HomeMy WebLinkAbout1 of 1981 - Amending Article 20, relating to impounding of vehicles by amending Section 284 and adding new Secti i /r
SALT LAKE CITY ORDINANCE
No. 1 of 1981
(Impounding of vehicles)
AN ORDINANCE AMENDING ARTICLE 20 OF THE TRAFFIC CODE OF SALT
LAKE CITY, RELATING TO IMPOUNDING OF VEHICLES BY AMENDING SECTION
284 AND ADDING NEW SECTIONS 285 THROUGH 289.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 284 of Article 20 of the Traffic
Code of the Revised Ordinances of Salt Lake City, Utah, 1965, is
hereby amended to read as follows:
Sec. 284. Towing and impounding vehicles.
(1) Nuisances. Vehicles which meet the following criteria
are hereby declared to be nuisances:
(a) Any unattended vehicle stopped, standing or parked
in a violation of any of the provisions of this code or of
the laws of the State of Utah;
(b) A vehicle found upon the streets or alleys of this
city with faulty or defective equipment;
(c) Any vehicle left unattended upon any bridge,
viaduct or at any location where such vehicle constitutes an
obstruction to traffic;
(d) Any vehicle upon a street 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;
(e) Any vehicle left unattended upon a street or alley
and parked in such a manner as to constitute a hazard or
obstruction to the normal movement of traffic;
(f) Vehicles using streets for storage. A vehicle
parked upon a public street for more than 72 hours without
being moved during that period of time.
(g) Any vehicle, the driver of which has been taken
into custody by the police department, under such
circumstances as would leave such vehicle unattended in a
street, alley or restricted parking area;
(h) Any vehicle found being driven on the streets of
Salt Lake City which does not have, in good working
condition, all safety items required by State law.
(i) Any vehicle found parked in such a manner as to
constitute a fire hazard or an obstruction to fire fighting
apparatus, including marked hydrants.
(j) Any vehicle illegally parked or abandoned on
public property in places other than streets or alleys. For
the purpose of this section, a vehicle shall be considered
abandoned if it is left for a period exceeding 72 hours
without permission of the public agency upon whose property
the vehicle is parked.
(2) Nuisance abatement. Any vehicle declared to be a
nuisance by the provisions of this ordinance may be summarily
abated by removing any such vehicle by or under the directions of
or at the request of a police officer or other officer charged
with enforcing the parking laws of Salt Lake City to a place of
storage within the City by means of towing or otherwise.
(3) Remedy of impoundment not exclusive. The impounding of
a vehicle shall not prevent or preclude the institution and the
prosecution of criminal proceedings in the circuit courts or
elsewhere against the owner or operator of such impounded
vehicle.
SECTION 2. That Article 20 of the Traffic Code of the
Revised Ordinances of Salt Lake City, Utah, 1965, is hereby
amended by adding new sections 285 through 289 to read as
follows:
Sec. 285. Towing and impounding vehicles with outstanding
parking tickets.
(1) Traffic citations grounds for impoundment. Any vehicle
which has more than 5 outstanding parking or equipment violation
tickets on it shall be subject to immediate towing or impoundment
by means of an immobilizing device, when found parked in
-2-
violation of any law of the State of Utah or of any ordinance of
Salt Lake City Corporation.
(2) Impoundment for delay of obtaining vehicle
immobilization release. If the vehicle has been immobilized for
a period of 24 hours, without arrangements being made for its
release, it shall be immediately impounded and towed and removed
to a place of storage within the city by means of towing or
otherwise.
Sec. 286. Notice of impoundment of vehicles removed to
place of storage; sale for costs.
(1) Preliminary notice of impoundment. As soon as is
reasonable under the circumstances, a written notice that the
said vehicle has been impounded shall be sent by registered mail
to the owner of record and any recorded lien holder of said
vehicle, as shown by the records of the motor vehicle division of
the Utah State Tax Commission at the last known address as shown
on said department's records. If the registration on said
vehicle is from another State, a notice shall be sent 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 or such
other'department charged with enforcing the parking laws of Salt
Lake City and that the vehicle will be sold at public auction as
provided by the ordinances of Salt Lake City, if the vehicle is
not claimed by the owner, his/her legal representative, or the
lien holder of record prior to said auction. This provision
shall not apply to vehicles immobilized under Section 285 until
such time as said vehicle is removed to a place of storage.
