A. A police officer who reasonably believes that a person is operating a motor vehicle on any highway or premises open to the public without either of the following may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by the tow hearings officer:
1. Being insured while driving the vehicle under a motor vehicle liability insurance policy that meets the requirements described under O.R.S. 806.080; or
2. The person or the owner of the vehicle providing the Department of Transportation with other satisfactory proof of compliance with the financial responsibility requirements of this state in violation of O.R.S. 806.010.
B. A vehicle impounded under this chapter shall be released to a person entitled to lawful possession upon proof of compliance with financial responsibility requirements for the vehicle, payment to the police agency of a fee and payment of any towing and storage charges. Proof shall be presented to the City Police Department, which shall authorize the person storing the vehicle to release it upon payment of the charges. This fee shall be set forth by resolution.
(Am. Ord. 1327, passed 5-19-2010)
A. If the City Police Department takes custody of a vehicle pursuant to this chapter, it shall provide, either personally or by certified mail within 48 hours of the removal, written notice with an explanation of procedures available for obtaining a hearing under § 10.12.030 of this chapter to the owners of the vehicle and any lessors or security interest holders as shown in the records of the Department of Transportation. The notice shall state that the vehicle has been taken into custody and shall give the location of the vehicle and describe procedures for the release of the vehicle and for obtaining a hearing under § 10.12.030 of this chapter. The 48-hour period under this section does not include holidays, Saturdays or Sundays.
B. Any notice given under this section after a vehicle is taken into custody and removed shall state all of the following:
1. That the City Police Department took the vehicle into custody and removed the vehicle and the statute, ordinance or rule under which the vehicle has been taken into custody and removed;
2. The location of the vehicle or the telephone number and address of the City Police Department that will provide the information;
3. That the vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of the notice and the daily storage charges;
4. That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid by a date specified by the City Police Department;
5. That the owner, possessor or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to contest the reasonableness of the charges for towing and storage if a hearing is timely requested;
6. The time within which a hearing must be requested and the method for requesting a hearing; and
7. That the vehicle impounded under this chapter shall be released to a person entitled to lawful possession upon proof of compliance with financial responsibility requirements for the vehicle, payment to the police agency of a fee and payment of any outstanding towing and storage charges. This fee shall be set forth by resolution.
(Am. Ord. 1327, passed 5-19-2010)
A. A person entitled to lawful possession of a vehicle impounded under this chapter may request, in writing, a hearing to contest the validity of the impoundment. The written request must be made within 5 calendar days of the impoundment. The request shall be made to the Chief of Police or his or her designee.
B. When a timely request for a hearing is made, a hearing shall be held before the tow hearings officer designated by the city. The hearing shall be set within 4 calendar days after the request is received, excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person asking for the hearing.
C. The City Police Department 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 O.R.S. 806.010. The police officer who ordered the vehicle impounded may submit an affidavit to the tow hearings officer in lieu of making a personal appearance at the hearing.
D. If the tow hearings officer finds that the impoundment of the vehicle was proper, he or she shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for usual and customary towing and storage costs. The tow hearings officer may also find the owner or person entitled to possession of the vehicle liable for costs of the hearing.
E. If the tow hearings officer finds that impoundment of the vehicle was improper, the hearings officer 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 or storage costs resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the hearings officer shall order it paid by the city.