67 of 1976 - Amending section 284(9), article 20 and adding subsection 284(11) providing additional conditions fo flULL jp,tu,
/ VOTING Aye Nay Salt Lake City,Utah, April 22 ,19 6
Mr.Chairman
I ✓' I move that the Ordinan ' be pas d.
Agraz . .
Green
Hogensen
Phillips , F
AN ORD ANCE w
Result rr ;et"'
AN ORDINANCE AMENDING Section 284 of Article 20, of the Traffic
Code of Salt Lake City, Utah., relating to towing and impounding
vehicles parked in violation of law, by amending subsection 284(9)
and by adding a new subsection 284(11) .
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Section 284 of Article 20 of the Traffic Code
of Salt Lake City, Utah, relating to towing and impounding vehicles
in violation of law, be, and the same hereby is, amended by amending
subsection (9) thereof, and adding thereto a new subsection (11) ,
to read as follows:
"Sec. 284. Towing and impounding vehicles parked in
violation of law. * * *
"o* * *
(9) Any vehicle found parked in such a manner as to
constitute a fire hazard or an obstruction of fire fighting
apparatus;
(10) * * *
(11) Any vehicle declared to be a nuisance by the pro-
visions of this ordinance may be summarily abated by removing
any such vehicle by or under the directions of or at the
request of Salt Lake City to a place of storage within the
City by means of towing or otherwise.
(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, 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 Salt Lake City and
that the same will be sold at public auction as is provided
by the ordinances of Salt Lake City if not claimed by the
owner or his proper representative, as provided by said
city ordinances.
(b) The impounding of a vehicle shall not prevent or
preclude the institution and prosecution of criminal pro-
ceedings in the city court or elsewhere against the owner
or operator of such impounded vehicle.
6
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(c) 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 depart-
ment of his identity and his ownership of said
vehicle.
2. Request and 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 agent
upon the payment to said place of storage of towing
and storage charges reasonably incurred in the
towing and storage of said vehicle from the date of
said impounding to the time of presenting the order
of release from the police department therefor.
3. Sign a written receipt of said vehicle and deliver
the same to the place of storage upon receiving
said impounded vehicle.
(d) If, at the expiration of fifteen days after mailing
the notice provided for in paragraph (a) hereof, such vehicle
is not redeemed by the owner or his proper representative,
the chief of police or his authorized agent shall proceed to
sell the same at public auction after first giving at least
ten 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 depart-
ment shall send such owner 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 immediately, after
publication, 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 by the chief of police, or his authorized agent,
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 for each vehicle so
impounded and the balance, if any, shall then be ccsrex} (,pip
into the city treasury of Salt Lake City to be used as here-
inafter provided.
(e) At any time within one year from and after such sale,
the former owner of the vehicle sold, upon application to
the Board of Commissioners of Salt Lake City and upon pre-
sentation of satisfactory proof that he was the owner 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.
(f) The police department shall keep a record of all
vehicles impounded by manufacturer's name or make, body
type, motor and license number, and names and address of
all persons claiming the same, and such other descriptive
matter as may identify such vehicles, the nature and cir-
cumstances of the impounding thereof, and the violation
on account of which such vehicles were impounded, the date
67
_3_
of such impounding, and the name and address of any person
to whom any such vehicle is released.
(g) The police department 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 ninety-six 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.
(h) A vehicle which ha's 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 directions or at the request of
a police officer of Salt Lake City to a scheduled place
of disposal within the city by means of towing or other-
wise. Any such vehicle may be converted into scrap or
otherwise disposed of without complying with the require-
ments of subsections (a) and (d) of this section."
SECTION 2. In the opinion of the Board of Commissioners it is
necessary to the peace, health and safety of the inhabitants of Salt
Lake City that this ordinance become effective immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah
this 22nd day of April, 1976.
: I ) -; .- .
//4 /I/
MAYOR
CITY RE ORDER
(SEAL)
BILL NO, 67 of 1976
Published April 28, 1976
6 6
ADM•ypA
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake _
AN ORDINANCE
AN ORDINANCE AMENDING Section 284 of Article 00,of
Me Traffic Code of Salt Lake City,Utah,relating to towing and Shana D. Palmer
subunding vehicles parked In violation f law,by ending __._...__..
section 288(4).and by adding a new subsection 184(11).
Be It ordained by the Board of Commissioners of Salt Lake
City,Utah:
SECT ION 1.That Section 284 of Article 20 of the Traffic Code
of Seth Les akenlanonUtah,,relating to towing a and id m°r;eel Being first duly sworn,deposes and says that he is legal adver-
bvamending4045eenan(91thereof.and adding thereuntnanew tiling clerk of the DESERET NEWS, a daily (except Sunday)
subsection(111,to read as follows:
.o Sec- Rae. wing and imecundino vehicles narked In newspaper printed in the English language with general cir•
vidlafon of law. ••
n I91u,eny vehicle
0 found
IeerrkedbIn such
u h ape manner
es to culation in Utah, and published in Salt Lake City, Salt Lake
hting
apparatus:a "° County,in the State of Utah.
i)•••
(I1)Anv vehicle declared to be a nuisance,by the provisions
this ordinance m be summarily abated by removing any
Lahvehlcdebynordandertheretonsoforalme request ofSou font the le••al notice of which a copy is attached hereto
ke CITY to a place of storage within the City by means of towing is
or otherwise.
