(a)
A peace officer is authorized to remove or cause the removal of a vehicle from a street to a place designated by the county sheriff when:
(1)
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
(2)
The vehicle is stopped by a peace 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.
(b)
A vehicle removed and towed under this section must be kept at the place designated by the county sheriff until application for redemption is made by the owner or the owner’s authorized agent, who will be entitled to possession of the vehicle upon payment of the applicable costs of towing, notification, impoundment, and storage. The county sheriff shall charge fees for storage of vehicles at city pound locations in accordance with the following regulations:
(1)
Beginning on the eighth day of the impoundment, the storage fee is $20.00 for each day or portion of a day that a vehicle not longer than 25 feet is stored and $35.00 for each day or portion of a day that a vehicle longer than 25 feet is stored. Prior to the eighth day of the impoundment, only a $75.00 tow fee will be charged.
(2)
Storage fees will not be collected if, prior to the eighth day of the impoundment, the owner or the owner’s authorized agent pays the applicable tow fee, provides evidence of the payment of the applicable fine, and provides proof of insurance.
(3)
Storage fees will not be collected when a vehicle is not involved in an accident but is taken into protective custody because the driver is incapacitated due to physical injury or other illness to the extent that the driver is unable to care for the vehicle.
(4)
An impoundment fee of $20.00, in addition to applicable towing, notification, and storage fees, will be charged for a vehicle that has been removed and towed to a city pound location.
(5)
In addition to applicable towing, impoundment, and storage fees, a notification fee of $50.00 may be charged for a vehicle that has been removed and towed to a city pound location.
(c)
A peace officer may, at his discretion, allow a vehicle owner or operator to retain possession and control of the vehicle if necessary to protect the health and safety of the owner or operator or any other person.
(d)
A peace officer may, at his discretion, with the express written 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.
(e)
The county sheriff or a designated representative may release a vehicle without payment of towing, notification, impoundment, or storage fees under the following circumstances:
(1)
A vehicle was taken into protective custody when the incident did not involve an arrest, violation, or automobile accident; or
(2)
Subsequent investigation results in a determination that there was no violation of this code or the state motor vehicle laws or that the arrested person did not commit a criminal offense.
(f)
A person commits an offense if he removes or attempts to remove a vehicle from a city pound location without first paying the towing, notification, impoundment, and storage fees that have accrued on the vehicle.
(g)
As a consequence of the fees to be charged for vehicles stored at city pound locations and for purposes of state law, the city council hereby designates all city pound locations as storage facilities operated for commercial purposes.
(Ordinance 625 adopted 2/12/13)