CHAPTER 7
REMOVAL, PRESERVATION AND CUSTODY OF MOTOR VEHICLES

SECTION:

6-7-1: Police Department Authorized To Remove Vehicles

6-7-2: Definitions

6-7-3: Determine And Notify Owner

6-7-4: Procedures To Dispose Of Vehicle

6-7-5: Removal Of Impounded Vehicle By Owner

6-7-6: Payment Of Costs

6-7-1: POLICE DEPARTMENT AUTHORIZED TO REMOVE VEHICLES:

   (A)   Removing Vehicles: The police department of the city, or any of its duly authorized representatives, employees or designees, all herein referred to as "police", are hereby authorized to remove or have removed any "motor vehicle" or motor vehicles, or "vehicle" or vehicles, as defined in section 6-7-2 of this chapter, herein referred to as "vehicle", whether one or more, from any public street, way or parking lot, including any way generally and ordinarily used by the public, all herein referred to as "public way" within the city, when such vehicle:

      1.   Is left unattended and situated upon any public way so as to cause or constitute a safety hazard or obstruction to traffic.

      2.   Is disabled and situated upon any public way so as to cause or constitute a safety hazard or obstruction to traffic and the person or persons in charge of such vehicle are incapacitated and unable to properly provide for the care, custody and removal of such vehicle, or because of the violation of a law or laws, are forbidden from properly providing for the care, custody and removal of such vehicle.

      3.   Is parked in a "no parking zone" which is conspicuously so marked by signs, curb markings or street markings.

      4.   Is parked in a parking zone for an interval of more than six (6) hours.

      5.   Is parked on any public way and has not moved at least a vehicle length for more than five (5) consecutive days.

      6.   Has been parked on a public way in a parking zone marked as reserved for handicapped persons for more than six (6) hours.

      7.   Is parked in violation of section 10-6-13 of this code.

   (B)   Penalty: Any person whose vehicle or motor vehicle shall violate or fail to comply with any of the provisions of this section shall be deemed guilty of an offense and shall be punished by a fine of not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00). It is intended that this is the absolute liability of the person whose vehicle or motor vehicle is found to have violated this section, unless that person can conclusively prove that the vehicle was at the time of the violation stolen or similarly beyond the registered owner's custody or control. (Ord. 897, 2-21-2017)

6-7-2: DEFINITIONS:

The following definitions are adopted for use with this chapter:

MOTOR VEHICLE: Every vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state, except that this term also includes trailers, semitrailers, and house trailers. This term does not include a bicycle as defined in Montana Code Annotated section 61-1-123 1 .

VEHICLE: Every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by animal power or used exclusively upon stationary rails or tracks 2 . (Ord. 718, 12-19-1983)

 

Notes

1	1. MCA, 61-1-102, 1983.
2	2. MCA, 61-1-103, 1983.

6-7-3: DETERMINE AND NOTIFY OWNER:

Whenever a vehicle is removed and impounded as hereinabove provided, the police will as soon as reasonably possible:

   (A)   Determine the owner of such vehicle;

   (B)   Notify the owner of the:

      1.   Removal and impoundment of the vehicle and the reason therefor;

      2.   Location of such vehicle;

      3.   Procedure required to obtain the return of such vehicle. (Ord. 660, 3-6-1978)