52 of 1977 - Amending section 284 article 20 providing for requirements for impounding vehicles. CI
/NOTING Aye Nay Salt Lake City,Utah, April 5 ,19 77
Mr.Chairman
Agraz / I move that the Ordinance be passed.
Greener / i /
Hogensen
Phillips •
Result AN NANCE
/ /,
AN ORDINANCE AMENDING Section 284 of Article 20 Title 46 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to impounding of vehi-
cles.
Be it ordained by the Board of Commissioners of Salt Lake City, Utah:
SECTION 1. That Section 284 of Article 20 Title 46 of the Revised
Ordinances, be, and the same hereby is amended as follows:
Sec. 284. Towing and impounding vehicles. Vehicles which meet
the following are hereby declared to be nuisances:
(1) Any unattended vehicle stopped, standing or parked in
violation of any of the provisions of this code or of the laws
of the State of Utah;
(2) A vehicle found upon the streets or alleys of this
city with faulty or defective equipment;
(3) Any vehicle left unattended upon any bridge, viaduct
or at any subway where such vehicle constitutes an obstruction
to traffic;
(4) 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;
(5) Any vehicle left unattended upon a street or alley and
parked in such a manner as to constitute a hazard or obstruc-
tion to the normal movement of traffic;
(6) Any abandoned vehicle. An abandoned vne.icle shall be
any vehicl parked upon a public street without being moved
for more CEe 8 days. Upon the expiration of the fifth day, if
the vehicle has current plates, a certified letter shall be
sent to the registered owner at the address listed on the
registration giving him 72 hours from date of receipt to remove
the vehicle. If the vehicle is not currently registered, a
notice shall be placed upon the vehicle giving the owner 72
hours to remove the vehicle. At the expiration of 72 hours
after notice, the vehicle shall be deemed to be an abandoned
vehicle.
(7) 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;
(8) 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.
(9) Any vehicle found parked in such a manner as to consti-
tute a fire hazard or an obstruction to fire fighting apparatus
including marked hydrants.
..2_
(10) Any vehicle illegally parked or abandoned on public
property in places other than streets or alleys. For the pur-
pose of this section, a vehicle shall be considered abandoned
if it is left for a period exceeding 8 days without permission
of the public agency upon whose property the vehicle is parked.
Upon the expiration of the fifth day, if the vehicle has
current plates, a registered letter shall be sent to the
registered owner giving him 72 hours from date of receipt to
remove the vehicle. At the expiration of 72 hours after the
notice, the vehicle shall be deemed to be an abandoned vehicle.
(11) Any vehicle declared to be a nuisance by the provi-
sions 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 towingor otherwise. The following procedures
shall then be followe
(a) 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 lien holder, if
there be one, of the said vehicle at their last known address
as shown by the records of the motor vehicle division of the
Utah State Tax Commission. If the license plates on said
vehicle are from another state, a 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 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 or
his legal representative, or the lien holder of record, prior
to said auction.
(b) The impounding of a vehicle shall not prevent or
preclude the institution and the prosecution of criminal
proceedings in the city court or elsewhere against the owner
or operator of such impounded vehicle.
(c) Before the owner or his agent or the lien holder of
record shall be permitted to remove a vehicle which has been
impounded, he shall:
1. Furnish satisfactory evidence to the police depart-
ment or department charged with enforcement of the parking
laws of his identity and his ownership or interest in said
vehicle;
2. Request and obtain from the police department or
department charged with enforcement of parking laws of
Salt Lake City 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 agent or
lien holder of record upon the payment to said place of
storage the towing and storage charges reasonably incurred
from the date of said impounding to the time of presenting
the order of release from the police department or depart-
ment charged with enforcement of parking laws therefor;
3. Sign a written receipt of said vehicle and deliver
the same to the place of storage upon receiving said
impounded vehicle.
Q IP'
-3-
(d) If, at the expiration of 15 days after mailing the
notice provided for in paragraph (a) hereof, such vehicle is
not redeemed by the owner or his proper representative or lien
holder of record, the chief of police or his authorized agent
or the department charged with enforcement of parking laws
shall proceed to sell the same at public auction after first
giving at least 10 days notice of said sale by publishing said
notice at least once in a newspaper published in Salt Lake
City, stating the time and place of such sale. Such notice
shall also describe the vehicle to be sold with reasonable
certainty and shall state to whom, if anyone, the records of
the office of the motor vehicle division of the state tax
commission show the same to belong, and if the name of the owner
be unknown said fact shall be stated. If the name of the owner
or recorded lien holder, if any, be known, the police department
or department charged with enforcement of parking laws shall
send such owner and/or recorded lien holder a copy of such
notice as published immediately after the publication of same,
which notice shall be mailed to their last known address or
their address as shown on the records of the motor vehicle
division of the Utah State Tax Commission. A copy of this
notice as published shall be mailed to the owner of the place
of storage.
