043 of 1998 - Impoundment of Vehicles0 98-1
0 98-19
SALT LAKE CITY ORDINANCE
No. 43 of 1998
(Impoundment of Vehicles)
AN ORDINANCE REPEALING SECTION 12.56.070, SALT LAKE CITY
CODE, AND AMENDING SECTION 12.56.450, RELATING TO TIME -LIMITED
PARKING ON CERTAIN STREETS, SECTION 12.56.550, RELATING TO
UNAUTHORIZED USE OF STREETS, AND CHAPTER 12.96, RELATING TO
IMPOUNDMENT OF VEHICLES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 12.56.070, Salt Lake City Code,
relating to restricted time parking regulations be, and the same
hereby is, repealed.
SECTION 2. That Section 12.56.450, Salt Lake City Code, be,
and the same hereby is, amended to read as follows:
12.56.450. Time limited parking on certain streets.
A. Purpose of Section. The city council finds that
restricted time parking regulations are designed to require
movement of vehicles from designated street parking locations to
enable as many members of the public as possible to have access
to prime street parking locations. Some members of the public
attempt to avoid purposes of restricted time parking by moving
their vehicles only enough to cover any markings placed by
parking enforcement personnel or by moving their vehicles only to
return within a few minutes to the same or approximately the same
parking spot.
It is necessary to provide fair and equal access to limited
public resources and assets such as prime parking locations.
B. When signs or traffic markings are erected or placed by
the direction of the city transportation engineer, no person
shall park a vehicle or permit such vehicle to remain parked for
longer than the time specified, between the hours shown upon any
street, parts of a street, or roadway, except Sundays and
holidays, as enumerated in subsection B of Section 12.56.200, or
its successor.
C. It is unlawful for any person to:
1. Park a vehicle on the same time -restricted parking block
face for longer than the posted time limitation, or having left a
parking spot located on a time -restricted parking face, reenter
the parking anywhere along the same street block face within the
same length of time as the posted time limitation plus thirty
minutes immediately following the vacation of the place of
initial parking; or
2. Remove a temporary mark placed by an enforcement officer
except that which may naturally occur as a result of driving the
vehicle.
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D. Definitions.
1. "Block face" means the side of the street where the
vehicle was parked between two intersecting streets. An alley
shall not be considered a street.
2. "Street" and "alley" have the meanings set forth in
Section 12.04.490 of this code, and Section 12.04.030 of this
code, respectively, or their successor provisions.
E. Civil Penalty -Continuing Violation. Violation of this
section shall constitute a civil violation. It shall be a
separate offense for each violation of the posted time
limitations.
F. Every driver about to enter a parking space being vacated
shall stop his or her vehicle in the actual process of vacating
the parking space, and having so waited shall have prior right to
the parking space over all other drivers.
G. No driver shall stop his or her vehicle ahead of a
parking space being vacated and attempt to interfere with a
driver who has waited properly to the rear of a parking space
being vacated.
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SECTION 3. That Section 12.56.550, Salt Lake City Code,
relating to unauthorized use of streets, be, and the same hereby
is, amended to read as follows:
12.56.550 Unauthorized use of streets, parking lots and other
areas -Penalties.
A. 1. Any person engaging in the unauthorized use of
streets, parking lots or other areas as provided under this
chapter, within the city, shall be liable for a civil penalty.
Any penalty assessed in subsection B of this section may be in
addition to such other penalties as may be provided in this title
of the Salt Lake City Code.
2. "Unauthorized use of streets" means a violation of
any restriction or prohibition contained in this chapter 12.56,
or its successor.
B. Civil penalties shall be imposed as follows:
Section Penalty
12.56.030 $95.00
12.56.040 95.00
12.56.050 92.00
12.56.080 95.00
12.56.100 92.00
12.56.110 92.00
12.56.120 175.00
12.56.130 175.00
12.56.150 85.00
12.56.180 92.00
12.56.190 85.00
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12.56.210 92.00
12.56.235 92.00
12.56.240 95.00
12.56.250 92.00
12.56.290 92.00
12.56.300 92.00
12.56.302 85.00
12.56.303 85.00
12.56.304 85.00
12.56.310 95.00
12.56.330 95.00
12.56.350 92.00
12.56.360 95.00
12.56.380 95.00
12.56.390 92.00
12.56.400 92.00
12.56.410 92.00
12.56.420 95.00
12.56.430 92.00
12.56.440 92.00
(with the exception of 12.56.440A4)
12.56.440A4 100.00
12.56.450 85.00
12.56.460 95.00
12.56.465 130.00
12.56.470 95.00
12.56.480 95.00
12.56.490 95.00
12.56.500 95.00
12.56.510 95.00
12.56.520 92.00
12.56.525 92.00
C.
D.
* * *
* * *
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SECTION 4. That Chapter 12.96, Salt Lake City Code,
relating to impoundment of vehicles be, and the same hereby is,
amended to read as follows:
Chapter 12.96.
IMPOUNDMENT OF VEHICLES Sections:
12.96.010. Nuisance vehicles designated - Abatement.
12.96.020. Vehicles with outstanding parking tickets.
12.96.025. Impound and storage fees.
12.96.030. Impoundment - Information to police department.
12.96.040. Preliminary notice to owner.
12.96.050. Notice to owner - Contents.
12.96.060. Vehicle sold at auction when - Notice of auction.
12.96.070. Disposition of sale proceeds.
12.96.080. Records of impoundment.
12.96.090. Hearings concerning impoundment.
12.96.100. Impoundment - Improperly registered, stolen or other
vehicles.
