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Ord 2151 - Tow & Impound Vehicle COUNCIL BILL NO. 1649 ORDINANCE NO. 2151 AN ORDINANCE AUTHORIZING THE TOWING AND IMPOUNDMENT OF VEHICLES OPERATED BY UNINSURED MOTORISTS, ESTABLISHING PROCEDURES, AND DECLARING AN EMERGENCY. WHEREAS, the Oregon Legislature passed Chapter 814, Oregon Laws 1993, which authorizes a police officer, in areas where the urban growth boundary has a population of at least 40,000. to tow and impound vehicles if the police officer has reasonable grounds to believe that the vehicle is not insured, and WHEREAS, the passage of this state law did not limit the authority of cities located in areas where the Urban Growth Boundary has a population of less than 40,000, to adopt an ordinance addressing the impounding of uninsured vehicles, and WHEREAS, in March 1994, the city of Woodburn, based upon state law and the city's home rule authority, adopted Ordinance 2120 authorizing the towing and impoundment of vehicles operated by uninsured motorists within the corporate boundaries of the city, and WHEREAS, Ordinance 2120 was automatically repealed one year after its enactment date and is no longer in effect. WHEREAS, the City Council finds that Ordinance 2120 was an effective enforcement tool and was of substantial benefit to the community and residents of Woodburn, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1, Any police officer may, without prior notice, order a vehicle towed when the police officer reasonably believes that the vehicle's operator is driving uninsured. Section 2. After a vehicle has been towed pursuant to this Ordinance, notice shall be provided to the registered owner(s) and any other person(s) who reasonably appears to have an interest in the vehicle. Notice shall be personally served or mailed to such persons within 48 hours after the tow of the vehicle, Saturdays, Sundays, and holidays excluded, and shall state: Page 1 - COUNCIL BILL NO. 1649 ORDINANCE NO. 2151 A. The vehicle has been towed; B. The location of the vehicle and that it may be reclaimed only upon evidence that the claimant is the owner or person entitled to possession; C. The address and telephone number of the person or facility that may be contacted for information on the charges that must be paid before the vehicle will be released and the procedures for obtaining the release of the vehicle; D. The vehicle and its contents are subject to a lien for the towing and storage charges and will be subject to sale by the towing and storage facility where the vehicle is located. E. A hearing may be requested to contest the validity of the tow. F. The time in which a hearing must be requested and the method of requesting a hearing. G. That an application for a hearing must be filed with and received by the Municipal Judge not later than 5 business days after the vehicle was towed. Section 3. No notice need be provided pursuant to this ordinance when: A. A vehicle does not display license plates or other identifying markings by which the registration or ownership of the vehicle can be determined, or; B. When the identity of the owner of the vehicle is not available from the appropriate motor vehicle licensing and registration authority and when the identity and address of the owner andlor other persons with an interest in the vehicle cannot otherwise be reasonably determined. Section 4. Written notice of the opportunity to contest the validity of the tow of a vehicle, together with a statement of the time in which a hearing may be requested and the method of requesting a hearing, must be given to each person who seeks to redeem a vehicle which has been towed pursuant to this ordinance. This information will be made available by the tow company or other facility holding such vehicle. Section 5. After a vehicle has been towed pursuant this ordinance the owner(s) and any other persons who reasonably appears to have an interest in the vehicle are, upon timely application filed with the Municipal Judge, entitled to request a hearing to contest the validity of the tow or intended tow of the vehicle, Section 6. Application for a hearing must be filed with and received by the Municipal Judge not later than 5 business days after the vehicle was towed. Section 7. The Municipal Judge may, for good cause shown, grant a request for hearing filed after the foregoing time requirements have expired. Section 8. The request for hearing must be in writing and shall state the grounds upon which the person requesting the hearing believes the tow or Page 2 - COUNCIL BILL NO. 1649 ORDINANCE NO. 2151 -......m_'__"_"_,..._~~_.,,__...__,__...~M proposed tow invalid, or, for any other reason, unjustified. The request for hearing will also contain such other information, relating to the purposes of this ordinance, as the Municipal Judge may require, Section 9. The Municipal Judge shall set and conduct an administrative hearing on the matter within 14 days of receipt of a proper request filed pursuant to this ordinance, In all cases where a vehicle has been towed and not yet released, however, the Municipal Judge shall set and conduct the hearing on the next regularly scheduled Municipal Court day, upon receipt of the request. Section 10. At the hearing, the City 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 ORS 806.010. The police officer who ordered the vehicle impounded may submit an affidavit to the Municipal Judge in lieu of making a personal appearance at the hearing. Section 11. The Municipal Judge shall make any necessary rules and regulations regarding the conduct of such hearings, consistent with this ordinance. Section 12, If the Municipal Judge finds that the towing and impoundment of the vehicle was proper, the Municipal Judge shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for the usual and customary towing and storage costs. The Municipal Judge may also find the owner or person entitled to possession of the vehicle liable for the costs of the hearing. Section 13, If the Municipal Judge finds that the towing and impoundment of the vehicle was improper, the Municipal Judge 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 and storage charges resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the Municipal Judge shall order it paid by the City. Section 14. The decision of the Municipal Judge is a quasi-judicial decision and is final, is not appealable to the City Council, and is only appealable to Circuit court by writ of review. Any person who has a hearing scheduled and fails to appear at such hearing without good cause shown, as determined by the Municipal Judge, shall not be entitled to have such hearing rescheduled. The owner(s) and any other person(s) who have an interest in the vehicle are only entitled to one hearing for each tow of that vehicle. Section 15, Any private company that tows and stores any vehicle pursuant to this ordinance, shall have a lien on the vehicle, in accordance with ORS 87.152, Page 3 - COUNCIL BILL NO. 1649 ORDINANCE NO. 2151 for the just and reasonable charges for the tow and storage services performed. The company may retain possession of that vehicle, consistent with this ordinance and Oregon law until towing and storage charges have been paid. Section 16. A vehicle towed pursuant to this ordinance shall be immediately released to the person(s) entitled to lawful possession upon proof of compliance with financial responsibility requirements for the vehicle, payment to the City of a fee of $15 and payment of towing and storage charges. Proof shall be presented to the Woodburn Police Department, who shall authorize the person storing the vehicle to release it upon payment of charges, Section 17. If towing and storage charges are owed to a private company, the City shall pay them if, after a hearing, the tow is found to be invalid or for any other reason not justified and the charges have not previously been paid. Section 18. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Cou cil and approval by the Mayor. Approved as to for::rl ,cru- ~ 20 q S- City Attorney APPROVED: July Passed by the Council Submitted to the Mayor July Approved by the Mayor July 25, 1995 Filed in the Office of the Recorder July 25, 1995 ATTEST: fYl~/~* Mary nnant, City Recorder City of Woodburn, Oregon Page 4 - COUNCIL BILL NO. 1649 ORDINANCE NO. 2151 -_._-_.._--~--