The chief of police or his authorized agent may accept or
reject all bids for such vehicle, but upon acceptance the
vehicle must be sold to the highest bidder. 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 cost of advertising the notice of sale in the
amount of ten dollars ($10) for each vehicle so impounded and
the balance, if any, shall then be paid into the city treasury
of Salt Lake City to be used as hereinafter provided.
(e) 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 board of commissioners 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
thereof and less the towing, impounding and storage charges
provided for in paragraph (d) of this section. The check shall
be made payable jointly to the owner and any recorded lien
holder.
(f) The police department or department charged with enforce-
ment of parking laws shall keep a record of all vehicles
impounded by manufacturer's 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, and the
name and address of any person to whom any such vehicle is
released.
(g) The police department or department charged with
enforcement of the 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 and shall,
within 96 hours thereafter, notify in writing the motor vehicle
division of the Utah State Tax Commission of such impounding,
setting forth in such notice the date found, the address where
found, the make, registration number and date and place where
stored.
r )
4�rw
-4-
(h) A vehicle which has been determined to be an abandoned
and inoperable vehicle, as provided by the provision of section
41-1-79.5, U.C.A. 1953, adopted by the 1965 Session Laws of
Utah, when found unattended upon any public street, avenue
or alley, is hereby declared to be a nuisance and may be
summarily abated by removing the same by or under the direc-
tion 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 con-
verted into scrap or otherwise disposed of without complying
with the requirements of subsections (a) and (d) of this
section. hh
SECTION 2. This ordi'dnce shall take effect 30 days after its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
5th day of lity 1977.
MAYOR
-Z3
CITY RECzee-At,—
ER
(SEAL)
BILL NO, 52 of 1977
Published April 12, 1977
not..arm
Affidavit of Publication
STATE OF UTAH,
Jr SS.
County of Salt Lake
AN 01291P0AMC,,'
AN ORDINANCE AMENDING Section W.of Article SO Titl01
46 of the Reviled Ordinances of salt Lake City,Utah,196S, Shana D. Palmer
relohrg re rmpoundhM of vehicles. ------- ------ _
He if ordained by the Board of Cummissloners of Salt Lake
City,Utah:
SECTION I.That Section 281 of Article 20 Title 46 M the
Revised ordinances,he,and the same norebv Is amended as Being first duly sworn,deposes and says that he is legal adver-
ollows.
'tt,following
01l air and impounding vohe nu.Vehicles which
.e muovrmg are hereby aenwrnamba nm.anrn_: using clerk of the DESEREI'NEWS,a daily (except Sunday)
molivan"ofowoftheornnd vhionsoomi'sCodeaodoimolewskof`the nemsat ei in the English
.,tare or undo; 7 1 printed g -h language with general curs
faw(21Aty or a¢elra+iefeu`iomi„"le streets or alleys onhis city with vitiation in Utah, and published in Salt Lake City, Salt Lake
(3)Any vehlceleit a attendef constitutes ridge, ado County, in the State of Utah.
ataany;subway where such
(a)Any vehicle upon a street so disabled as to constitute an
Veni,l`tIon are y traffic ltl"0ermn al inluY persons in
" that the legal notice of which a copy is attached hereto
bye are by f Povide t r Its c Ind to such an
e as to b,,unc-meat,revue ter a custody or removal;
irked Any y'a Ina leg ezle constitute
a e01 ore
arkd Insuc homanner ftot,lc, ,eahaeard or obstruction
end
narked A,immemenrofrmnm; Pub notice to amend an ordinance relatingto the
16)AnY ao'mown
upo vehicle.An et abandoned vaton O shall
any vehicle Parkes daft 0 pubnc svecr without brith 3V,It/or
more than B Days.plate Ina ertifiedon to rise shall
le J V,If t:e
Pas current wnerattneas,assandb:notsnaptosarrtrnthe ice oundin of vehciles
registered hours
ter of me 01 receipt
listed on me,the vehicle.
