§ 74.02. AUTHORITY TO IMPOUND VEHICLES.

(A)

Vehicles constituting a violation of a city ordinance, state law, or public nuisance: The chief of police or his designated representative or any police officer employed by the City of Kirby, may take into custody and impound such a vehicle.

(B)

Vehicles constituting a violation of city ordinance or poses a fire or safety hazard: The fire chief, the fire marshal, or their designated representatives may take into custody and impound such a vehicle.

(C)

A motor vehicle may be impounded with or without citation and without giving notice to its owner under the following circumstances:

(1)

When the vehicle is impeding or likely to impede the normal flow of vehicular or pedestrian traffic;

(2)

When in the judgment of a the chief of police, the fire chief, the fire marshal, or a police officer, the vehicle poses an immediate danger to the public safety;

(3)

When a police officer has probable cause to believe that the vehicle constitutes evidence of a crime, contains evidence of a crime, or was used in the commission of a crime, and the impoundment is reasonably necessary in such instance to obtain or preserve evidence;

(4)

When the person operating the vehicle or in physical control of the vehicle is taken into custody and the vehicle is impounded for safekeeping;

(5)

When the vehicle is parked in a handicapped zone when said vehicle does not properly display a handicapped parking permit, handicapped license plates, or disabled veteran license plates;

(6)

When the vehicle is parked in the right-of-way of a public roadway, when such rights-of-way have signs posted in accordance with applicable city ordinance or state law stating that parking is prohibited;

(7)

When the vehicle is obstructing firefighting operations or equipment;

(8)

When the vehicle is left, unattended, upon any bridge;

(9)

When the vehicle is illegally parked so as to block the entrance to any private driveway;

(10)

When the vehicle is found upon a street or private and a report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant issued charging that the vehicle has been unlawfully taken from the owner;

(11)

When a police officer has reasonable grounds to believe the vehicle has been abandoned;

(12)

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

(13)

When an officer arrests any person driving or in physical control of a motor vehicle for an alleged offense and the officers are, by law, required to take the arrested person immediately before a magistrate;

(14)

When the vehicle is standing, parked, or stopped in any portion of a street, and the officers have reason to believe that the vehicle constitutes a hazard or interferes with the normal function of a governmental agency or that the safety of the vehicle is imperiled;

(15)

When the vehicle is standing, stopped, or parked in violation of any parking ban regulations;

(16)

When the vehicle is standing, stopped, or parked in violation of any provision of this Chapter 74;

(17)

When the vehicle is involved in an accident and the driver, owner, operator, or person in control of the vehicle fails to show evidence of financial responsibility as required by law;

(18)

When 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 motor vehicle on a roadway and the vehicle's owner, driver, operator, or person in physical control of said motor vehicle fails to show evidence of financial responsibility as required under Chapter 601 of the Texas Transportation Code; or

(19)

When 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 motor vehicle on a roadway and the vehicle's owner, driver, operator, or person in physical control of said motor vehicle fails to produce a valid driver's license as required under Chapter 521 of the Texas Transportation Code.

( Ord. No. O-2018-835, § 1, 5-10-2018 )