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Home My WebLink About1987-1707 - Ordinance - 05/14/1987ORDINANCE NO.1707 AN ORDINANCE AMENDING CHAPTER 10, SECTION 4 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING REGULATIONS FOR IMPOUNDING VEHICLES FOR UNPAID PARKING VIOLATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That Chapter 10, Section 4, of the Code of Ordinances of the City of College Station is hereby amended by adding a new section to be numbered Section 4.D, pertaining to regulations for impounding vehicles for unpaid parking violations. #D. IMPOUNDING VEHICLES FOR UNPAID PARKING VIOLATIONS. Whenever it shall be determined that any motor vehicle has, within the corporate limits of the city, accumulated four (4) or more unpaid parking violations, as defined by this Code or the motor vehicle laws of this state, such vehicle may be impounded subject to the following conditions: (1) Notice of Hearing (a) Impoundment shall occur only after notice and opportunity for hesring has been offered to the last known registered owner of such motor vehicle. (b) The clerk of the municipal court shall cause written notification to be sent, certified mail, return receipt requested, to the last known registered owner of the vehicle. (c) The written notification shall include the follow- ing: (i) (ii) (iii) (iv) License number of the vehicle; Name of registered owner; Brief description of all accumulated parking violations; Amount assessed for each violation and total amount for all accumulated violations; 005004 (v) (vi) (vii) A statement that a request for a hearing to determine whether or not the motor vehicle shall be impounded because of accumulated parking violations must be made to the clerk of the municipal court, in writing, without requirement of bond, within ten (10) days after receipt of the notice; A statement that failure to request such hearing before the expiration of the ten-day period, or failure to appear at a requested hearing, shall constitute a waiver of the opportunity to oppose the proposed impound- ment; A statement that the owner of the vehicle shall be responsible for all charges and costs incurred in providing notice, impound- ing such vehicle, and storage fees, in addi- tion to all amounts assessed for the accumu- lated parking violations. (2) Hearing; Notice of Findings (a) Ail hearings shall be conducted before a judge of the municipal court and shall be limited to whe- ther the subject motor vehicle shall be impounded for accumulated parking violations. (b) Should the judge determine that a vehicle shall be impounded, he shall, either orally at the conclu- sion of the hearing inform or by letter, notify the owner of his decision; provided, however, that no such notice is required should the owner fail to appear at the hearing. (3) Order of Impoundment; Issuance (a) (b) After he notifies the owner of his determination that the vehicle shall be impounded, the judge shall sign and enter a written order, directed to the chief of police or any police officer of the city commanding the impoundment of such vehicle, which order shall be delivered by the clerk of the municipal court. The judge shall endorse on such order the date and hour of its issuance. If no hearing is requested by the owner of the motor vehicle, or if such owner fails to attend the hearing, any judge of the municipal court may 2 - O05005 (4) issue an order of impoundment as hereinabove described no sooner than ten (10) days after written notice. (c) the A person who receives notification that his/her vehicle shall be impounded may petition the judge to either delay issuing the order of impoundment or, if an order has been signed and issued (but not executed), recall same from the clerk of the municipal court. The judge so petitioned may, for good cause shown, grant such relief as deemed appropriate under the circumstances. Order of Impoundment; Execution; Entry Into Vehicle; Inventory; Return (a) Any police officer of this city may, pursuant to an order of impoundment from the municipal court, cause the subject motor vehicle to be seized, removed to and stored at an authorized vehicle depository, provided that no vehicle which is located on private property with the consent of the property owner may be so impounded. (b) Should it be necessary to enter a motor vehicle in order to effectuate its impoundment, such entrance shall be made in the presence of the police offic- er supervising the impoundment. (c) Upon execution of an order of impoundment, the police officer shall state on such order, or on some paper to be attached to it, the manner in which it was executed, and shall include the date and time the motor vehicle as impounded as well as its location when it was seized. The officer shall, without unnecessary delay, deliver his return to the clerk of the municipal court. (5) Unlawful to Interfere With Impoundment (6) It shall be unlawful for any person to knowingly, intentionally or recklessly obstruct, prevent, hinder or interfere with any police officer executing an order of impoundment. Reclamation of Impounded Vehicle; Appearance Before Municipal Court; Hearing (a) The owner or other person with legal right or possession of a vehicle which has been impounded - 3 - 005006 pursuant to an order of impoundment may reclaim such vehicle by appearing before any judge of the municipal court, At such timed upon presentation of evidence satisfactory to the court establishing ownership or right of possession, such person shall be required to: (ii) (iii) (iv) Pay for the accumulated parking violations and costs immediately; Pay for the accumualted parking violations and costs at some later date; Pay for a specified portion of the accumu- lated parking violations and costs at desig- nated intervals; or Enter a plea to any or all criminal com- plaints filed against him for the parking violations and post sufficient bond binding him to appear before the municipal court in which the causes may be pending at any time his presence may be required. (b) The judge before whom the owner or other person appears, in the interest of justice, may give the matter a preferential setting and after reasonble notice is provided to the state, conduct the trial immediately or as soon as is practicable. (c) After the owner or other person has made disposi- tion of the accumulated parking violations and incidental fees and costs, or entered a plea and posted bond, he shall be authorized to reclaim the impounded vehicle. (7) Order Authorizing Release of Impounded Vehicle Any judge of the municipal court shall be authorized to issue a written order directed to the wrecker business/ towing company to release the impounded vehicle to its owner or to a specified person found by the court to have legal right of possession of the vehicle, and named in the order. (8) Release of Impounded vehicle (a) Upon presentment of the signed order of release and proof of identity, the wrecker business/towing company in actual possession of the impounded vehicle shall release such vehicle to the person specified by the municipal court. The date and - 4 - 005007 time that a vehicle is released shall be indicated on the order of release, or on some paper attached to it, signed by the person reclaiming the vehicle and the person releasing the vehicle, who shall thereafter return the order to the municipal court. (b) The wrecker business/towing company in possession of an impounded vehicle shall not request nor require the person reclaiming the vehicle to sign a release from liability for damages or loss unless and until the person authorized to reclaim the vehicle has been provided a meaningful oppor- tunity to inspect the vehicle and its contents. (c) Any release from liability shall contain a nota- tion of such inspection as well as an enumeration of the damages, if any, allegedly the result of the impounding of the vehicle; in addition, any items alleged to be missing from the vehicle shall be enumerated on the release by the person re- claiming the vehicle. A copy or duplicate origi- nal of any release shall be provided to the person reclaiming an impounded vehicle. (d) Any wrecker business/towing company impounding vehicles under this ordinance shall post notice, in a conspicuous place, of the requirements for inspection of a vehicle stated in Sections (2) and (3) above. (9) Fees for Impounding, Storage, Etc. Charges, fees, and costs assessed in connection with the impounding process shall be those authorized by law. No charge, fee or cost may be waived by any judge of the municipal court but for good cause shown. Vehicles impounded and not reclaimed by registered owners may be sold at auction as authorized under Article 4477-9a, Texas Revised Civil Statutes." PASSED, ADOPTED and APPROVED this 14th day of May, 1987. ATTEST: D-lab J6n'.esg,'~it'y B~cretary - 5 APPROVED 005008