gNMe
ing
aim I2 hours tromcurt deft of is erect to notices the ve playa.If Me thleCed
e
• v tl cl not ca�0ne v regowner
flours
ar le shalle be vonic o.At
e vehicle iolvon inf ha ,00ry ]t nouns to remove me a shall At
the of a h eher novice,the vO.rcle snail Lw
doe 17)to ye oe late/he diver le. ---- ---'--- -'--
1))Anyby
a p th driver of which has boot taken Into
ust10 by the 00pence vehicle
unattended
under nch cstreet,aces or
null leavesuch vefticle unahonrted in a street alloy or
w s
rt./rioted 011010 Veecirk owe area;
Iw which
does
nnd ave in g drod working
on king onstrdefsM alllt Lake
safety -
City required
does not pave in good Warking contlltipry all salary
i oulred by State law.
items
vi etc le found Parked If,such manner as to -
• stinfuAna fire nmartl orhydrants.Ohsh'Ucllon Ciro lire llglihng ---' ----
a ^cludyno mark0d 00015e
pPlln)u Aiiv venlcle illegally barked or abandoned on public
nPlacesotherthanstreetsoralleys.ForMupurposeof was )ublish.ed in.said newspaper on _April 12, 1977
s• p eciiiind P.x1 leos0arfiave wihlpefrppeenbandonission ed It It the Ise leMr a ft
7 - - "---"
period
n Party mu venlcle is parked.Upon me
agency
l 1,etion of Ito IILM day,if the vehicle pas current plates,0
registered letter span be sent to the registered owner giving him
02 hours from date o receipt to remove o vehicle.Al the --
expiration of 70 hoot:after lire no/Ice on th, e vehicle shall be
deemed o be en abandoned vehicle.
11)Any venlcle rv..laned to boo nuisance by Ifie provisions
f this dl May be summary Y abated by removing env ----- --- ---
In
b thd l e r adlal cre e tdnwn rohaf
means f towing or otherwise.The following tprocedures
s shallob ay
e Men
a)written soon noaiice Mat Me said vehicle has be`e°n invoionarxl T,egal Advertising Clerk
Mon bo mailed to the owner and recorded nan holder,If
More bo of m said V at,heir last knOvm ono,
by theof me motor VaMue
address ofOlno Utah starr records
If Me!Neese
plate,on said venlcle are from another store,a written
notice snail he moiled to the department of motor
s In elf stale,r estingesuch department to van cone Raster.ovine 0.0/V:t/tele that m lime ire me this 18th - - --_-- day
rip"Been impounded by the ponce department or- of
deportment rhargd w g Ise parkin()
to wsaof S Lake City and too,the VetrKle will be sold of
r yy cdun as.orovinaa by the oral.an�s or Salt Lake 77
Crrvoiif evehicieisfro,norWM.by the ownernorPiscopal _ A.D. l9_-
�f iicnflrorn nve,or the lien hoiden of record,prier to said ---
f1 (b)The irnnaunding of a vehicle shall not prevent,preclude
the inns,In h?cityanti Me cour t o prosecution z nowhere agalinst Intel owner or
operator al such Impounded vehicle.
• (<7 smote the rant or Ms emov or 0e Ilea holder of record
Isnail he mnound`ea,he permitted toremove a venlcle vtplCh has IRen _ - Y
1.Furnish SatisfaCioty evidence to the Police denartnent Or t department
lentchtiry charged n1Orceblpntotl epraar ilralaws Notary Public
of Ms
an owners or said
2.I:enucst and obtain from lore police deparoelent o
department chat nd with enlortane,N of parking laws of
Solt Lake City a written order directed 10 me lace Ot
StOrdfle
which cad venlcle is impounded,autherltine
the release of said vehicle to said on 'or Ills 000et Or non
loiter o,record up0rl tor:payment 10 sold PlaCeot storage
the towing and storage charges i easteaory Incurred from,
• Me 0,0 of said Impomellno to tea time of presenting the
order of release train The Police beparlmenr or depart-
' mont charnel 1dtn enforcement of parking laws therefor;
3.Sign a written rlcelm of said vehicle and deliver the same
to the P13Ce of storage upon receiving said Impounded
vehicle.
