Loading...
O-1491-4-97ORDINANCE NO. 1491-4-97 ' AN ORDINANCE OF THE CITY OF AMEN, COTLIN COUNTY, TEXAS, AMENDING CHAPTER 9, 'MOTOR VEHICLES AND TRAFFIC,OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS, BY ADDING AN ARTICLE XIV PROHIBITING THE PARKING OF VEHICLES FOR THE INTENT OF SALE NEAR OR ALONG MAJOR THOROUGHFARES; PROVIDING FOR PROCEDURES FOR TOWING AND STORAGE OF VEHICLES IN VIOLATION OF THIS ORDINANCE AT THE EXPENSE OF THE OWNER; PROVIDING FOR AN EXCEPTION WHERE THE VEHICLES ARE PARKED AT A LOCATION HAVING A CERTIFICATE OF OCCUPANCY FOR THE SALE OF VEHICLES HAVING A LICENSE FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE SAIF OF VEHICLES AT THAT LOCATION; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, the City Council of the City of Allen, Texas, finds that there is a proliferation of vehicles intended for sale being parked on public and private property near or along major thoroughfares; and WHEREAS, this practice has escalated to the point that these areas are becoming cluttered and unattractive; and, WHEREAS, the City Council hereby finds that such practice of offering vehicles for sale on public and private property near or along major thoroughfares has reached the level of constituting a public nuisance; and, WB ERFEAS, the City Council finds that it is in the public interest and will promote the public health, safety and welfare to adopt regulations prohibiting the parking of vehicles for sale near or along major thoroughfares on both public and private property; and, WHEREAS, the City Council further finds that it is in the public interest to provide for the towing and storage of vehicles in violation of this Ordinance at the expense of the owners or operators of said vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Chapter 9, "Motor Vehicles and Traffic," of the Code of Ordinances of the City of Allen, Texas, is hereby amended by adding an Article XIV to read as set forth hereinafter. SECTION 2 Vehicles for sale are prohibited near or along major thoroughfares. (a) No person shall park on public or private property a motor vehicle, boat, trailer, recreational vehicle or camper (collectively called "vehicle" or "vehicles") having displayed thereon any writing indicating such vehicle is for sale which is visible from a major thoroughfare. The term major thoroughfare is defined as any roadway shown on the City of Allen Thoroughfare Plan as a present or future thoroughfare and any service road for an expressway. This section does not ' prohibit the occasional display for sale by the registered owner of a vehicle on private property owned by that individual. A violation of this ordinance shall constitute a class C misdemeanor. The provisions of this ordinance shall not apply to a vehicle parked in an area having both a certificate of occupancy issued by the City of Allen for the sale of vehicles and a license from the Texas Department of Transportation for the sale of vehicles at that location. (b) In addition, the City Manager or his designee may, after receiving authorization from the Allen Police Department, without the consent of the owner or operator of a vehicle parked in violation of this ordinance, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the owner's or operator's expense ift (1) The owner or operator of the vehicle has received actual notice that the vehicle is in violation of this ordinance and that it will be towed and stored at the vehicle owner's or operator's expense if it is not removed; or, (2) A conspicuous notice has been attached to the vehicle's front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle stating: (i) That the vehicle is parked in violation of this ordinance; (ii) That the vehicle will be towed and stored at the expense of the owner or operator of the vehicle if it is not removed from the area by a spectbed time and date, such time and date not being sooner than eight (S) hours after the notice is attached to the vehicle; and, (iii) A telephone number that is answered twenty-four (24) hours a day to enable the owner or operator of the vehicle to locate the vehicle. (c) In addition to the requirements of subparagraphs (b)(1) or (b)(2) of this section, a notice must be mailed on the next business day after the vehicle is towed for a vehicle registered in the State of Texas and no later than the fourteenth (14th) calendar day after the vehicle is towed for a vehicle registered outside the State of Texas to the owner of the vehicle by certified mail, return receipt requested to the last address shown for the owner according to the vehicle registration records of the Texas Department of Transportation, or if the vehicle is registered in another ' state, the appropriate agency of that state, stating: (1) A description of the vehicle; (2) That the vehicle was parked in violation of this ordinance with a description of the location where it was parked; (3) That the vehicle was towed and stored at the expense of the owner or operator of the vehicle; and, (4) A telephone number that is answered 24 hours a day to enable the owner or operator to locate the vehicle. (d) Business Day is defined as a Monday, Tuesday, Wednesday, Thursday or Friday excluding any holiday observed by the City of Allen where City Administrative offices are closed. SECTION 3: Procedure for towing and storing vehicles. (a) Prior to towing a vehicle parked in violation of this section, the City Manager or his designee shall receive authorization from the Allen Police Department which will take into custody the vehicle through a towing company under contract with the City of Allen. (b) A towing company under contract with the City of Allen and that is insured against liability for property damages incurred in towing a vehicle and after receiving authorization from the Allen Police Department may, without the consent of an owner or operator of a vehicle, remove and ' store the vehicle, and any property on or in the vehicle, at a vehicle storage facility at the expense