Chapter 10.02
MOTOR VEHICLE IMPOUNDMENT AND STATE FORFEITURE
Sections:
10.02.010 Purpose – Public nuisance.
10.02.020 Presumptions – Vehicle seizure.
10.02.030 Hearings, impound appeal and costs.
10.02.040 Notice to lien holders and parties of record – Service by publication – Failure to appear.
10.02.050 Presumptions – Knowledge of violation.
10.02.060 Hearing notification.
10.02.070 Seizure – Evidence – Burden of proof.
10.02.080 Resolution agreement between City and owner/lien holder.
10.02.090 Release of motor vehicle.
10.02.100 Release of motor vehicle – Costs.
10.02.130 Custody of vehicle – North Pole Police Department – Private corporations – Inventory.
10.02.140 Disposition of forfeited property – Return to claimant.
10.02.160 Insurance or other security required.
10.02.010 Purpose – Public nuisance.
A motor vehicle that is operated, driven or in actual physical control of an individual arrested for or charged with a violation of AS 28.35.030, pertaining to driving while intoxicated; or a violation of AS 28.35.032, pertaining to refusal to submit to chemical tests; or a violation of AS 28.15.291, pertaining to driving while license canceled, suspended, revoked, or limited; or a violation of NPMC 10.02.160 pertaining to insurance or other security requirements will be impounded and may be forfeited in accordance with this chapter. The purpose of this chapter is to protect the public by removing public nuisances and protecting the public from individuals driving while intoxicated. A vehicle operated in violation of the aforestated statutes is declared to be a public nuisance for which the registered owners shall be legally responsible subject only to defenses set forth by law. (Ord. 12-20 § 2, 2012)
10.02.020 Presumptions – Vehicle seizure.
A. It shall be presumed that a vehicle operated by or driven by or in the actual physical control of an individual arrested for or charged with a violation of AS 28.35.030, 28.35.032, 28.15.291, or NPMC 10.02.160 has been so operated by the registered owner or has been so operated by another person with the knowledge and consent of the registered owner.
B. A vehicle used in the alleged violation of AS 28.35.030, 28.35.032, 28.15.291, or NPMC 10.02.160 shall be impounded.
C. Impoundment may occur through a seizure of the vehicle incident to an arrest.
D. If the motor vehicle is seized pursuant to this section the vehicle may be released with an agreement between the owner and the City. The City will release the vehicle once the administrative fees are paid.
E. An appeal of the seizure may be filed with the court as outlined in NPMC 10.02.030. (Ord. 12-20 § 2, 2012)
10.02.030 Hearings, impound appeal and costs.
A. Civil impoundment or forfeiture cases may be heard and decided by either the district court or an administrative hearing officer, which throughout this chapter may be referred to as “the court” or “a court.” Hearings before an administrative hearing officer shall take place no less than seven days and no more than thirty days after the registered owner or lien holder requests a hearing. At the request of the City or a claimant, a civil proceeding under this section shall be postponed until the conclusion of any pending criminal charges arising out of the incident giving rise to the proceeding under AS 28.35.030, 28.35.032, 28.15.291 and NPMC 10.02.160.
B. The court shall award the prevailing party in an impoundment case its reasonable attorney’s fees and costs. Costs shall include but are not limited to filing costs, advertising costs, police officer time required for testimony, prosecution costs, court costs and other costs incurred in processing the case. (Ord. 12-20 § 2, 2012)
10.02.040 Notice to lien holders and parties of record – Service by publication – Failure to appear.
A. A lien holder and any party having an interest in the vehicle as shown by the vehicle ownership records of the Division of Motor Vehicles or any agency in any state where the vehicle is registered shall be served with notice of the impound by certified mail sent to the address of record as shown in the ownership records.
B. Any party who fails to appear within thirty days of service of notice of an impoundment waives the right to object to impoundment. Any party who requests a hearing in a civil action shall be deemed served. For actions filed in district court, district court civil rules shall apply. Requests for release of a vehicle made by a person or entity not charged with a violation of AS 28.35.030, 28.35.032, 28.15.291 and NPMC 10.02.160 must be brought in the forum of the civil action. (Ord. 12-20 § 2, 2012)
10.02.050 Presumptions – Knowledge of violation.
A. When a person other than the claimant was in possession of the vehicle and was driving with a suspended, revoked or canceled license, or without a valid driver’s license, or in violation of a limited license, it shall be presumed that the claimant had reasonable cause to believe that the vehicle would be used in violation of AS 28.35.030, 28.35.032, 28.15.291 and NPMC 10.02.160. This subsection shall not apply to regulated lien holders.
