[1]
Editor’s note–Former article 8.02 pertaining to minors was repealed and deleted in its entirety by Ordinance 877 adopted 8/14/2023. Prior to the deletion, this article derived from the following: Ordinance 633 adopted 8/3/09; Ordinance 668 adopted 7/2/12; Ordinance 722 adopted 6/29/15; and Ordinance 824 adopted 7/10/17.
The following words, terms and phrases, when used in this article, shall have the following meanings:
Abandoned vehicles.
A motor vehicle is abandoned if the motor vehicle:
(1) 
Is inoperable, is more than five (5) years old, and has been left unattended on public property for more than forty-eight (48) hours;
(2) 
Has remained illegally on public property for more than forty-eight (48) hours;
(3) 
Has remained on private property without the consent of the owner or person in charge of the property for more than forty-eight (48) hours;
(4) 
Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than forty-eight (48) hours;
(5) 
Has been left unattended for more than twenty-four (24) hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority division of the Texas Department of Transportation or a controlled access highway.
Garage keeper.
An owner or operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of a motor vehicle.
Motor vehicle.
(1) 
Any motor driven or propelled vehicle required to be registered under the laws of this state;
(2) 
A trailer or semitrailer, other than manufactured housing, that has a gross vehicle weight that exceeds four thousand (4,000) pounds;
(3) 
A travel trailer;
(4) 
An off-highway vehicle, as defined by V.T.C.A., Transportation Code § 551A.001; or
(5) 
A motorcycle or moped that is not required to be registered under the laws of this state.
Outboard motor.
An outboard motor subject to registration under V.T.C.A., Parks and Wildlife Code ch. 31.
Storage facility.
A garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles.
Watercraft.
A vessel subject to registration under V.T.C.A., Parks and Wildlife Code ch. 31.
(Ordinance 886 adopted 4/8/2024)
(a) 
The provisions of subchapters A through D of V.T.C.A., Transportation Code ch. 683 et seq., and the provisions of this article are hereby adopted to establish a comprehensive and uniform procedure for the impounding, storage, use and sale of abandoned motor vehicles, watercraft and outboard motors within the city.
(b) 
The city's police department is authorized to take into custody any abandoned motor vehicle, watercraft or outboard motor found on public or private property. The police department may use personnel, equipment and facilities of the police department or other personnel, equipment, and facilities provided by contract with the city to remove, preserve, and store an abandoned motor vehicle, watercraft, or outboard motor taken into custody of the police department.
(Ordinance 886 adopted 4/8/2024)
The administration of this article shall be the responsibility of the police department, the code enforcement officer, or such department, officer or employee of the city designated by the city manager; provided that the chief of police, the code enforcement officer, or such other salaried full-time employee of the city as designated by the city manager is authorized to administer and supervise the procedures, sections and provisions of this article applying to abandoned and junk vehicles. Whoever is so authorized may enter upon private property for the purposes specified in this article to examine motor vehicles or parts thereof, obtain information as to the identity of motor vehicles, and remove or cause the removal of a motor vehicle or parts thereof declared to be a nuisance pursuant to this article. Upon request by the officer designated pursuant to this article, the municipal court may issue orders necessary to the enforcement of this article.
(Ordinance 886 adopted 4/8/2024)
(a) 
When information exists sufficient to permit notice of impoundment of an abandoned motor vehicle, watercraft, or outboard motor to the owner and lienholder, notice shall be given by mail to the registered owner and lienholder as follows:
(1) 
The police department shall send notice of abandonment to each registered owner and lienholder showing of record pursuant to the Certificate of Title Act, V.T.C.A., Transportation Code ch. 501, or, as applicable, V.T.C.A., Parks and Wildlife Code ch. 31.
(2) 
Such notice shall be given within ten days after the date the motor vehicle, watercraft or outboard motor is taken into custody, or the date the police department receives a report of abandonment.
(3) 
The notice shall be by certified mail, return receipt requested, specifying the year, make, model and identification number of the item, set forth the location of the facility where the item is being held, and inform the owner and any lienholder of the right to reclaim the item not later than the 20th day after the date of the notice on payment of all towing, preservation, storage and/or garage keeper charges.
