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OR 123 Establishes a City police vehical & property pound AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 123 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING A CITY POLICE VEHICLE AND PROPERTY POUND AND PRO- VIDING FOR THE FOLLOWING: APPOINTMENT OF A VEHICLE POUND MASTER, OPERATING PROCEDURES FOR THE POUND, TOWING AND STORAGE FEES FOR MOTOR VEHICLES; COPENSATION FOR POUND MASTER, IMPOUND- MENT OF VEHICLES AND OTHER PROPERTY, LIABILITY INSURANCE OR BOND FOR WRECKERS, AND FOR POUND MASTER'S VEHICLES, RELEASE OF IMPOUNDED VEHICLES, LIEN IN FAVOR OF CITY FOR TOWAGE AND STORAGE CHARGES AND COSTS; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) 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 ~ ~),/~'~t/ ~, D'k ~ /~/ ~ d 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. He 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 Vehicle Pound Master. SECTION 2. OPEI~TING PROCEDURE. In the event the Chief of Police, or any authorized Officer acting under his direction, wishes to place within the above-mentioned pound, any vehicle or other item of personal property , including personal property found within impounded cars and other vehicles taken up under the provisions of this ~rdinance, 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 Depart- ment which shall describe the property being impounded. In the case of a vehicle, all personal peoperty found in such vehicle shall be inventoried and described in such order. Said written order shall to be executed in duplicate by the officer ordering the impoundment, with one copy of said order being retained by the Police Department and the second copy being 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 disposition 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 $ 27.50 , 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 $ 1.00_ per day, or any part thereof, accruing against any motor vehicle stored at said Vehicle Pound. The Pound Master, with the consent of the Chief of Police, shall ha~e the authority to waive such charges. SECTION 4. COMPENSATION OF POUND MASTER. For every motor vehicle towed to said Police Pound by the Pound Master, the said Pound Master shall receive a fee of $ 25.00 . Provided no fee shall be due the Pound master where he has waived the charges as mentioned above. For each vehicle stored at said Police Pound, the Pound Master shall receive a fee of $ 1.00 per day, or any frac- tional part thereof, except where such storage fee has been waived by him. Provided, however, should any such vehicle be sold by the City under any ordinance authorizing the sale of such 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. IMPOUNDMENT OF ABANDONED & DISABLED VEHICLES AND IMPOUNDMENT FOR EVIDENCE, INSPECTION OR PUBLIC SAFETY. The Police Department may impound Abandoned [4otor Vehicles, as that term is hereinafter described, and may 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 occupants, owners or 'injured persons last in charge thereof before such wreck or coll- ision are physically unable to drive the motor vehicle, and it shall then be towed by the Police to the City Vehicle Pound where is shall be kept until released or otherwise disposed of in accordance with this or any other ordinance of the City or State law. The Police Department may also direct the Pound Master to tow such wrecked vehicle to any 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 releas- ing the car, the sum of $ 27.50 for such towage and any storage which may have accrued at the rate of $ 1.00 per day, for which a receipt shall be given and such money shall be deposited by the Pound Master with the City Clerk on the next regular working day. In the event the place designated is outside the City limits, Such vehicle may be towed to such location by the Pound Master who will collect the basic charge of $ 27.50 plus ~d~ per mile traveled outside the the Corporate Limits of the City. Provided, however, if any such vehicle is released by the investigating officer, the owner or person in charge may make his own private arrangement for removal. In this regard the officer shall allow the party to make his own arrangement for towage, if requested, and if the officer is not required to remove the vehicle for safety reasons and does not need to hold the vehicle for evidence, inspection or investigation. SECTION 6. RELEASE OF IMPOUNDED VEHICLES Subject to the right of the Police Department 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: A. 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; 2. The Certificate of Title with the lien appearing thereon; B. 