CHAPTER 8
VEHICLE IMPOUNDMENT

SECTION:

10-8-1: Authorized When

10-8-2: Vehicle Reclamation; Requirements

10-8-3: Notification

10-8-4: Unclaimed Vehicles; Sale

10-8-5: Fees Constitute Lien

10-8-6: Record Keeping Requirements

10-8-7: Vehicle Pound; Designation

10-8-8: Administrative Hearings

10-8-9: Remedy Not Exclusive

10-8-10: State Impounds

10-8-1: AUTHORIZED WHEN:

   A.   Nuisance Vehicle Criteria: The vehicles described below are hereby determined to be public nuisances which may be summarily abated by a police officer of the City by removing or causing such vehicle to be removed and impounded in any authorized vehicle pound:

      1.   Any unattended vehicle stopped, standing or parked in violation of any of the provisions of this Title, or of the laws of the State;

      2.   Any vehicle found upon the streets or alleys of the City with faulty or defective equipment;

      3.   Any vehicle left unattended upon any bridge, viaduct or at any location where such vehicle constitutes an obstruction or hazard to the safe movement of traffic;

      4.   Any vehicle upon a street or other publicly-owned property, so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal;

      5.   Any vehicle, the driver of which has been taken into custody by the Police Department, under such circumstances as would leave such vehicle unattended on a street, alley, restricted parking areas or other publicly owned property;

      6.   Any vehicle found parked in such a manner to constitute a fire hazard or an obstruction to firefighting apparatus, including marked hydrants;

      7.   Any vehicle parked upon a public street in violation of Section 10-5-21 of this Title;

      8.   Any vehicle, under Utah Code Annotated section 41-6-116.10, or Section 10-5-20 of this Title, which a police officer has reasonable grounds to believe that the vehicle has been abandoned or which is presumed to be abandoned because it has been left unattended on any public street for a period in excess of twenty four (24) consecutive hours or on other public or private property for a period in excess of seven (7) consecutive days without the express or implied consent of the owner or person in lawful possession or control of the property;

      9.   Any "abandoned junk vehicle", as defined in Section 10-2-1 of this Title, or "automobile hulk", as defined in Section 10-2-1 of this Title, parked in the same place on any street or alley continuously for twenty four (24) hours;

      10.   Any vehicle parked on a closed or restricted use street in violation of Section 10-3-6 of this Title.

   B.   Improperly Registered, Stolen Or Other Vehicles: Every police officer of the City is authorized to seize and take possession of any vehicle which is being operated upon the public streets of the City with improper registration, or which the officer has good reason to believe has been stolen, or on which any motor number, manufacturer's number or identification mark has been defaced, altered or obliterated, and to remove or cause such vehicle to be removed and impounded in any authorized vehicle pound.

   C.   Written Report: Every police officer impounding a vehicle under the provisions of this Chapter shall, within twenty four (24) hours, make written report thereof to the Chief of Police, specifying the manufacturer's trade name and model of the impounded vehicle, its license and motor number, the time and place where the vehicle was taken and impounded and the cause of impounding.

(1979 Code § 10.76.010; amd. Ord. 94-60, 11-15-1994)

10-8-2: VEHICLE RECLAMATION; REQUIREMENTS:

Before the owner, or the owner's agent or the lienholder of record of an impounded vehicle shall be permitted to reclaim and obtain the release thereof, the owner shall:

   A.   Evidence Of Ownership Or Interest: Furnish to the Chief of Police or the Chief's authorized representative satisfactory evidence of his/her identity and his/her ownership or interest in said vehicle;

   B.   Payment Of Fee Levied: Pay to the City a fee of twenty dollars ($20.00), which fee is hereby levied upon the impounding of every such vehicle. Said sum is hereby determined to be the reasonable cost of impounding a vehicle;

   C.   Payment Of Costs And Expenses: 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 as provided in this Chapter. 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, he/she shall pay to the City storage charges at the rate of two dollars ($2.00) per day or fraction thereof, which charges are determined to be the reasonable cost of storing an impounded vehicle by the City.

