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Ordinance No. 726ORDIN,,NCE No. 72d AN ORDINANCE DIRECTING REMOV.iL ,ND IMPOUNDING OF [MOTOR VEHICLES WHEN FOUND IN PUBLIC PL,tCES; PROVIDING ► LIEN THEREOF AND SALE TO SATISFY LIEN ,►ND REDEMPTION BEFORE AND AFTER SALE; PROVIDING FOR THE NOTICE OF SALE; POSTING AND ADVERTISING THEREOF AND NOTICE BY REGISTERED M,J L TO OWNERS OF MOTOR VEHICLES; PRESCRIBING PROCE- DURE FOR AUCTION STILE; DISPOSITION OF PROCEEDS; VESTING TITLE IN AUCTION BUYER; DIRECTING THE SALE AND DISPOSAL OF PROCEEDS ON MOT - OR VEHICLES WHEN NO BIDS ARE MADE THEREON; KEEPING RECORDS; EX- CEPTING SALE OF OTHER ABANDONED PROPERTY IN POSSESSION BY THE CITY OF BAYTOWN; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: Any police officer of the Baytown Police Department is hereby authorized to provide for the removal of a vehicle from a street to the police pound under the circumstances hereinafter enumerated: 1. When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic; 2. 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; 3. When any vehicle is found upon a street 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; 4. When any such officer has reasonable grounds to believe that any vehicle has been abandoned; 5. When a vehicle upon a street is so disabled that its normal operation is impossible or impractical and 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; b. 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 otherwise, required to take the person arrested immediately before the recorder; 7. When any vehicle is illegnlly parked in violation of any ordinance of the City and of the laws of the State not provided for in this sec- tion. Any police officer of the police, department is hereby authorized to provide for the removal of any vehicle parked or standing or on any portion of a highway when, in his opinion, the same constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency or unusual circumstance the saftey of said vehicle is imperiled. -2- It is hereby expressly provided that a motor vehicle, properly registered and legally parked on a public thoroughfare, shall not be removed except at the request of its registered owner or his agent, the City Manager, Chief of Police or Assistant Chief of Police. Section 2: If a vehicle is found improperly parked, as set forth above, upon a public roadway so as to create only a minor traffic hazard, the vehicle shall be immed- iately issued a traffic violation citation for the violation and an effort shall be made to determine the owner of such vehicle and advise him that the vehicle constitutes a traffic hazard and must be removed within one (1) hour. Such action is necessary only when a vehicle is creating a minor hazard to traffic safety. The Dispatcher on duty shall make a report entry of the improperly parked vehicle along with the notification time and date to owner. If the vehicle is not removed within the prescribed one hour period and remains unattended, the officer on duty shall take necessary action to have vehicle towed away to commercizl storage, using the next wrecker on the Dispatcher's list. Section 3: It is hereby directed that, upon it becoming necessary to tow a vehicle, the owner or driver of the vehicle involved shall determine his choice and obtain wrecker service he desires to tow or remove the vehicle. Officers shall assist such owner or driver in any way of notifying the wrecker service of his choice; otherwise the officer shall follow the Dispatcher's list to insure rotation of wreckers. A proper report, set- ting forth all necessary details, shall be prepared by the officer for the records of the Police Department. Section 4: There shall be a towing charge not to exceed $12.50 for the removal of each motor vehicle from the public streets, alleys, sidewalks and public ways of the City to the motor vehicle compound. There shall be a storage charge of one dollar for each calendar day, or part thereof, for each motor vehicle so stored at the compound. The City shall have a lien in the total amount of the towing charge and storage charge on all motor vehicles at the compound, which lien shall be prior and superior to any and all other liens and claims except those for ad valorem taxes. Section 5: Whenever the owner of any motor vehicle which has been removed from any public street, alley, sidewalk and public way of the City and which is stored at the com- pound, shall present himself at the compound and shall demand such motor vehicle, the attendant in charge shall satisfy himself that such person so claiming such motor vehicle is the true and lawful owner thereof and is entitled to possession thereof. Such attend- ant may demand of such person proper identification and the display of a certificate of title to such motor vehicle and upon being so satisfied and upon obtaining the towing fee and the proper storage fee, such attendant shall deliver such motor vehicle to the owner ..g_ thereof. The owner thereof shall execute a receipt therefor, which receipt shall be made Ja a form prepared and furnished by the Chief of Police and such attendant shall issue to ti. owner a receipt for the towing fee and the storage fee so collected. All funds collected by the compound