(A) A police officer may, without prior notice, impound said vehicle until such time as a person with a right of possession to the vehicle lawfully claims it and is able to have it lawfully removed from the city’s custody, if the police officer reasonably believes that a person:
(1) Is driving an uninsured vehicle in violation of O.R.S. 806.010;
(2) Is driving while his or her driver’s license is suspended in violation of O.R.S. 811.175 and 811.182;
(3) Is operating a motor vehicle without driving privileges in violation of O.R.S. 807.010(1) or (2); or
(4) Is driving a motor vehicle without a license or driver’s permit in his or her possession in violation of O.R.S. 807.570(1)(a)(1996); or
(5) Is operating a motor vehicle while under the influence of intoxicants in violation of O.R.S. 813.010.
(B) In the event a police officer impounds a vehicle pursuant to the provision of division (A) above, notice consistent with the provision of O.R.S. 819.180(2) shall be sent within 48 hours (excluding weekends and holidays) to any owner(s), lessor or security interest holder(s) as shown by the records of the appropriate Department of Motor Vehicle.
(C) Any person seeking the release of a vehicle impounded pursuant to the provision of division (A) above shall provide the city with proof of insurance and licensure. In addition, except as provided in division (D) below, any person lawfully entitled to the release of the vehicle shall pay, prior to release of said vehicle, any and all accrued towing and storage charges as well as an administrative fee to the city in the amount of $75 to cover the administrative costs of this program.
(D) In the event a person wishes to contest the impoundment of a vehicle seized pursuant to division (A) above, he or she must file a request for a hearing within 48 hours of their receipt of notice of the impoundment.
(1) A hearing shall thereafter be scheduled within 72 hours (not including weekends or holidays) of the receipt of the request by the city. Notice of the hearing shall be sent to the city to all owner(s), lessors or security interest holders as their names appear in the records of the appropriate Department of Motor Vehicles.
(2) At the time of the hearing, the city shall have the burden of proving by a preponderance of evidence that the city had reasonable grounds to believe that the vehicle was subject to impoundment for violation of O.R.S. 806.010, 811.175, 811.182, 807.010(1) and (2), 807.570(l)(a) and/or 813.010.
(3) In the event the Municipal Court determines that the city had reasonable grounds to impound the vehicle, the Court will require that all costs associated with the towing and storage of the vehicle (including the administrative fee set out above) to be paid prior to the release of said vehicle.
(4) In the event the Municipal Court finds that the seizure of the vehicle was improper, the Court shall order the immediate release of the vehicle to the owner or other person with a right of possession, with the costs associated with the towing and impoundment of the vehicle being borne by the city.
(5) In the event a vehicle seized pursuant to division (A) above is not reclaimed by a party entitled to its possession within 30 days of its seizure, the city may thereafter dispose of the vehicle consistent with the terms of O.R.S. 819.210 to 819.215, as applicable.
(Ord. 357, passed 2-25-2002)