(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)