attendant for the towage and storage charges s'�all be delivered to the City's Finance Director once a week or so often as directed by the City Manager. The payment of the towing charge and the storage fee shall not constitute a waiver or dismissal of any fine or fines due, if any, for any ordinance or law violated by reason of the unlawful parking of a motor vehicle as herein specified. Section 6: Any motor vehicle stored at the compound for a period of sixty days, the owner of which, whether known or not known, having failed or refused within such time to claim or reclaim such motor vehicle, shall be sold at public auction, to satisfy the towage and storage lien. After a motor vehicle has been stored at the compound for a period of sixty days, the Chief of Police shall prepare a list of all such motor vehicles so stored, giving the make, model, type, body style and other details and shall deliver said list to the Direct- or of Finance of the City. All auctions of such motor vehicles shall be conducted under the supervision and direction of the Director of Finance of the City,. The Director of Finance shall give thirty days' notice of the time and the place of the sale of such motor vehicles and a descriptive list of same to be offered for sale by posting such notice of sale at the City Hall and at two other public places in Harris County, Texas, and a copy of such notice shall be sent by registered mail to the last known address of each owner of such vehicle so listed on the notice of sale, in the event the name of the owner is known to the Director of Finance, or such name can be ascertained by him by the exercise of reasonable diligence. At the time and place so stated in such notice, each motor vehicle shall be offered for sale for cash at public auction and the Director of Finance shall accept the highest bid for said motor vehicle. Each motor vehicle shall be sold separately. The public auction for the sale of such motor vehicles shall be conducted at the Compound or at any other place so designated in such notice, and all sales shall be final. Section 7: Upon payment by the highest bidder to the Director of Finance, the amount so bid for such motor vehicle, the Director shall deliver to such highest bidder such motor vehicle, together with a bill of sale therefor executed by such Director in the name of the City. In addition thereto, such Director shall furnish to the highest bidder -4- all of the necessary documents required by the laws of the state, in order that such bidder may secure a certificate of title therefor. All fees, transfer taxes and other charges for securing a certificate of title shall be paid by the purchaser. Section 8: The Director of Finance shall keep an accurate record of each motor vehicle sold, the name and address of the purchaser, the price paid therefor, the date of sale and such other information deemed necessary by the City Manager. The Director of Finance shall make a complete report, in writing, to the City fl5anager of the time, place and manner of conducting such sale and all funds from the sale of each motor vehicle shall be delivered to the Finance Director who shall give his receipt therefor. Section 9: Out of the proceeds from the sale, at public auction, of each motor vehicle, the City Manager shall first apply such proceeds to the towage and storage lien of the City, which sum shall be placed to the credit of the general fund and shall there- after be disbursed as the City Council of the City shall determine and direct. In the event the amount of the sale of such motor vehicle, at public auction, is in excess of the towage and storage lien, then, the excess sum shall be deposited by the Finance Director in a separate fund and upon demand being made by the true owner of such motor vehicle, the Finance Director shall order the delivery of such excess sum to such owner. If no demand is made by the true owner of such motor vehicle of the Finance Direct- or for;such excess sum within two years from the date of the sale of such motor vehicle, such sum shall become the property of the City of Baytown and the Finance Director shall transfer said sum to the general fund to be used as the City Council shall determine and direct. Section 10: tiny motor vehicle which has been offered for sale at public auction and no bid having been received therefor shall be disposed of by the Finance Director in such a manner as he deems advisable and all such motor vehicles so disposed of in such manner shall be reported to the City iianaaer, in writing, together with the amount received therefor and the date and manner of such disposition. Section 11: i:eoealing Clause: ,11 ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 12: Savings Clause: If any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or _S_ invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circummstnces, and to this end all provisions of this ordin..:nce are declared to be severable. Section 13: Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, :' 99 AND PASSED by the affirmative vote of a majority of the City Council of the City of Baytown, on this _day of 1%4. C. L. Liggett, M.D. Mayor ATTEST: 4 Edna Oliver, City Clerk APF:iOVED : t George Cbhndler, City Attorney