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 7. RELEASE ORDER. When all fees and charges have been paid and such vehicle or other property is not being held for investigation or 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, and shall obtain from such person a signed re- ceipt describing the vehicle and/or other property so released. SECTION 8. 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 9. ABANDONED MOTOR VEHICLE DEFINED. In addition to the definition of the term "Abandoned Motor Vehicle", as set out in Article 1436-3, V.A.C.S., below, such term, for the purpose of this ordinance, shall also mean any motor vehicle, which was not an abandoned motor vehicle at the time it was impounded, which is no longer held by the Police Department for investigation or evidence and which has remained unclaimed in the City Vehicle Pound for a period of 10 days from the time it was impounded, or, in case of a vehicle held by the police for investigation or as evidence, 10 days from the date such property is released from such hold. Such vehicle may be declared an Abandoned Motor Vehicle any time after such 10 day period and disposed of in the same manner as hereinafter provided for the disposal of vehicles which are considered Abandoned Motor Vehicles before impoundment under the provisions of the following State Statute, Art. 1436-3. SECTION 10. PROCEDURE FOR DISPOSAL OF ABANDONED MOTOR VEHICLES. Vehicles which become Abandoned Motor Vehicles after impoundment and vehicles which are Abandoned Motor Vehicles prior to impoundment shall be disposed of in the same manner, to wit: In compliance with the procedure set out for disposal of vehicles which are considered Abandoned before impoundment, in the follow- ing State Statute, Article 1436-3, V.A.C.S.. Provided, however, the time for the first notification set out in Section 4. (a) shall not start to run until such motor vehicle is declared an Abandoned Motor Vehicle by the act of posting in the mail such registered or certified notice or publication of such notice required by Section 4 (b): Art. 1436-3. Abandoned Motor Vehicle Act Short litle "Section 1. This Article shall bc cited as thc 'Texas Abandoned 5Iotor Vehicle Act.' Definitions "Sec. 2, As used in fhis Article: "(1) 'Police department' means thc Texas Department of Public Safe- fy, the police department of any city, town, or municipality, acting under the gcneral police power authority as vested in such department by /ts respective governing body, or the sheriff of any county. "(2) 'Abandoned motor vehicle' means a motor vehicle that is inoper- able and over eight years old and is left unattended on i~uDlic [n'opcrty for more than 48 hours, or a ~notor vehicle that l~as ren~fineti i!h:gaily on public property for a period of more than 48 hours, or a ,'notor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 43 ho'ars, or a mu'~or vehicle left unattended on the rights-of-way of any designated county, state or federal highway within this state in excess of 48 hours m' in excess of 12 hotlrs on any tur,~piko proioct ean~tructed and maintained by tile Texas Turnpike Authority. "(3) 'Demolisher' means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles. "(4) 'Garagckecpcr' shall mean any owner or operator of a parking place or establishment, motor vehicle storage facility, or any establish- ment for the servicing, repair, or maintenance of motor vehicles. "(5) 'Junked vehicle' means any motor vehicle as defined in Section 1 of Article 827a, Vernon's Texas Penal Code, as amended, which is in- operative and which docs not have lawfully affixed thereto both an un- expired license plate or plates and a valid motor vehicle safety inspection certificate and which is wrecked; dismantled; partially dismantled; or' digcardml *'(6) 'Storage Facility' means a garage, parking lof, or any type of facility or establishment for the servicing, repairing, storing, or parkiug of motor vehicles. "(7) 'hIotor Vehicle' mcans any ~notor vehicle subject to registration pursuant to thc To×as Ccrtifieate of Title Act. ~'(8) 'Andque ;tuto' meun.; p:tasen~'cr cars or trucks that were ~nanu- featured in 1~)25 or before, ur v'b~ch he, rome 35 or mm'c years old. "(9) 'Special iatercst eob(cie' ~ceuns a motor vehicle of any age which has not bccn altercd or modified from oristin:~! n~unut'acturcr's specifica- tions and, because of its historic iutercst, is bcin~ l~re~crvcd by hobbyists. "(10) 'Collector' means the o~;'nm' of o~e or ~norc untiqnc or special latin'est vehicles who eollcct~, pu~'cha~cs, ~:cquiccs~, trades, or