Subd. 1. Definitions. The terms used in this section have the meanings given them in this subdivision.
A. The term "abandoned vehicle" means:
1. "Abandoned vehicle" means a motor vehicle, as defined in M.S. § 169.011, as amended from time to time, that:
a. Has remained illegally:
(1) For a period of more than 48 hours on any property owned or controlled by a unit of government or more than four hours on that property when it is properly posted; or
(2) On private property for a period of time, as determined under M.S. § 168B.04(2), as amended from time to time, without the consent of the person in control of the property.
b. Lacks vital component parts or is in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building.
2. A classic car or pioneer car, as defined in M.S. § 168.10, as amended from time to time, is not considered an abandoned vehicle.
3. Vehicles on the premises of junk yards and automobile graveyards that are defined, maintained and licensed in accordance with M.S. § 161.242, as amended from time to time, or that are licensed and maintained in accordance with local laws and zoning regulations, are not considered abandoned vehicles.
4. A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ or court order is in effect.
B. The term "city" means the City of Redwood Falls, Minnesota.
C. The term "City Council" means the City Council for the City of Redwood Falls, Minnesota.
D. The term "impound" means to take and hold a vehicle in legal custody.
E. The term "inoperative vehicle" means any motor vehicle which cannot be driven or propelled under its own power in its existing condition or which cannot be driven or propelled under its own power in a safe manner because of its wrecked, junked or partially dismantled condition.
F. The term "junk vehicle" means:
1. Is three years old or older;
2. Is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train or transmission;
3. Is apparently inoperable;
4. Does not have a valid, current registration plate; and
5. Has an approximate fair market value equal only to the approximate value of the scrap in it.
G. The terms "motor vehicle" or "vehicle" has the meaning given motor vehicle in M.S. § 169.011, as amended from time to time.
H. The term "public impound lot" means the facility designated as the public impound lot by the City Council for the city.
I. The term "unauthorized vehicle" means a vehicle that is subject to removal and impoundment pursuant to M.S. §§ 168B.04(2) or 169.041, as amended from time to time, but is not a junk vehicle or an abandoned vehicle.
J. The term "unit of government" includes a state department or agency, a special purpose district and a county, statutory or home rule charter city or town.
K. The term "vital component parts" means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including such things as the motor, drive train and wheels.
Subd. 2. Authority to Impound. The Police Department for the city is hereby authorized take into custody and impound any motor vehicle, with or without citation and without giving prior notice to its owner, when the motor vehicle is subject to towing or impounding pursuant to the ordinances of the city or the laws of the state, as they may be amended from time to time, in the public impound lot, by means of towing or otherwise, and shall be released only as hereinafter provided.
Subd. 3. Department of Police to Be Poundkeeper. The duties of Poundkeeper of vehicles impounded under the provisions of this section shall lie with the Police Department. The public impound lot shall be under the full and complete control, direction and management of the Chief of Police. For purposes of this section, the Police Department will be the Poundkeeper.
Subd. 4. Police to Notify Owner.
A. Within five calendar days after the impounding of the vehicle, pursuant to Subd. 2. above, notice that the vehicle has been impounded shall be given by the Chief of Police to the owner thereof by either mailing to the owner thereof at his or her last known address, as shown by the records of the Commissioner of Public Safety, and to all readily identifiable lienholders of record, a written notice of such impoundment or by publication at least once within five calendar days following the date of the impoundment in a legal newspaper within the city of a notice of the impounding, the license number of the vehicle, the vehicle identification number thereof, and the name and type of automobile. In the event the owner of the impounded vehicle be unknown, notice shall be given by publication. This subdivision shall not apply to any motor vehicle which is towed and impounded by a peace officer following the arrest or taking into custody of a driver for a violation of M.S. § 169A.20, as amended from time to time, an ordinance in conformity with it, or M.S. § 169A.20, as amended from time to time, or is subject to forfeiture under M.S. §§ 609.531 to 609.5318, as amended from time to time, as those provisions may be amended from time to time.
B. If an impounded motor vehicle remains unclaimed after 30 days from the date the notice was sent under Subd. 4.A. above, a second notice shall be sent by certified mail, return receipt requested, to the registered owner, if any, of the impounded vehicle, and to all readily identifiable lienholders of record.
