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Home My WebLink AboutO-2010-3297 towing motor vehicles from streets, including for the offense of driving without vehicle insuranceF REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 11-8-10 Requested By: Kenith Adcox Department: Police Report: Resolution: Ordinance: X Exhibits: Ordinance — Amending Chapter 70 "Traffic & Vehicles" of the Code of Ordinances, Adding New Section 70-183 "Removal of Vehicles or Other Property from Streets" Draft Ordinance showing revision made after item was presented in Workshop 10-25-10 Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Staff is recommending an amendment to Chapter 70, "Traffic and Vehicles", of the Code of Ordinances of the City of LaPorte, by adding a new Section 70-183 "Removal of Vehicles and Other Property from Streets," which will authorize the La Porte Police Department to tow private vehicles under certain conditions, including, but not limited to, when a vehicle is stopped for a traffic violation and the driver is unable to provide proof of financial responsibility. Action Required by Council: Approve Ordinance adding Section 70-183 to Chapter 70, Traffic and Vehicles, of the Code of Ordinances of the City of La Porte. A Ron Bottoms, City Manager It �j to Date �� 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 unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle. (6) An officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is by law required to take that person arrested immediately before a magistrate. (7) The vehicle is standing, parked, or stopped in any portion of a street, and the officer has reason to believe that the vehicle constitutes a hazard or interferes with the normal function of a governmental agency or that the safety of the vehicles is imperiled; (8) The vehicle is standing, parked, or stopped in violation of regulations established under this Code or state law; (9) The vehicle is in an accident and the vehicle's owner or operator fails to show evidence of financial responsibility as required under Chapter 601 of the Texas Transportation Code, as amended; or (10) The vehicle is stopped by a police officer for an alleged violation of a city or state traffic law or other law applicable to the operation of a vehicle on the roadway and the vehicle's owner or operator fails to show evidence of financial responsibility as required under Chapter 601 of the Texas Transportation Code, as amended. (11) The vehicle is authorized or required to be towed by other applicable city ordinance, code, state or federal law. (b) A police officer may, at his or her discretion, with the permission of an arrested person, leave an arrested person's vehicle at the scene of the arrest or other location. In these instances, the arresting officer shall ensure that the vehicle is legally parked and secured and not otherwise in violation of any applicable city ordinance, code, state or federal law. (c) No vehicle that has been towed under items 9 or 10 of this Section may be released to an owner or other responsible party until proof of financial responsibility satisfying the requirements of Chapter 601 of the Texas Transportation has been provided to the La Porte Police Department. Once verified, the Department will issue a release form, authorizing the towing service to release the vehicle." Section 3. Chapter 70 "Traffic and Vehicles" of the Code of Ordinances of the City of La Porte, Secs. 70-183-70-210. — "Reserved." is hereby amended to read as follows: "Secs. 70-184-70-210 —Reserved." Section 4. Penalty. Any person who violates any provision or requirement of this ordinance shall be guilty of a misdemeanor and subject to a fine in a sum of not more than two hundred dollars ($200.00) for each violation. Section 5. Open Meetings. The City Council officially finds, determines, recites, and declares that sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 7. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED on the first reading Mayor Martha A. Gillett City Secretary APPROVED %(� .1(4 - Clark T. Askins Assistant City Attorney