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A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right hand wheels parallel to and within twelve inches (12") of the right hand curb or as close as practicable to the right edge of the right hand shoulder so as not to be facing oncoming traffic.
B. On one-way streets vehicles may also park parallel with the curb and with the left hand wheels adjacent to and within eighteen inches (18") of the left hand curb.
C. Angle parking is permitted on any street containing painted lines designating parking at an angle to the curb.
D. The Chief of Police after obtaining the prior approval of the Municipal Council may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any street or highway where after a public hearing it is determined that such stopping, standing or parking would unduly interfere with the free movement of traffic thereof. Such signs as placed by the Chief of Police or the State Road Commission shall be official signs, and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs. (Prior Code § 42-14-2)
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key, placing the transmission in park or the gears in low or reverse if the vehicle has a manual shift, or effectively setting the brakes thereon; and when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway. (Prior Code § 42-14-3)
A. Vehicle Impoundment Without Notice: A vehicle may be impounded with or without citation and without giving prior notice to its owner only under the following circumstances:
1. The vehicle is impeding or likely to impede the normal flow of vehicular or pedestrian traffic;
2. The vehicle poses an immediate danger to the public safety;
3. The vehicle is illegally parked within fifteen feet (15') of a fire hydrant;
4. The vehicle, without a valid designated plate or placard issued under state law, is parked in a stall or space clearly marked and designated for use by disabled persons;
5. A police officer reasonably believes that the vehicle is stolen;
6. A police officer reasonably believes that the vehicle or its contents constitute evidence of an offense and such impoundment is reasonably necessary to obtain or preserve such evidence; provided, however, that nothing in this section shall be construed to authorize the seizure of a vehicle without a warrant where a warrant would otherwise be required;
7. The vehicle was in the possession of a person taken into custody by a law enforcement officer and no other reasonable disposition of the vehicle is available, or the vehicle was in the possession of a person arrested for a felony traffic violation;
8. A police officer reasonably believes that the vehicle's operator, in violation of state law, is driving while uninsured or without a valid driver's license and no other reasonable disposition of the vehicle is available; or
9. The vehicle is parked in the public rights of way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation, and there are six (6) or more parking citations issued against the vehicle that have not been responded to, either by payment of the penalty or appearance at a hearing, for at least thirty (30) days from the date of the filing of the sixth parking citation.
B. Vehicle Impoundment After Notice: A vehicle not subject to impoundment under subsection A of this section may be impounded with notice in compliance with this section. Notice of such proposed impoundment must be securely attached to and conspicuously displayed on the vehicle for a period of forty eight (48) hours prior to such impoundment. Where the vehicle's owner is ascertainable, if possible, verbal notice must be attempted via telephone or at the registered owner's address. A vehicle may only be towed with notice for the following reasons:
1. When such vehicle is parked and/or used in violation of any law, ordinance, or regulation;
2. When such vehicle is an abandoned or junked vehicle (state code 41-6a-1408 defines abandoned as left unattended for 48 hours on a highway or road); or
3. When such vehicle is so mechanically defective as to be unsafe for operation, provided, however, that this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of defective equipment in the manner directed by a police officer.
C. Notice Of Impoundment:
1. After a vehicle has been towed pursuant to this section, notice shall be provided to the registered owner(s) and any other person(s) who reasonably appears to have an interest in the vehicle. Notice will be mailed to such person(s) within twenty four (24) hours after the towing of the vehicle, Sundays and holidays excluded, and will state:
a. That the vehicle has been towed, and a description of the vehicle, including the make, model, color, year, license, and vehicle identification number;
b. The location of the vehicle and that it may be reclaimed only upon evidence that the claimant is the owner or person entitled to possession;
c. The address and telephone number of the person or facility that may be contacted for information of the charges that must be paid before the vehicle will be released and the procedures for obtaining the release of the vehicle;
d. That the vehicle and its contents are subject to a lien for the towing and storage charges, and a vehicle not claimed within thirty (30) days after the mailing date of the notice is subject to sale pursuant to state and local law;
e. That the owner may request a hearing concerning the legality of the impoundment, and the method for requesting such a hearing; and
f. An itemized statement of the amount due and to whom payable for removal and storage of the vehicle at the time of notice.
2. Notice need not be mailed when a vehicle does not display license plates or other identifying markings by which the registration or ownership of the vehicle can be determined, or when the identity of the owner of the vehicle is not available from the appropriate motor vehicle licensing and registration authority.
