(a) 
Title.
This article may be referred to as the towing of uninsured vehicles ordinance.
(b) 
Purpose.
This article is adopted so that the city may promote the public health, safety and general welfare of its citizens through the regulation of uninsured vehicles found within the corporate limits of the city.
(Ordinance 07-117, sec. I, adopted 2/13/07)
(a) 
General definitions.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases that are not defined below shall be given a common, ordinary meaning unless the context clearly requires otherwise. When consistent with the context, words used in the present tense shall include the future tense, words in plural numbers shall include singular numbers (and vice versa), and words in the masculine gender shall include the female gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
(b) 
Specific definitions.
Financial responsibility.
A current motor vehicle insurance policy meeting at least the state minimum amounts of liability as described in Texas Transportation Code, sections 601.071 through 601.088, or other forms of financial responsibility as described in Texas Transportation Code, sections 601.121 through 601.124.
Insurance/insured.
Motor vehicle insurance coverage on a specific motor vehicle at the level of liability insurance meeting at least the state minimum amounts as described in Texas Transportation Code, sections 601.071 through 601.088, or other means of coverage as described in Texas Transportation Code, sections 601.121 through 601.124.
Proof of financial responsibility.
A valid automobile insurance policy or policy card that lists the name of the insured or authorized drivers, the insured vehicle, the name of the insurance company, the company telephone number, the policy number, the beginning and expiration dates of coverage, and/or other information as required by law, or, in lieu of this information, any other document that proves financial responsibility as described in Texas Transportation Code, sections 601.121 through 601.124.
(Ordinance 07-117, sec. II, adopted 2/13/07)
(a) 
During the course of a traffic stop and/or any other incident wherein a peace officer for the city makes contact with the operator of a motor vehicle, upon request by the peace officer, the operator must provide proof of financial responsibility to the peace officer.
(b) 
In the event that the operator is without proof of financial responsibility, a citation may be administered to the operator.
(c) 
A peace officer has the discretion to arrest an operator of a vehicle if, in the exercise of his/her discretion, the officer determines it is appropriate to arrest the driver based upon the circumstances as presented to the peace officer at the time.
(d) 
Once the officer determines that the operator is without proof of financial responsibility, the officer may have the vehicle(s) impounded. A peace officer has discretion regarding the impoundment of such vehicle and may not impound the vehicle if he/she believes it is not in the best interest of the public or the operator.
(e) 
An officer may take appropriate steps to verify proof of financial responsibility. The officer may take, but is not limited to taking, the following actions:
(1) 
Contacting the operator’s purported insurance company or insurance agent to confirm whether coverage is in effect;
(2) 
Contacting a parent or guardian (if the operator is a minor) to confirm whether coverage is in effect; and/or
(3) 
Contacting the lienholder, if any, indicated on the vehicle’s title record to confirm whether coverage is in effect.
(f) 
As noted previously within this article, an officer may not impound a vehicle if it is shown not to be in the best interest of the public or the operator. Factors which may play a part in an officer making such a decision are, but not limited to, the following:
(1) 
Whether the operator and occupants appear to have an alternate means of safely leaving the location;
(2) 
The age of the operator and occupants of the vehicle;
(3) 
The physical and/or mental condition of the operator and occupants of the vehicle;
(4) 
The present demand for the resources of the officer(s) who would be involved in the impoundment; and
(5) 
Other general mitigating circumstances.
(Ordinance 07-117, sec. III, adopted 2/13/07)
(a) 
Motor vehicles impounded for failure to maintain financial responsibility will be towed at the owner’s expense. The wrecker company on call for the city police department will be responsible for the impoundment. Requests for private tows or for a specific wrecker company made by the operator will not be honored.
(b) 
When an officer decides that a vehicle will be impounded for violating the provisions of this article, the officer shall complete a vehicle inventory form, regardless of whether the operator was arrested or only issued a citation. Motor vehicles for which proof of financial responsibility has not been provided may not be released to another driver at the scene.
(Ordinance 07-117, sec. IV, adopted 2/13/07)
An officer shall make reasonable efforts to provide for the safety of the operator and any occupants once their vehicle has been impounded.
(Ordinance 07-117, sec. V, adopted 2/13/07)
If an officer investigates an accident where the operator shows the required proof of financial responsibility, and it is later determined that the proof was not valid and the motor vehicle was not covered at the time of the accident, the original investigating officer shall issue a citation.
(Ordinance 07-117, sec. VI, adopted 2/13/07)
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article and issued a citation shall face a fine not to exceed $500.00 in the event the operator is found guilty.
(Ordinance 07-117, sec. VII, adopted 2/13/07)