Chapter 10.18
IMPOUNDING VEHICLES
Sections:
10.18.050 Towing and storage liens.
10.18.010 Impound.
(1) A vehicle may be towed without prior notice when:
(a) the vehicle is a hazardous vehicle as prohibited in GMC Section 10.16.021 (hazardous vehicles);
(b) the Police Chief, or designee, reasonably believes that the vehicle is stolen;
(c) the Police Chief, or designee, reasonably believes that the vehicle or its contents constitute evidence of any offense, if such towing is reasonably necessary to obtain or preserve such evidence;
(d) the vehicle was in possession of a person taken into custody by a law enforcement officer and no other reasonable disposition of the vehicle was available;
(e) the vehicle is illegally parked on a public or private 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;
(f) as authorized in part through adoption by reference to ORS Chapters 801 through 826 in Section 10.04.020 of the GMC, the Police Chief or designee, reasonably believes the vehicle operator:
(A) does not possess a valid operator’s license or is in violation of license restrictions or;
(B) is driving uninsured; or
(C) is driving while suspended or revoked, or;
(D) is driving while under the influence of intoxicants,
(g) the vehicle remained in a park after park closure;
(2) A vehicle may be towed after notice, as provided by GMC Section 10.18.020 (impound procedures) when:
(a) the Police Chief, or designee, reasonably believes that the vehicle is abandoned;
(b) the vehicle is parked in violation of a temporary or permanent parking restriction where there is no reasonable need to immediately remove the vehicle; or
(c) the vehicle is parked on city owned or operated property without express city permission.
(3) A vehicle impounded pursuant to this section shall be taken into custody by the Police Chief, or designee, and shall be held at the expense of the owner or person entitled to possession of the vehicle. The Police Chief, or designee, may use the personnel, equipment and facilities of the city for the removal and storage of the vehicle, or may hire a private garage for that purpose.
(4) A vehicle used in committing a traffic or parking violation for which an unserved warrant or citation is on file with the Gladstone Municipal Court may be towed upon order of the Gladstone Municipal Court.
(5) Any vehicle impounded pursuant to this section shall be inventoried as to the personal property contents and condition of the vehicle. The inventory shall be conducted by the Gladstone Police Department.
Statutory Reference: ORS 819.100 to 819.270
History: Ord. 1180 §1, 1993; Ord. 1187 §1, 1993; Ord. 1195 §1, 1994; Ord. 1299 §1, 2000; Ord. 1380 §6, 2006.
10.18.020 Impound procedures.
(1) Pre-Impound Investigation. If the Police Chief, or his designee, proposes to take custody of a vehicle under GMC Subsection 10.18.010(2), (s)he shall, prior to impoundment, provide notice and an explanation of procedures available for obtaining a hearing described in GMC Subsections 10.18.020(2)-(4).
(2) Notice Generally. Notice shall be given by affixing a notice to the vehicle with the required information. The notice shall be affixed to the vehicle at least seventy-two (72) hours before taking the vehicle into custody. The seventy-two (72) hour period shall include Saturdays and holidays including Sundays.
(3) Pre-Impound Notice. The notice required by Subsection (1) of this Section shall state the following:
(a) The name and badge number of the officer or identification of other city employee issuing the notice;
(b) That if the vehicle is not removed within the prescribed time limit, the vehicle will be impounded;
(c) That any person who, at the request of the Police Chief, or his designee, impounds a vehicle, 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; and
(d) That a hearing on the validity of the proposed impound may be held, if timely requested within five (5) calendar days of receipt of notice by the owner.
(4) Post-Impound Notice. After a vehicle has been impounded pursuant to either GMC Subsections 10.18.010 (1), notice must 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 tow may be held, if requested within five calendar days of receipt of notice by the owner.
Statutory Reference: ORS 819.100 to 819.270
History: Ord. 1180 §1, 1993; Ord. 1299 §1, 2000; Ord. 1373, 2006.
10.18.030 Hearing.
(1) Request for Hearing.
(a) The owner must request a hearing within five (5) calendar days after receipt of the notice. The request may be made in person or in writing to the Police Chief. Failure to make a timely request for a hearing shall constitute a waiver of the right to a hearing.
(b) If the owner of the vehicle timely requests a hearing before the vehicle is taken into custody, the vehicle shall not be impounded until a hearing is set and held in accordance with this section.
(2) Hearing Procedures:
(a) When timely request for a hearing is made, a hearing shall be held before the Police Chief or designee who shall serve as a hearings officer.
(b) The hearing shall be set and conducted within four (4) calendar days of receipt of the request, except Saturdays and holidays, which includes Sundays. The hearing can be set for a later date if the owner or person entitled to possession so requests.
(c) At the hearing, the owner may contest the validity of the impound.
(d) The city shall have the burden of proving by a preponderance the validity of the impound. The city may present evidence either by testimony of the police officer, traffic officer or code enforcement officer, or by written report of the officer. If the city’s evidence is presented only by written report and the hearings officer cannot resolve a question by information contained in the report, the hearing may be held open for a reasonable time to complete the record.
(3) Upon decision if the hearings officer finds that:
(a) Impound of the vehicle was proper, the hearings officer:
(A) shall enter an order supporting the removal; and
(B) shall find that the owner or person entitled to possession is liable for any towing and storage charges resulting from the impound; and
(C) may find that the owner or person entitled to possession is liable for the costs of the tow hearing, including costs of the hearings officer and any witnesses.
(b) 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.
(c) The decision of the hearings officer can be appealed to Municipal Court.
(4) Failure to Appear at 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, and shall add an assessment for the costs of the hearings officer and any witnesses who appeared at the time set for hearing.
Statutory Reference: ORS 819.100 to 819.270
History: Ord. 1180 §1, 1993; Ord. 1373, 2006; Ord. 1380 §7, 2006
10.18.040 Release of vehicle.
A vehicle which has been impounded under this section 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:
(1) 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
(2) The Gladstone Police Department has released its hold, if any, on the vehicle.
Statutory Reference: ORS 819.100 to 819.270
History: Ord. 1180 §1, 1993, Ord. 1373, 2006
10.18.050 Towing and storage liens.
A person who, at the request of the Police Chief, or his designee, takes a vehicle into custody under the provisions of GMC Sections 10.16.011 (abandoned vehicles prohibited) and 10.16.021 (hazardous vehicles), shall have a lien on the vehicle for the just and reasonable towing and storage charges and 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 $1,000.00 or less or if it is an abandoned vehicle appraised at a value of $1,000.00 or less, but not more than $200.00, the vehicle shall be disposed of in the manner provided in ORS 819.220. If the vehicle is an abandoned vehicle with an appraised value of $200.00 or less, it may be disposed pursuant to provisions of ORS 819.215.
Statutory Reference: ORS 87.142, ORS 87.152 to 87.212, ORS 819.100 to 819.270
History: Ord. 1180§1, 1993; Ord. 1187 §1, 1993; Ord. 1279 §1, 1998.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]