(d)II,ee the expiration of 15 days after mailing the rwttre--_-
OV ltlid for in par aura,.(al hereof,dolt vehicle Is not
renecinpo by Me owner or.is proper representative or
11(10 lwleer of record,Yrie chief of police Or Ms mother lied
agent L ono a anent C11011L0-1 WWI enforcement of
eking laws snail
p t riw se pomcc
orlon aver first Oivina Or 10051 10(JOYS ii l�et Said
�Y punnshlnu sold notice -t ,east once In a
nut In Salt Lone CIrv,stating Me time
nO place of s on sale.Such notice shall slaboev:robe the
shin le to Ise It m
with rev aill certainty a'xl shall
srale to whom,,If anyone, e records of Ina office of me
chicle division of the state tax commission snow
thei same ro to lciong,Lend ell Low inntedrcII the Heine iermO_
oLfr,wner Or f coreed Shen holders,If any,lIe known,Ito
trohce Ooparmbnt or oepor,rrlent charged wlthem'Mce-
Odr".0l'I lases sna11 s erld sfxn Owner ld/or
funded lien bonder a copy/ifsuch nonce as Wbll3ral
ullcation Of same,which noFiCe
Mati Ie f
I mew WO eeWTIof Mu dMotor vehicle
division al Urup Slag,[ mow-
act iunmh,sgn,A C.,a this
,.ohsned snail ne hailed to the owner of few
e Ir•p
I of e 1-vl -1 n l
•
reer h l 1 n t I i nk in mounded by onutan mbn s omIt n or ma nd
opiaacc aMcght of
t t' t body type aand license mum boo ann name,a d
hear.wer.r _ ed of addresses IMII par claiming the same,and such• win 10, 1 - t tMer descr1coove matter as may identify it vehicles,
• slot
-v of s. J.0 the nature and clrcumatances of the Impounding thereof.
cost 0l a0,11 tow My t vehicle Iol menllged a°o and Me vl9 enlon on axounf a which such vent Were
balance,
,I�oltormlountled,Me tlatn Of such impOUlMing,antl the rtemn
pnlance.It any,sha Ie.ynn rat paid In„e!or1oaIPYd vu�Y anJ atltlress Of env peYSOn to Whom enY ouch V,111c1¢Is
of Suit Saxe City TO.loser (g)rite police department or department charged with
le)At an,time within
111e v'h fIe sea or rotot r'seo ne sale, I enior<ament of the parking lofts of Salt Lake City shah
torm.vr owner
of
iu t ie Imo. of c1%4'nnllasl0ra'.n Of 551I ' mpolotelo Intonvnd In a proper place Of std'age In Salt
1.r 40 CnY aldJ uWln pRsp lisnlVnul°C^_ (1 recer0 ant Lake city all vancles found within said city Mat are
°I Me Imo newrlo registered,stolen bear doomed motor
Iha i c 1 a cn.stl a le?S 1 nurn r and shall w Mln 96 hairs thereafter,notify In
0 dt I 001 d P -11.toter i writing M motor vehicle division of the Utah State Tax
n Commission Of s T Impounding,setting forth In such
ptl The 'y rlewrdemade
Pee
Iw able Ip1m1Y ifuh the section,nor nd an 6M 11<n male,rem date rat tounumber address where piece
Ma
ow make,Ieglsiratlon number and date antl place Where:
7• opr� Ith °red.
(1) he Ilse d¢parim_nt or dmwrhrent recood (h)star.
Inoperable vehicle,
ehclen determined to be enrbando 01
CMorc,mPnf Of Parklmi IaWs.hall ku,g d rECAYtl UI 011 and Inoperable vehicle,19 provided by le 1905 tarn of
coon 41-1-7, U.C.A.found
attenddopt.by upon
1 any
Laws of Utah,when found unattended upon any peblle
street.nuisance Psum is hereby db y redrem vi g t e
avenue
a direction
abated by rogueing Me
W c ender 1r dlr,nhha or at Ind Ympast t
palki officer ordinances r f S,onal?Lake ite tseaschinged the
.vx of dlsOo hi Salt Lake City e o scheduler
Place Ofe.Ally such vehicle
C.by means of towing or
or otherw And such vdM1of may he converted Into.mo
otherwise disposed Io s without 0)et complying oytl MC
tpasnoirce hal(a)and Itlt or MlsaabetI
SECTION 1.Th:s urdinanm shall take aFect A d'aYs after Its
first publlcany
Pass W theCommissioners Board
oCommissionersof Salt Lake City,
Utah,this StII th day of April
TES L.WILSON
Mayor
MIL eel V.NIGMAM
City Recorder
deer
(SEAL)
^I'obl NO.57a 1977
lish.dl y1 i117.1971 (9_73)
•
5c