HomeMy WebLinkAboutOrdinance - 2011-O0009 - Impounding Uninsured Vehicles - 01/13/2011First Reading
January 13, 2011
Item No. 6.11
ORDINANCE NO. 2011-00009
Second Reading
January 27, 2011
Item No. 6.8
AN ORDINANCE AMENDING CHAPTER 20 (TRAFFIC) TO AMEND
ARTICLE 20.05, DIVISION 1, TO CREATE A SECTION 20.05.010 (IMPOUNDING
UNINSURED VEHICLES) OF THE CITY OF LUBBOCK CODE OF ORDINANCES,
AUTHORIZING A POLICE OFFICER TO IMPOUND A MOTOR VEHICLE
INVOLVED IN A COLLISION OR STOPPED FOR A TRAFFIC LAW VIOLATION
IF THE VEHICLE'S OWNER OR OPERATOR FAILS TO SHOW EVIDENCE OF
FINANCIAL RESPONSIBILITY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council finds that uninsured motorists are a significant
problem in the City of Lubbock, Texas; and
WHEREAS, owners or operators operating vehicles in the City of Lubbock are
required to establish financial responsibility and show evidence or proof of financial
responsibility to a requesting peace officer as required under Chapter 601 of the Texas
Transportation Code; and
WHEREAS, the City of Lubbock determines that the payment of administrative
fees and costs associated with the impoundment of vehicles shall not be construed as a
criminal penalty or fine.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 20.05.010 (Impounding Uninsured Vehicles) of the
City of Lubbock Code of Ordinances is created to read as provided herein:
20.05.010 Impounding Uninsured Vehicles
(1) A police officer is authorized to remove or cause to remove a vehicle from a
public street to a place designated by the chief of police when:
(a) The vehicle is involved in an accident and the vehicle's owner or operator
fails to show proof of established financial responsibility as required under
Chapter 601 of the Texas Transportation Code, as amended; or.
(b) The vehicle is stopped by a police officer for an alleged violation of a city
or state traffic law or other law applicable to the operation of a vehicle on
the roadway, and the vehicle's operator fails to show proof of established
financial responsibility as required under Chapter 601 of the Texas
Transportation Code, as amended.
(2) A vehicle removed and towed under this section must be kept at the place
designated by the chief of police until application for redemption is made by the
owner or the owner's authorized agent, who will be entitled to possession of the
vehicle upon payment of costs of towing, notification, impoundment, storage, and
upon showing proof of financial responsibility. Fees for vehicles impounded
under this section shall be in accordance with the currently active Wrecker
Service Contract.
(3) The chief of police or a designated representative may release a vehicle without
payment of fees if subsequent investigation results in a determination that there
was no violation of this codelo4 f the Texas Motor Vehicle Laws.
oQ Re
SECTION 2. THAT should any section, paragraph, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this __ ___ _ January 13A. 2011.
Passed by the City Council on second reading this _ January 27 , = . 2011.
TOM MARTIN, MAYOR
ATTEST:
Rebe ca fGarza, City Secretary
APPRO : AS' O CONTENT:
Paul R.Beane, District #4 Councilman
J' Gilbr
District #6 Councilman
OVED AS TO FORM:
Sam Medina, City Attorney
ORD-Amend Chapter 20-Impounding Uninsured Vehicles
12.30.10