D. Redemption Of Impounded Vehicles: Vehicles impounded by the city shall be redeemed only under the following circumstances:
1. Only the registered owner, or a person authorized by the registered owner, may redeem an impounded vehicle. A person redeeming an impounded vehicle must produce a valid driver's license.
E. Request For Hearing On Impoundment:
1. The mayor of Logan shall appoint a qualified individual to serve as the hearing officer.
2. After a vehicle has been impounded pursuant to this section, the registered owner(s) and any other person(s) who reasonably appears to have an interest in the vehicle is entitled to request a hearing to contest the validity of the impoundment of the vehicle. The request for a hearing must be in writing and filed with Logan City police department. The request for hearing must state the grounds upon which the person requesting the hearing believes the impoundment is invalid or unjustified, and such other information as the hearing officer may require.
3. The hearing officer shall set and conduct an administrative hearing on the matter within fourteen (14) days of receipt of a proper request filed pursuant to this section, except where a vehicle has not yet been released from impoundment, in which case the hearing officer will set and conduct the hearing within seventy two (72) hours of receipt of the request, not including Saturdays, Sundays, or federally sanctioned holidays.
4. The owner(s) and any other person(s) who has an interest in the vehicle is only entitled to one hearing for each tow of that vehicle. Any person who fails to appear at the hearing without good cause will not be entitled to have such hearing rescheduled.
F. Hearing Procedure:
1. The hearing shall afford a reasonable opportunity for a person(s) to demonstrate by the statements of witnesses and other evidence that the impoundment of the vehicle was invalid or unjustified. The hearing officer shall establish the necessary rules and regulations regarding the conduct of such hearings.
2. The hearing officer shall determine whether the impoundment was proper and whether the removal, towing, storage, and administrative fees were proper. The hearing officer shall not have the authority to determine the validity of a parking citation unless the time for filing a request for a hearing on the parking citation has not passed, in which case the hearing officer has discretion to consolidate the impoundment hearing and the parking citation hearing.
G. Result Of Hearing:
1. If the hearing officer finds that the impoundment of the vehicle was invalid or unjustified, the hearing officer will order the vehicle to be immediately released, and the owner(s) or any other person(s) who has an interest in the vehicle shall not be held liable for any tow and/or storage charges. If the costs of impoundment and the administrative fee have already been paid, the hearing officer shall enter judgment against the city in the amount of the costs of impoundment.
2. If the hearing officer finds that the impoundment of the vehicle was valid and justified, the hearing officer will order that the vehicle continue to be held until the appropriate fees are paid.
3. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.
4. The decision of the hearing officer shall be the final decision by the city. Any person aggrieved by a decision may file a petition for judicial review in a court of competent jurisdiction. (Ord. 16-07, 2016)
The owner of an impounded vehicle may reclaim and obtain the release thereof upon and only upon full compliance with the following conditions precedent:
A. The owner shall furnish to the chief of police or the chief's authorized representative satisfactory evidence of the owner's identity and his or her ownership of the vehicle.
B. The owner shall pay to the city a pound service fee of fifty dollars ($50.00), which fee is levied upon the impounding of every such vehicle. Such sum is determined to be the reasonable cost of impounding a vehicle.
C. The owner shall pay to the city all of its storage costs and expenses incident to storing the vehicle in the authorized vehicle pound and to giving notice of the impounding thereof. In cases where a vehicle has been impounded pursuant to this chapter as originally adopted or as amended, in a vehicle pound maintained and operated by the city, the owner shall pay to the city storage charges at the rate of fifty cents ($0.50) per day or fraction thereof during the first thirty (30) days of storage and at the rate of five dollars ($5.00) per month thereafter which charges are determined to be the reasonable cost of storing and keeping an impounded vehicle by the city.
D. If a criminal charge is made against the owner of such vehicle for the illegal parking thereof or for the operation thereof while the vehicle is improperly registered or without proper license plates, the owner shall sign a written promise to appear at a time certain, as fixed by the chief of police or the chief's representative to answer such charge, or, if required by the chief of police or the chief's representative, shall post bail to secure such appearance before such vehicle is released.
E. The owner shall obtain the written order of the chief of police or the chief's representative directing the release of the vehicle by the poundkeeper and upon receiving the vehicle she or he shall execute a written receipt therefor.
F. In cases where a vehicle has been impounded, as hereinafter provided, by reason of the vehicle having been improperly registered or stolen, or by reason of the obliteration of motor or manufacturer's number or identification marks, such vehicle shall not be released, in any event, until the requirements of Utah Code Annotated 41-1-115 and 41-1-116, 1953, shall have been satisfied.
