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HomeMy WebLinkAbout2718 Impounding Vehicles ORDINANCE NO.2718 ~ ORDINANCE kMENDING AND ADDING PROVISIONS TO THE IMPOUNDING VEHICLES CHAPTER (CHAPTER 11.36) OF THE ASHLAND MUNICIPAL CODE TO PERMIT IMPOUNDING FOR LAW ENFORCEMENT PURPOSES AND TO PROVIDE FOR HEARINGS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.36 of the Ashland Municipal Code is amended to read as follows: "Chapter 11.36 IMPOUNDING VEHICLES Sections: 11.36.010 Impounding of vehicle. 11.36.015 Post-Impound Notice. 11.36.020 Redemption. 11.36.030 Sale. 11.36.040 Hearing. 11.36.010 Impounding of vehicle. As provided in this section, a vehicle may be removed by a police officer without prior notice and taken to a garage, parking lot, or other suitable storage place and there kept until an application for its redemption is made by the owner or an authorized agent. A vehicle may be removed when: A. The vehicle is illegally parked on a public street in a conspicuously restricted space, zone or traffic lane where parking is limited or prohibited to designated classes of vehicles or periods of time, or at any time when the vehicle interferes with the intended use of such space, zone, or traffic lane; B. The vehicle was in possession of a person taken into custody by a police officer and no other reasonable disposition of the vehicle was available; or C. A police officer reasonably believes the vehicle operator does not possess a valid operator's license and either: 1. Is driving uninsured; or 2. Has failed to transfer title of the vehicle, register the vehicle, or carry a valid registration card. D. The vehicle was operated by a person under the influence of intoxicants in violation of ORS 813.010. A vehicle impounded pursuant to this section shall be held at the expense of the owner or person entitled to possession of the vehicle. Personnel, equipment and facilities of the city or private tow companies may be used for the removal and storage of the vehicle. 11.36.015. Post-Impound Notice. After a vehicle has been impounded pursuant to section 11.36.010 notice shall be provided to the registered owner, if known, indicating: A. The location of the vehicle; B. That a lien has arisen on the vehicle in favor of the person who towed and is storing the vehicle; C. That the vehicle may be sold at public auction to satisfy the lien; and D. That a hearing on the validity of the impound may be held, if requested within five calendar days of receipt of notice by the owner. 11.36.020 Redemption. A vehicle which has been impounded under this chapter may be released to the registered owner or legal owner, if different, or to the person operating the vehicle at the time of impound if: A. The owner or driver of the vehicle has paid all of the accrued towing and storage costs, unless otherwise ordered by the hearings officer; and B. The Police Department has released its hold, if any, on the vehicle. 11.36.030 Sale. A. If the vehicle is not redeemed within thirty (30) days, then it shall be sold in accordance with the applicable provisions relating to the sale of abandoned vehicles; or B. If a tow company took the vehicle into custody, it shall have a lien on the vehicle for the just and reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may have the vehicle sold at public auction to satisfy the lien. The lien that attaches to the vehicle shall be a possessory chattel lien in accordance with ORS 87.142 and shall be foreclosed in the manner provided in ORS 87.152 to 87.212. If the appraised value of the vehicle is $750 or less, the vehicle shall be disposed of in the manner provided in ORS 819.220.. 11.36.040. Hearing. A. The owner must request a hearing within five calendar days after receipt of the notice described in section 11.36.015. The request may be made in person or in writing to the Chief of Police. Failure to make a timely request for a hearing shall constitute a waiver of the right to a hearing. B. Hearing Procedures. 1. When timely request for a hearing is made, a hearing shall be held before a hearings officer. 2. The hearing shall be set and conducted within 72 hours of receipt of the request, excluding holidays, Saturdays, and Sundays. The hearing can be set for a later date if the owner or person entitled to possession so requests. 3. At the hearing, the owner may contest the validity of the impound. 4. The city shall have the burden of proving by a preponderance the validity of the impound. C. Decision of the Hearings officer. If the hearings officer finds that: 1. Impound of the vehicle was proper, the hearings officer shall: a. Enter an order supporting the removal; and b. Find that the owner or person entitled to possession is liable for any towing and storage charges resulting from the impound. 2. Impound of the vehicle was improper, the hearings officer shall: a. Order the vehicle released to the owner or person entitled to possession; b. Find that the owner or person entitled to possession is not liable for any towing or storage charges resulting from the impound; and c. Order the city to satisfy the towing and storage lien. 3. The decision of the hearings officer is final. D. Failure to Appear at the Hearing. If the person requesting the hearing does not appear at the scheduled hearing, the hearings officer may enter an order supporting the impound and assessment of towing and storage costs." SECTION 2. Classification of the fee. The fees specified in Section 1 of this ordinance are classified as not subject to the limits of Section 11b of Article XI of the Oregon Constitution (Ballot Measure No. 5). The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the /_~-~ day of .... ~!_~ ~ t ADOPTED this ~ day of , "-'~ ~ /~ , I City Recorder SIGNED and APPROVED this ~/~' day of , , 1993 .' / Mayor , 1993, and duly PASSED and , 1993 . (d: \council\ord93\hnpound)