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HomeMy WebLinkAbout18653 ORD - 01/15/1985AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, TO PROVIDE PROCEDURES FOR IMPOUNDMENT AND IMMOBILIZATION OF VEHICLES AND THEIR DISPOSITION; FOR REPEAL OF CONFLICTING ORDINANCES, FOR SEVERABILITY, AND FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi, asmended, be amended by deleting the present provisions of Chapter 53Traffic, Section 53-59, Impoundment of Vehicles -Authority of Police, and ituting the following. (A) Any police officer, or employee designated by the City Manager, is hereby authorized to immediately causeremove or to be removed a vehicle from a public street, highway, parking facility, alley, walkway, or other publicly owned area, or private property, and impound the vehicle inany of the following circumstances: (I) When the vehicle creates an immediate public hazard or obstruction of traffic o pedestrian access on, to, or from public property. (2) When the owneror operator of the vehicle has been taken into custody by the police department and seizure is permitted or required by Police Department policy consistent with constitutional guidelines. When the vehicle's removal is necessary to protect persons or property (including the vehicle) from harm. (4) When the vehicle is found parked in a tow -away zone which is properly signposted. (5) When the vehicle's removal is necessary to permit street construction, cleaning up Sr repair, tree work, or other public utility work, after at least 24 hours notice thereof has been posted. (3) 18653 (6) When any vehicle is found parked upon any public street, highway, alley, walkway, or right-of-way, or upon any property owned a controlled by the City of Corpus Christi, and has three (3) or more outstanding parking violation notices or has or more outstanding parkingviolation notices totaling $65.00 or scheduled fines Cei n response has been re ved by the Collections Bi vi cion for such nodi cis (B) When a vehicle is found as described in subsection (A)(6), any police officer or employee designated by the City Manager may, in lieu of or prior to Impoundment, attach to the vehicle a device that will prevent the vehicle from being moved. (1) The police officer ar employee immobilizing a vehicle as provided herein shall place on the vehicle, in aconspicuous ma notice sufficient to warn the individual that such vehicle has been immobilized and that any attempt to move such vehicle will result in damage to such vehicle. This notice shall state the reason for which the vehicle was immobilized and describe the procedure for release of such vehicle. (2) Notice shall also be given informing the driver, ar person in charge of the vehicle of his right to a hearing to contest such immobilization. (C) Before a vehicle may be impounded or mmobilized for the reason set forth in subsection (A)(6) a notice shallbe sent certified mail to the person to whom the vehicle is registered, stating: (1) The vehicle has specified outstanding parking violations against it. (2) After 10 days from the date on the face of the notice, the vehicle will be impounded or immobilized whenever it is found parked upon any public street, htghvey, alley, walkway, or right-of-way, or upon any property owned or controlled by the City of Corpus Christi, unless before that time the fines are paid or appearance is made in Municipal Court for disposition of cases according to Court procedures. (0) Na person shall impede, hinder, or interfere with the impoundment or immobilization of a vehicle as provided under subsections (A) and (0). (E) Na person except an authorized City officer o employee shall attempt to remove the immobiliza- tion device. No person shalle m attempt to vehicle immobilized under subsection (8) Any suchaction(s) shall constitute a separate and additional offense(s), punishable by a fine of not less than fifty dollars ($50.00) nor more than Lim -hundred ($200.00). Any damage to the immobilization device, occurring as a result of an attempt to remove or tamper with the device or by moving the vehicle, shall make the offender liable for the destruction of public property. (F) The City of Corpus Christi shall assume no liability for lass or damage to an immobilized vehicle or its contents while so immobilized. (G) It shall be the duty of all owners and persons in charge of vehicles which disappearwithin the city limits to make Inquiry to the Police Department. When a person inquires of the Police Department about a missing vehicle, a thorough check shall be made to determine if the vehicle has been impounded. If the vehicle has been impounded, the person will be referred to the office responsible for custody of the vehicle, and that office shall inform the person of (1) The reason for impoundment. (2) That he may obtain his vehicle by paying storage and impoundment fees and parking fines, ,f any, or by pasting a bond. (3) That he mdy request a hearing to dispute validity of the impoundment Provided, however, that if the vehicle has been seized as evidence of crime, for forfeiture because of its connection with criminal activity, or similar reasons, the person shall only be referred to theappropriate detective. (H) When a vehicle ,s impounded and no person has contacted the Police Department about the vehicle within 72 hours after impoundment, the responsible Department shall, on the first working day after 72 hours, send a notice that the vehicle has been impounded to the registered owner by certified mail, including the following (2) The year, lema6e, and 1,eeeee plate number 0f the vehic (2) The reason for impoundment. (3) The location from which the vehicle was taken into custody (4) The location where the vehicle is being held (5) That he may obtain his vehicle by paying storage