laws of this state and the ordinances of this City. (Ord.) Sec. 4-3-3 OPERATING PROCEDURE In the event the Chief of Police, or any authorized officer acting under his direction, wishes to place within the Vehicle Pound, any vehicle or other item of personal property, including personal property found within impounded vehicles taken up under the provisions of this Article, he shall prepare a written order directing the Pound Master to transfer such property to the Vehicle Pound for storage until disposed of in accordance with law. The Pound Master shall not pick up and store any item of property on behalf of the City Police Department or the City, except VEHICLE POUND AND WRECKER ORDINANCE - Page 2 under written order of the police department which shall describe the property being impounded, When a vehicle is impounded, all personal property found in such vehicle shall be inventoried and described on the order. The written order shall be executed in duplicate by the officer ordering the impoundment with one copy of said order being retained by the police department and a second copy being delivered to the Pound Master. The Chief of Police shall set up a procedure for the proper handling of such property while stored in the pound and for the release or disposition of the 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. (Ord.) Sec. 4-3-4 TOWING AND STORAGE CHARGES The following towage and storage charges shall be assessed by the Vehicle Pound Master against each vehicle impounded by the Coppell Police Department which is towed to the Vehicle Pound: Flat rate charge for towing vehicles one ton and under $37.50 Flat rate charge for regular wrecker towing over one ton $65.00 Flat rate charge for heavy duty wrecker $75.00 Flat rate charge for use of dollies $10.00 Flat rate charge for fender pull $20.00 Flat rate charge for change of flat tires $15.00 Additional hookup to prepare for towing $10.00 Private Pull (to a location authorized by police but selected by owner) Same as above plus $1.00 per mile over 10 miles Storage charge per day or any part thereof: Vehicles up to and including one ton $ 8.00 Vehicles over one ton $15.00 The Pound Master shall have authority to waive all or any part of the towing or storage charges. (Ord.) VEHICLE POUND AND WRECKED ORDINANCE - Page 3 Sec. 4-3-5 COMPENSATION FOR POUND MASTER The Pound Master shall be compensated for his services in towing and storage of impounded vehicles only by retention of all or part of the charges set forth above or retention of all or part of the proceeds of any lien sale of an impounded vehicle, pursuant to a separate contractual agreement between the City and the Pound Master. (Ord.) The police department or the Pound Master may call upon other approved private wrecker services to remove wrecks when such services are needed. The Chief of Police shall maintain a list of such other approved wrecker services that meet the requirements of Section 4-3-13. 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 such removal. (Ord.) B. Furnish to the police department an affidavit stating that he holds the lien on the vehicle impounded; that the mortgagor has defaulted; that the mortgage lien holder 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. (Ord.) See. 4-3-9 RELEASE ORDER When all fees and charges have been paid and such vehicle or other property is not being held for investigation as evidence, the Police Department shall issue to the proper person, as above mentioned, a written order directing the Pound Master to release the vehicle or other property to such person named in the release order. Upon receipt of such order the Pound Master shall release the vehicle and/or property to the designated party, upon obtaining from such person a signed receipt describing the vehicle and/or other property so released. (Ord.) Sec. 4-3-10 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. (Ord.) VEHICLE POUND AND WRECKER ORDINANCE - Page 4 See. 4-3-11 PROCEDURE FOR DISPOSAL OF ABA!iDONED MOTOR VEHICLES A. NOTIFICATION OF OWNER AND LIEN HOLDERS When the Police Department takes into custody an abandoned motor vehicle or when the Police Department releases its "hold" on any vehicle held by the Police Department for investigation or evidence, it 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 lien holders of record pursuant to the Certificate of Title Act, as amended, that the vehicle has been taken into custody. The notice shall describe the year, make, model and vehicle identification number, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lien holders 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. Further, said notice shall state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lien holders of all right, title and interest in the vehicle and their consent to tl~e sale of the motor vehicle at public auction. (Oral.) B. If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner; or, if it is impossible to determine with reasonable certainty the identity and address of all lien holders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned or taken into custody shall be sufficient to meet all requirements of notice pursuant to this Article. Such notice by publication can contain multiple listings of such vehicles. Any such notice shall be within the time requirements prescribed for notice by registered or certified mail, shall have the same contents and state the effect of failure to reclaim as required for a notice by registered or certified mail. (Oral.) See. 4-3-12 AUCTION OF ABANDONED MOTOR VEHICLES If such a motor vehicle has not been reclaimed as provided for in this Article, the Police Department, acting through the Pound Master, shall sell the motor vehicle at public auction. Notice of such auction shall be given by the Pound Master by posting notice on the bulletin board at the City Hall at least ten (10) days prior to such auction and publication of notice of such auction in one newspaper of general circulation within the City at least ten (10) days prior to the date of said auction. Provided; however, the published notice need not identify each vehicle separately except by reference to the posted notice. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the Police VEHICLE POUND AND WRECKER ORDINANCE - Page 5 Department; and, shall be entitled to register the purchased vehicle and receive a Certificate of Title as is authorized by Article 6687-9, Vernon's Annotated Civil Statutes. The Pound Master in his operation of the Pound as an independent contractor for the City is hereby authorized to be a bidder at such auction but such right shall not extend to any City employee. (Ord.) From the proceeds of such sale the Pound Master shall reimburse himself for the expenses or the auction, costs of towing, preserving, and storing the vehicle which resulted from the impoundmant of such vehicle, and all notice and publication costs incurred. Any remainder from the proceeds of such a sale shall be delivered to the City and held for the owner of the vehicle or entitled lien holder for ninety (90) days; and, thereafter, the City Council may, from time to time transfer such funds to the City's General Fund. (Ord.) Sec. 4-3-13 INSURANCE OR BOND REQUIRED FOR TOWING VEHICLES The Police Department, or the Pound Master, shall be authorized to call upon private wreckers to handle wrecks. No private wrecker may be called upon to handle or tow a wrecked vehicle, unless such wrecker service is first approved by the Police Department; and, such approval shall not be given unless the driver or operator thereof furnished proof of financial responsibility which shall consist of either presentment of a current liability insurance policy; or, an equivalent bond with the following minimum limits: death or injury to one person in any one accident, $500,000.00; death, or injury to two or more persons in any one accident, $500,000.00; property damage in any one accident, $25,000.00. (Ord.) The Pound Master shall also be required to keep in full force and effect a current liability insurance policy in the above mentioned limits. (Ord.) SECTION 2. REPEALING CLAUSE All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid 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 so decided to be invalid or unconstitutional. SECTION 4. PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each VEHICLE POUND AND WRECKER ORDINANCE - Page 6 offense, except where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law, and for any offense which is a violation of any provision that governs fire safety, zoning, public health and sanitation, or dumping of refuse as that term is defined by Section 2.09 of the Texas Litter Abatement Act, Article 4477.9a, Vernon's Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. EFFECTIVE DATE This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides. ~ DULY PASSED by the City Council of the City of Coppell, Texas, this the 8th' day of November , 1988. APPROVED; Lou Duggan MAYOR ATTEST: Dorothy Timmons, City Secretary APPROVED AS TO FORM: CITY ATTORNEY CO88-1102 VEHICLE POUND AND WRECKER ORDINANCE - Page 7