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HomeMy WebLinkAboutO-2347-11-04190 Wall �RCQikEYi3iOF ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ARTICLE I, CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, SECTION 9-13 OF THE CODE OF ORDINANCES TO AMEND THE REGULATIONS FOR THE REMOVAL AND STORAGE OF CERTAIN VEHICLES AND PROPERTY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, be and is hereby amended, by amending Section 9-13 in part to read as follows: "ARTICLE 1. IN GENERAL Sec. 9-13. Authority to remove vehicles and property; redemption; storage fees. (a) A police officer is authorized to remove or cause to be moved a vehicle from a highway to a place designated by the Chief of Police, if the vehicle: (1) is left unattended on a bridge, viaduct, or causeway or in a tube or tunnel and the vehicle is obstructing traffic; (2) is unlawfully parked and blocking the entrance to a private driveway; (3) has been reported as stolen, or is identified as having been in a warrant issued on the filing of a complaint; (4) is unattended and the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours; (5) is disabled so that the normal operation is impossible or impractical and the owner or person in charge of the vehicle is: a. incapacitated and unable to provide for the vehicle's removal or custody; or b. not in the immediate vicinity of the vehicle; (6) is disabled so that normal operation is impossible or impractical and the ' owner or person in charge of the vehicle does not designate a particular towing or storage company; (7) is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody; (8) is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or because of a catastrophe, emergency, or unusual circumstances is imperiled; or (9) is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or unusual circumstances is implied. (b) A vehicle removed pursuant to the provisions of this section shall be kept at the place designated by the Chief of Police until application for redemption is made by the owner or authorized agent, who will be entitled to possession of the vehicle upon payment of towing and storage fees established by resolution of the City Council from time to time. (c) The Chief of Police, or designee, is hereby authorized to establish rules and regulations to implement the provisions of this section. (d) The Chief of Police or designee may release a vehicle without payment of storage or towing 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; (2) a vehicle is owned by or belongs to an individual who is not a citizen of the United States, who does not permanently reside in the United States and who is entitled to diplomatic immunity; (3) subsequent investigation results in a determination that there was no violation of law or that the arrested person did not commit a criminal offense; or (4) where the Chief of Police has determined a public necessity, emergency or exigent circumstances exist in order to ensure safety of the public. (e) A police officer may remove personal property, without the consent of the owner or carrier of the property, from a roadway or right-of-way if the police officer determines that the property blocks the roadway or endangers public safety." SECTION 2. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the Code of Ordinances of the City of Allen, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. Ordinance No. 2347-11-04. Page 2 SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the ' municipal court of the City of Allen, Collin County, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500) for each offense; and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THLS THE 9TH DAY OF NOVEMBER, 2004. APPROVED: 41L 4� Stephen erre0, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY AITORNEY Shelley B. Gwrge,CITY SECRETSAY Ordinance No. 2347-11-04, Page 3