§ 19-396. Removing wrecked or abandoned vehicles on public streets, ways or other public property.

(a)

In the interest of public safety, it shall be unlawful for any person or towing company, on the public street and ways of the city to knowingly respond for the purpose of moving, towing, hauling, debris or hazardous material cleanup, or otherwise transport in, on or over the public streets and ways of the city any vehicle which has been involved in a collision on a public street, way or other public property, whether or not removed to private property following the collision, or any vehicle that requires towing and is on a public street, way or other public property, unless directed to do so by the chief of police or his designee.

(b)

In city parking lots or facilities, the city parking manager or his designee, the chief of police or his designee may impound or relocate to another location on the lot or facility, any vehicle that is blocking an entrance, exit, fire lane or otherwise obstructing access. Any charge for relocation shall be assessed against the vehicle owner. Any vehicle not authorized to be parked at a city facility shall be removed at the direction of the city parking manager or his designee.

(c)

Other motor vehicles on public streets, ways or public property may be removed only with the express consent of the owner or operator, in compliance with V.T.C.A., Occupations Code § 2308.351 or at the direction of the director or his designee.

(d)

Any owner of a vehicle whose vehicle has been towed from a public way, street or property at the direction of the chief of police or his designee, where it was necessary for the department to incur expense for the cleanup of hazardous waste and/or material, the owner of said vehicle shall be responsible for payment of the cost associated with the clean up.

(e)

The department shall have the right to retain any vehicle, to include but not limited to tractors and trailers, in its possession which belongs to said vehicle owner until the payment for all charges associated with the towing of the vehicle, to include but not limited to recovery and clean up fees, have been paid.

(Ord. No. 2013-01-31-0075, § 1(Att. I), 1-31-13)