HomeMy WebLinkAboutOrdinance - 2012-O0085 - Amending Chapter 20 To Amend 20.05 Division 1. - 08/09/2012First Reading
August 9, 2012
Item No. 5.6
ORDINANCE NO. 2012-0 ooss
Second Reading
August 23, 2012
Item No, 5.3
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 PENALTY; 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; and
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines
that it is in the best interest of the citizens of the City of Lubbock to make the following
amendments to Chapter 20 (Traffic) of the Code of Ordinances of the City of Lubbock.
NOW. THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, the Code of Ordinances, City of Lubbock, Texas is
hereby amended by adding a section, to be numbered 20.05.010, which said section reads
as follows:
Sec. 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 code or the Texas Motor Vehicle Laws.
SECTION 2. THAT, unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided by
Section 1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 3. THAT should any paragraph, section, 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 4. 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.
SECTION 5. THAT this Ordinance shall become effective, except as may
otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 9th day of ----August 2012
Passed by the City Council on second reading this 23rd day of August 2012.
~~P~EM
ATTEST:
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APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Amending LCO Chapter 20.05 010-Traffic (new caption)
07 17.12
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