(2) Notice of impending vehicle sale; manner of sale. If
at the expiration of 15 days after mailing the registered notice
provided for in Subsection 286(1) hereof, such vehicle is not
redeemed by the owner, his/her legal representative, or
authorized agent, the Chief of Police or his/her agent shall
proceed to sell the same at public auction providing that notice
of the auction is published not less than seven (7) days prior to
-3-
said auction in a newspaper distributed in Salt Lake County.
Said notice shall state (a) the time and place of such auction,
(b) describe the vehicle to be sold with reasonable certainty,
(c) the name (if any) shown as owner on the records of the
vehicle division of the State Tax Commission. If the name of the
owner be unknown, said fact shall be stated. In addition, a copy
of this notice, as published, shall be delivered to the owner of
the place of storage. The Chief of Police or his/her authorized
agent may accept or reject all bids for such vehicle, but upon
acceptance, the vehicle must be sold to the highest bidder.
(3) Disposition of sale proceeds. The money received from
the sale of any such vehicle 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, and the
balance, if any, shall then be paid into the city treasury of
Salt Lake City to be used as hereinafter provided. At any time
within one year from, and after such sale, the former owner of
the vehicle sold or recorded lien holder, upon application to the
Mayor of Salt Lake City and upon presentation of satisfactory
proof that he was the owner or lien holder of record of the
vehicle sold, shall be paid the proceeds of such sale less the
necessary expenses incurred as identified above. The check shall
be made payable jointly to the owner and any recorded lien
holder.
(4) Records of impoundment. The police department or the
department charged with enforcement of parking laws shall keep a
record for three years from date of sale of all vehicles
impounded by manufacturer's name or make, body type,
identification number and license number. It shall also keep
records of the names and addresses of all persons claiming the
same, together with such other descriptive matter as may identify
such vehicles, the nature and circumstances of the impounding
thereof, the violation for which such vehicles were impounded,
the date of such impounding, and the name and address of any
person to whom any such vehicle was released.
-4-
Sec. 287. Release of impounded vehicles. Before the owner
or his/her agent or the lien holder of record shall be permitted
to remove a vehicle which has been impounded, he/she shall:
(1) Furnish satisfactory evidence to the police department
or department charged with enforcement of the parking laws of
his/her identity and his/her ownership or interest in said
vehicle;
(2) (a) Request and obtain from the police department or
department charged with enforcement of parking laws of Salt
Lake City, a written Order of Release directed to the place
of vehicle storage or to the parking enforcement office, if
the vehicle has been immobilized. Said Order shall
authorize the release of said vehicle to said owner or
his/her agent or to the lien holder of record, upon the
payment to said place of storage the towing, costs of the
immobilizing device, and storage or other costs reasonably
incurred from the date of said impounding or immobilization
to the time of presenting the Order of Release; or
(b) Obtain a release of the vehicle by successfully
petitioning the city to release said vehicle, without
requirement of payment of impound, immobilizing or other
costs and fees. Said petition shall be referred to the
legal department for decision. No such petition shall be
granted unless, in the opinion of the legal department,
there was no probable cause to believe that the vehicle was
parked in violation of the laws of Utah or the ordinances of
Salt Lake City, or was a nuisance, as defined in Section 284
of the Traffic Code of Salt Lake City;
(3) If the vehicle has been impounded pursuant to Section
285, the person seeking release of the vehicle shall furnish
proof that he/she has made satisfactory arrangements to clear any
parking citations with the clerk of the court by either obtaining
a trial date for said outstanding tickets and by posting a bond
to guarantee his appearance, or showing proof that he has paid
said outstanding citation(s); and
-5-
(4) Sign a written receipt of said vehicle and deliver the
same to the place of storage upon receiving said impounded
vehicle.
Sec. 288. Impoundment of improperly registered, defaced
motor numbers and stolen vehicles. The police department or
department charged with enforcement of parking laws of Salt Lake
City shall immediately impound, in a proper place of storage in
Salt Lake City, all vehicles found within said city that are
improperly registered, stolen, or bear defaced motor numbers.
