Chapter 10.15 SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES FOR TRAFFIC OFFENSES

Chapter 10.15
SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES FOR TRAFFIC OFFENSES

Sections:

10.15.020 Towing – Storage – Lien procedures.

10.15.010 Vehicle impoundment.

A vehicle may be seized and impounded without prior notice when a police officer reasonably believes the operator of the vehicle has committed any one of the following traffic offenses:

(1) Driving while suspended or revoked in violation of ORS 811.175 or 811.182.

(2) Driving without driving privileges or in violation of license restrictions in violation of ORS 807.010.

(3) Driving under the influence of intoxicants in violation of ORS 813.010.

(4) Driving uninsured in violation of ORS 806.010. (Ord. 1094, July 11, 1995; amended by Ord. 1232, § 1, May 2, 2006. Code 1983 § 53.110.)

10.15.020 Towing – Storage – Lien procedures.

The City may contract the services of one or more competent towing service firms for the removal, storage and, if necessary, lien foreclosure proceedings on vehicles seized and impounded under the provisions of this chapter. Such towing service firms 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, except if the appraised value of the vehicle is $500.00 or less, the vehicle shall be disposed of in the manner provided for in ORS 819.215. (Ord. 1094, July 11, 1995; amended by Ord. 1232, § 2, May 2, 2006; Ord. 1332, § 1, November 5, 2013. Code 1983 § 53.120.)

10.15.030 Notice – Hearing – Order.

Upon seizure and impoundment of a vehicle under the authority of this chapter, 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. If a hearing to contest the seizure and impoundment is requested, it shall be provided in accordance with the provisions of ORS 809.716. For the purposes of applying ORS 809.716, the City Manager shall be the Hearing Officer. If the person requesting the hearing does not appear at the scheduled hearing, the Hearing Officer may enter an order supporting the seizure and impound. The decision of the Hearing Officer is final. (Ord. 1094, July 11, 1995; amended by Ord. 1232, § 3, May 2, 2006; amended by Ord. 1265, June 17, 2008. Code 1983 § 53.130.)

10.15.040 Release to registered owner.

A vehicle which has been seized and impounded under the provisions of this chapter may be released to the registered owner, or the owner’s authorized agent, if so ordered by the Hearing Officer and otherwise upon furnishing proof of payment of the towing bill and all accrued storage fees to the Monmouth Police Department and upon payment of an impound fee, established by resolution of the City Council, to the Monmouth Police Department. Unless the vehicle is to be removed from storage without being driven, the person to which the vehicle is to be released must also furnish proof to the Monmouth Police Department that the person has a valid operator’s license and of compliance with financial responsibility requirements for the vehicle. (Ord. 1094, July 11, 1995; amended by Ord. 1232, § 4, May 2, 2006. Code 1983 § 53.140.)

10.15.050 Inventory procedure.

All impounded vehicles shall be inventoried by a police officer prior to towing from the scene, or as soon thereafter as reasonably possible. The officer conducting the inventory shall make a written record of the condition of the vehicle and of any personal property located therein, including all self-contained items. Locked containers shall be inventoried as a singular item and shall not be forced open unless special circumstances exist which justify the opening of the container under the policy reasons set forth above. The glove box, the trunk, and all other closed compartments of the vehicle shall be inspected, provided they are unlocked. Objects found within the vehicle shall be scrutinized only to the extent necessary to identify them. Once the inventory is completed, the vehicle shall be secured in a safe place. (Ord. 1081, § 1, April 5, 1994; amended by Ord. 1191, §§ 1, 2, March 2, 2004. Code 1983 § 53.150.)