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6-3-1: - AUTHORITY TO IMPOUND; NUISANCE ABATEMENT:#
Every police officer of the city is authorized summarily to seize and take possession of every abandoned and/or illegally parked or operated vehicle, without a warrant, wherever found, by removing or causing such vehicle to be removed and impounded in any authorized vehicle pound. Every police officer of the city is also further authorized to seize and take possession of any vehicle which is being operated upon the public streets of the city with improper registration, registration that has been expired for more than three (3) months, or registration that is suspended or revoked. A police officer may also impound a vehicle which he has good reason to believe has been stolen, or on which any motor number, manufacturer's number or identification mark has been defaced, altered or obliterated. Additionally, if the vehicle being impounded has an attached trailer, the trailer may also be seized to transport the vehicle. Every police officer so impounding a vehicle shall, within twenty-four (24) hours, make written report thereof to the police chief, specifying the manufacturer's trade name and model of the impounded vehicle, its license and motor number, the time and place where the vehicle was taken and impounded, and the cause of impounding. The vehicle used to impound the vehicle in violation shall meet the standards of the department of public safety and the motor safety carrier act.
(Ord. 815, 9-25-2012)
6-3-2: - RECLAIMING OF IMPOUNDED VEHICLES; FEE:#
The owner of an impounded vehicle may reclaim and obtain the release thereof upon and only upon full compliance with the following conditions precedent: A.
Identity; Proof of Ownership: He shall furnish to the police chief or his authorized representative, satisfactory evidence of his identity and his ownership of said vehicle.
B.
Service Fee: He shall pay to the city an impound service fee, which fee is hereby levied upon the impounding of every such vehicle. Said sum is hereby determined to be the reasonable cost of impounding a vehicle.
C.
Storage Costs and Expenses: He shall pay to the city all of its storage costs and expenses incident to storing the vehicle in the authorized vehicle pound and to giving notice of the impounding thereof as hereinafter provided. In cases where a vehicle has been impounded pursuant to this chapter as originally adopted or as amended, in a vehicle pound maintained and operated by the city, he shall pay to the city storage charges, which charges are hereby determined to be the reasonable cost for storing and keeping an impounded vehicle by the city.
D.
Promise to Appear for Criminal Charge: If a criminal charge is made against the owner of such vehicle for the illegal parking thereof or for the operation thereof while said vehicle is improperly registered or without proper license plates, he shall sign a written promise to appear at a time certain, as fixed by the police chief, to answer such charge, or, if required by the police chief, or his representative, shall post bail to secure such appearance. It is specifically provided, however, that if the owner of said vehicle resides outside of the county, the posting of bail, as fixed by the justice court judge or any bail commissioner having jurisdiction thereof, to answer such charge, shall be required before such vehicle is released.
E.
Order of Release: He shall obtain the written order of the police chief or his representative, directing the release of the vehicle by the pound keeper, and upon receiving the vehicle he shall execute a written receipt therefor.
F.
Improperly Registered, Stolen Vehicles: In cases where a vehicle has been impounded, as hereinafter provided, by reason of the vehicle having been improperly registered or stolen, or by reason of the obliteration of motor or manufacturer's numbers or identification marks, such vehicle shall not be released, in any event, until the requirements of Utah Code Annotated sections 41-1a-1101 and 41-1a-1102, shall have been satisfied, or until such release has been specifically authorized by the motor vehicle division of the state tax commission.
(1985 Code § 12-3-2; amd. 2001 Code; Ord. 815, 9-25-2012; Ord. 826, 11-20-2012)
6-3-3: - FEES AND STORAGE CHARGES; WAIVER; LIEN:#
A.
Waiver: If, upon the reclaiming of an impounded vehicle by the owner thereof, it shall be made to appear to the police chief by evidence satisfactory to him that the said vehicle was stolen from the owner thereof and that the owner is not responsible for the cause for which such vehicle was impounded, the police chief may waive the impounding fee, and, if said vehicle has been kept and stored in a pound maintained by the city itself, the storage charges assessed against said vehicle.
B.
Fee and Expense a Lien: The impounding fee levied hereby and all storage charges and all costs and expenses incident to the giving of notice of impounding and to the sale of said vehicle as herein provided shall be a lien upon the impounded vehicle, which lien may be summarily foreclosed in the manner hereinafter provided.
(1985 Code § 12-3-4; Ord. 815, 9-25-2012)
6-3-4: - NOTICE OF IMPOUNDING:#
A.
Required: If the owner of an impounded vehicle fails to appear and reclaim it as hereinbefore provided within five (5) days after it is impounded, the police chief shall send to the registered owner thereof, and to every owner of legal title thereto or lienholder thereon, as disclosed by the records of the motor vehicle division of the state tax commission, a written notice of the impounding of such vehicle and shall state that unless the vehicle is reclaimed within thirty (30) days of the date of giving notice it will be deemed to be abandoned and will be sold by the police chief in accordance with the ordinances of the city. The notice shall be sent by the United States registered mail, directed to the persons to be notified at their last known addresses as disclosed by the records of the state tax commission as aforesaid. If the police chief is unable to ascertain the name or address of any person having an interest in the impounded vehicle, such notice shall, in lieu of mailing by registered mail as aforesaid, be published once in a newspaper having general circulation in the city, and copies thereof shall be mailed to such person or persons as the police chief may have reason to believe have or claim some right, title or interest in said vehicle at their last post office address according to the information, if any, received by the police chief from sources other than the records of the state tax commission aforesaid.
B.
Form of Notice:
1.
The notice required by subsection A of this section may be substantially in the following form:
Notice of Impounding and of Intention to Sell Vehicle
To _______________, the owner or owners, and to all other persons claiming any right, title or interest in the vehicle hereinafter described:
Take notice that on the ______day of _______, ______, the following described vehicle, to-wit: Make and
body type: Year
model: License
number: Motor
number:
was parked on a public street of the city of Riverdale, Utah, in violation of (specifying the ordinance or statute violated), or, as the case may be, was operated with improper registration, or was found with the motor number defaced, and was on that date impounded by the city of Riverdale pursuant to Riverdale Municipal Code title 6, chapter 3.
Said vehicle may be reclaimed as provided in Riverdale Municipal Code title 6, chapter 3 upon application at the office of the police chief, city of Riverdale police department, Riverdale, Utah. If not so reclaimed within thirty (30) days of the mailing (or publication, as the case may be) of this notice, said vehicle will be deemed abandoned, and will be sold at public auction by the city of Riverdale.
Dated: ___ CITY OF RIVERDALE
BY: ___ Police Chief
2.
If the police chief has not received, within five (5) days of the impounding of such vehicle, information regarding the ownership and claimants of the ownership of such vehicle, he shall note that fact upon the record of impounding kept by him as hereinafter provided, and in such case the notice may be directed generally to "any person claiming any interest in the following vehicle".
C.
Proof of Notice: Proof by affidavit of the giving of notice of impounding as hereinbefore provided shall be made in duplicate and preserved with the record of impounding hereinafter provided.
(1985 Code § 12-3-7; Ord. 815, 9-25-2012)
6-3-5: - SALE OF UNCLAIMED VEHICLES:#
A.
Authority; Notice; Sale:
1.
If any vehicle impounded as hereinbefore provided is not claimed within thirty (30) days after the giving of notice as aforesaid, it shall be deemed to have been abandoned by the owner thereof. At the expiration of which period of time, the police chief shall advertise such vehicle for sale and sell the same at public auction to the highest bidder for cash. Such advertisement shall be by publication of a notice of sale at least once, not less than seven (7) nor more than fourteen (14) days prior to the time fixed for the sale in a newspaper having a general circulation in the city, and by publicly posting a notice of such sale for not less than seven (7) nor more than fourteen (14) days prior thereto, as follows: one copy at the front door of the city office building; one copy at some other public place in the city to be selected by the police chief; and one copy at the entrance to the vehicle pound where said vehicle is stored. The police chief, in his discretion, may further advertise said sale by further notice of advertisement in a newspaper by him deemed to be most likely to give notice to prospective purchasers; provided, that the cost of such additional advertisement does not exceed five dollars ($5.00), but such additional notice is not required.
2.
The notice of sale shall describe the vehicle by manufacturer's trade name or make, body type, year, model, if known, and motor and license numbers, if any, and shall specify the time and place of sale, which shall be within the corporate limits of the city. A copy of the notice of sale shall be mailed to the owner of said vehicle, if known, at their last known address, at least seven (7) days prior to the date of said sale.
3.
At the time and place fixed for the sale, the police chief shall offer for sale and sell the said vehicle at public auction to the highest bidder for cash.
4.
At such sale, the city may bid upon and purchase said vehicle. If the city becomes the purchaser at such sale, it may credit upon the purchase price the pound service fee, the storage costs and charges incident to the impounding of the vehicle, and its costs and expenses incident to the making of such sale. If the vehicle is not sold to another purchaser, as hereinbefore provided, the police chief shall strike off and sell the same to the city for the amount of such service fee, storage costs, charges and expenses.
B.
Certificate of Sale: Upon consummation of the sale and receipt of the purchase price therefor, the police chief shall deliver possession of the vehicle to the purchaser and shall also execute and deliver to the purchaser his certificate of such sale. The certificate shall describe the vehicle in substantially the same manner as the notice of impounding, shall recite the fact of the sale, the price paid, and the purchaser's name and address, and shall contain a reference to subsection A of this section, which constitutes the authority for the sale. A copy of the certificate shall be filed with the city recorder.
C.
Disposition of Monies Received: All monies received by the police chief upon the sale of such vehicle shall be deposited in the city treasury. At any time within one year from and after such sale, the former owner of the vehicle sold, upon application to the city council, and upon presentation of satisfactory proof of ownership of the vehicle sold, shall be paid the proceeds of such sale, less the impounding fee, storage charges and expenses of sale hereinbefore provided. If the proceeds of such sale are not reclaimed within the said period of one year, they shall be credited to the general fund of the city.
(Ord. 815, 9-25-2012)
6-3-6: - RECORDS MAINTAINED:#
The police chief shall keep a record in duplicate of all vehicles impounded by manufacturer's trade name or make, body type, year, model and license number, the names of the owners of such vehicles, if the same are known, and the names and addresses of all persons claiming the same, and such other descriptive matter as may identify such vehicle, the nature and circumstances of the impounding thereof, and the violation, if any, on account of which such vehicles were impounded, the date of such impounding, the name and address of any person to whom any such vehicle is released, a record of all notices given with respect to the impounding and sale of such vehicle, and a record of the sale thereof, if any. Whenever such vehicle has been sold, as hereinbefore provided, one of the copies of such record shall be filed with the city recorder with the certificate of sale, and a copy of the affidavit of the giving of notice upon the impounding and sale of such vehicle.
(Ord. 815, 9-25-2012)
6-3-7: - DESIGNATION OF VEHICLE POUND AND TREATMENT OF VEHICLE:#
The police chief, with the approval of the city council, shall designate such vehicle pounds and appoint such vehicle pound keepers to have charge thereof as may be necessary or convenient to carry out the provisions hereof, and agree with such pound keepers as to the terms of their service. No person having charge over the impounded vehicle shall operate or allow a vehicle to be operated without prior written permission of the owner of the vehicle unless the operation is incidental and necessary to move the vehicle from one parking space to another within the facility and is necessary for the normal management of the facility. The police officer shall record the mileage shown on the vehicle's odometer at the time of seizure if that information is accessible.
(Ord. 815, 9-25-2012)
6-3-8: - IMPOUNDING DOES NOT PRECLUDE CRIMINAL PROSECUTION:#
Neither the impounding nor the sale of a vehicle, nor the payment of the impounding fee, storage charges and other expenses as hereinbefore provided, shall preclude the criminal prosecution of the owner or operator of the impounded vehicle for any public offense.
(1985 Code § 12-3-13)