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OR 209 City Police Pound AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 209 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DEFINING THE TERMS "ABANDONED MOTOR VEHICLE" AND "MOTOR VEHICLE;" ESTABLISHING A CITY POLICE VEHICLE AND PROPERTY POUND; PROVIDING FOR THE APPOINTMENT OF A POUND MASTER; ESTABLISHING OPERATING PROCEDURES FOR THE POUND; ESTABLISHING TOWING AND STORAGE FEES FOR, IMPOUNDED VEHICLES; PRO- VIDING FOR COMPENSATION TO THE POUND MASTER; AUTHORIZING THE USE OF PRIVATE TOWING VEHICLES; REQUIRING MINIMUM INSURANCE COVERACE ON ALL TOWING VEHICLES; AUTHORIZING IMPOUNDMENT OF ABANDONED AND DISABLED VEHICLES AND OTHER PROPERTY FOR EVIDENCE, INSPECTION OR PUBLIC SAFETY; ESTABLISHING PROCEDURE FOR RELEASE OF IMPOUNDED VEHI- CLES AND OTHER PROPERTY; PROVIDING FOR A LIEN IN FAVOR OF THE CITY FOR TOWAGE AND STORAGE CHARGES AND OTHER COSTS; PROVIDING A PRO- CEDURE FOR THE DISPOSAL OF UNCLAIMED IMPOUNDED MOTOR VEHICLES; PROVIDING A REPEALING CLAUSE; SPECIFICALLY REPEALING ORDINANCE NO. 99; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ON COPPELL,, TEXAS: SECTION ]. DEFINITIONS. A. "Abandoned motor vehicle" means a motor vehicle tbst is inoper~h]e and over eight years old and is ]eft unattended on Dub]i. property for more thsn fortv-ei~'.ht hours, o. a motor vehicle that has remained i]]epra]]v on public propertv for a period of more than forty-eight hours, or a motor veh[cle 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 ]eft unattended on the right-of-way of any designated county, state or federal highway within the Citv ~n excess of forty-eight hours or in excess of twelve hours on any turnpike project constructed and maintained by the Texas Turnpike Authority. B. "Motor vehicle" means any motor vehicle subject to registration Pursuant to the Texas Certificate of Title Act. SECTION 2. ESTABLISHI~{ENT OF CITY POLICE POUND. There is hereby created and established an official Citv Police Vehicle and Property Pound to be located on the premises at Joe Dodson's Wrecker Service on Highway 121. This pound is to be used as a place of impoundmeat, in ~ddition to the storage facility within the main office of the police department. Mr. Joe Dudson 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. lze shall bold Such position at the pleasure of the City Counci]~ shall he compensated as set forth in this ordinance, and shall be known as the Vehicle Pound Master. The officer who serves ss the Pound Master under the provisions of this ordinance shah 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. SECTION 3. OPERATING PROCEDURE. In the event the Chief of Police, or any authorized officer acting under his direction, wishes to place within the above mentioned pound, anv vehicle or other item of personal property, including personal VroVertv found within imponnded Vehicles taken up under the provisions of this ordinance, he shall prepare a written order directing the Pound l~aster to transfer such property to the pound for storage until ~isposed of in accordance with law. The Povnd Master shall not pick UD and store anv item of property on behalf of the City police department or the City, except under written order of the police department which sha]] describe the property bein~ impounded. When a vehicle is impounded, all personal property found in such vehicle sha!] be inventoried and described on the order. The written order shall be executed in duplicate by the officer ordering the impoundment with one coVV 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 properhz to be impounded and stored within the main office of the police department. SECTION 4. TOWING AND STOi~.AGE CFIABGES. There shall be a towage charge in the sum of $32.50 accruipg against every motor vet~iele impounded by the police department which is towed to the Police Pound. In addition to the towage charge, there shall be a stora~re charge of $9.00 per day, or any part thereof, accruing against any motor vehicle stored at the vehlele pound. The Pound Master, with the consent of the Chief of Police, shall have authority to waive sneh charges. SECTION 5. COMPENSATION TO THE POUND MASTER. For every motor vehicle towed to the Police Pound hy the Pound Master, said Pound Master shah receive a fee of $30.00. Provided, however, no fee shall be due the Pound Master where he has waived the charges as above mentioned. For each vehicle stored at the Poljee Pound, the Pound Master shall receive a fee of $2.00 per day, or a fractional part thereof, except where such storage fee has been waived by