HomeMy WebLinkAboutOrdinance 89.28 Providing for the recovery of costs and fees associated with impound vehiclesORDINANCE NO. 89.28
AN ORDINANCE OF THE MARANA TOWN COUNCIL PROVIDING FOR THE
IMPOUNDING OF VEHICLES AND PROVIDING FOR THE PAYMENT OF THE
COSTS OF TOWING AND STORAGE THEREOF
WHEREAS the Marana P01ice Department has the authority,
under certain circumstances, to cause motor vehicles to be towed
and stored, either in public facilities or on Town property; and
WHEREAS the Town of Marana incurs monetary costs in the
towing and storage of motor vehicles.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of
the Town of Marana, Arizona as follows:
Section 1. The Police Department may take in charge,
remove and keep in its custody under the direction of the Chief
of Police or cause to be towed to and stored in a public storage
facility, vehicles in the following circumstances:
A. Any unoccupied vehicle of any kind or description
found violating any of the Ordinances of the Town of Marana or
the laws of the State of Arizona regulating the standing or
parking of vehicles.
B. When any person is arrested and taken into custody
while in possession of a motor vehicle.
C. Pending forfeiture action as prescribed by A.R.S.
Section 13-3413, 13-2301 or 13-4305 or other applicable statutes.
D. When a vehicle is left unattended upon any bridge,
viaduct or crossway, or in any tube or tunnel where the vehicle
constitutes an obstruction of traffic.
E. When a vehicle upon a highway or street is so
disabled as to constitute an obstruction to traffic and the
person in charge of the vehicle is by reason a physical injury
incapacitated to such an extent as to be unable to provide for
its custody or removal.
F. When the vehicle is left unattended upon a street
or alley and is parked illegally or constitutes a hazard or
obstruction to the normal movement of traffic.
G. When the vehicle is left unattended upon a public
street, highway or other public property for a period in excess
of 48 hours.
H. When any person is cited for a violation of A.R.S.
Sections 28-692, 28-411, 28-422.01, 28-471, 28-473 or 28-1075,
and the person cited does not have a licensed driver capable of
safely driving his vehicle available and gives his permission
therefor.
Section 2. Whenever an officer removes a vehicle from
the street and the officer knows or is able to ascertain from the
registration records in the vehicle the name and address of the
owner thereof, the officer shall immediately give or cause to be
given notice telephonically, in person or in writing to such
owner of the fact of such removal and the reasons therefore, and
of the place to which such vehicle has been removed.
Section 3. Whenever an officer removes a vehicle from
the street and does not know and is not able to ascertain the
name of the owner, or for any other reason is unable to give the
notice to the owner as provided in Section 2, and the vehicle is
not claimed by the owner within a period of three days, the
officer shall send or cause to be sent a written report of the
removal by mail to the Motor Vehicle Division of the State
Highway Department and shall file a copy of the notice with the
proprietor of the public garage in which the vehicle is stored,
in accordance with the Police Department's Rules and Regulations.
The notice shall include a complete description of the vehicle,
the date, time and place from which removed, the reasons for such
removal, and the name of the garage or place where the vehicle is
stored.
Section 4. Unless the vehicle is being held for
forfeiture proceedings or unless the vehicle is being held as
evidence in a pending criminal case, the Police Department shall
allow the return to the owner of said impounded vehicle when the
owner has furnished evidence of his identity and ownership and
signed a receipt. The owner shall be required to pay any towing
and storage fees which have accrued. In the event that the
vehicle is stored on Town property, the storage fee payable to
the Town of Marana shall be $25.00 plus $10.00 per day or any
fraction thereof that such vehicle is kept in the custody of the
Police Department. Payment of any towing and storage fees shall
not release the owner or driver of such vehicle of any other
penalty which may be imposed for any violation of Town
Ordinances, State laws or Federal laws.
Section 5. In the event forfeiture proceedings are
initiated and later discontinued, the vehicle will be released to
the owner thereof upon payment of the towing and storage fees as
set forth in paragraph 4 above.
Section 6. In the event that a vehicle is being held
as evidence in a pending criminal case, at the final conclusion
of that criminal case (together with the conclusion of all
available appeals) the vehicle shall be returned to the owner of
said vehicle, subject to the payment of all towing and storage
fees as set forth in paragraph 4 above.
Section 7. If an impounded vehicle is not redeemed by
its owner or agent within 30 days after it is subject to be
released, it shall be sold for such charges and costs as set
forth in paragraph 4, in the manner provided by A.R.S. Section
28-1401 et seq. This remedy is cumulative of all other penalties
provided by this Ordinance.
Section 8. This Ordinance and the various parts
thereof are hereby declared to be severable. If any part,
section, paragraph, sentence, clause or phrase is adjudged to be
unconstitutional or invalid, it is hereby declared that the
remainder of this Ordinance shall not be affected thereby.
W~EREAS the immediate operation of this Ordinance is
necessary for the preservation of the public peace, health and
safety of the Town of Marana, Arizona, an emergency is hereby
declared to exist, and this Ordinance shall be in full force and
effect from and after its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town
of Marana, Arizona this ~ day of ~ ~T 1989.
ATTEST:
MAYOR
Dated Signed:
/TOWN C~ERK
APPROVED AS TO FORM:
~DWN ATTORNEY/~