(a)
Whenever a police officer finds a vehicle unattended upon a street
or highway in violation of any provisions of a statute or ordinance,
such police officer is authorized to move such vehicle or require
the driver or other person in charge of the vehicle to move the vehicle
to a position off the paved or main-traveled part of such highway
or street.
(b)
Any police officer is authorized to remove a vehicle from any public
or private property to the nearest garage, or other place of safety,
or to a storage place designated by the city, under the following
circumstances:
(1)
When any vehicle is left unattended upon any bridge or causeway where
such vehicle is an obstruction to traffic;
(2)
When any vehicle is illegally parked so as to block the entrance
to any private driveway and it is impractical to move such vehicle
from in front of the driveway to another point along the highway;
(3)
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 warrant thereon issued charging that such vehicle has been
embezzled;
(4)
When any such police officer has reasonable grounds to believe that
any vehicle has been abandoned;
(5)
After a vehicle that does not have lawfully affixed to it either
an unexpired license plate or a valid motor vehicle safety inspection
certificate, or is so disabled that its normal operation is impossible
or impractical, has been parked on any public highway and after the
owner has been given at least 48 hours’ notice either in person
or in writing attached to the windshield at the beginning of the 48-hour
period that the vehicle will be removed after the expiration of such
period; and
(6)
When an officer arrests any person driving or in control of a vehicle
for an alleged offense and such officer is authorized by this code
or other law to take the person arrested into custody or to take the
person immediately before a magistrate.
(c)
Any vehicle standing unattended may be moved by any member of the
police or fire department, and any police officer or firefighter may
require the moving of any such vehicle if it obstructs the free movements
of such persons in the actual discharge of their duties.
(d)
Any member of the police department is hereby authorized to remove
any vehicle parked or standing in or on any portion of a highway when,
in the opinion of the member of the police department, the vehicle
is a hazard or interferes with a normal function of a governmental
agency or because of any catastrophe, emergency or unusual circumstance
the safety of the vehicle is imperiled.
(e)
The police department may employ its own personnel, equipment, and
facilities to remove, preserve and store such vehicles it takes into
custody.
(Ordinance adopting Code)
(a)
The police department that takes into custody an abandoned motor vehicle shall notify, no later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act (V.T.C.A., Transportation Code, chapter 501) or V.T.C.A., Parks and Wildlife Code, chapter 31, that the vehicle has been taken into custody. The notice shall describe the year, make, model and vehicle identification number of the abandoned motor vehicle; set forth the location of the facility where the motor vehicle is being held; and inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody or garagekeeper’s charges if notice is given under section 24.10.064. The notice shall also state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction.
(b)
If the identity of the last registered owner cannot be determined,
if the registration contains no address for the owner, or if it is
impossible to determine with reasonable certainty the identity and
address of all lienholders, notice by one publication in one newspaper
of general circulation in the area where the motor vehicle was abandoned
is sufficient notice under this section. The notice by publication
may contain multiple listings of abandoned vehicles, shall be published
with the same requirements prescribed for notice by certified mail,
and shall have the same contents required for a notice by certified
mail.
(c)
The consequences and effect of failure to reclaim an abandoned motor
vehicle are as set forth in a valid notice given under this section.
(d)
The police department or agent of the police department that takes
custody of an abandoned motor vehicle is entitled to reasonable storage
fees for:
(1)
A period of not more than ten days beginning on the day the department
takes custody and continuing through the day the department mails
notice as provided by this section; and
(2)
A period beginning on the day after the day the department mails
notice and continuing through the day any accrued charges are paid
and the vehicle is removed.
(Ordinance adopting Code)
If an abandoned motor vehicle has not been reclaimed as provided by section 24.10.062, the police department shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given, and, in the case of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction; the costs of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody; and all notice and publication costs incurred under section 24.10.062. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs that result from placing another abandoned vehicle in custody, if the proceeds from a sale of another abandoned vehicle are insufficient to meet these expenses and costs. The city may transfer funds in excess of $1,000.00 from the account to the general revenue account to be used by the police department.
