§ 29-244. Impoundment of standing or parked vehicles—Generally.

(a)

Any vehicle which shall be or remain standing or parked upon any public street, avenue, way, alley or other public place may be removed by or upon order of the chief of police, and placed in storage in a privately operated garage or other place designated or maintained by the city under the following circumstances:

(1)

When any vehicle is found upon a street, avenue, alley, way or public place and a report has been previously made that such vehicle has been stolen or complaint has been filed and a warrant issued thereon charging that such vehicle has been stolen or converted in violation of law.

(2)

When any police officer of the city has reasonable grounds to believe that any vehicle has been abandoned.

(3)

When a police officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is or may be required by law to take the one arrested immediately before a magistrate, or if the arrested one is immediately taken before a magistrate, and when the arrested one is the sole occupant or the owner of the vehicle and is immediately placed in custody.

(4)

When a vehicle is so disabled that its normal operation is impossible or impractical and the persons in charge of the vehicle are incapacitated by reason of physical injury or other causes to such an extent as to be unable to provide for its removal or custody, or cannot be found or are not in the immediate vicinity of such vehicle.

(5)

When such vehicle is left unattended upon any bridge, viaduct or causeway, or in a tunnel or tube and constitutes an obstruction to traffic.

(6)

When any such vehicle is illegally parked so as to block the entrance to any private driveway and it is impracticable to move such vehicle from in front of the driveway to any other point on the highway.

(7)

When any vehicle constitutes a hazard, or interferes with the normal function of a governmental agency, or by reason of any catastrophe, emergency or unusual circumstance the safety of the vehicle is imperiled.

(8)

When any vehicle is left standing or parked unattended for more than forty-eight (48) hours in violation of any applicable section of this Code, state law or city ordinances, rules or regulations; provided, however, that in the event such vehicle is parked or standing immediately in front of or immediately adjacent to property owned by the owner of such vehicle, or property rented by such owner, before such vehicle shall be removed, the owner thereof shall be given written notice after the expiration of forty-eight (48) hours and shall be given an additional twenty-four (24) hours to remove or cause to be removed such vehicle. Such written notice may be given by depositing the same in the United States mail, addressed to the owner at the address given on the registration receipt of the vehicle or his last known address.

(b)

In order to obtain possession of a vehicle stored under the provisions of this section, the claimant must produce satisfactory evidence of ownership or right to possession within thirty (30) days from the date of such storage and, in addition thereto, must pay all charges for storage and removal of such vehicle in addition to any fine.

(c)

If a vehicle removed under this section is not claimed within thirty (30) days from the date of storage, the same may be sold by the city or the garage where the same is stored for storage charges as provided by law.

State law reference

Removal of illegally parked vehicles, V.T.C.A., Transportation Code § 545.305.

Cross reference

Junked vehicles, § 14-51 et seq.