G. The chief of police after obtaining approval of the municipal council may designate any garage in the city as an authorized vehicle pound. (Ord. 13-10, 2013: prior code § 42-14-5)
The impounding fee levied by this chapter and all storage charges and all costs and expenses incident to the giving of notice of impounding and to the sale of the vehicle as provided in this chapter shall be a lien upon the impounded vehicle, which lien may be summarily foreclosed in the manner hereinafter provided. (Prior code § 42-14-6)
If the owner of an impounded vehicle fails to appear and reclaim it as hereinbefore provided within five (5) days after it is impounded, the chief of police shall send to the registered owner thereof, and to every owner of legal title thereto or lienholder thereon, as disclosed by the records of the state public safety department, a written notice of the impounding of such vehicle and the cause thereof. The notice shall describe the vehicle and shall state that unless the vehicle is reclaimed within thirty (30) days of the date of giving notice, it will be deemed to be abandoned and will be sold by the chief of police in accordance with the ordinances of the city. The notice shall be sent by United States registered mail, directed to the persons to be notified at their last known addresses as disclosed by the records of the state public safety department as set forth in this section. If the chief of police is unable to ascertain the name or address of any person having an interest in the impounded vehicle, such notice shall, in lieu of mailing by registered mail as aforesaid, be published once in a newspaper published and having general circulation in the city, and copies thereof shall be mailed to such person or persons as the chief of police may have reason to believe have or claim some right, title or interest in the vehicle at their last post office address according to the information, if any, received by the chief of police from sources other than the records of the state public safety department. (Prior code § 42-14-7)
A. The notice required by section 10.52.070 of this chapter may be substantially in the following form:
Notice of Impounding and of Intention to Sell Vehicle
To , the owner or owners, and all other persons claiming any right, title or interest in the vehicle hereafter described:
Take notice that on day of , 20 , the following described vehicle, to-wit:
Make and Year License Motor
body type: Model: Number: Number:
was parked on a public street of Logan City, Utah, in violation of (Specifying the ordinance or statute violated), (or, as the case may be, was found with the motor number defaced), and was on that date impounded by Logan City pursuant to the Logan City Traffic Code.
Said vehicle may be reclaimed as provided in said Code upon application at the office of the Logan Police Department, Logan, Utah. If not so reclaimed within thirty (30) days of the mailing (or publication, as the case may be) of this notice, said vehicle will be deemed abandoned, and will be sold at public auction by Logan City.
Dated
LOGAN CITY
By
Chief of Police
B. If the chief of police has not received within five (5) days of the impounding of such vehicle, information regarding the ownership and claimants of the ownership of such vehicle, the chief of police shall note the fact upon the record of impounding kept by her or him as hereinafter provided, and in such case the notice may be directed generally to "any person claiming any interest in the following vehicle". (Prior code § 42-14-8)
A. If any vehicle impounded as hereinbefore provided is not claimed within thirty (30) days after the giving of notice as set forth in this chapter, it shall be deemed to have been abandoned by the owner or owners thereof. At the expiration of such period of time, the chief of police shall advertise such vehicle for sale and sell the same at public auction to the highest bidder for cash. Such advertisement shall be by publication of notice of sale at least once, not less than seven (7) nor more than fourteen (14) days prior to the time fixed for the sale in a newspaper published and having a general circulation in the city, and by publicly posting a notice of such sale for not less than seven (7) nor more than fourteen (14) days prior thereto in three (3) public places in the city and on the vehicle. The chief of police, in his or her discretion, may further advertise such sale by further notice to prospective purchasers; provided, that the cost of such additional advertisement shall not exceed five dollars, but such additional notice is not required.
B. The notice of sale shall describe the vehicle by manufacturer's trade name or make, body type, year model, if known, and motor and license numbers, if any, and shall specify the time and place of sale, which shall be within the corporate limits of the city. A copy of the notice of sale shall be mailed to the owner or owners of the vehicle, if known, at their last known address, at least seven (7) days prior to the date of sale.
C. At the time and place fixed for the sale, the chief of police shall offer for sale and sell the vehicle at public auction to the highest bidder for cash.
D. At such sale the city may bid upon and purchase the vehicle. If the city becomes the purchaser at sale, it may credit upon the purchase price the pound service fee, the storage costs and charges incident to the making of such sale. If the vehicle is not sold to another purchaser, as provided in this chapter, the chief of police shall strike off and sell the same to the city for the amount of such service fee, storage costs, charges and expenses. (Prior code § 42-14-10)
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