THE SALE OF USED MOTOR VEHICLES AT CERTAIN LOCATIONS

Houston Code of Ordinances ch. 40, art. XIX

in effect

Houston Code of Ordinances § 40-431 Definitions.

Sec. 40-431. - Definitions. As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: Motor vehicle has the meaning ascribed in Section 502.001 of the Texas Transportation Code, as amended from time to time. Police chief means the chief of the police department and any employees of the police department assigned by the chief to perform the duties prescribed in this article. Residence has the meaning ascribed in section 28-201 of this Code, as amended from time to time. (Ord. No. 06-29, § 2, 1-11-06)

Houston Code of Ordinances § 40-432 Motor vehicles for sale; penalties; towing

Sec. 40-432. - Motor vehicles for sale; penalties; towing (a) Except as provided in subsection (b) of this section, it shall be unlawful for any person to park a motor vehicle on public or private property having displayed thereon any writing indicating that such vehicle is for sale. (b) The provisions of this section shall not apply to: (1) A vehicle parked on private property having both a certificate of occupancy issued by the city and a license from the Texas Department of Transportation authorizing the sale of vehicles at that location; (2) A single vehicle legally parked on the premises of, or in the right-of-way immediately adjacent to a residence provided the vehicle is owned by or registered to the occupant of the residence; or (3) A vehicle that is parked on either public or private property adjacent to a building or location to which the vehicle owner has traveled to perform his normal course of business or employment or on a personal errand. (4) A vehicle located on private property that has affixed on the windshield a notarized statement from the property owner or authorized agent indicating that the vehicle owner has permission to sell the vehicle on the property. The notarized statement shall include the name, address and telephone number of the property owner or authorized agent. If the property owner is a partnership or corporation, the notarized statement shall include the name, address, and telephone number of one of the partners or one of the principals. (c) A violation of this section shall constitute a class C misdemeanor. (d) Subject to the provisions in subsection (e) of this section: (1) A vehicle parked on public property in violation of this section shall be subject to immediate removal; or (2) A vehicle parked on private property in violation of this section shall be subject to removal not sooner than two hours after the notice pursuant to section 40-433 of this Code is attached to the vehicle. (e) Prior to causing a vehicle to be removed pursuant to subsection (d), the police chief shall attempt to contact the individual whose phone number appears on the "for sale" sign of the vehicle by phone to provide an opportunity for that individual to remove the vehicle. If contact is made, the individual shall have one hour to remove the vehicle from that location after the police chief has contacted him regarding the violation. (Ord. No. 06-29, § 2, 1-11-06)

Houston Code of Ordinances § 40-433 Notice procedures.

Sec. 40-433. - Notice procedures. The police chief may, without the consent of the owner or operator of a vehicle parked on private property in violation of this section, 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: (1) The police chief has mailed to the owner or operator of the vehicle 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 (2) The police chief has caused a conspicuous notice to be attached to the vehicle's front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle stating: a. That the vehicle is parked in violation of this section; b. That the vehicle will be towed and stored at the expense of the owner of the vehicle not sooner than two hours after the notice is attached to the vehicle; and c. A telephone number that is answered 24 hours a day to enable the owner of the vehicle to locate the vehicle. (Ord. No. 06-29, § 2, 1-11-06)

Houston Code of Ordinances § 40-434 Procedures for towing; contesting a tow.

Sec. 40-434. - Procedures for towing; contesting a tow. (a) All tows conducted pursuant to this article shall be performed in accordance with chapter 8 of this Code. (b) The owner or operator of a vehicle has the right to contest the towing of the vehicle under chapter 685 of the Texas Transportation Code. A hearing under chapter 685 shall be in the justice court having jurisdiction in the precinct in which the vehicle storage facility is located. (Ord. No. 06-29, § 2, 1-11-06)

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_CH40STSI_ARTXIXTHSAUSMOVECELOFetched: 10/26/2026