Thereafter, the said department shall, within 96 hours, notify in
writing the Motor Vehicle Division of the Utah State Tax
Commission of such impoundment, the date found, the address where
found, the vehicle make and registration number and the date and
place of storage.
Sec. 289. Impoundment of vehicle declared nuisance by State
law. A vehicle which has been determined to be an abandoned and
an inoperable vehicle, as provided by the provision of Section
41-1-79.5, Utah Code Annotated, 1953, or any successor statute,
is hereby declared to be a nuisance and may be summarily abated
by removing the same under the direction or at the request of a
police officer or other person charged with enforcing the parking
ordinances of Salt Lake City to a scheduled place of disposal
within the city by means of towing or otherwise. Any such
vehicle may be converted into scrap or otherwise disposed of
without complying with the requirements of Section 286.
SECTION 3. This ordinance shall take effect thirty (30)
days after its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 13th day of January, 1981
1;/-2:44-6(..14fiCcat,.2_,.9.
CHAIRMAN
ATTEST:
7/4-C6 VC
CITY RECORDER,
-6-
Transmitted to Mayor on January 13, 1981
Mayor's Action:
AYOR
ATTEST:
CITY RECORAE 7
(SEAL)
//
BILL NO. 1 of 1981
Published January 20, 1981
-7-
Aorn id/
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
SALT LAKE CITY ORDINANCE Shana D. Conaty
No.lief 1Mb
AN ORDINANCE ENDING 20 OF THE
TRAFFIC CODE OF ALT LAKE/.CITY, RELATING TO
IMPOUNDING OF VE ICLES BY AMENDING SECTION 004
AND ADDING NEW SEEo T IONS 2a5 THROUGH 289. Being first duly sworn,deposes and says that he is legal
SECTION i.d
T by
SecCttion 2294 of il Of 20 f the"Traific advertising clerk of the DESERET NEWS, a daily
Code of the Revised Ordinances f of
Lake City,Utah,r1945,
is hereby amended to read as ollowe:. (except Sunday) newspaper printed in the English
Sec.284,Towing and ImpOUnd ng,Vehlelea,
(II.Nuisances.Vehicles svh1c11 Meet M°follow'^°criteria language with general circulation in Utah, and
I a hereby declA W to be ieancas ii•
(a/Anv tteb ehl I standing or
perked Ina I I rf-d y f 'aloha f the published in Salt Lake City, Salt Lake County, in the
ode or of lh 1 SUj,Ine Siet o�
Ib1,,e vehicle, de lien ruts a aueve f State of Utah.
this(ClAny fait yf defective Vf lint: y
' viaduct dr atvan t Ietionna4i su0M1 Blticle lxold9 l
e+es at det v kpet°o ttrattic)scree'so disabled CO to That the legal notice of which a copy is attached hereto
pconstitute an obstruction to Traffic and the person or
ersons in charge of the vehlcalIe a by reason of phys-
icalnhale(incnpadfeled fo-adch.an enfant as to be Pub notice of Ordinance #1 of 1981
unable le Any
vleh for Its cost or removal;
alley and p narked IIe left n such a manner as to constituten a Street or
hazard of obstruction to ttm normal movement of trot
tic:
(fl Vehicles using streets for storage.A vehicle
Parked npT'ie public treet•focPeriod than 722hours
without Shy vehicle,
,thhhpep driver f hichmh'as been
token foess 1.ptlsc °rhiucircumsaic e would ee such department,
unat-
tended Anv street,
yiclel found being ndrivenrkongthe°streets
of condition,all safety Itemsrouenuired by Statenot have,In La working
III Anv vehicle fount parked In such a Wanner as
to nstitute a fire hazard or an obstruction to tire
• fighting apperat ,including marked hydrants.
bile'property In placces°ot�thee°street 4 or ll ys.
For the purpose of this section,a vehicle shall be con-
idered abandoned if it left for a period exceeding 72
h a ours without permission f the public agency pen was published in said newspaper on Jan, 20, 1981
whose property the vehicle[sparked.
