(A) Abandonment Prohibited:
1. No person shall abandon a vehicle upon any highway, street, alley, roadway, or right of way thereof.
2. No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.
3. Any person convicted of a violation of this section shall be fined in a sum not less than one hundred dollars ($100.00) and not to exceed three hundred dollars ($300.00) for any one offense and such person may be confined in jail for a period of not more than thirty (30) days. Either or both such fine and imprisonment may be imposed.
(B) Presumption: The abandonment of any vehicle shall create a presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle.
(C) Removal Of Stolen Vehicles Or Vehicles Found Under Emergency Circumstances:
1. Any city law enforcement officer, upon discovery of a vehicle reported as stolen and not recovered, or any vehicle involved in any emergency circumstances, may take the vehicle into custody and cause it to be taken to and stored in a suitable place, or may cause the vehicle to be placed in the custody of a tow truck operator, all expenses of towing and storage to be those of the vehicle owner unless otherwise determined according to the provisions of subsection (E)5 of this section.
2. Within forty eight (48) hours of the time that the vehicle is taken into custody and is stored pursuant to this subsection, the city shall give written notice by certified mail to the registered and legal owners of the vehicle, if known. The notice shall state:
(a) That the vehicle has been taken into custody and stored; and
(b) The location of storage of the vehicle.
3. The city shall appraise the vehicle and shall include in the notice, identification of the officer; location of the vehicle; a description of the vehicle including make, year, model, identification number, license number, state of registration and, if a motorcycle, an engine number; and the statutory authority for storage.
(D) Removal Of Abandoned Vehicles By Authorized Officer: Any city law enforcement officer within the city where a vehicle is located, who has reasonable grounds to believe that the vehicle has been abandoned, may remove the vehicle from a highway, street, alley, roadway, or right of way thereof, or from public or private property to a garage or place of safety.
Upon discovery of an abandoned vehicle which is not within the class of vehicles defined under "emergency circumstances" in subsection (C) of this section, a city law enforcement officer shall attach on the vehicle, in plain view, a notice that this vehicle will be towed away at the expiration of forty eight (48) hours as an abandoned vehicle. The notice shall contain the name of the city law enforcement officer who prepared the notice; the time and date after the vehicle will be removed; the telephone number and address at the city where further information can be obtained. A reasonable attempt shall be made to notify, by telephone, the owner of any vehicle which has current license plates and registration as shown on the records of the Idaho transportation department, prior to the expiration of the forty eight (48) hour notice period, of the location of the vehicle and the time and date of intent to remove the vehicle. The inability of a city law enforcement officer to notify the owner shall not preclude the removal of the vehicle at the expiration of the forty eight (48) hour period.
Any vehicle which does not have current or any license plates attached may be immediately removed to a safe place of storage.
(E) Poststorage Hearing:
1. Whenever a city law enforcement officer directs the towing or storage of a vehicle, except vehicles impounded for investigation pursuant to subsection (C) of this section (the emergency removal provision), the city shall provide the vehicle's registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
2. A notice of the storage shall be sent by certified mail to the registered and legal owners within forty eight (48) hours, excluding the weekends and holidays, and shall include the following information:
(a) The name, address, and telephone number of the city providing the notice;
(b) The location of the place of storage and description of the vehicle which shall include, if available, the name or make, identification number, the license plate number, and the mileage;
(c) The authority and purpose for the removal of the vehicle; and
(d) In order to receive a poststorage hearing, the owners, or their agents, must request the hearing in writing within ten (10) days of the date of the notice. Any such hearing shall be conducted within forty eight (48) hours of the request, excluding weekends and holidays. The city may authorize its own city law enforcement officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the storage of the vehicle.
3. Failure of either the registered or legal owner, or his agent, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement as to that person.
4. The provisions of this section shall not apply to vehicles removed from private property pursuant to subsection (F) of this section.
5. The city shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that probable cause for storage cannot be established.
(F) Removal Of Unauthorized And Abandoned Vehicle From Real Property:
1. Any person having possession or control of real property who finds an unauthorized vehicle standing upon his property is permitted to have the vehicle removed if there is posted on or near the property in a clearly conspicuous location, in large print, a sign or notice that unauthorized vehicles will be removed at the owner's expense and designating the name of the towing firm. Unauthorized vehicles need not meet the definition of "abandoned vehicle" (section 5-5-330 of this subchapter) in this instance. All signs must otherwise comply with relevant sections of this code.
