Chapter 10.30
IMPOUNDING VEHICLES
Sections:
10.30.010 Repealed.
10.30.005 Motor vehicles.
A. Definitions. As used in this section, unless the context requires otherwise, the following definitions apply:
1. “Owner of motor vehicle” shall be the same definition as that of ORS 801.375 or any successive definition.
B. Vehicle(s) Subject to Forfeiture.
1. A motor vehicle being operated by a person whose operator’s license is suspended, canceled, or revoked for any felony conviction under the Oregon Vehicle Code (Chapters 801 through 823 ORS, inclusive) is declared a nuisance and subject to forfeiture.
2. A motor vehicle being operated by a person whose operator’s license is suspended, canceled, or revoked as a result of a conviction for driving under the influence of intoxicants in violation of the provisions of Chapter 813 ORS is declared a nuisance and subject to forfeiture.
3. Forfeiture proceeding pursuant to this section shall be done in accordance with the provisions of Oregon law.
C. Vehicle(s) Subject to Impound.
1. Notwithstanding subsection (A) of this section, whenever a motor vehicle is being operated by a person whose operator’s license or driving privilege is suspended, canceled, or revoked and a traffic citation is issued or a physical arrest made for any violation of the Oregon Vehicle Code or Brookings city ordinances, or the driver of the motor vehicle is without proof of liability insurance as required by the Oregon Vehicle Code, the motor vehicle is subject to immediate tow by a licensed towing company.
2. Whenever the owner of a motor vehicle has failed to transfer the title or failed to register the vehicle, the motor vehicle shall be subject to immediate tow by a licensed towing company.
3. A vehicle being operated by a motorist who is taken into police custody for any reason, but which vehicle is not otherwise subject to impound, shall be subjected to tow to protect the property and interest of the person arrested and the city of Brookings.
4. A vehicle towed shall be towed to a storage place licensed by the state of Oregon for purposes of vehicle impound or storage.
5. A vehicle towed for reasons of a suspended, unlicensed, unprivileged or uninsured driver may be redeemed by the owner upon presentation of a valid operator’s license and proof of insurance.
6. Vehicles towed and unclaimed or unredeemed may be disposed of after a time and in a manner by the tow company as prescribed by Oregon law. All notices and actions associated with the disposal of any unclaimed or unredeemed vehicle are the responsibility of the tow company having taken the possession of the vehicle.
D. Towing and Storage Liens, Costs.
1. The owner of a motor vehicle, when redeeming the impounded vehicle, shall be responsible for any and all towing storage fees owed to the towing company.
2. The owner of an impounded vehicle shall pay the city of Brookings an administrative fee of $100.00 at the time the vehicle is authorized for release. The amount of the administrative fee can be adjusted by the city of Brookings council by resolution.
3. A vehicle towed under subsection (C)(3) of this section shall not be subject to the administrative fee established in subsection (D)(2) of this section, but will be responsible for all towing fees to the towing company.
4. Any towing company taking a vehicle into custody under the provisions of this section shall have a lien on the vehicle for the just and reasonable towing and storage charges, may retain possession of the vehicle until 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 through 87.212. If the appraised value of the vehicle is $750.00 or less, the vehicle shall be disposed of in the manner provided in ORS 819.220.
E. Hearing.
1. Request for Hearing. The owner of the vehicle must request a hearing within five calendar days.
2. Hearing Procedure.
a. When a timely request for a hearing is made, a hearing shall be held before a municipal judge.
b. The hearing shall be set and conducted within the next scheduled municipal court session. The hearing may be set for a later date if the owner so requests.
c. At the hearing, the person may contest the validity of the impound, providing proof of insurance for the vehicle and driver at the time of the tow and providing proof of the validity of the driver’s privilege at the time of tow.
d. The city of Brookings shall have the burden of providing by a preponderance of evidence the validity of the impound. The city may present by oral or written testimony of the police officer and all documents which provide testimony of the cause for impound.
3. Decision of the Municipal Judge.
a. If the municipal judge finds that the impound of the vehicle was proper, the judge shall:
i. Enter an order supporting the removal; and
ii. Find that the owner is liable for any towing and storage charges resulting from the impound; and
iii. Find the owner is liable for the costs of the tow hearing, including costs of the municipal court and any witnesses.
b. If the municipal judge finds that the impound of the vehicle was improper, the judge shall:
i. Order the vehicle released to the owner;
ii. Find that the owner is not liable for any towing and storage charges resulting from the impound; and
iii. Order the city to satisfy the towing and storage lien.
c. Any time an owner of a vehicle properly insured at the time of the traffic stop presents such proof to the municipal judge, but where proof of such insurance was not provided the police officer at the time of the stop, a decision of proper impound shall be entered.
d. The decision of the municipal judge is final.
4. Failure to Appear at Hearing. If the person requesting a hearing does not appear at the scheduled hearing, the municipal judge may enter an order supporting the impound and assessment of towing and storage costs, and shall add an assessment for the costs of the municipal court and any witnesses who appear at the time set for hearing. [Ord. 07-O-591 § 2; Ord. 06-O-571 §§ 1 – 5. Formerly 8.15.085]*
* Code reviser’s note: Ords. 06-O-571 §§ 1 – 5 and 07-O-591 § 2, previously codified as BMC 8.15.085, were recodified to BMC 10.30.005 at the request of the city.
10.30.010 Impounding of vehicles – Redemption – Sale.
Repealed by Ord. 08-O-602. [Ord. 61-O-157 § 55.]