(4) 
The notice shall state that the failure of the owner or lienholder(s) to exercise the right to reclaim the item within the time provided shall be deemed a waiver of all right, title, and interest in the item and their consent to the sale of the item 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 addresses of all lienholders, notice by one publication in a newspaper of general circulation in the city shall be made within ten days from the date the item was taken into custody, or from the date the report of abandonment was received. The published notice shall be sufficient if it contains the information otherwise required to be included in the notice by mail. A list of motor vehicles, watercraft or outboard motors may be included in the same publication.
(Ordinance 886 adopted 4/8/2024)
(a) 
Provided that a garage keeper's lien has not attached to the vehicle, if an abandoned motor vehicle has not been reclaimed as provided in section 8.02.004 hereof, the police department may use such abandoned motor vehicle for police department purposes if such use is cost-effective.
(b) 
If the police department discontinues use of the abandoned motor vehicle, the police department shall auction such abandoned motor vehicle as provided herein.
(Ordinance 886 adopted 4/8/2024)
(a) 
If an abandoned motor vehicle, watercraft or outboard motor has not been reclaimed within 20 days after the date of notice and payment of all towing, preservation and storage charges resulting from its impoundment, the police department shall sell the item at a public auction. Proper notice of the public auction shall be given and, in the event a vehicle is to be sold in satisfaction of a garage keeper's lien, the garage keeper shall be notified of the time and place of such auction.
(b) 
The police department shall furnish a sales receipt for each vehicle to the purchaser thereof at the public auction.
(c) 
The proceeds shall be applied first to reimburse the police department for the expenses of the auction, costs of towing, preserving and storing the vehicle, and all notice and publication costs, and any remainder from the proceeds of the 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 with the finance director which shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs which result from placing other abandoned vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet these expenses and costs. In the event the special fund on deposit with the finance director accumulates to in excess of $1,000.00, the city council may transfer the balance of such fund, that exceeds $1,000.00, to the general fund for use by the police department as budgeted.
(Ordinance 886 adopted 4/8/2024)
(a) 
The police department, upon receipt of a report from a garage keeper that a motor vehicle has been deemed abandoned pursuant to V.T.C.A., Transportation Code § 683.031 shall follow the notification procedures set forth in section 8.02.004 herein for the giving of notice to owners and lienholders of abandoned vehicles, except that custody of the vehicle shall remain with the garage keeper until after the notification requirements have been satisfied.
(b) 
Abandoned vehicles left in storage facilities which are not reclaimed after notice is given in accordance with this article shall be taken into custody by the police department and sold at auction as in the case of other abandoned motor vehicles. The proceeds of the sale shall first be applied to the garage keeper's charges for servicing, repair, and storage, provided the garage keeper properly notified the police department within seven days of the abandonment.
(c) 
The police department shall not take custody of a motor vehicle, watercraft, or outboard motor more than 31 days after the notices are sent according to section 8.02.004. After the 31st day, the storage facility having custody of the abandoned vehicle shall dispose of the vehicle pursuant to the requirements of V.T.C.A., Property Code ch. 70 as amended.
(Ordinance 886 adopted 4/8/2024)
The police department shall be entitled to charge and collect reasonable storage fees for abandoned and junked vehicles removed and stored pursuant to this article. Such fees shall be established by the city council and, absent the city council having established such fees, the police department. Such fees may be charged beginning the day the vehicle is taken into custody as follows: (1) for a period of up to ten days prior to the date of the mailing of written notice pursuant to this article; and (2) beginning on the day after written notice is mailed until the vehicle is reclaimed or disposed of pursuant to this article. If any such vehicle is stored with a garage keeper, the police department shall not charge an additional fee for any day that the garage keeper charges a fee.
(Ordinance 886 adopted 4/8/2024)
Nothing in this article shall affect statutes that permit immediate removal of vehicles left on public property that obstruct traffic or otherwise create an imminent threat to health and safety.
(Ordinance 886 adopted 4/8/2024)
(a) 
It shall be unlawful to do or perform any act prohibited by this article, and it shall be unlawful to fail to do or perform any act required under this article. An offense under this article is a misdemeanor punishable by a fine as provided in section 1.01.009 of this code. Upon conviction, the court shall order the removal and abatement of the nuisance. Each day in violation of any of the provisions hereof shall be considered a separate offense.
(b) 
It shall be unlawful for any person to knowingly or intentionally interfere with or attempt to prevent the physical impounding of any abandoned motor vehicle, watercraft or outboard motor by the police department or its delegate pursuant to the provisions of this article.
(Ordinance 886 adopted 4/8/2024)