OR 99 Establishes a City police vehical and property pound AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 99
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ESTABLISHING A CITY POLICE VEHICLE AND PROPERTY POUND AND PRO-
VIDING FOR TtIE FOLLOWING; APPOINTMENT OF A VEHICLE POUND
MASTER, OPERATING PROCEDURES FOR THE POUND, TOWING AND STORAGE
FEES FOR MOTOR VEHICLES; COMPENSATION 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 ORDINANCE NO. 68 AND ALL
OTHER 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 Joe Dodson's Wrecker Service on HiGh%;ay 121
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. Joe Dodson 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.
(a)
SECTION 2. 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, 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 ordinance,
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, will 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 s~me 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. T~qING 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 feeof $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
shall have the authority to waive such
the ~ief of Police,
charges.
by the Pound Master,
SECTION 4. CO~ENSATION OF POUND MASTER.
For every motor vehicle towed to said Police Pound
the said Pound Master shall receive a fee
(b)
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
waoved by him. Provided, however, should any such vehicle
be soldby 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. I~OUND~NT OF ABANDONED & DISABLED
VEHICLES AND I~OUNDMENT FOR EVIDENCE,
INSPECTION OR PUBLIC SAFETY.
The Police Department may impound Abandoned Motor
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 o°f $27.50 for ~uch 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 or before the 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
~/~ ~ 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 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 tne Police Department, for its
inspection:
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;
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.
(d)
SEC~ION 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,upon obtaining from such person a signed receipt
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 ~ehicle- 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 inv&stigation 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 Vhhicles 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):
Section 1.
Vehicle Act."
Abandoned Motor Vehicle Act
Short Title
This Article shall be cited as the "Texas Abandoned Motor
Definitions
Sec. 2. As used in this Article:
(1) "Police department" means the Texas Department of Public Safe-
ty, the police department of any city, town, or municipality, or the sher-
iff's department in any county.
(2) "Abandoned motor vehicle" means a motor vehicle that is in-
operable and over eight years old and is left unattended on public prop-
erty for more than 48 hours, or a motor vehicle that has remained illegal-
ly on public property for a period of more than 48 hours, or a motor ve-
hicle that has remained on private propcrty without the consent of the
owner or person in control of the property for more than 48 hours.
(3) "Demolisher" means any person whose business is to convert a
mot,,. vehicle into proccs~.d .%c,ap ur sciap metal, or otherwise to wreck
or dismantle motor vehicles.
(4) "Garagekeeper" shall mean any owner or operator of a parking
place or establishment. motor vehicle storage facility, or any establish-
merit for the servicing, repair, or maintenance of motor vehicles.
(5) "Junked vehicle' means any motor vehicle as defined in Section
1 of Article 827a, Vcrnon's Texas Penal Code, as amended, which is in-
operative and which does not have lawfully affixed thereto both an us-
expired license plate or plates and a valid n'mtor vehicle safety inspection
certificate and which is wrecked; dismantled; partially dismantled; or
discarded.
(6) "Storage Facility" means a garage, parking lot, or any type of
facility or establishment for the servicing, repairing, storing, or parking
of motor vehicles.
(7) "SIotot; Vehicle" means say motor vehicle subject to registration
pursuant to the Texas Certificate of Title Act.
Authority to Take Possession of Abandoned Motor Vehicles
Sec. 3. A police department may take into custody any abandoned
motor vehicle found on public or private property. ]n such connection,
a police department may croplay its own personnel, equipment, and facili-
ties or hire persons, equipment, and facilities for the purpose of remov-
ing, preserving, and storing abandoned motor vehicles.
Notification of OwneP and Lien l[olders
See. 4. (a) A police department which takes into custody an aban-
doned motor vehicle shall notify within 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 tile Cer-
tificate of Title Act, as amended (Article 1436--1, Vernon's Texas Penal
Code) that the vehicle has been tak,n.into custody. The notice shall
describe the year, make, model, and Iv~2}~]. nC. nber of the abandoned motor
vehicle; set forth the location of the facility where tile motor vehicle is
being held, inform the owner and any lien holders of their right to re-
claim the motor vehicle within 20 days aftcr the datc of the notice upon
payment of all towing, preservation, and storage chargcs resulting from
placing the vehicle in custody, and 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 ~vaiver by the ownel' and all lien holders
of all right, title, and interest in the vehiclc and their consent to the sale
of the abandoned ~notor vehicle at a public auction.
(b) If the identity of the last registered ownel' cannot be determined,
or if the registration contains no address for the owner; or if it is im-
possible to determine with reasonable certainty the identity and addresses
of all lien holders, notice by one publication in one newspaper of gen-
eral circulation in the area where the motor vehicle was abandoned shall
be sufficient to meet all requirements of notice pursuant to this Article.
Such notice by publication can contain multiple listings of abandoned
~,ehic!e°_. Any such notice shall be within the time requirements pre-
scribed for notice by registered or certified mail and shall have the same
contents requlrcd for a notice by registered or certified mail.
(e) 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 Abandoned Motor Vel~cles
Sec. 5. If an abandoned motor 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 auction. 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
department and shall be entitled to register the purchased vehicle and re-
ceive a certificate of title. From the proceeds of the sale of an aban-
doned motor vehicle the police department shall reimburse itself for the
expenses of the auction, the costs of towing, preserving, and storing the
vehicle which resulted from placing the abandoned motor vehicle in
custody, and all notice and publication costs incurl~ed pursuant to Sec-
tion 4 of this Article. Ally remainder from the proceeds of a sale shall
be held for the owner of the vehicle or entitled lien holder for 90 days, and
then shall be deposited in a special fund which shall remain available
for the payment of auction, towing, preserving, storage, and all notice and
publication costs which result from placing other abandoned vehicles in
custody, xvhcnever the proceeds from a sale of such other abandoned
motor vehicles are insufficient to meet these expenses and costs.