disl~oses of special interest or u~tiquc vehicles m' parts of ihcm for his own use in order to restore, prc~,crve, and maintain an antique or special interest vehicle for historic interest. Authority to take l)OSS~Sion of abandon~ lnotor vehicles "Sec. 3. A police department may take into custody any abandoned motor vehicle found on public or !)rivate property. In such connection, a police department may employ its own personnel, equipment, and facili- ties or hire persons, equipment, and facilities for the purpose of removing, preserving, and stet(ua abandoned motor vehicles. Notification of owner and lien lloltlers "Sec. 4. (a) A police department which takes into custody an aban- doned motor vehicle sh~tll notify within 10 days thereof, by rcgis;ered or certified mail, return receipt requcstcd, the last known re;ristcred owner of the motor vehicle and alt lien holders of record pursuant ~o the Certificate of Title Act, as amended /Article 1436~1, ¥crnon's 't'exas Penal Cede), that the vehicle has been taken into custody. The notice shall describe the year, make. model, and vehicle idcntification nuanber of t;:o aban- doned motor vehicle, set fro'th the location of the fac(Iii:: -::berc t~e n~otor vehicle is being held, inform the owner and any lb.n holders e,~ their righ~ to reclaim the motor vehicle within 20 days after ~he date of the notice upon payment of all towi~)~, preservation, and stora;:e charges resulting fron~ placin~ the vehicle in custody, or ~ara~ekecpcrs charges if notice is pursuant to the provisions of Section 6 of this Article dealing with garagekec?ers and abandoned vehicles. Further, the said notice shall state that the failure of the owner or lien holdcr~ to c>:erci~e their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all iien holders of all right, the vehicle and their consent to the sale of the abaudoncd motor vehicle at a public auction. "(b) If the identity of the last re~istercd owner cannot be detcrndned, or if tbe registration contains no address far the owne~'; or ii' pdssible to determine with reasonable ccrtaiaty t}m idcniily and addresses of all lien holders, notice by one publication in one ne;t'spapcr cf general circulation in the area where the motor vehicic was a~)andoned shall be sufficient to meet all requirements of notice pursuant to this ;~rticle. Such notice by publication can contain multiple lis*in~s of abandoned vehicles. Any such notice shall he ;~'ithin t~e time requirements pre- scribed for notice by registered or certified mail and shall have the same contents required for a notice by regi~;~cd or certified mai(. "(c) The consequences and effect of failure to reclaim an abandoned motor vehicle shall be as set forth in a valid notice given pursuant to this section. Auction of ab~don~ motor ve~cles "See. 5. If an abandoned ~,otor vehicle has not been reclaimed as provided for in Section 4 of this Article, the police department shall sell the abandoned motor vehicle at a public atlction. Proper notice of thc public auction shall be given, and in the case of a garagekccpers lien, the garagekecper shall be notified of the time and place of such auction. The purchaser of thc motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall reccivca sales receipt from the police department and shall be entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle the police department shall reimburse itself for thc ext~enscs of thc auctiou, the costs of towing, pre- serving, aud storing thc vehicle which resulted from placing the aban- doned motor vehicle in custody, and all notice and puk~lication costs in- curred pursuant to Section 4 of this Article. Any remainder from the proceeds of a sale shall be bchl for the owner of the vehicle or entitled lien holder for 90 days, and then shall be deposited in a special fund wi~ich shall remain available for thc payment of auction, towing, preserving, storage, and all notice and publication costs which result frown placin.a other abandoned vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to nlcet these expenses and costs. Garagekeepers and abandoned motor veldcles "Sec. 6. Any motor vehicle left for more than 10 days in a storage facility operated fei' commercial purposes after notice by registered or certified mail, return receipt requested, to thc owner to pick up tile ve- hicle (if such notice is returned by thc post office uoclaimcd, notice by one publication in one newspaper of general circulation in the arcs where the vehicle was left in such s~orage facility shall constitute notification), or for more than 10 days after thc period whco, pursuant