REMOVAL AND IMPOUNDMENT OF VEHICLES

Houston Code of Ordinances ch. 45, art. VIII

in effect

Houston Code of Ordinances § 45-201 Motor vehicle compounds.

Sec. 45-201. - Motor vehicle compounds. The city council shall establish and maintain one or more vehicle compounds to which all motor vehicles removed from the public streets, alleys, sidewalks and public ways, as provided in this article, shall be immediately taken and stored for protective custody. The motor vehicle compounds so established shall remain open seven days a week, 24 hours a day and an attendant shall be on duty at the compound at all times. Such attendants and such compounds shall be under the supervision and direction of the chief of police. (Code 1968, § 46-182; Ord. No. 79-1681, § 1, 10-2-79)

Houston Code of Ordinances § 45-202 General authority of police.

Sec. 45-202. - General authority of police. (a) Any police officer is hereby authorized to provide for the removal of a vehicle from a street or a public place to the nearest garage or other place of safety, or to a garage designated or maintained by the city, under the circumstances hereafter 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 street or highway. (3) When any vehicle is found upon a street 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 such vehicle has been abandoned. (5) When a vehicle upon a street 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 an 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 any vehicle is illegally parked in violation of any ordinance of the city and of the laws of the state not provided for in this section. (8) When any vehicle has remained illegally overparked at any parking meter for a period of time in excess of five times the minimum time limit which may be purchased from the parking meter where such motor vehicle is illegally overparked. (b) When any motor vehicle has been parked or left standing on the "prisoners' parking lot" located on the grounds of the Police Administration Building, 61 Riesner Street, a public place, for a period of five days, it shall be the duty of the police officer in charge of said "prisoners' parking lot" to give written notice to the owner or claimant, at his last known address, that if said motor vehicle is not removed, or caused to be removed from such parking lot within five days from the date of notice, the vehicle will be removed under the conditions and in the manner provided by this section. (c) Any police officer is hereby authorized to provide for the removal of any vehicle parked or standing in or on any portion of a street or highway when, in his opinion, 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. (d) To provide for the public safety and protection of motorists, a law enforcement officer is hereby specifically authorized to provide for the immediate removal of any vehicle: (1) Parked or standing in or on any portion of any freeway within the city limits; or (2) Parked or standing in or on any portion of a "restricted access lane," as that term is defined and used in section 45-336 of this Code, during the hours that access to such lane is so restricted. As used in this subsection, "freeway" means the entire public right-of-way of a limited-access or controlled-access highway, including controlled access roadway lanes, ramps, shoulders and unimproved areas, but excluding frontage or service roads. (e) A vehicle removed pursuant to subsection (d) may be taken: (1) As directed by the owner if the owner is present; (2) To a nearby site designated by the police chief for such purpose; or (3) To a vehicle storage facility. (Code 1968, § 46-183; Ord. No. 68-340, § 1, 3-5-68; Ord. No. 79-1214, § 2, 7-25-79; Ord. No. 93-514, § 106, 5-5-93; Ord. No. 04-497, § 4, 5-26-04)

Houston Code of Ordinances § 45-203 When removal required.

Sec. 45-203. - When removal required. (a) The police department shall remove from the public streets, alleys, sidewalks, and public ways of the city: (1) Any abandoned motor vehicle, as that term is herein defined; (2) Any motor vehicle which has remained unlawfully overparked at any parking meter for a period of time in excess of five times the minimum time limit which may be purchased from the parking meter where the motor vehicle is unlawfully overparked; (3) All other motor vehicles which are illegally parked in violation of any ordinance of the city or of the laws of the state not otherwise provided for. (b) An "abandoned motor vehicle," within the meaning of this article, shall be any motor vehicle standing, parked or remaining unattended on the public streets, alleys, sidewalks and public ways of the city for 48 or more continuous hours. (c) Any abandoned motor vehicle, any motor vehicle which shall remain overparked at a parking meter as provided in subsection (a)(2) above, and any other motor vehicle which is illegally parked, is hereby declared to be a detriment and a menace to traffic and shall be a nuisance per se. (Code 1968, § 46-184; Ord. No. 76-185, § 1, 2-10-76)

Houston Code of Ordinances § 45-204 Notice of removal.

Sec. 45-204. - Notice of removal. (a) Whenever an officer removes a vehicle from a street as authorized in this article, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage. (b) Whenever an officer removes a vehicle from a street under this article, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three days, then and in that event the officer shall immediately send or cause to be sent written report of such removal by mail to the state department of highways and public transportation in Austin, Texas, and shall file a copy of such notice with the proprietor of any authorized garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. (Code 1968, § 46-185)

Houston Code of Ordinances § 45-205 Fees to be paid.

