§ 18-104. Impoundment of standing or parked vehicles.

(a)

A vehicle removed and towed under the authority of V.T.C.A. Transportation Code § 545.305 shall be kept at the place designated by the police department until application for redemption is made by the owner or his authorized agent or other person legally entitled to possession of the vehicle. The police department shall require adequate proof of ownership or proof of the right to possession of the vehicle. The fees set forth below are also applicable to vehicles towed by towing companies pursuant to chapter 23, article IV, of this Code of Ordinances. The fees for towing and storage of vehicles are as follows:

(1)

Towing fees. The towing fee shall be one hundred forty-five dollars ($145.00).

(2)

Storage fees. Storage fees for any vehicle twenty-five (25) feet in length or less shall be twenty dollars ($20.00) per day, or any part of a day, after the first twenty-four (24) hours. Storage fees for any vehicle more than twenty-five (25) feet in length shall be thirty-five dollars ($35.00) per day, or any part of a day, after the first twenty-four (24) hours.

(3)

Impound fee. The impoundment fee shall be twenty dollars ($20.00) and may be assessed pursuant to V.T.C.A. Occupations Code § 2303.155.

(4)

Notification fee. The notification fee for any towed vehicles registered in the State of Texas shall be fifty dollars ($50.00) and shall be charged to the registered owner of the vehicle. Notification will be sent to the vehicle's last registered owner and all recorded lienholders by certified or registered mail no sooner than twenty-four (24) hours after receipt of the vehicle and no later than five (5) days after receipt of the vehicle.

(5)

Fee for dollies. If dollies are used to tow a vehicle, a fee of thirty dollars ($30.00) may be charged.

(6)

Miscellaneous fees. Unless specifically listed by local rules established under the authority of the director given to him by section 23-82 of Ordinance 2006-174, any miscellaneous tow service fees should be listed with the Texas Department of Transportation.

(b)

Whenever the police department takes into custody a vehicle removed from the streets under the authority of this section, it shall attempt to ascertain the name and last known address of the registered owner as provided by the state department of highways and public transportation, and if the vehicle impounded has not been reclaimed within twenty-four (24) hours of the time of its impoundment, the police department shall notify, by certified mail, return receipt requested, the last known owner of the vehicle and all lienholders of record pursuant to the Certificate of Title Act, Vernon's Ann. Civ. St. art. 6687-1, that the vehicle has been taken into custody. The notice shall be as provided in section 20-43 of this Code.

(c)

It shall be unlawful for any person to remove or attempt to remove a vehicle from a city pound location without first paying the towing and storage fees which have accrued on the vehicle.

(d)

Upon payment of all towing and storage fees, a vehicle impounded by the police department pursuant to the enforcement of the provisions of this Code may be released to the lienholder or his authorized agent holding a valid and existing mortgage lien on the vehicle impounded, provided the mortgage lienholder complies with the following requirements:

(1)

Furnish the police department, for its inspection:

a.

The mortgage lien contract or a certified copy thereof specifying that upon default of the mortgagor the mortgagee is entitled to possession of such vehicle;

b.

The certificate of title with the lien appearing thereon.

(2)

Furnish to the police department an affidavit stating that he holds a lien on the vehicle impounded, that the mortgagor has defaulted, that the mortgage lienholder desires possession and is entitled to possession of such vehicle under a valid court order and agrees to indemnify and hold harmless the city, its police department and its employees or agents upon delivery to him of the vehicle.

(e)

The city shall refund all towing and storage fees to the registered owner or lienholder or other person legally entitled to possession of the vehicle if the municipal court or other court of competent jurisdiction determines that the impoundment of the vehicle was improper. Application for a refund shall be on forms prepared by the city attorney's office.

(f)

When a vehicle is authorized to be towed away, the police department shall keep and maintain a record of the vehicle towed, listing the color, year, make, model, vehicle identification number and license plate number and year displayed on the vehicle. The record shall also include the date of tow, by what commercial towing service, location towed from, location towed to, reason for towing, the name of the officer authorizing the tow and copies of all notices to owners or lienholders.

(Code 1966, § 24-131(c), (d), (f), (h)—(j); Ord. No. 90-160, §§ I, II, 10-16-90; Ord. No. 99-310, § 1, 9-7-99; Ord. No. 2004-074, § 1, 3-23-04; Ord. No. 2006-272, § 1, 9-26-06; Ord. No. 2015-386, § 1, 12-15-15)

State law reference

Removal of illegally parked vehicles, Vernon's Ann. Civ. St. art. 6701d, § 94.