§ 44-128. Authority to impound vehicles.

(a)

Authority given. Members of the police department are hereby authorized to remove a vehicle from a street or roadway to the nearest garage or other place of safety, or to a garage or impoundment area maintained by the police department, or otherwise maintained by this city under the circumstances enumerated in this section.

(1)

When any vehicle is left unattended upon any bridge where such vehicle constitutes an obstruction to traffic.

(2)

When a vehicle upon a roadway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.

(3)

When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

(4)

When any vehicle is illegally parked so as to block the entrance to any private driveway and it is impracticable to move such vehicle from in front of the driveway to another point on the highway.

(5)

When any vehicle is found upon a highway and report has previously been made that such vehicle has been stolen or complaint has been filed and a warrant thereon issued charging that such vehicle has been embezzled.

(6)

When any such officer has reasonable grounds to believe that any vehicle has been abandoned.

(7)

When an officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is by this Code or other law required to take the person arrested immediately before a magistrate.

(8)

When any vehicle parked or standing in or on any portion of a roadway in the opinion of a member of the police department constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency or unusual circumstance the safety of such vehicle is imperiled.

(9)

When any vehicle has received three citations, issued in the same location or area of the city, for violating the 24-hour standing or parking regulation imposed under this article.

(b)

Owner notified. Whenever an officer removes a vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the records the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and reasons therefor and of such place to which such vehicle has been removed. If any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.

(c)

Owner not located. Whenever an officer removes a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any reason is unable to give the notice to the owner, and if the vehicle is not returned to the owner within a period of three days, the officer shall immediately send or cause to be sent a written report of such removal by mail to the state highway department, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal and the name of the garage or place where the vehicle is stored.

(d)

Fee. The chief of police is authorized to assess against and collect from the owner or driver of any lawfully impounded vehicle an impounding fee as currently established or as hereafter adopted by resolution of the city council from time to time before the release of such vehicle. The payment of this impounding fee shall not excuse such owner or driver of the vehicle from the penalty for any violation of this article which may have given rise to the impoundment of such vehicle.

(Code 1978, § 23-68; Code 1993, § 78-133; Ord. No. 92-20, § 2.0, 12-14-1992)

State law reference

Removal of illegally parked vehicles, V.T.C.A., Transportation Code § 545.305.