2. Any person having possession or control of real property who finds an abandoned vehicle standing on his property, where the property is not posted as set out in subsection (F)1 of this section, may contact a city law enforcement officer, who must in turn comply with the provisions of subsection (D) of this section, in accomplishing the removal of the vehicle except under those circumstances set out in subsection (F)3 of this section.
3. Where access into or out of private property or substantial interference with the use and enjoyment of private property is created by an unauthorized or abandoned vehicle being parked or otherwise left on private property, the person owning or controlling the property may contact a city law enforcement officer who may, without regard for the provisions of subsection (D) of this section, immediately proceed to have the vehicle removed to a garage or nearest place of safety. All other provisions of subsections (A) through (L) of this section shall be complied with.
(G) Charges Not Otherwise Provided For: Every towing firm, employee or agent in the process of towing, removing, or impounding a vehicle as directed by a city law enforcement officer, except vehicles found under extraordinary circumstances or suspected stolen, shall upon request of the owner or his authorized agent, release the vehicle at the scene. If the vehicle is attached to the tow truck, or otherwise "in tow", the regular scheduled tow fee may be charged. When the vehicle is not yet "in tow" at the time of request, the release must be made, and no charge may be assessed except a customary and reasonable charge for mileage one way from the towing firm's place of storage to the scene plus the usual fee for the tow truck operator. If the authorized fee is not tendered by the owner or his agent, the towing operator may complete the impoundment, towing or removal as authorized.
(H) Storage Of Vehicle: Whenever a city law enforcement officer removes a vehicle from a highway, street, alley, road, or right of way thereof, or from public or private property, he shall take, or cause to be taken, the vehicle to a garage or other place of safety within the city or such other place as designated by the city council. At the time of removal, the city law enforcement officer or employee shall record the mileage of the vehicle.
(I) Request By Possessory Lien Holder; Notice Of Sale To Satisfy Lien:
1. After acquiring possession of a vehicle in any manner authorized by the provisions of subsections (A) through (L) of this section, the possessory lien holder shall make a request to the Idaho transportation department for the names and addresses of all persons having an interest in the vehicle as appears in the Idaho transportation department's records. The possessory lien holder shall, upon receipt of this information, notify all legal or registered owners in accordance with subsection (E) of this section, unless otherwise already complied with. Whenever a vehicle has been removed under the provisions of this section and the possessory lien holder has sent the notice as provided, the possessory lien holder shall have a lien dependent upon possession for his compensation for towage and caring for and keeping safe the vehicle for a period not exceeding sixty (60) days. If the vehicle is not recovered by the owner within that period or the owner is unknown, the keeper of the garage may satisfy his lien in the manner prescribed by Idaho statutes. The lien shall not be assigned.
2. No lien shall attach to any personal property in or on the vehicle. Personal property in or on the vehicle shall be given to the registered owner or owner's authorized agent upon demand. The lien holder shall not be responsible for property after any vehicle has been disposed of pursuant to this section.
(J) Sale Of Unclaimed Vehicles: The sale of unclaimed vehicles shall be executed according to and in compliance with the provisions of the Idaho Code sections 49-1801 through 49-1818, which provide for the sale of abandoned vehicles and such sales shall be coordinated with the Idaho department of transportation.
(K) Claiming Of Abandoned Vehicles:
1. The owner of an abandoned vehicle may take possession of the abandoned vehicle at any time prior to sale by proving ownership and paying costs relative to towing and storing the vehicle, costs of advertising and any fines incurred under subsection (A) of this section, if any, except as otherwise provided in subsection (E)5 of this section.
2. A lien holder of an abandoned vehicle may take possession of the abandoned vehicle at the sale by proving the presence of the lien and by paying the costs relative to towing and storing the vehicle and costs of advertising. The lien holder may also take possession of the abandoned vehicle by purchasing the vehicle at the sale. Nothing in this section shall be construed to abate any cause of action that a lien holder has against the owner of an abandoned vehicle.
(L) Removal Without Payment Provided:
1. Unauthorized removal of an abandoned vehicle from the custody of the city, the city police department, or from the custody of any person holding the abandoned vehicle for the city or city police department without payment in full of all charges and costs that have been incurred under the provisions of this section shall be a misdemeanor and the abandoned vehicle may be recovered and disposed of by the city or city police department.
2. The maximum punishment for violation of subsection (L)1 of this section shall be a fine of not more than three hundred dollars ($300.00) or imprisonment not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 808, 4-14-2005)
SUBCHAPTER D. TRESPASS AND MALICIOUS MISCHIEF
(Rep. by Ord. 881, 9-23-2010)