   D.   Obtain Written Order For Release: Obtain from the Police Department a written order directed to the place of storage in which said vehicle is impounded, authorizing the release of said vehicle to said owner or his/her agent upon the payment to said place of storage of towing and storage charges reasonably incurred in impounding to the time of presenting the order of release from the Police Department thereof.

   E.   Sign Receipt: Sign a written receipt of said vehicle and deliver the same to the place of storage upon receiving said impounded vehicle.

   F.   Improperly Registered Or Stolen: In cases where a vehicle has been impounded, as provided in this Chapter, by reason of the vehicle having been improperly registered or stolen, or by reason of the obliteration of motor or manufacturer's numbers or identification marks, such vehicle shall not be released, in any event, until the requirements of Utah Code Annotated sections 41-1a-1101 and 41-1a-1102, have been satisfied, or until such release has been specifically authorized by the Motor Vehicle Division of the State Tax Commission.

   G.   Specific Violations: Seizures and impoundments of vehicles for violations of Utah Code Annotated sections 41-6-44 or 41-6-44.10 shall comply with the requirements of Utah Code Annotated section 41-6-44.30.

(1979 Code § 10.76.020; amd. Ord. 94-60, 11-15-1994; 1999 Code)

   H.   Fee Waiver: If, upon the reclaiming of an impounded vehicle by the owner thereof, it shall be made to appear to the Chief of Police, or the Chief's designee, by evidence satisfactory to him/her that the vehicle was stolen from the owner thereof and that the owner is not responsible for the cause for which the vehicle was impounded, the Chief of Police, or the Chief's designee, may waive the impounding fee and, if the vehicle has been kept and stored in a pound maintained by the City itself, the storage charges assessed against the vehicle.

(1979 Code § 10.76.030; amd. Ord. 94-60, 11-15-1994)

10-8-3: NOTIFICATION:

   A.   Contents; Information: The notice required by subsection B of this Section shall describe the vehicle and shall inform the owner of the vehicle:

      1.   That the vehicle has been impounded, the location of the vehicle, that impound and storage fees have been assessed and are accruing on a daily basis, and how the vehicle may be claimed;

      2.   Of the owner's right to an administrative hearing to determine whether there was probable cause to impound the vehicle upon filing a written request with the City for such a hearing within ten (10) days after the owner has learned of the impound of such vehicle, or within ten (10) days after mailing of the date set in the notice, whichever occurs first; and

      3.   That the vehicle shall be sold at public auction, as provided by the ordinances of the City, if the vehicle is not claimed by the owner or the lienholder of record prior to such auction.

(1979 Code § 10.76.060; amd. Ord. 94-60, 11-15-1994)

   B.   Mail To Owner: As soon as is reasonable under the circumstances, a written notice that the said vehicle has been impounded shall be mailed to the owner and recorded lienholder thereon, if there be one, of the said vehicle at their last known address as disclosed by the records of the Motor Vehicle Division of the State Tax Commission. The notice shall be sent by United States certified mail, directed to the persons to be notified at their last known addresses as disclosed by the records of the State Tax Commission as stated in this Section.

   C.   Publication: If the Chief of Police, or the Chief's designee, 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 certified mail as stated in this Section, 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, or the Chief's designee, 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, or the Chief's designee, from sources other than the records of the State Tax Commission.

   D.   Licensed In Other State: If the license plates on said vehicle are from another state, written notice shall be mailed to the department of motor vehicles in such state, requesting such department to notify the registered owner of such vehicle that the same has been impounded by the Police Department of the City and that the same will be sold at public auction if not claimed by the owner or his/her proper representative, as provided by City ordinances.

(1979 Code § 10.76.050; amd. Ord. 94-60, 11-15-1994)

   E.   Proof Of Notification: Proof by affidavit of the giving of notice of impounding as provided in this Chapter shall be made in duplicate and preserved with the record of impounding provided for in this Chapter.

(1979 Code § 10.76.070; amd. Ord. 94-60, 11-15-1994)