IMPOUNDMENT OR IMMOBILIZATION OF MOTOR VEHICLE FOR UNPAID PARKING CITATIONS.

Austin City Code tit. 12, ch. 12-5, art. 4

in effect

Austin City Code § 12-5-81 CONDITIONS AUTHORIZING IMMOBILIZATION OR IMPOUNDMENT.

§ 12-5-81 - CONDITIONS AUTHORIZING IMMOBILIZATION OR IMPOUNDMENT. (A) The procedures in this article apply to parking violations adjudicated in accordance with Article 3 (Administrative Adjudication of Parking Violations). (B) A motor vehicle may be immobilized if the owner or operator of the motor vehicle has accumulated three or more unpaid parking violation fines. (C) A motor vehicle may be impounded immediately if the owner or operator of the motor vehicle has accumulated three or more unpaid parking violation fines within a calendar year. (D) A hearing officer shall determine if a motor vehicle is subject to impoundment or immobilization under this chapter. (E) If a hearing officer determines that a motor vehicle is subject to impoundment or immobilization, the hearing officer shall send a written notice of the opportunity for a hearing before a written order to impound or immobilize the motor vehicle is issued. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-82 NOTICE REQUIREMENTS.

§ 12-5-82 - NOTICE REQUIREMENTS. (A) Notice shall be sent to the last known registered owner of the motor vehicle, unless the municipal court has been advised that the motor vehicle was sold prior to the violation date. (B) If the municipal court has been advised that the motor vehicle was sold prior to the violation date, as set forth in Section 12-5-57(B)(3) and (4), notice shall be sent to the individual who purchased, or assumed ownership of the motor vehicle from the last known registered owner of the motor vehicle. (C) Notice may be sent by regular mail to: (1) The address of the owner listed on the motor vehicle registration; or (2) Another address determined by the municipal court clerk to be more current. (D) Notice to the owner may be delivered in person or by electronic means. (E) A notice under this section shall include: (1) The license plate number of the motor vehicle; (2) The name of the registered owner or person to whom the motor vehicle was transferred prior to the violations if known; (3) A list of all unpaid parking violation fines; (4) The amount of the fine assessed for each violation and the total amount for all unpaid fines, costs, and fees; (5) A statement that the registered owner of the motor vehicle or person to whom the motor vehicle was transferred prior to the violations, if known, is responsible for all charges and costs incurred in providing notice, impounding, or immobilizing the motor vehicle and storage fees, in addition to all amounts assessed for the accumulated parking violations; and (6) A statement summarizing the method to request a hearing under Section 12-5-83 (Hearing Before a Hearing Officer Regarding Impoundment or Immobilization of Motor Vehicle; Issuance of Order). Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-83 HEARING BEFORE A HEARING OFFICER REGARDING IMPOUNDMENT OR IMMOBILIZATION OF MOTOR VEHICLE; ISSUANCE OF ORDER.

§ 12-5-83 - HEARING BEFORE A HEARING OFFICER REGARDING IMPOUNDMENT OR IMMOBILIZATION OF MOTOR VEHICLE; ISSUANCE OF ORDER. (A) The only issue at a hearing held under this section is whether the motor vehicle may be impounded or immobilized under Section 12-5-81 (Conditions Authorizing Immobilization or Impoundment). (B) A person may request a hearing before a hearing officer to contest impoundment or immobilization of a motor vehicle. (C) A request for a hearing under this section must be submitted in writing to the municipal court clerk not later than the 20th business day after the date on the notice of impoundment or immobilization. (D) A failure to timely request or appear at a hearing under this section waives any objection to the proposed impoundment or immobilization of the motor vehicle. (E) The hearing officer shall issue an order of impoundment or immobilization if: (1) A person does not timely request a hearing under this section; (2) A person does not appear at a scheduled impoundment or immobilization hearing; or (3) A hearing officer determines at the hearing that the motor vehicle is subject to impoundment or immobilization. (F) An impoundment order and an immobilization order must include the information described in Subsection 12-5-82 (Notice Requirements). (G) If a hearing is requested and held, the hearing officer shall provide the signed order of immobilization or impoundment at the hearing or make arrangements at the hearing to have it mailed. (H) If a hearing is not requested, a signed order of immobilization or impoundment will be provided upon request and at no cost to a party to the case. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-84 STAY OF IMPOUNDMENT OR IMMOBILIZATION ORDER.