to contract, thc vehicle xvas to remain on thc premises of such stora2, c facility, and any motor vehicle left for more than 10 days in such storage facility by some- one other than thc registered owner or left by a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair, sha)l be deemed an abandoned vehicle, and shall be reported by the garagekccper to thc police (lcpartment. Any gara~ekeeper who fails to report the possession of such a vehicle within 10 days after it becomes abandoned within thc meaning of this sectiou shall no longer have any claim for sim'age of the vehicle. Thc police depurtment, upon receipt of a report from a garagekcepcr of the possession of a w, hiclc deemed aban- doned under the provisions of this section shall follow the notification procedures set forth in Scctiou 4 of this Article, except that custody of the vehicle shall remain with the garagekeeper until after the notification requirements have been complied with. A fcc of $2 shall accompany the report of thc garagekcepcr to the police department. Thc $2 fee shall be retained by thc police department receiving thc report and used to defray the cost of notification or otimr cost incurred in the disposition of aban- doned motor vehicles, and where the Texas Deportment of Public Safety is the 'police department' this fee shall be deposited in the state treasury and shall be used to defray thc cost of administering this Act. All aban- doned vehicles left iu storage facilities which are not reclaimed after such notice in accordance with procedures sc( forth in Section 4 of this Article shall be taken into custody by thc police department and sold in accord- ancc with the proc~durc set forth ia Scctioa 5 of this Article. Thc pro- coeds of a sale under the provisions of this Section shall fir~;t be al)plied to the garagckeeper's char~cs for servicln~z, stors;.~c and repair; provided, however, that as compensalion for the cxpen.~c incurred by thc police de- partment in placing the vehiclo in custody and the expense of auction thc police department shall re, lain an amount of two percent of the gross pro- coeds of thc sale of each vehicle auclioued, hut in case such percent of the gross proceeds shall be less than .~10, the department shall retain the sum of $10 to defray expenses o£ custody and auction. Further, it is · provided that when thc Texas Departmeut of Public Safety conducts the auction, the aforementioned compensation shall he deposited in the State Treasury and shall be used to defray the expense incurred. Any surplus proceeds remaini~ff from such auction shall be distributed in accordance with Sectim~ 5 of this Article. Except for the termination of claim for storaFe for failure to report an abandoned motor vehicle, nothing in this section shall he construed to impair any lien of a garage- keeper under the laws of this State. Disposal to demolishers "Sec. 7. (a) Any persou, firm, curriers(ion, or unit of government un- on whose property or in whose possession is found any abandoned motor vehicle, or any person being thc owner of a motor vehicle whose title cer- tificate is faulty, lost, or destroyed, may apply to thc Texas Highway De- partment for authority to sell, give away, or dispose of tile vehicle to a demolisher, provided, however, that no*.hing in this section shall in auy way be construed as being in conflict with thc provisions of Scztions 10 and 11 of this Act. All such applications, exccpt those submitted by units of government, shall be accompanied by a fcc of $2 which shall be dc- posited iu the State lIighway I.kmd. "(b) The application slmll sc( out thc name and address of the appli- cant, the year, make; model, and vehicle identification number of thc (or vehicle, if ascertainable, to~cthcr with any other identifying features, and shall contain a concise si~atcmcnt of thc facts surrounding thc abun- donmeat, or that the title of the nm(or vehicle is lost or destroyed, m' the reasons for thc defect of ti(loin thc owner. Thc applicant shall execute an affidavit stating that thc facts alleged therein are true and that no material fact has been withhckl. "(c) If the Texas llighway Department finds that the application is executed in proper form, and shows that thc mulet vehicle has been aban- doned upon the property of thc app]icunt or if it shows that the motor hiclc is not abandoned but tl~:{t thc applicant appears to bc the rightful owner, thc Texas Highway Department shall follow the notification pro- cedures set forth in Seciion 4 of this Article. "(d) If any such abundoned motor vehicle is not reclaimed in accord- ance w/th Section 4, tile