him. Provided, however, should any such vehicle he sold by the City under say ordinance authorizing the sale of such vehicles, then, in sneh event, the maximum compensation received by the Pound Master shall not exceed the Dr{ca such vehicle brings at the sale. The police department or the Pound Master may call upon other approved private wrecker services to remove wrecks when Such services are needed. Any spproved private wreeker 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. SECTION 6. IMPOUNDMENT OF ABANDONED AND DISABLED VEHICLES AND IMPOUNDMENT FOR EVIDENCE, INSPECTION OR PUBLIC SAFETY. The police department may impound "abandoned motor vehicles," as that term is herein defined, and may impound for the purpose of inspection, evidence and public safety, any motor vehicle demolished or disabled or involved in s wreck or collision on the streets of the City ,^~bieh i~ iraable to pnoeeed safely under its own Dower or when the occupants, owners or injured persons last in charge thereof are physically unable to drive the motor vehiMe and it shall he towed by the police to the city Vehicle Pound where it shall be kept until the released or otherwise disposed of in accordance with this or any other ordinance of the City or state law. The Do]ice department may also direct the Pound Master to tow such wrecked vehicle to place within the City designated 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 ear, the sum of $32.50 for such towage and any storage charges which may have accrued at the rate of $2.00 per day, for which a receipt shall be given and such money shall be deposited by the Pound Master with the Citv Clerk on or before tt~e next regular working day. In the event the D]ace designated is outside the City limits, the vehicle may be towed to such location by the Pound Master, who will collect the basic charge of $32.50, Dlus $1.00 Per mile for each mile travelled outside the corporate limits of the City. SECTION 7. ADDITIONAl, CHARGE FOR DOLLY AND TURNOVER. In addition to all other fees berein authorized, the Paired Maste, is authorized to charge an additional sum of $70 in the event towing has to be done on a dolly and an additional $10 charge in the event he is required to use his equipment to turn upright an overturned vehicle. SECTION 8. RELEASE OF IMPOUNDED VEHICLES. Subject to the police department's right to bold property as evidence in any pending criminal case, or during the investigation of any criminal case, any impounded vehicle 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 released to a lien holder, or his authorized a~'ent, balding a valid and existing mortgage lien on the vehlcle impounder], provided the mortgage lien bolder complies with the following conditions: A. Furnish to the police department for its inspection: 1~ the mortgage lien contract or certified copy thereof, specifying ti~at upon default of the mortgagor, the mortgagee is entitled to possession of such vehicle; and ?x the Certificate of Title with the lien appearing thereon. B. Furnish to the police department an affidavit stating that he holds the lien on the vehicle impounded; that the mortgagor has c~efau]ted; that the mortgage lien holder desires possession and is entitled to possession of snch vehicle; and agrees to indemnify and hold harmless the City, its police department and its employees unpon deliverv to him of such vehicle. SECTION 9. RELEASE ORDER. When all fees and charges have been paid and such vehicle or other propertv is not being held for investigatio~ or ss evidence, the Do]ice ~eDsrtment 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 sha]] release the vehicle and/or DroDertv to the designated party, upon obtaining from such person a signed receipt describing the vehicle and/or other property so released. SECTION 10. LIEN. The City shah have a lien on all personal property which has been imponnded by the police department, including motor vehicles, for all costs incurred in impounding, storing and advertising such property, and such lien shah be prior and superior to all other liens of every kind, save and except liens for ad valorera taxes, and the City may retain possession thereof until all costs are paid and may sell the same. SECTION 71. PROCEDURE FOR DISPOSAL OF ABANDONED MOTOR VEHI- CLES. A. Notification of Owner and Lien Holders. When the police department takes into custody an abandoned motor vehicle or when the Do]ice department releases its "hold" on any vehicle held by the Do]ice department for investigation or evidence, it shall notify within ten (10) days thereof, by registered or certified mail, return receipt recUlested, 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 fsellitv where the motor vehicle is being held, inform the owner and anS? 