(2I Nuisance abatement,Arty vehicle declared to be
nuisance Sc the provisions f this orinance may be summed-
nuisance
abated by t the rep env such vehicle yi or undert M°o five
ch charged of wI our the tamest cee poi to slof Sr f keC IV toa
of with ge(wclnn the Cite by lees of of Salt Lake o City f0 I
place of storage within the City by means of towing or other- r�\ 1� ;...
•Ir so(8)Remedy of Impoundment not exclusive.The Ion nd _- -�\\C\.,V•. "C\- _ .C= -'•\.
l
an of vehicle snail f criminal
prevent or preclude thIn
circuit Legal Advertisinlg Clerk
and the prosecution of rimdel owner or
in the circuit
tarts elsewhere against the hero operator Of such \ jl
Impounded vehicle.
SECTION 2.Thar Salt
ti ns CIt V,rug 209 Is eadd as
.ended by otldli%1 new sections 295 through 299 to reed as
amended
re me this 28th dayof
d Sec.2e5 Towing and Imrounding vehicles with outstand-
ng parking tickets.
(1)Traffic citations grounds for Impoundment.Any sight.
"'cis which has Moro than 5 outstanding perking Or stowing or A D 19 81
violations tickets on It shall ben inn t to Immediate lowing or
;`:found impoundment
In violation off any law of the State of Utah when Pk any ordinance of Salt Lake City Corroretlon,
�y,zaIto(2)Impoundment for delay of obtatning vehicle Immebill.
i release.If the vehicle has been Imrzobillzed for a pert
Ll od of 24 hours,without arrangemets being made or Its re- /
-lees°, It hall he Immediately impounded and towed and //
removed to place of storage within the ciy by means of J / t- - / -i,_i,_, ,t,-N;.:
ing o otherwise — ✓' �"C'�
Sec.Zee Notice of Impoundment at vehicles removed e NotaryPublic
3 place of storage;sale for costo
reasonableounder the circumstaes,Impoundment.tn policthat sthe
sa vhicle has been Impounded shall be sent by registered
is mall
nehl vehicle,as shown owner
by lithe'any
recordedt motor vehicle
°y said
of the Utah State Tex Canmisslon at the last known
ti address onsss do shown b on said
trees department's
tmentr Staleo adnoticehe rep'-
senttinelie h deportme tf oonofify the registered owner rof
such vehicle that the some has been Impounded by the eoioe
lku parking laws of Salt Clly end than M vMlcks willlbbee
Lake d City,bItothe vehicles Is not Iccie claimed by ordinances
his,/ISalt
legal representative, fie lien holder of record prior to Said
unlion This eroviionshall nal apply to vehicles Immobilized
der Section 285 until such fine as said vehicle Is removed to
a place(2)Notice ofimpending vehicle sale;mannerof sale.If at
the expiration of 15 days alter malting t egstered Police
provided for in Subsection 286(1 nn f,such vehicle is not
thorized by
thehthe Chief of Police r eo a his/hfersagent shellr au-
pro-
ceed to sell the same at public auction provided that notice Of
the auction is published not lets than seven(7)days prior to
said auction in a newspaper distributed In Self Lake County.
,• said notice shall state(a)the time and place ofsuch auction,
(b)describe the vehicle to be sold with reasonable certainty,
vehicle name iions of Me StinenTeo Commissions,II records of
the of this a said puublishetl stated.In to the
owner of the notice,lace of°storage.The shallhlet of Pollce or his/her
huthorieed agent may accept or relect all bids for such vehl-
cle,but upon actenrance,the vehicle must be sold to the high-
est bidder.
al Disposition
�sale proceeds.
he money
se ofanys ehilabe applied first to o actual
pay
f towing all store.of such Impounded vehicle,then to I
bat nce,if any,shelof
thadvertising
be palld into the Cliov me°luu of Salt ;
Lake City to be used hereinafter provided.At any time
',th(thin one year from,and after such sale,the former owner of 1
e vehicle sold or recorded Iles holder,upon application to
the Mayor of Salt Lk ity and upon presentation of sallsfac-
5 tory proof that he was the owner or den holder of record of the
vehicle sold,shall be paid the proceeds of such sale less the i
necessary expenses Incurred as identified above.The check
.shell be made payable l0inlly to the owner and any recorded