Sec. 45-205. - Fees to be paid. No vehicle being stored at a city compound shall be released until all fees payable under this article have been paid or security therefor has been posted. (Ord. No. 91-1170, § 1, 8-14-91)

Houston Code of Ordinances § 45-206 Towing and storage charges when removed to city compound; redemption from compound.

Sec. 45-206. - Towing and storage charges when removed to city compound; redemption from compound. (a) There shall be a towing charge for the removal of each motor vehicle to a motor vehicle compound operated by the city. The amount of the towing charge shall be equal to the actual cost to the city of having the vehicle towed to the city compound. The actual charge shall be determined by reference to the contract between the city and the contractor providing the towing service for which the charge is incurred. In addition to the foregoing towing charge there shall be storage, preservation, notice, and related fees as authorized by section 8-193 of this Code to be imposed by privately operated storage lots. The chief of police shall cause the amount of the fees to be computed on the basis of actual costs of operation incurred or expected to be incurred in the operation of the compound; provided that no fee shall exceed the maximum amount authorized to be imposed by a privately operated storage lot for the same service under section 8-193 of this Code. The police chief or his authorized agent shall post a conspicuous notice at each city compound, which notice shall contain a listing of the current schedule of towing and storage charges. The city shall have a lien in the total amount of the towing charge and storage charge on all motor vehicles at the compound, which lien shall be prior and superior to any and all other liens and claims except those for ad valorem taxes. (b) Whenever the owner or the authorized agent of the owner of any motor vehicle, which has been removed from any public street, alley, sidewalk and public way of the city and which is stored at a city compound shall present himself at the compound and shall demand that motor vehicle, the attendant in charge shall satisfy himself that the person so claiming the motor vehicle is the true and lawful owner thereof or the authorized agent of the true and lawful owner thereof and is entitled to possession thereof. The attendant shall demand of the person proper identification and may require the display of a certificate of title to the motor vehicle and, upon being so satisfied and upon the owner's or his authorized agent's compliance with the provisions of subsection (c), below, the attendant shall deliver the motor vehicle to the owner thereof or the owner's authorized agent. The owner thereof or his authorized agent shall execute a receipt therefor, which receipt shall be made on a form prepared and furnished by the chief of police and the attendant shall issue to the owner or his authorized agent a receipt for the towing fee and the storage fee so collected. (c) In order to obtain release of his motor vehicle an owner or the authorized agent of an owner must: (1) Provide adequate proof to the attendant that he is the owner or the authorized agent of the owner of the vehicle which release he is seeking; (2) Post security in the amount of the towing charge and the accrued storage charge in the manner set out in subsection (d); (3) Post an appearance bond, in the manner prescribed in article V of chapter 16 of this Code, for the parking violation, if any, for which the motor vehicle was towed; and (4) Where the attendant has notice that the impounded vehicle was the subject of other citations for parking violations that have remained outstanding, where the current owner was the owner of record at the time of those violations, and where the attendant notifies the owner as to these outstanding violations, post an appearance bond for each and every one of those parking violations. (d) The security provided for in (c)(2) above may be in the form of cash, cashier's check, certified check, or money order. The receipt for the security, to be signed by the owner and chief of police or his agent, shall authorize the chief of police or his duly authorized agent to apply the security in satisfaction of the impounding charges specified above in the event the owner or operator or person charged with the violation leading to the impounding of the vehicle is found guilty of the charge, or enters a plea of guilty or nolo contendere to the charge, or shall forfeit any cash bail which may have been posted, or where a warrant for the arrest of the person has been issued because of his failure to appear in the municipal courts. In the event that trial results in a finding of not guilty, or the charge is dismissed, the security tendered for the release of the motor vehicle shall be refunded by the clerk of the municipal courts and the city shall assume the obligation to pay the towing fee. (Code 1968, § 46-187; Ord. No. 79-1681, § 2, 10-2-79; Ord. No. 91-1170, § 2, 8-14-91; Ord. No. 01-1079, § 6, 12-5-01; Ord. No. 04-497, § 4, 5-26-04; Ord. No. 2010-846, § 18, 11-3-2010)

Houston Code of Ordinances § 45-207 Payment of fine to compound attendant.

Sec. 45-207. - Payment of fine to compound attendant. (a) If the owner of a motor vehicle removed to a city compound under this article so desires, he may pay the minimum fine for such unlawful parking at the compound by leaving the amount shown for such unlawful parking on the reverse side of the ticket with the compound attendant. The attendant shall issue a receipt to the owner of such vehicle on a form of receipt furnished to him by the clerk of the municipal court, showing thereon that such fine is paid. All such fines so collected by the compound attendant shall be delivered to the clerk of the municipal court when called for by such clerk. (b) In the event that the owner of such motor vehicle does not desire to pay the amount of the fine at the compound, such owner may demand that such charge be heard before the municipal court of the city. (Code 1968, § 46-188)

Houston Code of Ordinances § 45-208 Compound records.

