Chapter 9.16
IMPOUNDMENT OF VEHICLES*
Sections:
9.16.020 Impoundment of uninsured vehicle.
9.16.030 Hearing on impoundment.
9.16.040 Notice after removal.
* Prior legislation: Ord. 2758.
9.16.010 Definitions.
“Hearings officer” means the police chief or his designee. (Ord. 2756 § 1, 1997)
9.16.020 Impoundment of uninsured vehicle.
(1) 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, has committed an offense described in this subsection 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. This subsection applies to the following offenses:
(a) Driving while suspended or revoked in violation of ORS 811.175 or 811.182.
(b) Driving while under the influence of intoxicants in violation of ORS 813.010.
(c) Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010.
(d) Driving an uninsured vehicle in violation of ORS 806.010.
(2) 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.
(3) A vehicle impounded under subsection (1) of this section shall be released to a person entitled to lawful possession upon compliance with the following:
(a) Submission of proof that a person with valid driving privileges will be operating the vehicle;
(b) Submission of proof of compliance with financial responsibility requirements for the vehicle; and
(c) Payment to the city of an administrative fee to be determined to be sufficient to recover its actual administrative costs for the impoundment.
(4) Notwithstanding subsection (3) 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.
(5) When a person entitled to possession of the impounded vehicle has complied with the requirements of subsection (3) or (4) of this section, the impounding police agency shall authorize the person storing the vehicle to release it upon payment of any towing and storage costs. (Ord. 2756 § 2, 1997)
9.16.030 Hearing on impoundment.
(1) A person entitled to lawful possession of a vehicle impounded under this chapter may request a hearing to contest the validity of the impoundment. A request must by made within 10 calendar days of the impoundment. The request shall be made to the police department.
(2) When a timely request for a hearing is made, a hearing shall be held before a 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.
(3) The impounding police agency shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds to believe that the vehicle was being operated in violation of the traffic offenses set forth in SHMC 9.16.020. The police officer who ordered the vehicle impounded may submit an affidavit to the hearings officer in lieu of making a personal appearance at the hearing.
(4) 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 and 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.
(5) 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 police department. (Ord. 3075 § 1, 2008; Ord. 2756 § 3, 1997)
9.16.040 Notice after removal.
(1) Where the city takes custody of a vehicle under this chapter, it shall provide, by certified mail within 48 hours of the removal, written notice with an explanation of procedures available for obtaining a hearing to the owners of the vehicle and any lessors or security interest holders as shown in the records of the Department of Transportation. The notice shall state that the vehicle has been taken into custody and shall give the location of the vehicle and describe procedures for the release of the vehicle and for obtaining a hearing under ORS 819.190. The 48-hour period under this subsection does not include holidays, Saturdays, or Sundays.
(2) Any notice given under this section after a vehicle is taken into custody and removed shall state all of the following:
(a) That the vehicle has been taken into custody and removed by the city of St. Helens, and the ordinance under which the vehicle has been taken into custody and removed.
(b) The location of the vehicle or the telephone number and address of the city police department that will provide the information.
(c) That the vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of the notice, and the daily storage charges.
(d) That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid by a date specified by the appropriate authority.
(e) That the owner, possessor, or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to contest the reasonableness of the charges for towing and storage if a hearing is timely requested.
(f) The time within which a hearing must be requested and the method for requesting a hearing.
(g) That the vehicle and its contents may be immediately reclaimed by presentation to the appropriate authority of satisfactory proof of ownership or right to possession and either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges with the appropriate authority. (Ord. 2756 § 4, 1997)