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 the sale of the motor vehicle at public auction. 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 reasopable certainty the identity apd address of all lien holders, notice b7~ one publication iD one newspaper of ge.eral circulation in the area where the motor vehicle was 8bancloned or taken into custody shall be sufficient to meet 81l recluirer~eDts of notice pursuant to th~s ordinance. Such notice by publication can contain multiple listings of such vehicles. Airy such notice shal] 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 tee]aim as rectuired for a notice hv registered or certified mail SECTION 12. AUCTION OF ABANDONED MOTOi~ VEHICLES. If such a motor vehicle has not been reclaimed as provided for in this ordinance, the police department shall sell the motor vehicle at public auction. Notice of such auction shall be given by posting notice on the bulletin board at the Citv I4all at ]esst ten (~0) days prior to such auction and pub]icatlon of notice of such auction in one newspaper of genera] circulation within the City 8t least ten t~lO~ days prior to the date of said auction. Provided, however, the pnb]ished .otice 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 claims of ownership, shall receive a sales receipt from the police 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 Pounr~ 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. Master in his operation of the Pound as an independent contractor for the Citv is hereby authorized to be a bidder at such auction but such right shall not extend to any City employee. From the proceeds of such sale the City shall reimburse itself for the expenses of the auction, costs of towing, preserving, and storin~ the vehicle which resulted from placing such vehicle in custody, and all notice and publication costs inet~rred. Any remainder from the proceeds of such a sale shall be held for the owner of the vehicle or entitled lien holder for ninety (90~ days, and then shall he depositer~ in a sl)eeia] fund which shall remain available for the payment of auction, towing, preserving, storage a~d all notice and publication costs which result from placing other abandoned Vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet these expenses and costs. Bv special resolution of the City Council, such special funds may from time to time be transferred to the City's general fund. SECTION ]3. INSURANCE OR BOND RE~UIiRED FOR TOWING VEI4ICLES. 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 furnishes proof of financial responsibilitv which shall consist of either presentment of a current liability insurance policy or an e~uivalent bond with the following m{nimnm limits: death or injury to one person in any one accident, $100,000.00; death or injury to two or more persons in any one accident, $300,000.00; l)roDertv damage in any one accident, $25,000.00. The Pound Master sha]] also be required to keel) in full force and effect ~ current liability insurance policy in the above mentioned minimum limits. SECTION 14. REPEALING CLAUSE. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Ordinance No. 99 is sl)ecifical]y repealed. However, the repeal of existing ordinances bv this ordinance shall not affect or prevent the prosecution or the punishment of any person for any act c~one or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes present]~ pending proceeded with in a]] respects, as if such prior ordinance nr ordinances had not been repealed. SECTION 15. SEVERABILITY CLAUSE. If any section, part of any section, DaragraDh or clause of this ordinance is declared invali~ or u~coDstitutional for any reason, such declaration shall Dot be held to invalidate or jmDair the validity, force or effect of any other sections, Dart of sections, pars~aphs or clauses of this ordinance. SECTION 16. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed ~i]ty of a misdemeanor and, n~on conviction, sha]] be subject to a fine not to exceed $200.00 for each offense, and each day that such violation continues shah constitute a new and separate offense and shah be punished ~ccordi~gly. SECTION 17. EFFECTIVE DATE. This ordinance shall become effective immediate]~ from and after the pnb]ieatioD of its caption as the law in such cases Drovides. DULY PASSED by the City Conncj] of the Citv of Copoe]], Texas, this the day of ~ ~?.~ ~ , ~ 980. APPROVED: ATTEST: C~~~ APPROVED AS TO FORM: