(a) Impounding Or Moving Motor Vehicles.
(1) Impounding Personnel.
A. Run the vehicle's license plate number and VIN through LEADS.
B. Contact a wrecker.
C. When able, remove any license plate not registered to the vehicle, and either:
1. Place the plate(s) into an OBMV mailing envelope, form BMV3613, and mail to the OBMV, or;
2. Submit the plate(s) to the Impound Manager
D. Conduct an inventory of the contents of all reasonably accessible areas and containers in the vehicle and complete the inventory on the Impound Submission.
1. If the passenger compartment of the vehicle is inaccessible, conduct the inventory by looking through the windows.
2. If a VIN was not located, write NO VIN in the VIN box on the form.
3. List the inventoried property on the Impound Submission and mark its disposition.
4. Note the disposition of any license plate removed from the vehicle on the Impound Submission.
5. List existing damage to the vehicle on the Impound Submission and photograph damage.
6. When the vehicle is impounded solely because the operator was removed due to illness or injury, write SAFEKEEPING on the remarks in the Impound Submission.
E. Retrieve any of the following property from the vehicle and place it in the Secure Evidence Room:
1. Contraband.
2. Weapons.
3. More than twenty dollars ($20.00) in currency.
4. Any property of high value or subject to theft should be secured in the vehicle (locking glove compartment or trunk) or placed in the Evidence Room.
F. Allow the owner or operator to retrieve paperwork or property from the vehicle, when appropriate.
G. Leave the ignition key with the vehicle when impounding.
H. As able, secure the vehicle against weather conditions.
I. Leave the violator's copy of any parking ticket with the vehicle.
J. Complete the Impound Submission and have the impound manager forward it to the contracted tow company. If able to print the submitted version from the MDT, complete that as well:
1. Submit the form.
2. Select print/download form and print to in car printer.
3. If unable to print, advise the tow company the form will be received by email.
4. Inform the contracted tow company to tow the vehicle to the Village of Ashville Impound lot.
5. Log the impound on the officer's call record or create additional call records solely for the impound if the current call record will be regarding an arrest from the impound
(b) Impounding Vehicles for Driving Under Suspension (DUS}or Operating a Vehicle Under the Influence (OVI).
(1) Follow the impounding procedures outlined above.
(2) Seize the vehicle when the vehicle is registered in the arrested person's name and the arrest involved any of the following charges:
A. Driving Under an OVI Suspension.
B. Driving Under an FRA Suspension or Cancellation, with at least one prior conviction within five (5) years of the current offense.
C. Wrongful Entrustment.
D. OVI with at least one prior conviction within six (6) years of the current offense, or with any prior felony OVI conviction.
(3) When seizing a vehicle, remark in Impound Submission and mark the appropriate box to indicate the reason for the seizure.
(c) Impounding Vehicles Used in Felonies/Misdemeanors.
(1) Impounding Personnel.
A. Contact the appropriate investigative unit/supervisor when the vehicle was used in a felony crime. Follow the directions of investigative/supervisory personnel regarding impounding the vehicle for evidence. Determine if evidence processing is necessary for serious misdemeanor crimes.
B. Follow the applicable procedures above and remark on Impound Submission to indicate HOLD FOR EVIDENCE PROCESSING as necessary.
C. When a vehicle is impounded as evidence, or to be processed for evidence, maintain visual contact with the vehicle until it is released by the contracted wrecker at the appropriate storage location. Remark on the Impound Submission, and list your name and badge number.
(2) Investigative Personnel.
A. Direct sworn personnel in regard to impounding the vehicle for evidence. Ensure that HOLD OR EVIDENCE PROCESSING is remarked on the tow form if the vehicle will be processed for evidence.
B. When the vehicle is to be processed for evidence, have the vehicle placed in the appropriate enclosed area at the Ashville Police Department garage.
C. Follow your respective SOP for releasing impounded vehicles no longer needed for investigative purposes.
(d) Impounding Vehicles Suspected Only of Being Stolen.
(1) Follow the impounding procedures outlined above.
(2) Mark VEHICLE SHOWS EVIDENCE OF BEING STOLEN on the tow sheet.
(3) Complete a Stolen Vehicle Incident Report. In the narrative of the report, document all reasons the vehicle was suspected of being stolen and any investigative actions taken.
(e) Impounding Stolen Vehicles.
(1) Document the recovery:
A. For unreported stolen vehicles:
1. Have an electronic report completed for vehicles stolen in Ashville jurisdiction, or
2. Request the appropriate foreign agency complete a report for vehicles stolen outside of Ashville jurisdiction.
B. For stolen vehicle reports entered by the police department, add an electronic report to the investigative folder. For stolen vehicle reports entered by a foreign agency, indicate the agency information and investigating officer contact information in the Incident Report.
(f) Impounding Vehicles Towing Trailers or Other Vehicles.
(1) Follow the impounding procedures outlined above.
(2) Complete a separate tow form for the towing vehicle, the trailer, and each vehicle on the towing vehicle or trailer. Separate forms are required because the vehicles and trailers may be released at different times.
(g) Impounding or Removing Vehicles Involved in Traffic Crashes.
(1) Request a wrecker when the owner, operator, or an authorized person is available to make arrangements for the towing.
(2) Request a wrecker and impound the vehicle when the owner or operator is unable to make arrangements for the towing:
A. When the operator is charged with an offense, remark the charge on the tow form.
B. When the operator is not charged with an offense, write SAFEKEEPING in the remarks on the tow form.
C. When possible, advise the owner or operator that the vehicle was towed, and that they are responsible for the towing fees and any storage fees, even when impounded for safekeeping.
(3) Only allow a private towing company that is not a contracted wrecker to tow a motor vehicle from a traffic crash scene when:
A. The towing company has been authorized to do so by the owner or operator.
B. There is no legal requirement or need to impound the vehicle.
(4) Ensure the contracted wrecker sweeps and cleans the roadway of any debris before they leave the traffic crash scene.
(h) Abandoned Vehicles.
(1) Impound any abandoned vehicle found to be in violation of a parking code.
(2) When an abandoned vehicle is on the highway in a non-hazardous location:
A. Affix the notice sticker to the rear window of the vehicle or place the notice under a front windshield wiper when weather conditions dictate.
B. Impound abandoned vehicles left in the same location for forty-eight (48) hours after the initial inspection.
(Ord. 2022-05. Passed 2-28-22.)