§ 12-5-84 - STAY OF IMPOUNDMENT OR IMMOBILIZATION ORDER. (A) A person whose motor vehicle has been ordered to be impounded or immobilized may petition a hearing officer to stay the execution of the order. (B) The hearing officer may impose conditions on a stay issued under this section, including a requirement that the person pay: (1) All accumulated civil fines, costs, and fees by a deadline specified in the stay; or (2) A specified portion of the accumulated civil fines, costs, and fees at designated intervals. (C) A person whose motor vehicle has been ordered to be impounded or immobilized by a municipal judge before December 10, 2001, may petition a municipal court judge to stay the execution of the order. The judge may impose conditions on a stay issued under this section, including a requirement that the person pay: (1) All accumulated civil fines, costs, and fees by a deadline specified in the stay; or (2) A specified portion of the civil fines, costs, and fees at designated intervals. (D) A stay will be lifted and the motor vehicle impounded or immobilized without further notice if a person fails to comply with stay issued under this chapter. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-85 INTERFERENCE WITH IMPOUNDMENT OR IMMOBILIZATION PROHIBITED.

§ 12-5-85 - INTERFERENCE WITH IMPOUNDMENT OR IMMOBILIZATION PROHIBITED. (A) A person may not knowingly, intentionally, or recklessly obstruct, prevent, hinder, or interfere with a person executing an order of impoundment or immobilization. (B) A person may not tamper with, deface, damage, or attempt to remove an immobilization device when it has been installed. (C) An offense under this section is a Class C misdemeanor. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-86 EXECUTION OF IMPOUNDMENT ORDER.

§ 12-5-86 - EXECUTION OF IMPOUNDMENT ORDER. (A) An impoundment order is executed when the motor vehicle identified in the order is seized, removed to, and stored at an authorized motor vehicle depository. (B) A motor vehicle subject to an impoundment order and located on private property with the consent of the property owner may not be impounded. (C) An impoundment order may be executed by: (1) A certified peace officer; (2) A city parking enforcement officer; or (3) An employee designated by the municipal court clerk. (D) If it is necessary for a person executing an order of impoundment to enter a motor vehicle to effectuate its impoundment, entry into the motor vehicle shall be made by or in the presence of a certified peace officer. An inventory of the motor vehicle shall be conducted by or in the presence of certified peace officer who shall sign the inventory. (E) The person executing an order of impoundment shall promptly notify the municipal court clerk or designee of the date and time of the impoundment. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-87 EXECUTION OF IMMOBILIZATION ORDER.

§ 12-5-87 - EXECUTION OF IMMOBILIZATION ORDER. (A) An immobilization order is executed when a device designed to restrict the normal movement of the motor vehicle has been installed or attached. (B) An immobilization order may be executed by: (1) A certified peace officer; (2) A city parking enforcement officer; or (3) An employee designated by the municipal court clerk. (C) At the time of immobilization, the person executing the order of immobilization shall attach to the motor vehicle a conspicuous written notice, on a form provided by the City, that includes the following information: (1) Notice that the motor vehicle has been immobilized under a court order and that attempted movement may cause damage to the motor vehicle; (2) Notice that it is unlawful for any person to tamper with, deface, damage, or attempt to remove an immobilization device when it has been installed; (3) Instructions to obtain a release of the motor vehicle; (4) Notice that the motor vehicle will be towed and impounded if the owner or a person authorized to act on behalf of the owner does not obtain a release of the motor vehicle from the municipal court by 6:00 p.m. the day the motor vehicle has been immobilized; and (5) Notice that if the motor vehicle is towed and impounded, the owner shall be responsible for payment of applicable fees for towing, impoundment, and storage in addition to the civil fines, costs, and fees under this chapter. (D) This section does not restrict or limit the right to tow and impound motor vehicles under other applicable law. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-88 RECLAMATION OF AN IMPOUNDED OR IMMOBILIZED MOTOR VEHICLE.

§ 12-5-88 - RECLAMATION OF AN IMPOUNDED OR IMMOBILIZED MOTOR VEHICLE. (A) The owner or other person with legal right of possession of a motor vehicle that has been impounded or immobilized under an order may reclaim the motor vehicle by: (1) Presenting evidence satisfactory to the municipal court clerk that establishes ownership or right of possession, and (2) Paying in full accumulated civil fines, costs, and fees. (B) If the owner or other person with legal right of possession cannot provide payment in full, the person may appear before a hearing officer to arrange to pay: (1) All accumulated civil fines, costs, and fees at some later date; or (2) A specified portion of the accumulated civil fines, costs, and fees at designated intervals. (C) If the owner or other person with legal right of possession has paid, or arranged to pay, the accumulated civil fines, costs and fees, the owner or other person may reclaim the impounded motor vehicle or have the immobilization device removed. (D) The municipal court clerk may issue a written order to release an impounded motor vehicle to its owner or to a person named in the order that the hearing officer has determined to have a legal right of possession of the motor vehicle. (E) A hearing officer may reissue an impoundment or immobilization order under Section 12-5-83 (Hearing Before a Hearing Officer Regarding Impoundment or Immobilization of Motor Vehicle; Issuance of Order) without additional notice if the owner or other person with legal right of possession of the motor vehicle fails to comply with a condition imposed under this section. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-89 RELEASE OF IMPOUNDED MOTOR VEHICLE.

§ 12-5-89 - RELEASE OF IMPOUNDED MOTOR VEHICLE. (A) A person in actual possession of the impounded motor vehicle shall release the motor vehicle to a person named in the release order if the person named in the order presents the signed release order and proof of identity. (B) A person releasing the motor vehicle shall indicate the date and time that a motor vehicle was released on the release order, or on a paper attached to it. (C) A release order shall be signed by the person reclaiming the motor vehicle and the person releasing the motor vehicle. (D) After the release order is signed, the person releasing the motor vehicle shall return the order to the municipal court. (E) A person in possession of an impounded motor vehicle may not request or require the person reclaiming the motor vehicle to sign a release from liability for damages or loss until the person authorized to reclaim the motor vehicle has been provided a meaningful opportunity to inspect the motor vehicle and its contents. (F) A release from liability shall: (1) Indicate whether the person reclaiming the motor vehicle has made an inspection of the motor vehicle; (2) An enumeration of the damages, if any, allegedly the result of impounding the motor vehicle; and (3) A list of the items, if any, allegedly missing from the motor vehicle. (G) A copy or duplicate of the original release shall be provided to the person that reclaims an impounded motor vehicle. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-90 CIVIL FINES, COSTS, AND FEES.