of the owner or operator if the towing company has received a written statement from the City Manager or his designee that: Ordinance No. 1491-4-97 Page 2 (1) The vehicle is parked in violation of this section; and, (2) The owner or operator of the vehicle has received actual notice that the vehicle is in violation of this ordinance, or a conspicuous notice has been attached to the vehicle for the required period of time in compliance with subsection 2(c) above. (c) No later than the fifth (5th) calendar day after taking the vehicle into custody for a vehicle registered in the State of Texas and no later than the fourteenth (14th) calendar day after the vehicle is taken into custody for a vehicle registered outside the State of Texas, the towing company shall mail a written notice by certified mail, return receipt requested, to the last address shown for the owner and lienholder, if any, according to the vehicle registration records of the Texas Department of Transportation, or if the vehicle is registered in another state, the appropriate agency of that state, stating. (1) A description of the vehicle; (2) That the towing company is in possession of the vehicle as a result of it being towed; (3) A description of where the vehicle was towed from and when it was towed to the towing company's storage facility; (4) The City of Allen authorized the tow; (5) The name and telephone number of the towing company and the address where the vehicle is stored where it may be reclaimed; (6) A statement that the vehicle may be reclaimed upon presentation of proof of ownership and payment of towing, storage and notification fees; (7) The amount of the towing, storage and notification fees; and (8) A statement if the vehicle remains at the storage facility for twenty (20) days or more after the date of the notice, unclaimed, the towing company will declare it to be abandoned. Such failure to reclaim the vehicle shall be deemed a waiver of the owner's and lienholder's right, title and interest in the vehicle and their consent to the sale of the vehicle at public auction to be held on or after a specified date. (d) Notice by publication in a newspaper of general circulation in the City of Allen is sufficient notice under subsection (c) above if. (1) The identity of the last registered owner cannot be determined; (2) The registration has no address for the owner, or (3) The determination with reasonable certainty of the identity and address of all lienholders is impossible. The notice of publication must be published in the same time period and contain the same information required by subsection (c) above. The publication may contain a list of more than one vehicle. (e) An owner or operator of the vehicle shall be entitled to the rights of owners of stored vehicles as set forth in Chapter 685 of the Texas Transportation Code, as amended, which Chapter is incorporated herein by reference. (f) A towing company which tows a vehicle under this ordinance shall be entitled to receive from the owner, operator or lienholder the expense of towing and storage of the vehicle, including the OrdinanceNo. 1491-4-9'/ Page 3 cost of notification. Such expenses shall be a priority lien against the vehicle and may be deducted from the sale of the vehicle at a public auction. ' (g) If the vehicle is not reclaimed by the owner or lienholder, by paying the full expense of towing, storage, preservation and notification within twenty (20) days after the date of notification provided in subsections (c) or (d) above, then the owner and lienholder waive all rights and interests in the vehicle and consent to the sale of the vehicle by public auction. In such event, the towing company under contract with the City of Allen may sell the vehicle at a public auction. (h) The purchaser of a vehicle at a public auction: (1) Takes title free and clear of all liens and claims of ownership; (2) Shall receive a sales receipt from the Allen Police Department; and (3) Is entitled to register the vehicle and receive a certificate of title. (i) The towing company under contract with the City of Allen from and after it is authorized to tow the vehicle by the Allen Police Department as provided in subsection (a) above shall be acting on behalf of the Allen Police Department. Such towing company is entitled to reimbursement from the proceeds of the sale of a vehicle: (1) The cost of the auction; (2) The towing, preservation and storage fees resulting from taking the vehicle into custody; and (3) The cost of notice or publication. (j) After deducting the reimbursement allowed under subsection (i) above, the proceeds of the sale shall be held for ninety (90) days for the owner or lienholder of the vehicle. After such time period proceeds unclaimed by the owner or lienholder shall be deposited in a City of Allen account that may be used for the payment of auction, towing, preservation, storage, notice and publication fees resulting from taking other vehicles into custody under this Ordinance if the proceeds from the sale of the other vehicles are insufficient to meet those fees. The City of Allen may transfer funds in excess of ONE THOUSAND DOLLARS ($1,000.00) from the account to the City's General Revenue Account to be used by the Allen Police Department. SECTION 4: All ordinances of the City of Allen 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 herewith shall remain in full force and effect. SECTION 5: Any violation of the provisions of this ordinance shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) and each day such violation shall continue shall constitute a separate offense. SECTION & It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 7: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. OrdinanceNo. 1491-4-97 Page 4 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 17th DAY OF April , 1997. FV�441 • /a� David Kerr, MAYOR PRO TEM APPROVED AS TO FORM: ATTFSr: A.-VosJ-48Wdtr, CITY ATTORNEY JMly M~11, CMCCITY SECRETARY Ordinance No. 1491-4-97 Page 5