Garagekcepci~ and Abandoned Motor Vehicles
Sec. 6. Any motor vehicle left for more than 10 days in a storage
facility operated for commercial purposes aftcr notice by registered or
certified mail, retura receipt requested, to the owner to pick up the ve-
hicle, or for more than 10 days after the peneel when, pursuant to con-
tract, the vehicle was to remain on the premises of such storage facility,
and any motor vehicle left for more than 10 days in such storage facility
by someone other than the registered owner or left by a person authorized
to have possession of the motor vehicle under a contract of use, service,
storage, or repair, shall be deemed an abandoned vehicle, and shall be
reported by the garagekeeper lo the police department. Ally garagekeeper
who fails to report the possession of such a vehicle within 10 days after
it becomes abandoned within the meaning of this section shall no longer
have ahy claim for servicing, storage, or repair of the vehicle. All aban-
doned vehicles left in storage facilities shall be t~kon into custody by the
police department and sold in accordance xvith the procedures set forth
in Sections 4 and 5 of this Article unless the motor vehicle is reclaimed
and the garagekeeper is paid. The proceeds of the sale shall be first
applied to the garagckccpcr's char;rt,s for servicing, storage, or repair,
and any surplus proceeds shall be disWibuted in accordance xvith Section
5 of this Article. Except for the termination of claim for service, stor-
age, or repair for failure to report an abandoned motor vehicle, nothing
in this section shall be construed to impair any lien of a garagekeeper
under the laws of this State, or the rigl~t of a lien holder to foreclose.
Disposal to Denlolishers
Sec. 7. (a) Any person, firm, corporation, or unit of government
upon whose property m' in whose possession is found any abandoned
motor vehicle, or any person being the owner of a motor vehicle whose
title certificate is faulty, lost, or destroyed, may apply to the police de-
partment of the jurisdiction in which the vehicle is situated for authority
to sell, give away, or dispose of the vehicle to a demolisher.
(b) The application shall set out the natal! and address of the appli-
cant, the year, make, model, and serial number of the motor vehicle, if
ascertainable, together with any other identifying features, and shall
contain a concise statement of the facts surrounding the ubandonment,
or that the title of tee motor vehicle is lost or destroyed, or the. reasons
for the defect of title in the owner. The applicant shall execute an affi-
davit stating that the facts alleged therein are true and that no material
fact has been withheld.
(c) If the police department finds that the application is executed
in proper form, and shows that the motor vehicle has been abandoned
upon the property of the applicant or if it shows that the motor vehicle
is not abandoned but that the applicant appears to be the rightful owner,
the police department shall follow the notification procedures set forth
in Section 4 of this Article.
(d) If any such abandoned motor vehicle is not reclaimed in accord-
ance with Section 4, the police department shall notify the Texas ttigh-
way Department which shall issue the applicant a certificate of authority
to sell the motor vehicle to any demolisher for demolition, wrecking or
dismantling. The demolisher shall accept such certificate in lieu of the
certificate of title to the motor vehicle.
(e) Any persons, firm, corporation, or unit of government upon whose
property or in whose possession is found any abandoned motor vehicle, or
any person being the owner of a motor vehicle whose title certificate is
faulty, lost, or destroyed, may dispose of such motor vehicle to a de-
moltsher without that title and without notification procedures of Section
4 of this Act if the motor vehicle is over 8 years old and has no engine
or is otherwise totally inoperable.
Duties of Dexnolishers
See. 8. (a) Any demolisher who purchases or otherxvise acquires a
motor vehicle for purposes of wrecking, dismantling, or demolition shall
not be required to obtain a certificate of title fox' such motor vehicle in
his own name. After the motor vehicle has been demolished, processed,
· or changed so that it physically is no longer a motor vehicle, the de-
moltsher shall surrender for cancellation the certificate of title or author-
ity. The Texas Highway Department shall issue such forms, rules, and
regulations governing the surrender of auction sales receipts and cer-
tificates of title as are appropriate. The Certificate of Title Act, as
amended (Articles 1436--1 and 1436--2, Vernon's Texas Penal Code) shall
govern the cancellation of title of the motor vehicle.
(b) The demolisher shall keep an accurate and complete record of all
motor vehicles purchased or received by him in the course of his business.
These records shall contain the name 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 inspection by the Texas IIighway Department or any police depart-
ment at any time during normal business hours. Any record required
by fhls section shall ~e kept by the demolisher for at least one year after
the transaction to which it applies.
SECTION 11. INSURANCE OR BOND REQUIRED FOR TOWING
VEHICLES.
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 upo% to handle or tow a wrecked
vehicle, by the Police Department unless it first be approved by such
Department. 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
LI~aBILITY INSURANCE POLICY OR AN EQUIVALENT BOND WITH THE FOLLOW-
ING MINIMUM LIMITS: Death or injury to one person in any one
accident - $/Ci( {0,tic ; Death or injury to two or more persons
iN any one accident - C, (CC,, ; Property Damage in any
One accident - $ ~ ~C~~'°
.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
~emoved from the approved list by the Chief of Police whe~ in his
opinion, it would be in the best interest of the City to make the
removal.
SECTION 12. REPEALING CLAUSE:
All ordinances or parts of ordinances inconsistent or
in conflict with the provisions of this ordinance are hereby
repealed. Ordinance Number 68 is specifically 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, clause,
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. EMERGENCY CLAUSE:
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 ofoCoppell,
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY