Chapter 10.20
IMPOUNDMENT OF VEHICLES
Sections:
Article I. Impoundment of Vehicles
10.20.020 Impoundment of vehicle.
10.20.040 Release and disposal.
10.20.090 Improper impoundment.
Article II. Inventory of Contents of Impounded Vehicles
10.20.120 Inventory of contents.
10.20.140 Establishment of procedures.
10.20.150 Safeguarding of valuable contents.
Article I. Impoundment of Vehicles
10.20.010 Purpose.
This article is adopted pursuant to the authority of ORS Chapters 203, 368 and 810 for the purpose of promoting the safety of persons and their property using roads under the jurisdiction of Marion County. [Ord. 1079 § 1, 1998.]
10.20.020 Impoundment of vehicle.
A. A police officer who has probable cause to believe that a person at or just prior to the time the police officer stops the person, was:
1. Driving while suspended or revoked in violation of ORS 811.175 or 811.182;
2. Driving while under the influence of intoxicants in violation of ORS 813.010;
3. Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010; or
4. Driving an uninsured vehicle in violation of ORS 806.010;
may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer.
B. An officer may not order a vehicle impounded for expiration of driving privileges pursuant to subsection (A)(3) of this section, unless 60 days have passed since the date of expiration. [Ord. 1079 § 2, 1998.]
10.20.030 Notice.
Notice that the vehicle has been impounded shall be given to the same parties, in the same manner and within the same time limits as provided in ORS 819.180 for notice after removal of a vehicle. [Ord. 1079 § 3, 1998.]
10.20.040 Release and disposal.
A. A vehicle impounded under MCC 10.20.020 shall be released to a person entitled to lawful possession upon proof that a person with a valid driving privilege will be operating the vehicle, proof of compliance with financial responsibility requirements for the vehicle, payment to the sheriff’s office of the administrative impound fee in an amount established by the board of commissioners, and payment of any towing and storage charges. Proof shall be presented to the sheriff’s office, which shall authorize the person storing the vehicle to release it upon payment of the charges.
B. Notwithstanding subsection (A) of this section, a person who holds a security interest in the impounded vehicle may obtain release of the vehicle by paying the administrative fee as provided in subsection (A) of this section.
C. If a person entitled to lawful possession does not redeem the impounded vehicle within 30 days after the vehicle is impounded or after the hearings officer’s written determination, whichever is later, then such vehicle shall be disposed of in accordance with the procedure set forth by ordinance for disposal of abandoned vehicles, or pursuant to ORS 819.210 through 819.260. [Ord. 1240 § 3, 2006; Ord. 1079 § 4, 1998.]
10.20.050 Hearing request.
A person entitled to lawful possession of an impounded vehicle may request a hearing before the Marion County hearings officer to contest the validity of the impoundment. A request must be made within five calendar days of the impoundment. The request shall be made to a person designated by the impounding police agency to receive such requests. [Ord. 1079 § 5, 1998.]
10.20.060 Hearing procedures.
When a timely request for a hearing is made, a hearing shall be held before the Marion County hearings officer. The hearing shall be set for four calendar days after the request is received excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person asking for the hearing. The hearings officer shall render a written determination. The hearings officer shall provide a copy of the written determination to the person requesting the hearing. [Ord. 1079 § 6, 1998.]
10.20.070 Burden of proof.
A. The impounding police agency shall have the burden of proving by a preponderance of the evidence that there was probable cause to believe that, at or just prior to the time the police officer stopped the person, the person committed an offense described in MCC 10.20.020.
B. The police officer who ordered the vehicle impounded may submit an affidavit or official report to the hearings officer in lieu of making a personal appearance at the hearing. [Ord. 1079 § 7, 1998.]
10.20.080 Proper impoundment.
If the hearings officer finds that the impoundment of the vehicle was proper, the hearings officer shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for usual customary towing and storage costs. The hearings officer may also find the owner or person entitled to possession of the vehicle liable for costs of the hearing. The decision of the hearings officer is a final decision. [Ord. 1079 § 8, 1998.]
10.20.090 Improper impoundment.
If the hearings officer finds that impoundment of the vehicle was improper, the hearings officer shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any towing or storage costs resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the hearings officer shall order it paid by the impounding police agency. The decision of the hearings officer is a final decision. [Ord. 1079 § 9, 1998.]
10.20.100 Waiver of fee.
If a person entitled to lawful possession of a vehicle impounded under MCC 10.20.020 sufficiently establishes for the impounding police agency that the vehicle was being operated without the consent of the person entitled to lawful possession at the time that the vehicle was impounded, the impounding police agency shall waive the fee under MCC 10.20.040. For purposes of this section, proof that a person entitled to lawful possession of the vehicle reported the vehicle as stolen to a police agency prior to impoundment of the vehicle shall be conclusive evidence that the vehicle was being operated without the consent of the person. [Ord. 1079 § 10, 1998.]
Article II. Inventory of Contents of Impounded Vehicles
10.20.110 Purpose.
This article is adopted for the purpose of accounting for the contents of impounded vehicles. [Ord. 1013 § 1, 1995.]
10.20.120 Inventory of contents.
Subject to the exceptions set forth in MCC 10.20.130, all vehicles that are impounded by the Marion County sheriff’s office shall have their contents inventoried in order to account for the owners’ property. The list of contents shall be made a part of the incident report associated with the impoundment. [Ord. 1013 § 2, 1995.]
10.20.130 Exceptions.
Vehicles that are impounded by the Marion County sheriff’s office in the following circumstances shall not have their contents inventoried:
A. The vehicle was towed from a crime scene and is subject to a search warrant;
B. The vehicle was towed as a courtesy from an accident scene upon the owner’s request;
C. The vehicle was towed as an abandoned vehicle. [Ord. 1013 § 3, 1995.]
10.20.140 Establishment of procedures.
The Marion County sheriff shall establish procedures for inventorying the contents of impounded vehicles pursuant to MCC 10.20.120. [Ord. 1013 § 4, 1995.]
10.20.150 Safeguarding of valuable contents.
Any item within an impounded vehicle that is considered by a Marion County deputy sheriff or other law enforcement officer to be valuable may be forwarded to the property section of the Marion County sheriff’s office for safekeeping at the officer’s discretion. [Ord. 1013 § 5, 1995.]