and impoundment fees and parking fines, if any, or by posting a bond. (6) (7) That hey may the imprequeoust ndma ent. hearing to dispute validity of The name 0the contact to getinformation oofo tion oo c dures for obtaining release of his vehicle. If the certified letter shall be returned undeliverable, such notice shall be given by one publication in ore neympaper of general circulation in Nueces County. Provided, however, this provision does not apply if the vehicle has been seized as evidence of for forfeiture because of connection with criminal activity, or similar reasons (I) To the extent that any vehicles seized pursuant to this section constitute ",junked" or "abandoned" vehicles under state law or other provisions of this Cade, they may be processed in accordance with those provisions. SECTION 2 That the Code of Ordinances of the City of Corpus Christi, a mended, be amended by deleting the present provisions of Chapter 53, Traffic, Section 53-60, Same -Redemption of Vehicles, Fees far Impounding and Storage, and substituting the following: (A) When a vehicle isi p ded pursuant to Section 53-59, subsections (A)(1) through (A)(5) the following procedures shall apply. (1) The vehicle shall be released to a person claiming it, upon satisfactory proof that he is entitled to possession, when the following conditions are met. (a) Payment of a towing fee of thirty-five dollars (835.00), and a storage fee of four dollars ($4.00) for the first 24 hours of and fourdollars o(84.00)r forr each subsequent 24 hours of storage or part thereof, (b) Payment of a cash bond in the full aunt of the accrued towang and storage fees; or (c) A determination at the hearing described herein that the impoundment did not meet the conditions of subsections (A)(1) through (A)(5) of Section 53-59. Upon such determination, the bond, if any. shall be returned to the person If the Impoundment is sustained, the bond, If any, shall be forfeited. (2) If the person believes the impoundment was error,in he may request of the Police Chief meeting with an 1mp0,0101 representative of the Police Department designated by the Chief, who shall have full and final authority to excuse payment of the towing and storage fees to whole or part, as indicated by the facts. If the vehicle has not been released because the person cannot afford the bond, the hearing shall be held as as practical, not to exceed 48 hours after the request. Otherwise, the hearing shall be held within 10 days The issue at the hearing shall be whether the Impoundment was in error under the ordinance. At the hearing, the claimant may present his contentions to the hearing officer, Including hisy testimony, testimony written statements of other persons theclaimant produces, and any documentary or other evidence. The hearing officer shall review all documents connected with the impoundment, and make them available to the claimant. The hearing officer shall attempt to contact other persons with relevant information, such as the impounding officer. which can be done either to person at the hearing, by telephone, or by other ma The hearing officer shall inform theclaimant of all stated for the impoundment, and give the claimant an opportunity to respond. The hearing officer shall Impartially consider all onably available relevant Information, and if a preponderance of the evidence indicates that the Impoundment was erroneous, the hearing officer shall cause the vehicle to be released without pay11010 0f (0) the impoundment and storage fees or such part thereof as is appropriate (3) These procedures shall not apply to any vehicle seized a crime, evidence of c , for forfeiture for its connection with criminal activity, or similar reasons When a vehicle Is Impounded o Immobilized pursuant to Section53-59, subsection (A)(6) the following procedures shall apply: (1) The vehicle shall be released to a person claiming it, upon sate factory proof that he is entitled to possession, when the following conditions are met (a) Payment of a towing or immobilization fee of thirty-five dollars (535.00). and storage fee of four dollars (54.00) for the first 24 hours of storage o part thereof, and four dollars (54.00) for each subsequent 24 hours of storage r part thereof; and payment of the standard charge for the underlying parking violations as reflected in the parking violation notices; (b) Payment of a cash bond in the full amount of the accrued towing and storage fees and the standard charge for the underlying traffic violations, (c) A combination of payments under "a and bond for the balance under "b". (d) A determination at the hearing described herein that the Impoundment o immobilization did not meet the conditions of subsection (A)(6) of Section 53-59 If the Impoundment is sustained, the bond, if any, relating to towing, immobilization, or storage fees shall be forfeited. (2) If the person believes the Impoundment was in error, he may request a hearing beforea representative designated by the the City, who shall have full and final authority to incuse wholpayment rept of e towing d st orage indicated asindited bythe facts. If the vehicle has not been released because the person cannot afford the bond, the hearing shall be held as soon as practical, not to exceed 48 hours after the request. Otherwise, the hearing shall be held within 10 days. The issue at the hearing shall be whether the conditions to subsection (A)(6) of Section 53-59 were met. The underlying traffic violations shall not be considered except to the extent that the person shows he clearly could not be guilty (for example. where he did not dthe c the time of any violation and did not receive notice of aL any violation) and received prior notice of the outstanding violations. At the hearing, the claimant may present his contentions to the hearing officer, including his own statements ofother persons the i thtestimony y written claimant evidenes. and any documentary or other evidence. The hearing officer shall review and make connected with the impoundment, and range them available to the claimant. 