§ 21-142. Removal, impoundment of illegally parked, disabled, etc., vehicles generally.

(a)

Whenever any police officer finds a vehicle parked, stopped or standing in violation of any of the provisions of this chapter, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same.

(b)

Any police officer is hereby authorized to remove a vehicle from a highway to the nearest garage or other place of safety or to a garage designated or maintained by the governmental agency of which the officer is a member, under the circumstances hereinafter enumerated:

(1)

When any vehicle is left unattended upon any bridge, viaduct or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic.

(2)

When any vehicle is illegally parked so as to block the entrance to any private driveway and it is impracticable to move such vehicle from in front of the driveway to another point on the highway.

(3)

When any vehicle is found on a highway and report has previously been made that such vehicle has been stolen or complaint has been filed and a warrant thereon issued charging that such vehicle has been embezzled.

(4)

When any such officer has reasonable grounds to believe that any vehicle has been abandoned.

(5)

When a vehicle upon a highway is so disabled that its normal operation is impossible or impractical and the person in charge of the vehicle is incapacitated by reason of physical injury or other reason to such extent as to be unable to provide for its removal or custody, or is not in the immediate vicinity of the disabled vehicle.

(6)

When an officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is by this Code or other law required to take the person arrested immediately before a magistrate.

(7)

When, in the opinion of the police officer, the vehicle constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency or unusual circumstance the safety of the vehicle is imperiled.

(c)

Any vehicle parked in violation of this Code or other ordinances of the city may be removed and impounded by the police department and an impounding fee of five dollars ($5.00) assessed against and collected from the owner or driver of the vehicle. The payment of this impounding fee shall not excuse such owner or driver of the vehicle from the charge of violating this Code or such other ordinance.

(Ord. No. 203, §§ 118, 119)

State law reference

Vehicle removal, V.T.C.A., Transportation Code § 545.305 et seq.