(A) Vehicles for sale; prohibited near or along major thoroughfares.
(1) No person shall park on public or private property a motor vehicle, boat trailer, recreational vehicle, or camper (collectively called “vehicle” or “vehicles”) having displayed thereon any writing indicating that vehicle is for sale which is visible from any thoroughfare. This section does not prohibit the occasional display for sale by the registered owner of a vehicle on private property owned by that individual.
(a) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OCCASIONAL DISPLAY. No private property may be used for display of vehicles for sale for more than 14 consecutive days of any 180-day period without a permit issued by the city.
(b) A violation of this section shall constitute a Class C misdemeanor. The provisions of this section shall not apply to a vehicle parked in an area having both a certificate of occupancy issued by the city for the sale of vehicles and a license from the State Department of Transportation for the sale of vehicles at that location.
(2) In addition, the Mayor or his or her designee, or the Police Chief of the city, without consent of the owner or operator of a vehicle parked in violation of this section, is authorized to cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the owner’s or operator’s expense if:
(a) The owner or operator of the vehicle has received actual notice that the vehicle is in violation of this section and that it will be towed and stored at the vehicle owner’s or operator’s expense if it is not removed; or
(b) A conspicuous notice has been attached to the vehicle’s front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle, stating:
1. That the vehicle is parked in violation of this section;
2. That the vehicle will be towed and stored at the expense of the owner or operator if the vehicle is not removed from the area by a specified time and date, that time and date not being sooner than 12 hours after the notice is attached to the vehicle; and
3. A telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to locate the vehicle.
(3) In addition to the requirements of divisions (A)(2)(a) or (A)(2)(b) of this section, a notice must be mailed on the next business day after the vehicle is towed for a vehicle registered in this state, and no later than the fourteenth calendar day after the vehicle is towed for a vehicle registered outside this state, to the owner of the vehicle by certified mail, return receipt requested, to the last address shown for the owner according to the vehicle registration records of the State Department of Transportation or, if the vehicle is registered in another state, the appropriate agency of that state, stating:
(a) A description of the vehicle;
(b) That the vehicle was parked in violation of this section, with a description of the location where it was parked;
(c) That the vehicle was towed and stored at the expense of the owner or operator of the vehicle; and
(d) A telephone number that is answered 24 hours a day to enable the owner or operator to locate the vehicle.
(4) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS DAY. A Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any holiday observed by the city when city administrative offices are closed.
(B) Procedure for towing and storing vehicles.
(1) A towing company under contract with the city and that is insured against liability for property damages incurred in towing a vehicle, and after receiving authorization from the City Police Department, may, without the consent of an owner or operator of a vehicle, remove and store the vehicle, and any property on or in the vehicle, at a vehicle storage facility at the expense of the owner or operator, if the towing company has received a written statement from the Mayor or his or her designee that:
(a) The vehicle is parked in violation of this section; and
(b) The owner or operator of the vehicle has received actual notice that the vehicle is in violation of this section, or a conspicuous notice has been attached to the vehicle for the required period of time in compliance with division (A)(2) of this section.
(2) No later than the fifth calendar day after taking the vehicle into custody for a vehicle registered in this state and no later than the fourteenth calendar day after the vehicle is taken into custody for a vehicle registered outside this state, the towing company shall mail a written notice by certified mail, return receipt requested, to the last address shown for the owner and lienholder, if any, according to the vehicle registration records of the State Department of Transportation or, if the vehicle is registered in another state, the appropriate agency of that state, stating:
(a) A description of the vehicle;
(b) That the towing company is in possession of the vehicle as a result of it being towed;
(c) A description of where the vehicle was towed from and when it was towed to the towing company’s storage facility;
(d) That the city authorized the tow;
(e) The name and telephone number of the towing company and the address where the vehicle is stored and where it may be reclaimed;
(f) That the vehicle may be reclaimed upon presentation of proof of ownership and payment of towing, storage, and notification fees;
(g) The amount of the towing, storage, and notification fees; and
(h) That if the vehicle remains at the storage facility for 20 days or more after the date of the notice, unclaimed, the towing company will declare it to be abandoned. The failure to reclaim the vehicle shall be deemed a waiver of the owner’s and lienholder’s right, title, and interest in the vehicle and their consent to the sale of the vehicle at a public auction to be held on or after a specified date.
(3) (a) Notice by publication in a newspaper of general circulation in the city is sufficient notice under division (B)(2) of this section, if:
1. The identity of the last registered owner cannot be determined;
2. The registration has no address for the owner; or
3. The determination with reasonable certainty of the identity and address of all lienholders is impossible.
(b) The notice of publication must be published in the same period and contain the same information required by division (B)(2) of this section. The publication may contain a list of more than 1 vehicle.
(4) An owner or operator of the vehicle shall be entitled to the rights of owners of stored vehicles as set forth in Tex. Trans. Code, Chapter 685, as amended, which chapter is incorporated herein by reference.
(5) A towing company which tows a vehicle under this section shall be entitled to receive from the owner, operator, or lienholder the expense of towing and storage of the vehicle, including the costs of notification. These expenses shall be a priority lien against the vehicle and may be deducted from the sale of the vehicle at a public auction.
(6) If the vehicle is not reclaimed by the owner or lienholder, by paying the full expense of towing, storage, preservation, and notification within 20 days after the date of notification provided in divisions (B)(2) and (B)(3) of this section, then the owner and lienholder waive all rights and interests in the vehicle and consent to the sale of the vehicle by public auction. In that event, the towing company under contract with the city may sell the vehicle at public auction.
(7) The purchaser of a vehicle at a public auction:
(a) Takes title free and clear of all liens and claims of ownership;
(b) Shall receive a sale receipt from the City Police Department; and
(c) Is entitled to register the vehicle and receive a certificate of title.
(8) The towing company under contract with the city, from and after it is authorized to tow the vehicle by the City Police Department as provided in division (B) of this section, shall be acting on behalf of the City Police Department. The towing company is entitled to reimbursement from the proceeds of the sale of a vehicle:
(a) The cost of the auction;
(b) The towing, preservation, and storage fees resulting from taking the vehicle into custody; and
(c) The cost of notice and publication.
(9) After deducting the reimbursement allowed under division (B)(8) of this section, the proceeds of the sale shall be held by the city for 90 days for the owner or lienholder of the vehicle. After that time period, proceeds unclaimed by the owner or lienholder shall be deposited in the city’s General Fund.
(Ord. 428, passed 10-14-1997) Penalty, see § 71.99