B. When the claimant and driver are not the same person and have a familial relationship, such as husband/wife, father/daughter, mother/stepson, etc., it shall be presumed that the claimant is responsible and that the vehicle was operated by the driver with the knowledge and consent of the claimant. (Ord. 12-20 § 2, 2012)
10.02.060 Hearing notification.
Upon notification from the court of the time and place for a hearing in a civil action, the City shall provide to every person, unless notified by the court, who has an ascertainable ownership or security interest, written notice that includes:
A. A description of the motor vehicle;
B. The time and place of the impound hearing;
C. The legal authority under which the vehicle may be impounded; and
D. Notice of the right to intervene to protect the interest in the motor vehicle. (Ord. 12-20 § 2, 2012)
10.02.070 Seizure – Evidence – Burden of proof.
A. A seizure is legally justified if the person operated or drove a motor vehicle, aircraft or watercraft:
1. While under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination; or
2. As determined by a chemical test taken within four hours after the alleged operating or driving, there is 0.08 percent or more by weight of alcohol in the person’s blood or eighty milligrams or more of alcohol per one hundred milliliters of blood, or if there is 0.08 grams or more of alcohol per two hundred ten liters of the person’s breath.
B. A seizure is also legally justified for violations of AS 28.15.291, 28.35.032, and no insurance NPMC 10.02.160.
C. For purposes of proceedings in an administrative forum, the police report, which may include the narrative; accompanying documents; computer printouts from databases operated by police agencies and/or government agencies regulating motor vehicles showing the ownership of the vehicle, the driver’s license status, and the record of criminal convictions of the driver; and/or tape recordings, is admissible evidence so long as it is signed with either the name, initials, badge number, or other identifying mark of an employee of the City in a statement made under oath.
D. The burden of proof for an action under this chapter is preponderance of the evidence. (Ord. 12-20 § 2, 2012)
10.02.080 Resolution agreement between City and owner/lien holder.
The City may enter into an agreement with the registered owner or lien holder of the vehicle to resolve a civil impound action and permit release of the vehicle. Any such agreement shall include:
A. Acceptance by the owner or lien holder of responsibility for meeting the requirements of this section;
B. Agreement that the owner or lien holder will take reasonable steps to prevent the person arrested for or charged with a violation of AS 28.35.030, 28.35.032, 28.15.291 and NPMC 10.02.160 from operating the vehicle until properly licensed and insured. (Ord. 12-20 § 2, 2012)
10.02.090 Release of motor vehicle.
A person seeking to redeem a vehicle must obtain an order authorizing release of the vehicle unless the release is made under an agreement with the City. To redeem a vehicle the person must:
A. Provide proof of ownership or, if a lien holder, a legal right to repossess the vehicle; and
B. Pay or provide proof of payment of any costs imposed, including the impound fees, storage fees and any court costs imposed. The impound fee shall be the actual cost of impound plus an administrative charge to offset the City’s processing costs. If the City agrees or the court finds that seizure of a vehicle was legally unjustified, the vehicle shall be released at no cost if the person seeking to reclaim the vehicle does so within five days after the court’s finding. A vehicle not claimed within five days after the court’s decision or release by the City is subject to the provisions of AS 28.10.502, relating to towing and storage liens. (Ord. 12-20 § 2, 2012)
10.02.100 Release of motor vehicle – Costs.
A. A vehicle under this section may be released upon proof of ownership of the vehicle, payment of towing and storage fees, including the administrative fee of $500 (five hundred dollars) to offset the City’s processing costs.
B. Impound towing fees have been set at $130 (one hundred thirty dollars) for impound/towing. Daily impound fees are set at $30 (thirty dollars) per day. Certified letter notification fee is $75 (seventy-five dollars) and a one-time security fee is set at $65 (sixty-five dollars). Item recovery fees are set at $50 (fifty dollars) per visit. (Ord. 23-07 § 2, 2023; Ord. 22-26 § 2, 2022; Ord. 12-20 § 2, 2012)
10.02.110 Impoundment – Seizure incident to arrest – Impoundment period – Abandoned vehicle disposal – Personal property in vehicles.
A. A motor vehicle that is operated, driven or in the actual physical control of a person arrested for or charged with a violation of AS 28.35.030, 28.35.032, 28.15.291 or NPMC 10.02.160 shall be impounded at the time of the arrest of the person for the offense or upon the decision of the court in a separate civil proceeding.
B. If the motor vehicle is seized incident to an arrest or otherwise prior to a conviction or court-ordered impoundment the City shall not hold the vehicle for longer than seven days without obtaining a court order authorizing the continuing seizure. The City is not “holding” a vehicle so long as the City is willing to release the vehicle upon payment of the required administrative fees. For purpose of computing the seven-day period, Saturdays, Sundays and legal holidays are not included.
C. Vehicles ordered impounded under this section, which are not claimed at the end of the thirty days of impoundment, may be disposed of pursuant to the provisions of AS 28.10.502. If the contents of the vehicle have not been recovered before such disposal, the contents may be disposed of with the vehicle. Personal property in a vehicle that has not been released at the time of impound can be removed from a vehicle only by the owner of the vehicle and only upon payment of a fee charged for monitoring such recovery of such personal property. Such fee shall be set by contract between the towing and storage contractor and the City. The owner may recover the fee if a court makes a specific finding that the seizure of the vehicle was legally unjustified. (Ord. 12-20 § 2, 2012)
10.02.120 Forfeiture process.
A. A motor vehicle that is operated, driven or in the actual physical control of a person arrested or charged with a felony violation of AS 28.35.030, or 28.35.032, will be subjected to forfeiture procedures and impounded to a State of Alaska approved impound facility. The City of North Pole will release the vehicle to an authorized facility pending the outcome of the criminal proceedings.
