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