Any vehicle found parked in violation of this title is hereby declared to be a nuisance, and it may be summarily abated by removing such vehicle by or under the directions or at the request of a police officer of the Town to a place of storage within the Town or the towing company’s facility:
A. Notice: As soon as is reasonable under the circumstances, a written notice that the vehicle has been impounded shall be mailed to the owner and recorded lienholder, if there is one, of the vehicle at their last known address as shown by the records of the Motor Vehicle Division of the Wyoming Department of Revenue. If the license plates on the vehicle are from another state, written notice shall be mailed to the Department of Motor Vehicles in such state, requesting such department to notify that the same had been impounded by the Police Department of the Town of Thayne and that the same will be sold at public auction as is provided by the ordinances of the Town if not claimed by the owner or his proper representatives, as provided by said Town ordinance.
B. Criminal Proceedings: The impounding of a vehicle shall not prevent or preclude the institution and prosecution of criminal proceedings against the owner or operator of such impounded vehicles.
C. Requirements For Removal From Impound: Before the owner or his agent shall be permitted to remove a vehicle which has been impounded he shall:
1. Furnish satisfactory evidence to the Police Department of his identity and his ownership of the vehicle;
2. Request and obtain from the Police Department a written order directed to the place of storage in which the vehicle is impounded, authorizing the release of the vehicle to the owner or his agent upon the payment to the place of storage of towing and storage charges reasonably incurred in the towing and storage of the vehicle from the date of the impounding to the time of presenting the order of release from the Police Department therefor;
3. Sign a written receipt of the vehicle and deliver the same to the place of storage upon receiving the impounded vehicle.
D. Failure To Redeem; Notice; Sale: If at the expiration of thirty (30) days after mailing notice provided for in subsection A of this section, such vehicle is not redeemed by the owner or his proper representative, the Chief of Police or his proper authorized agent shall proceed to sell the same at public auction to the highest bidder after first giving at least ten (10) days’ notice of the sale by publishing the notice at least once in a newspaper published in Lincoln County, Wyoming, stating the time and place of such sale. Such notice shall also describe the vehicle to be sold with reasonable certainty and shall state whom, if anyone, the records of the Office of the Motor Vehicle Division of the Department of Revenue show the same to belong, and, if there is one, the name of the recorded lienholder. A copy of such notice as published shall be mailed immediately after publication, to the owner or lienholder at their last known address or their address shown on the records of the Motor Vehicle Division of the Wyoming Department of Revenue. A copy of this notice as published shall immediately, after publication, be mailed to the owner of the place of storage. The money received by the Chief of Police or his authorized agent, from the sale of any such vehicles shall be applied first to the actual cost of towing and storage of such impounded vehicle, then to pay the actual cost of advertising the notice of sale for each vehicle so impounded and the balance, if any, shall then be paid to the Town Treasury to be used as determined by the Town Council.
E. Application By Owner For Proceeds: At any time within one year from and after such sale, the former owner of the vehicle sold, upon application to the Town Council and upon presentation of satisfactory proof that he was the owner of the vehicle sold, shall be paid the proceeds of such sale less the necessary expense thereof and less the towing, impounding and storage charges and administrative charges provided for in subsection D of this section.
F. Records Maintained: The Police Department shall keep a record of all vehicles impounded by manufacturer’s trade name or make, body type, motor and license number, and names and addresses of all persons claiming the same, and such other descriptive matter as may identify such vehicles, the nature and circumstances of the impounding thereof, and the violation on account of which such vehicles were impounded, the date of such impounding thereof, and the name and address of any person to whom any such vehicle is released.
(1982 Code § 4.01.060)
Statutory reference:
Statute authority, see WS § 31-5-504(a)(ii)(A)