Texas Highway Department, upon notification of such fact by the ~pplicant, shall issue the applicant a certificate of au- thority to sell the motor vehicle to any demolisher for demolition, wreck- lng or dismautling. The demolisher shall acce[~t such certificate in )ic~ of the certificate of title (o the motor ~,ehicle. "(el The Texas Ifighway 1)cpartment may i~sue the applicant a cer- tificate of authm'ity to dispose of such motor veificle to a demolisher without following the notificatiou procedures of Section 4 of this Act if tho motor vehicle is over 8 years old and has no engine or is otherwise totally inoperahle. "(fl NotwithstandinF, any other provision of this Act, any person, firm, corporation, or unit of govcrument in possession of an abandoned vehicle which was authorized to be towed in by a police deportment and which is over eight years old and }las no engine or is otherwise totally inoperable, may, upon aft'idavit of such fact and approwtl of the police departmcnt, apply to the Tc:.:us l{i~,~hway Department for a certificate of authority to dispose of such vehicle to a demolisher for demolition, wreck- ing or dismantling only. "(gl The Tcxas Highway Department is hereby authorized to adopt such rules and regulations and prescribe such forms as may be necessary to carry out the provisions of this section. Duties of demolishers "Sec. 8. (al Any demolisher who purchases or otherwise acquires a motor vehicle for purposes of wrecking, dismuntling, or demolition shall not be required to obtain a certificate of title for such motor vehiclc in his own name, After the motor vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, thc demolisher shall surrender for cancellation the certificate of title or authority. The Texas Highway Department shall issue such forms, rules, dud regulations governing thc surrender of auction sales receipts and certificates of title as are appropriate. The Certificate of Title Act, as amended (Articles 1436--1 and 1436--2, Vcrnon's Texas Penal Code), shall govern the can- cellation of title of the motor vehicle. "(b) Thc demolishcr shall keep an accurate and complete record of all motor vehicles purchased or received by him in ti:c course of his business. These records shah coutain the uame and address of the person from whom each such motor vehicle was purchased or received and the date when such purchases or receipts occurred. Such records shall be open for inspect/on by the Texus Highway Departmcut or any police depart- meet at any time during normal husiuess hours. Any record required by this section shall be kept by the demolisher for at least one year after the transactiou to which it applies. Any demolisher f~filing to comply with the provisions of this subsection shall be deemed guiI[y of a misdemeanor, and upo~ conviction shall bc subject to a fine of not less than $100 nor more than $1,000, or confiuement in thc county jail not less than 10 days nor more than six months, or by both such fine and confinement. SECTION 11. INSURANCE OR BOND REQUIRED FOR TOWING VEttICLES. The Police Department or the Pound Master shall be 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 Department. No private wrecker can be ap- proved 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 - $ /~!D~,~ ; Death or injury to two or more persons in any one accident - $~ ,, ~ ; Property 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 or the Pound Master will call upon approved private wreckers to remove wrecks, when needed, according to availability. 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 12. REPEALING CLAUSE: Ail ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby repealed. However, the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be insti- tuted and causes presently pending proceeded with in all respects, as if such prior ordinance or ordinances had not been repealed. SECTION 13. SEVERABILITY CLAUSE: If any article, paragraph or subdivision, ciause, phrase 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 14. PENALTY CLAUSE: Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misde- meanor and, upon conviction, shall be fined not to exceed the sum of Two Hundred Dollars ($200.00) for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 15. E~RGENCY CI~AUSE: The fact that the present City regulations are inade- quate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordi- nance shall take effect immediately from and after the publica- tion of its caption as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this ~ day of ~~ , 19~. APPROVED: MAYOR ATTEST: ~ITY SECRETARY APPROVED AS TO FOR~4: