(a) Immediate custody and impoundment of
. The city may, in its discretion, take into custody and
any
upon the representation of the
of the private property on which the vehicle is situated that the vehicle’s presence on the property is unauthorized in the following cases:
(1) An unattended vehicle that is on private property:
(A) That is a single-family or duplex residential property;
(B) That is private, nonresidential property that is properly posted with signs prohibiting public parking; or
(C) That is residential property that is properly posted with signs prohibiting public parking.
(2) An unattended vehicle on public property not governed by M.S. Chapter 169, as it may be amended from time to time, and is located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer.
(b) Other custody and impoundment requirements of
. A vehicle may be
after it has been left unattended in one of the following locations for the applicable period of time:
(1) In a public location not governed by M.S. § 168B.035, Chapter 169, as it may be amended from time to time:
(A) On a highway and properly tagged by a peace officer: four hours; or
(B) That is a parking facility or other public property owned or controlled by the city that is properly posted with signs prohibiting public parking: four hours.
(2) On nonresidential private property that is not posted: 24 hours.
(c) Notice of taking and sale of
.
(1) Notice within ten days. When an
is taken into custody, the city shall give notice of the taking within ten days.
(2) Contents of notice. The notice shall:
(A) Set forth the date and place of the taking, the year, make, model and serial number of the
if such information can be reasonably obtained, and the place where the vehicle is being held;
(B) Inform the
and any lienholders of their right to reclaim the
under state law and § 8.22(d) of this Division B of the city code; and
(C) State that failure of the
or lienholders to exercise their right to reclaim the vehicle and contents within the 45-day period set forth in M.S. § 168B.051, as it may be amended from time to time, and § 8.22(d) of this Division B of the city code shall be deemed a waiver by them of all right, title and interest in the vehicle and contents and a consent to the transfer of title to a disposal or sale of the vehicle and contents pursuant to state law and § 8.22(d) of the city code.
(3) Notice by mail or publication. The notice regarding
shall be sent by mail to the registered
, if any, and to all readily identifiable lienholders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered
and all lienholders, the notice shall be published once in a newspaper of general circulation in the city. Published notices may be grouped together for convenience and economy.
(4) Second notice. If an
remains unclaimed after 30 days from the date the notice was sent under this Division B and state law, a second notice shall be sent by regular mail, to the registered
, if any, of the
and to all readily identifiable lienholders of record.
(d) Reclaiming
; sale after 45 days. The
or any lienholder of an
shall have such rights to reclaim the
vehicle and retrieve its contents from the
as set forth in M.S. § 168B.07, as it may be amended from time to time. The failure of the
or lienholder to exercise the right to reclaim the vehicle or its contents before the expiration of the 45 day waiting period set forth in M.S. § 168B.051, as it may be amended from time to time, constitutes a waiver of all right, title and interest in the vehicle, as well as its contents, and a consent to the transfer of title to, and disposal or sale of the vehicle. The vehicle is eligible for disposal or sale 45 days after the second notice to the
. The
or any lienholder of an
shall have a right to reclaim the vehicle from the city and
upon payment of all towing and storage charges resulting from taking the vehicle into custody within 45 days after the date of the second notice to the
.
(e) Sales receipt for purchase of
. If an
and its contents taken into custody by the city or its
is not properly reclaimed, it may be disposed of or sold at auction or sale. The purchaser shall be given a receipt in a form prescribed by the registrar of
which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Pursuant to state law, before such a vehicle is issued a new certificate of title it must receive a
safety check.
(1958 Code, § 101.02) (Ord. 86, passed 8-20-1956; Ord. 93, passed 12-3-1956; Ord. 125, passed 10-21-1957; Ord. 143, passed 5-27-1958; Ord. 21, passed 3-20-1961; Ord. 77, passed 5-7-1962; Ord. 65-7, passed 2-15-1965; Ord. 70-47, passed 11-9-1970; recodified by Ord. 2013-9, passed 4-1-2013)