§ 12-5-90 - CIVIL FINES, COSTS, AND FEES. (A) If the payment of the fine is made on or before the appearance date, the owner or operator shall remit "EARLY PAYMENT FINE" as the total fine and costs due for the violation. (B) If the payment of the fine is made after the appearance date or on the scheduled hearing date, the owner or operator shall remit the "STANDARD FINE" as the total fine and costs due for the violation. (C) A person may submit to the municipal court a request for an extension of time to pay the Early Payment Fine, if the request is made on or before the appearance date. (D) If a person is granted an extension to pay the Early Payment Fine and does not pay on or before the date the extension period expires, the person must pay the Standard Fine. (E) A payment received by mail is considered remitted on the post-marked date. (F) A fine for "Parking-In a Handicapped Space" or "Parking-In a Handicapped Zone" may be reduced if the violation resulted from an expired disabled parking placard that is renewed within 20 business days from the date of the violation, and proof of the renewal is provided to a hearing officer. (G) Civil fines, costs, and fees assessed in connection with the impounding or immobilizing process are limited to those specified by ordinance. Fines, costs, or fees may not be waived by a hearing officer or a judge of the municipal court. (H) If a motor vehicle violates more than one parking regulation, the issuing officer shall issue a citation for the violation that carries the highest civil fine. (I) The following schedule of fines, fees, and costs is established: Parking Violation | Standard Fine | Early Payment Fine Appeal Fee | $5.00 Commercial Motor Vehicle Loading or Unloading - Without a Permit | $500.00 | $250.00 Commercial Motor Vehicle Loading or Unloading - Restricted Hours or Area | $300.00 | $150.00 Commercial Motor Vehicle Loading or Unloading - Beyond Time Limit | $300.00 | $150.00 Commercial Motor Vehicle Loading or Unloading - Adjacent Lane Obstruction | $300.00 | $150.00 Commercial Motor Vehicle Loading or Unloading - Bike Lane Obstruction | $300.00 | $150.00 Commercial Motor Vehicle Permit - Not Properly Displayed | $300.00 | $150.00 Commercial Motor Vehicle Loading or Unloading - Single Travel Lane | $300.00 | $150.00 Expired Disabled Placard Reduced Fine | $20.00 Immobilization Fee | $10.00 per case included in the immobilization order Obstructing Traffic Next to Construction Site | $40.00 | $25.00 Parking - Back-In Angle Only | $50.00 | $35. 00 Parking - Between Curb and Private Property Line | $40.00 | $25.00 Parking - Blocking Alley | $40.00 | $25.00 Parking - Blocking Signed or Marked Bike Lane | $75.00 | $50.00 Parking - Blocking Crosswalk | $75.00 | $50.00 Parking - Blocking Driveway | $40.00 | $25.00 Parking - Blocking Handicap Access Ramp | $500.00 | $255.00 Parking - Bus Stop | $75.00 | $50.00 Parking - City Facility | $50.00 | $35.00 Parking - Commercial Delivery Zone (No Markings) | $75.00 | $50.00 Parking - Commercial Delivery Zone (Over 30 Minutes) | $75.00 | $50.00 Parking - Customer Service Zone | $75.00 | $50.00 Parking - Double Parked | $70.00 | $40.00 Parking Electric Vehicle Charging Station | $50.00 | $35.00 Parking - Emergency Service Zone | $50.00 | $35.00 Parking - Excess of 9,000 Pounds | $50.00 | $35.00 Parking - Facing Traffic | $40.00 | $25.00 Parking - Front or Side Yard of a Residential Property First Offense | $40.00 | $25.00 Second Offense within 24 months | $50.00 Third or subsequent offense within 24 months | $60.00 Parking - In a Fire Zone | $75.00 | $50.00 Parking - In a Handicap Space or Zone | $500.00 | $255.00 Parking - Law Enforcement Zone | $50.00 | $35.00 Parking - Left Wheel to Curb | $50.00 | $35.00 Parking - Legislative Zone | $50.00 | $35.00 Parking - Loading Zone | $40.00 | $25.00 Parking - Mexican Consulate Zone | $40.00 | $25.00 Parking - Motor Home | $50.00 | $35.00 Parking - Motorcycle Parking Zone | $40.00 | $25.00 Parking - No Parking Area | $50.00 | $35.00 Parking - No Payment For Use of Metered Space | $75.00 | $50.00 Parking - Non-Motorized Vehicle | $50.00 | $35.00 Parking - Not within Lines (Meter Zone) | $40.00 | $25.00 Parking - Obstructing Bus Stop | $50.00 | $35.00 Parking - Other | $40.00 | $25.00 Parking - Over 18" from Curb | $75.00 | $50.00 Parking - Over Stall Line (unmetered) | $40.00 | $25.00 Parking - Passenger Zone | $50.00 | $35.00 Parking - Parallel Only | $40.00 | $25.00 Parking - Police Complex | $50.00 | $35.00 Parking - Reserved for Municipal Court | $40.00 | $25.00 Parking - Resident Only Zone | $50.00 | $35.00 Parking - Restricted Area | $50.00 | $35.00 Parking - Right-of-Way | $50.00 | $35.00 Parking - Sidewalk Area | $75.00 | $50.00 Parking - Taxicab Stand | $40.00 | $25.00 Parking - Time Zone | $30.00 | $20.00 Parking - To Sell, Wash, or Repair Vehicle | $50.00 | $35.00 Parking - Bus or Transit Priority Lanes | $500.00 | $350.00 Parking - U.S. Government Zone | $50.00 | $35.00 Parking - Within an Intersection | $75.00 | $50.00 Parking - Within 20' of Crosswalk | $75.00 | $50.00 Parking - Within 15' of Fire Hydrant | $75.00 | $50.00 Parking - Within 30' of Stop Sign | $75.00 | $50.00 Parking- Within 30' of Yield Sign | $75.00 | $50.00 Parking - Public Park (Undesignated Area) | $50.00 | $30.00 Public Recreation Area or Right-of-Way-Closure Area - During Special Event | $250.00 | $125.00 Tow Away Zones | $100.00 | $75.00 Note: Fines include $5.00 in statutory court costs. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT12TRRE_CH12-5STSTPA_ART4IMIMMOVEUNPACIFetched: 10/27/2026