lal As soon Is reasonable under the clear fames a
written nonce that the sa vicle has been impounded shah be pub notice to amend an ordinance relating to
mailed ie the
hide owner
theirr last known ddrress let Mere
one,
records f the a for vehicle division et Me Utah sate T
a o misslOn. nine tieense laws Anal s Id gehele are fro0l towingimpounding vehicles parked in violation
motor ehic es linger;es state,an torequesting tom partment too -- & P g
meetly the r gistered own r of succhevehiclethat the came nos
been Impounded by the police department of Sall Lake City and
at the same will be sold at public auction as Is provided by the of the law
ordinances of Salt Lake City if not claimed by the owner Or his
Proper fesentative,as provided by said city ordinances.
lslhe n of a vehicle
shall
prevent
preclude
Institution and prosecutionofcrimlnali proceedings in the city
court or elsewhere against the owner or operator of such
m ulld 8hisle.
lc){�5Q¢Ty a the,ow r or his anent shall be permitted to
'a i'ethic which has been Impounded he shall:
reml VFurnish satisfactory evidence to the police department of
his identity
f eque4 hod obtain from thedpollce 2.R a n department a written
order directed to the place of storage In which said vehicle Is
impounded,authdrlzine the release of said vehicle l0 said owner
pis decor linen lee peymenr oaald place pf atprage pf lowing was published in said newspaper onand storage star gc charges amnthe Incurred In the lowing and I' /" p
time got i said vehicle
theom r dole release impounding
the to the
department therefor. order of non
to M3.oace ofrrorn receipt
visor io sanehiceimddeliver the
icle a --
id1 t,ofInc ration of fifteen days after rd limo eon
notice provided for In paragraph(a)hereof,such vehicle Is not
redeemed by the owner er his proper representative,the Chief of
police or his authorized agent shall proceed to sell the same at
Public auction fl t l tena noticef. id
mle h publishing -d notice.at toast once in a newsPaner S ` * \ 11 (`I
p,oblished I It S Lake elating thehose d l 1 such 1
sale.Such notice h also I describe the vehicle to le,.ne with a���'
records of th
e t and
mot state
.hi le division 1 the state the
commission show the same to helong,and it then a of iha. legal Advertising Clerk
owner be unknown said fart shall he staled.If the came.ill the
recorded lien holder,if any,he known,the po
Ilse
ofsuch notice nt hall as published Immed such owner iately afterr thethe publication St-
°same,which notice shall he mailed in their last known address or
theiraddress as shown on the records of the m vehicle
division of the Utah State Tax Commission.A copy of this notice
the o'wnerof theap'la immediately,agar publication,be mailed to me this 5th day of
The chief of police or his authorized agent may accept or
reject all bids for such vehicle,but upon acceptance the vehicle
most be sold to the highest bidder.The money received by the
chief of police,or his authorized agent,from the sale of any such A,D. I9 75 .
vehicle shall be applied first to the actual cosi of towing and
storage of such Impounded vehicle,then to ray the cost lit
advertising the notice of sale In amount of ten dollars 1each
vehicleImpounded am the balance,If an shall11 e
hd t rne ittreasury of Salt Lake City, be used-s
hereinafter ed
(.rAt any time within one year font,anden. n sale,the
farmer owner of the vehicle
- -
soldapplicationnor theBoard of , c � (INN` •
Comm serVO, .l Sail Lake.Cry and as presentation of
he paidthip procf that he such
the owner Of necessary
sole,Shall
be pal,one proceeds of such sale Irss the nd storage ex angers Notary Public
provide and in p the towing,let) thiis sects and stomce charges
provided(t) her In paragraph le)of this section
record
(f)The bolmanufacturer's
ea ot001 department shall keno a ke,. dof all, otor
linens by mane r, nde namesa noe add mode,nods aloe,motor
and license name a ands and address Of all as
mine the same, s, such ure ddud
clroll stance dof ay
the
identify such vehicles,the nature and circumstances h f the
lies we,hereof,and the date of onaccount of which such
name
meles were impounded,00any for date of such such u and the
and address OI any garden to whom any such vehicle is
released.
e1mediately Impou police d i departmenta wiener place Sail storage iake n Sall Lake
ehir'ulen d w th, Id r t r idea e Improperly h
v term,stolen 0 Pear refer o y In are
and soar
registered,
ninety six s thereafter notify C mming the moor___.
imp0 nd:no,sls ttity forth
Utah state Tag C°mmile on not -e
andwh,sarong fthe In ,r n the number
r nd sate,
and pia where round,the make,registration number and date
and place where;cared.
In)p rablevwhich has been de by nee tote an abandoned section
and 701.U.C.A.
C A vehicle,as provided 10 the n n of section Mh,
w-i-J9.found lend,ddopietl li the tt Seel,aveLaws a Utah,
won y cedlc unattended upon andpublic.street,avenue alley,id
hereby declared In pbe ea nuisance.).dire noneoatMsummarily abarequest
eat
Cu ae police
iegfoesa me by or under tottl to a scheduled
edatth erase of
of a police officer city
Salt Lake City01to soreOther lace of
tli vehicle
iwithinm Me r lay converted tr t 01 rowing o Othlse else.Anv
such vehicle may ba red requirements not o f subsections
Lions(ad
f d(del or complylog with the mguiremunrs of subsections(a)
and E T this 2 In h."
SECTION 4.In the opinioneal of and Board of the
Commissioners it
in dry to the his ordinance
hearth become
fief f immediately.
o.
Salt 0 C t City that This
ordinne.0 bernma keleff effect
Its first
SECTION 3.This Ordinp.e:hall take e5lcct upon Its first
publication.
Passed hY the f5mrd Commissloners of Call Lake City,
Utah this]]nod day of Anrll,i9)6.
TE D L.WI
LSON
Mayor
city RecorRED V.Recorder
NIGNAM
ISE k0comer
BILL N)
BILL NO bz of t976
PUbIISM1ed April 18,8,1976 44-091