080 The hearing officer shell attempt to contact other sthe persons with levant information. one s per imp aunding officer, whichichcan be ruby in eperson mens the hearing, by telephone, or by other m The hearing officer shall inform un tment, and of the reason(s) lei for the opportunity, and give 115thehclaimant an opportunity py tl respond the hearing re officer avail impartially considernaa all reasonably available relevant t i evidence i and if e Impoundment of the evidence indicates the i ficerment erroneous, the hearing officer with was ro the ftevehicle to be released without , stera of the towing o fine. or art, storage fee, and parking fine, or such part thereof as is appropriate (3) If the person wishes to contest the underlying parking violations, and if the vehicle has not been released, a Municipal Court trial shall be set within three (3) working days of the request. Otherwise, trial of the underlying cases shall be routinely docketed by the Municipal Court. The bond for parking fines held under this subsection shall be transferred to Municipal Court and applied to satisfy any Judgment rendered by the Court in the parking cases The balance, if any, shall be returned to the Defendant. SECTION 3. That the Code of Ordinances of the City of Corpus Seasamended, am d mddhto Chapter 3 a new Section 53-61 Dispositionof ImpoundedVeicles,treadasToTTows (A) This section applies to all vehicles impounded by City officersw employees which not initially seized or abandoned or junkedvehicles under the Texas Abandoned Vehicles Act, except for vehicles being held as evidence, for forfeiture because of connection with criminal activity, or the like. (0) Unless e made to reclaim the vehicle within 10n dayts s rt of impoundment, notice of the impoundment shall be given to the registered owner and any lienholder of record within 15 days of the impoundment Such notice shall inform those persons that if arrangements are not made to reclaim the vehicle within 10 days,the vehicle shall be deemed abandoned under the Texas Abandoned Vehicle Act and disposed of accordingly. The notice shall inform the person(s) of the proper person or office to contact for information about reclaiming the vehicle. If the name(s)o r address(es) of said person(s) cannot be determined, said notice shall be given by one publicationin one newspaper of general circulation in Nueces County. (0) It shall be unlawful for a person(0) who has been given the notice herein provided to leave the vehicle unattended by that person on any City lot r property after ten (10) days from the mailing r publishing of the notice without written consent of the City. The vehicle shall be deemed unattended" unless the owner or his authorized agent takes custody of thevehicle or offers in person to do so. (0) When a vehicle Is left unattended on City property to violation of "(C)", the vehicle shall be deemed abandoned under the Texas Abandoned Motor Vehicle Act, and the procedures in that Act for notice and disposal of vehicles shall be initiated. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivi- sion, phrase,n word, or provision of this ordinance, for it is the definite intent of this Cty Councilthat every section, paragraph, subdivision, clause, phrase, ward, or provision hereof be given full force and effect for its purpose. -8- SECTION 5. That all conflicting ordinances be hereby repealed. SECTION 6. Publication should be made on time by publishing in the official newspaper of the City of Corpus Christi the caption of this ordinance stating in substance the purpose of the aforesaid ordinance. ATTEST unxs City Secreta 4 U MAYOR H?� THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY TTOF 16 4 RUCE AY CC�DTOHNEY By� As Stant City Attorney ACInlo That the foregolng ordinance was read for the first tsme and passed to Its second readIng on thIs the , day of V, ,,,,,...", 19_1EEL, by the followIng vote Luther Jones A_ Leo Guerrero ..R-- lk lb, .. III • 111 Betty N. Turner David Berlanga, Sr. Welder Brown Dr. Charles W. Kennedy doe McComb Frank Mendez Mary Pat Slays!, 11X U1/40 ItilldleeactZgOnngth°17ilg:°°Ig' rdea.7' ofr he,T17 tIme '19f01!:',' h,c; 't.1: following vote: Luther Jones Of., Leo Guerrero Betty N. Turner / . Or Charles W. Kennedy David Berlanga, Sr. /.. Joe McComb Welder Brown /...— Frank Mendez Mary Pat Slaysk Tohnlhstslethe°r,iLleda.rOl;' Luther Jones Betty U. Turner David Berlanga, Sr. Welder Brown waS re'd for, I9,e:dbyt'the ZloWnIrvotrallY aiubs7fr Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavlk ,f_ PASSED AND APPROVED, tills the /5 7, ay of , 19 17.r... ATTEST OA64 MAY THE CITY OF CORPUS CHRISTI, TEXAS API J. BRUCE AYCOCK, CITY A TORIIEY By AssIstant ,Ity Attorney PUBLISHER'S AFFIDAVIT STATE OF TEXAS, (a County of NueoeL JJ Before me, the undersigned. a Notary Pubha tha day personally ewe _ _ MARGARET RAMAGE — who being first duly sworn accordwg to law, eaye that be a the SUPERVIS COMMUNITY miff.Q_ryS _ Oa the Corpus Cbrati Geller and The Corpus Chaste Times, Daily Newspapers published at Corps Christi, Tema. rn mud County and Slate. and that Ne publication of oxicGY PASSAGE of OPP rll_liacD_IQ- ANAGI AMENRING TEE GOD. AR ARoANANCES, of whrch the annexed is a tree copy, was published In CALLER ZYMES NURAIGHINO Ce.- --- on• the 21. day of -January- - 19 g5. and once each. d _ thereafter for _ comzcubve. aaY 9NE._ Timer R 2y SO MARGARET RAMAGEi _ __ Salm:Weed and swum to before me this 22nd___da/f_ anus � 19gb__ EDNA FOSTER 11-30-8E 4. 19 Nolery PubIr, a County, Texas