Sec. 45-208. - Compound records. It shall be the duty of the attendant at the city compound to keep a permanent and accurate up-to-date record of all motor vehicles brought to and stored at such compound. The record shall contain the type, make, license number, engine number, color and general description of all the motor vehicles brought to and stored at the compound and the month, date, year and hour each motor vehicle was delivered to the compound and such other information as directed by the chief of police. The disposition of each motor vehicle shall also be noted on such record. (Code 1968, § 46-189)

Houston Code of Ordinances § 45-209 Sale of unredeemed vehicles at compound—Generally.

Sec. 45-209. - Sale of unredeemed vehicles at compound—Generally. (a) Any motor vehicle stored at a city compound for a period of 60 days, the owner of which, whether known or not known, having failed or refused within such time to claim or reclaim such motor vehicle, shall be sold at public auction, as herein provided, to satisfy the towage and storage lien. (b) After a motor vehicle has been stored at a city compound for a period of 60 days, the chief of police shall prepare a list of all such motor vehicles so stored, giving the make, model, type, body style and other details and shall deliver such list to the director of the treasury department. All auctions of such motor vehicles shall be conducted under the supervision and direction of the director of the treasury department. (c) The director of the treasury department shall give 30 days' notice of the time and the place of the sale of such motor vehicles and a descriptive list of same to be offered for sale by posting such notice of sale at the courthouse door of Harris County, and at two other public places in the city, and a copy of such notice shall be sent by certified mail to the last known address of the owner of each vehicle so listed on the notice of sale, in the event the name of the owner is known to the director of the treasury department, or such name can be ascertained by him by the exercise of reasonable diligence. At the time and place so stated in such notice, each motor vehicle shall be offered for sale for cash at public auction and the director of the treasury department shall accept the highest bid for the motor vehicle. Each motor vehicle shall be sold separately. (d) The public auction for the sale of such motor vehicles shall be conducted at the compound or at any other place so designated by the director of the treasury department in such notice and shall be at the time designated in such notice, and all sales shall be final. (Code 1968, § 46-190)

Houston Code of Ordinances § 45-210 Same—Delivery of vehicle, bill of sale, etc., to purchaser; purchaser to pay fees necessary to secure title certificate.

Sec. 45-210. - Same—Delivery of vehicle, bill of sale, etc., to purchaser; purchaser to pay fees necessary to secure title certificate. Upon payment by the highest bidder to the director of the treasury department of the amount so bid for a motor vehicle sold pursuant to section 45-209 of this Code, such director shall deliver to such highest bidder such motor vehicle, together with a bill of sale therefor executed by such director in the name of the city. In addition thereto, such director shall furnish to the highest bidder all of the necessary documents required by the laws of the state in order that such bidder may secure a certificate of title therefor. All fees, transfer taxes and other charges for securing a certificate of title shall be paid by the purchaser. (Code 1968, § 46-191)

Houston Code of Ordinances § 45-211 Same—Records and reports.

Sec. 45-211. - Same—Records and reports. The director of the treasury department shall keep an accurate record of each motor vehicle sold under this article, the name and address of the purchaser, the price paid therefor, the date of sale and other information deemed necessary by the director. The director shall make a complete report in writing to the city controller of the time, place and manner of conducting such sale. (Code 1968, § 46-192)

Houston Code of Ordinances § 45-212 Same—Disposition of proceeds.

Sec. 45-212. - Same—Disposition of proceeds. (a) All funds received by the director of the treasury department from the sale of a motor vehicle under this article shall be delivered to the city controller who shall give his receipt therefor. (b) Out of the proceeds from the sale of a motor vehicle under this article, the city controller shall first apply such proceeds to the towage and storage lien of the city, which sum shall be placed to the credit of the general fund and shall thereafter be disbursed as the city council shall determine and direct. In the event the proceeds of such sale are in excess of the towage and storage lien, then the excess sum shall be deposited by the city controller in a separate fund and, upon demand being made by the true owner of such motor vehicle, the controller shall deliver such excess sum to such owner. If no demand is made by the true owner of such motor vehicle for such excess sum within two years from the date of the sale of such motor vehicle, such sum shall become the property of the city and the controller shall transfer such sum to the general fund to be used as the city council shall determine and direct. (Code 1968, § 46-193)

Houston Code of Ordinances § 45-213 Same—Disposition of vehicle not bid upon.

Sec. 45-213. - Same—Disposition of vehicle not bid upon. Any motor vehicle which has been offered for sale at public auction under this article, and for which no bid is received, shall be disposed of by the director of the treasury department in such a manner as he deems advisable and all such motor vehicles so disposed of in such manner shall be reported to the city controller in writing, together with amount received therefor and the date and manner of such disposition. (Code 1968, § 46-194)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH45TR_ARTVIIIREIMVEFetched: 10/26/2026