(Ordinance adopting Code)
(a)
A motor vehicle left for more than ten days in a storage facility
operated for commercial purposes after notice is given by registered
or certified mail, return receipt requested, to the owner and to any
lienholder of record under the Certificate of Title Act (V.T.C.A.,
Transportation Code, chapter 501) to pick up the vehicle, or for more
than ten days after a period when under a contract the vehicle was
to remain on the premises of the storage facility, or a motor vehicle
left for more than ten days in a storage facility by someone other
than the registered owner or by a person authorized to have possession
of the motor vehicle under contract of use, service, storage or repair
is considered an abandoned vehicle and shall be reported by the garagekeeper
to the police department. If the notice to the owner or a lienholder
is returned by the post office unclaimed, notice by one publication
in one newspaper of general circulation in the area in which the vehicle
was left in storage is sufficient notice.
(b)
If a garagekeeper or storage facility acquires possession of a motor
vehicle for a purpose other than repair, the garagekeeper or storage
facility is entitled to towing, preservation, and notification charges
and to reasonable storage fees, in addition to storage fees earned
pursuant to contract for each day, up to a maximum of five days only,
until notification is mailed to the last known registered owner and
all lienholders of record as provided by this section. After such
notice is mailed, storage fees may continue until the vehicle is removed
and all accrued charges are paid. A garagekeeper who fails to report
the possession of an abandoned vehicle to the police department within
seven days after it becomes abandoned may no longer claim reimbursement
for storage of the vehicle.
(c)
The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle considered abandoned under the provisions of this section, shall follow the notification procedures provided by section 24.10.032, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee of $5.00 shall accompany the report of the garagekeeper to the police department. The fee of $5.00 shall be retained by the police department receiving the report and used to defray the cost of notification or other costs incurred in the disposition of an abandoned motor vehicle.
(d)
An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by section 24.10.062 shall be taken into custody by the police department and sold in the manner provided by section 24.10.063. The proceeds of sale under this section shall first be applied to the garagekeeper’s charges for servicing, storage and repair, but as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction, the police department shall retain two percent of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than $10.00. If the gross proceeds are less than $10.00, the department shall retain the $10.00 to defray expenses of custody and auction. Surplus proceeds remaining from an auction shall be distributed in accordance with section 24.10.063. An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by this division may be taken into custody by the police department and used for police department purposes.
(e)
Except for the termination or limitation of a claim for storage for
failure to report an abandoned motor vehicle, nothing in this section
may be construed to impair a lien of a garagekeeper under the laws
of this state.
(Ordinance adopting Code)
(a)
A person, firm, corporation or unit of government on whose property
or in whose possession is found any abandoned motor vehicle or a person
who is the owner of a motor vehicle whose title certificate is faulty,
lost or destroyed may apply to the state department of transportation
for authority to sell, give away, or dispose of the vehicle to a demolisher.
(b)
A person, firm, corporation or unit of government may dispose of
a motor vehicle to a demolisher if:
(1)
The abandoned motor vehicle is eight years of age or older;
(2)
The abandoned motor vehicle either has no motor or is otherwise totally
inoperable; or
(3)
The abandoned motor vehicle does not comply with applicable air pollution
emissions control related requirements required by state law;
(4)
The abandoned motor vehicle was authorized to be towed by a law enforcement
agency; and
(5)
The law enforcement agency approves the application; and
(6)
The person submits a fee of $2.00, unless the application is submitted
by a unit of government.
(Ordinance adopting Code)
(a)
A demolisher who purchases or otherwise acquires a motor vehicle to wreck, dismantle or demolish shall obtain a valid certificate of title, sales receipt or transfer document under section 24.10.063 and section 24.10.094, respectively, or certificate of authority from the person delivering the vehicle for demolition, but the demolisher is not required to obtain a certificate of title for the motor vehicle in the demolisher’s name. On demand of the department of transportation, the demolisher shall surrender for cancellation the certificate of title or authority. The department of transportation shall issue such forms and rules governing the surrender of auction sales receipts and certificates of title as are appropriate. The Certificate of Title Act (V.T.C.A., Transportation Code, chapter 501) governs the cancellation of title of the motor vehicle.
(b)
A demolisher commits an offense if the demolisher fails to keep an
accurate and complete record of a motor vehicle purchased or received
in the course of business in the manner provided by this subsection.
These records must contain the name and address of the person from
whom each motor vehicle was purchased or received and the date of
the purchase or receipt. The records shall be open for inspection
by the department of transportation or any police department at any
time during normal business hours. A record required by this subsection
must be kept by the demolisher for at least one year after the transaction
to which it applies. A demolisher who commits an offense under this
section is on conviction subject to a fine of not less than $100.00
or more than $1,000.00, a term of no less than ten days or more than
six months in county jail, or both fine and confinement.
(Ordinance adopting Code)