Subd. 5. Right to Reclaim.
A. Unless the motor vehicle is eligible for sale or disposal under Subd. 8.A.1. hereof, the owner or any lienholder of an impounded motor vehicle shall have a right to reclaim the vehicle from the Poundkeeper upon payment of all towing and storage charges resulting from taking the vehicle into custody within 45 days after the date of the notice required by Subd. 4. above.
B. Nothing in this chapter shall be construed to impair any lien of a garagekeeper under the laws of the state or the right of a lienholder to foreclose. For the purposes of this subdivision, "garagekeeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.
Subd. 6. Towing and Storage Charges. The towing and storage charges shall be established by resolutions of the City Council and such charges shall include the cost of towing, any clerical and administrative expenses incurred by the city, and a reasonable daily storage expense. No law enforcement agency, local unit of government or state agency is responsible or financially liable for any storage fees incurred due to an impoundment under this section.
Subd. 7. Release of Vehicles.
A. Before the owner or his or her agent shall be permitted to remove the vehicle impounded pursuant to Subd. 2. above, he or she shall furnish satisfactory evidence of his or her identity and ownership of the vehicle, he or she shall pay such fees for the towing and storage of the vehicle as set out in this section, and he or she shall sign a written receipt for the vehicle. It shall be unlawful for any person to reclaim the vehicle so impounded without first paying all of the towing and storage fees provided herein.
B. The Poundkeeper shall not release vehicles designated as a police "hold" without a written release thereof from the Chief of Police or his or her authorized representative.
C. When a motor vehicle is towed and impounded by a peace officer following the arrest or taking into custody of a driver for a violation of M.S. § 169A.20, as amended from time to time, an ordinance in conformity with it, or M.S. § 169A.20, as amended from time to time, as those sections may be amended from time to time, the vehicle shall be released to its registered owner, a person authorized by the registered owner, a lienholder of record or a person who has purchased the vehicle from the registered owner, only after:
1. Satisfactory evidence of his or her identity, proof of valid insurance for the vehicle, proper registration and ownership of the vehicle is furnished;
2. The associated fees for towing and storage are paid; and
3. All citations which have gone into warrant or are over 60 days old, which list to the motor vehicle or its owner, are either paid, bail or bond is posted or are dismissed by a court of competent jurisdiction.
Subd. 8. Sale or Disposal of Vehicle and Contents.
A. Sale.
1. Sale after 15 Days. An impounded motor vehicle and its contents may be disposed of or sold at auction or sale 15 days after notice to the owner if the vehicle is determined to be:
a. A junk vehicle, except that it may have a valid, current registration plate and still be eligible for disposal or sale under this subdivision; or
b. An abandoned vehicle.
2. Sale after 45 Days. If an impounded motor vehicle and its contents are not reclaimed under Subd. 5, it may be disposed of or sold at auction or sale 45 days after notice to the owner.
3. Receipt. A purchaser under Subd. 8.A.1. and 2. above shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title it must receive a motor vehicle safety check.
B. Unsold Vehicle. Impounded vehicles not sold at auction pursuant to Subd. 8.A. shall be disposed through negotiated sale.
C. Sale Proceeds: Public Entities. From the proceeds of a sale under this subdivision of an impounded motor vehicle, the city shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred in handling the vehicle pursuant to this section. Any remainder from the proceeds of a sale shall be held for the owner of the impounded vehicle or entitled lienholder for 90 days and then shall be deposited in the Treasury of the city.
Subd. 9. Implied Consent to Sale. A registered owner who fails to claim the impounded vehicle within the applicable time period allowed under subdivision is deemed to waive any right to reclaim the vehicle and consents to the disposal or sale of the vehicle and its contents and transfer of title.
Subd. 10. Cost Reimbursement. Any of the costs incurred pursuant to the enforcement of this section not recovered and reimbursed to the city from the sale of an unauthorized motor vehicle under Subd. 8. above may be charged against the property where the unauthorized motor vehicle was removed from with the Clerk certifying the amount of the costs to the County Auditor for entry on the tax lists of the county as a special assessment to be collected in the manner as other taxes and the amount so collected shall be paid into the City Treasury.
(Ord. 47, Third Series, passed 4-4-2000)