B. A motor vehicle may be seized and towed to a secure location by a police officer or a police officer’s designee upon an order issued by a court having jurisdiction over the motor vehicle upon a showing of probable cause that the motor vehicle will be impounded under the State of Alaska seizure proceedings. (Ord. 12-20 § 2, 2012)
10.02.130 Custody of vehicle – North Pole Police Department – Private corporations – Inventory.
A. A motor vehicle seized for the purpose of forfeiture should be held in the custody of the Department of Public Safety or a private corporation authorized by the Department to retain custody of the vehicle, subject only to the orders and decrees of the court having jurisdiction over any forfeiture or impoundment proceedings. When a motor vehicle is seized, the North Pole Police Department Chief of Police or an authorized designee may:
1. Remove the motor vehicle and any contents in the vehicle to a place designated by the court; or
2. Take custody of the motor vehicle and any contents of the vehicle and remove it to an appropriate location for disposition.
B. Following an impoundment of a vehicle the North Pole Police Department shall make an inventory of the contents of any motor vehicle seized. Personal property can be recovered from the vehicle in the same manner as set forth in NPMC 10.02.110. (Ord. 12-20 § 2, 2012)
10.02.140 Disposition of forfeited property – Return to claimant.
A. Property forfeited under this chapter shall be disposed of by the Department of Public Safety in accordance with this section. Property forfeited includes both the vehicle and its contents if those contents have not been recovered before the date of disposal. The Department of Public Safety may:
1. Sell the property in a manner that will yield the best price and use the proceeds for payment of all expenses of seizure, custody, court costs and attorney’s fees;
2. Take custody of the property and use it in the enforcement of City and State criminal codes; or
3. Destroy the property.
B. When a claimant to a motor vehicle is entitled to its possession, the court shall order that:
1. The vehicle be delivered to the claimant immediately subject to costs as described in NPMC 10.02.160.
C. When a vehicle is sold and the lien holder interest exceeds the sale price, the owner may still be held responsible for the City’s costs and administrative fees. (Ord. 12-20 § 2, 2012)
10.02.160 Insurance or other security required.
A. The owner or operator of a motor vehicle shall have a current motor vehicle liability policy, or other security that complies with AS 28.22.11 through 28.22.500, when operating a motor vehicle.
B. It is unlawful:
1. For any person to operate a motor vehicle without proof of the required security in the vehicle;
2. For any person to fail to produce proof of security to a police officer upon demand; or
3. For any person to operate a motor vehicle without the required security in effect at the time of operation.
C. A person convicted of violating subsection (B)(1) or (2) of this section shall pay a fine of $300 (three hundred dollars) unless the person produces in court proof of insurance for vehicle liability or other security that had been issued to the person prior to the time of the offense and was valid at the time of the offense, in which instance the citation will be dismissed.
D. A person convicted under subsection (B) of this section for the first time may avoid impoundment by presenting proof of insurance in effect no later than thirty days after the date of the offense. (Ord. 12-20 § 2, 2012)
10.02.900 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Assessed or appraised value” of a motor vehicle shall be based upon the Automobile Dealers Association Book (Blue Book) for the same or similar make and model and accessorized motor vehicle. Should there be no Blue Book value, the value shall be $500 (five hundred dollars).
“Driver” means a person who drives or is in actual physical control of a vehicle.
“Motor vehicle” means a vehicle which is self propelled except a vehicle moved by human or animal power.
“Previously convicted” means having been convicted in this or another jurisdiction, within ten years preceding the date of the present offense, of operating a motor vehicle, aircraft or watercraft while intoxicated under AS 28.35.030 or another law or ordinance with substantially similar elements, or a refusal to submit to a chemical test under AS 28.35.032 or another law or ordinance with substantial similar elements, or driving a motor vehicle while license suspended, canceled, revoked, or limited under AS 28.15.291 or another law or ordinance with substantially similar elements, or driving a motor vehicle without insurance or other security under NPMC 10.02.160 or another law or ordinance with substantially similar elements.
“Registered owner” refers to the owner of the vehicle at the time of the offense as shown in the vehicle ownership records of the State Division of Motor Vehicles or another agency with similar responsibilities in another state, but may include subsequent good-faith purchases.
“Regulated lien holder” means an entity whose lien on the vehicle is a result of lending activities that are subject to regulation by any Federal or State agency, commission or department.
“Vehicle” means a device in, upon or by which a person or property may be transported or driven upon immediately over a highway, road or other public right-of-way.
Any terms not defined herein shall be defined as set forth in Alaska Statutes. (Ord. 12-20 § 2, 2012)