O-2010-3297 towing motor vehicles from streets, including for the offense of driving without vehicle insurance

Browse Search

�� ORDINANCE NO. 32R AN ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE V. "STOPPING, STANDING, AND PARKING" TO ADD NEW SECTION 70-183 "REMOVAL OF VEHICLES OR OTHER PROPERTY FROM STREETS", TO AUTHORIZE THE REMOVAL OF MOTOR VEHICLES OR OTHER PROPERTY FROM A STREET WHEN MEETING CRITERIA ESTABLISHED THEREIN; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of La Porte, Texas (herein, the "City"), being a home -rule city having authority to utilize police power regulation for the health, safety and general welfare of the citizens of the City; and, WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, and the La Porte City Charter provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Chapter 70 "Traffic and Vehicles", Article V. "Stopping, Standing, and Parking" of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by adding new Section 70-183 "Removal of vehicles or other property from streets", which shall read as follows: "(a) A police officer is authorized to remove or cause the removal of a vehicle or other property of any description from a street, pursuant to guidelines established under Chapter 78, Article IIl, Division 4 of this Code for towing of motor vehicles, when: (1) the vehicle or property is left unattended upon a bridge or viaduct or in a tunnel or underpass; (2) the vehicle is illegally parked so as to block the entrance to any private driveway; (3) the vehicle is found upon a street and a report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant issued charging that the vehicle has been unlawfully taken from the owner; (4) the officer has reasonable grounds to believe that the vehicle has been abandoned; (5) a vehicle upon a street is so disabled that its normal operation is impossible, impractical, or unsafe and/or the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be