(A) Generally.
(1) 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 by or maintained by the city, under the following circumstances:
(a) 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;
(b) When any police officer of the city has reasonable grounds to believe that any vehicle has been abandoned;
(c) 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;
(d) 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;
(e) When any vehicle is left standing or parked unattended for more than 48 hours in violation of any applicable provision of this code, state law or city ordinance, rule or regulation; 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 48 hours and shall be given an additional 24 hours to remove or cause to be removed such vehicle. Such written notice may be given by depositing the same in the U.S. mail addressed to the owner at the address given on the registration receipt of the vehicle or his or her last known address.
(2) 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 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.
(3) If a vehicle removed under this section is not claimed within 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.
(`87 Code, § 17-292)
(B) Fees. The following fees shall be charged for the impoundment of any vehicle under the provisions of division (A) of this section, and the same shall be collected from the owner or driver of any vehicle before the release of such vehicle. The payment of the fees set out in this section shall not excuse such owner or driver from the charge of violating any applicable provision of this code, state law or city ordinance, rule or regulation.
(1) For taking and impounding any vehicle plus the actual cost of towing such vehicle $25.00
(2) If sold, for preparing advertisements of sale for such vehicle $5.00
(3) For selling such vehicle $5.00
(4) For posting notice of sale of such vehicle $5.00
(`87 Code, § 17-293)
(C) Liability of city. The provisions of division (A) of this section shall not be construed to relieve from or lessen the responsibility of any person who shall leave his or her vehicle parked on the streets of the city in such a manner that the same may be impounded; nor shall the city be held as assuming any such liability by reason of impounding or causing to be impounded such vehicle.
(`87 Code, § 17-294)
Statutory reference:
Removal of illegally parked vehicles, see Tex. Transportation Code, § 545.305