12.96.110. Impoundment - Abandoned and inoperable vehicles.
12.96.120. Release of impounded vehicles.
12.96.010. Nuisance vehicles designated - Abatement.
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A. Nuisance Vehicle Criteria. Pursuant to Section 10-8-60, Utah
Code Annotated, 1953, or its successor, the city council finds that
the disregard for the authorized use of streets within the city poses
a danger to the safe movement of traffic within the city, and declares
the same to be a nuisance. Vehicles which meet the following criteria
are hereby declared to be nuisances:
1.
2.
3.
4.
5.
6.
* * *
* * *
7. Any vehicle parked upon a public street for more than forty-
eight hours without being moved during that period of time.
B. Unauthorized Use of Streets - Six or More Notices (Parking
Tickets) - Nuisance. Any person receiving six or more notices of
unauthorized use of streets (parking tickets) within the city,
pursuant to Chapter 12.56 of this title, which notices are thirty
days old or older and have not been dismissed pursuant to subsection D
of Section 12.56.570 of this title, or its successor, or dismissed or
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reduced to judgment by a court of competent jurisdiction, shall be
guilty of creating a nuisance.
C.
* *
D. Nuisance Abatement. Any vehicle declared to be a nuisance by
the provisions of this chapter may be summarily abated by removing any
such vehicle by or under the direction of, or at the request of a
police officer or parking enforcement officer to a place of storage
within the city by means of towing or otherwise.
E. 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 district courts or
elsewhere against the owner or operator of such impounded vehicle nor
shall the impoundment and ultimate sale at auction prevent the
collection of outstanding fees, fines, or other penalties due from
parking notices involving such vehicle.
F. "Impoundment" means the immobilization of a vehicle by use of
an immobilization device or the towing of a vehicle to a place of
storage.
12.96.020. Vehicles with outstanding parking tickets.
A. Six or More Notices of Unauthorized Use of Streets (Parking
tickets). Any vehicle which has six or more notices of unauthorized
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use of streets within the city, as defined at section 12.56.550, which
notices are thirty days old or older and have not been dismissed
pursuant to subsection D of Section 12.56.570 of this title, or its
successor, or dismissed or reduced to judgment by a court of competent
jurisdiction, shall be subject to immediate impoundment by towing or
by means of an immobilizing device.
B. * * *
12.96.025. Impound and storage fees.
There are imposed for the towing and impound and storage of
vehicles under this chapter the following fees:
A. Towing: the city's actual costs incurred.
B. Impound processing: seventy-five dollars.
C. Storage per day: ten dollars.
D. Booting fee: forty dollars.
E. On street booting release fee: fifteen dollars.
12.96.030. Impoundment - Information to police department.
Upon calling for the impoundment of any vehicle under the
provisions of this chapter, the impounding officer shall notify the
police department of the make, model, vehicle identification number,
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and license number of the vehicle being impounded and the date, time
and location of the vehicle at the time of impoundment.
12.96.040. Preliminary notice to owner.
Written notice that the vehicle has been impounded shall be
sent by certified mail to the owner of record, and any recorded
lienholder of the 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, within five
days, excluding weekends and holidays, of the impoundment of the
vehicle. If the registration on the vehicle is from another
state, a notice shall be transmitted to the department of motor
vehicles in such state, requesting such department to furnish the
city with the name and address of the last known registered owner
and any lienholder of record.
12.96.050. Notice to owner - Contents.
The notice described in Section 12.96.040, or its successor,
shall inform the owner of the vehicle:
A. * * *
B. Of the owner's right to an administrative hearing to determine
whether there was probable cause to impound the vehicle upon filing a
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written request with the office of the treasurer for such a hearing
within ten business days after the owner has learned of the impound of
such vehicle, or within ten business days after mailing of the date
set in the notice, whichever occurs first;
C. * * *
12.96.060. Vehicle sold at auction when - Notice of auction.
A. If at the expiration of fifteen days after mailing written
notice provided for herein such vehicle is not redeemed by the owner
or owner's agent, the director of public services or her or his
designee shall proceed to sell the same at public auction, provided
that notice of the auction is published not less than seven days prior
to such auction in a newspaper distributed in Salt Lake County.
B. * * *
C. * * *
D. The director of public services or her or his designee may
accept or reject all bids for such vehicle but, upon acceptance, the
vehicle must be sold to the highest bidder.
12.96.070. Disposition of sale proceeds
A. The money received from the sale of any such vehicle shall be
applied first to all outstanding fees assessed to said vehicle under
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section 12.96.025 or its successor, , then to pay the actual costs of
advertising the notice of sale and of auctioning the vehicle, and the
balance, if any, shall then be paid into the city treasury.
B.
*
12.96.080. Records of impoundment.
The police department shall keep a record for three years from
date of sale of all vehicles impounded, by manufacturer's name or
make, body type, vehicle 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.
12.96.090. Hearings concerning impoundment.
A.
B.
C.
D.
E.
* * *
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12.96.100. Impoundment - Improperly registered, stolen or other
vehicles.
The police department or public services department shall
immediately impound, in a proper place of storage in the city, all
vehicles found within the city that are improperly registered, stolen,
or bear defaced vehicle identification numbers. Thereafter, the
police department shall, within forty-eight hours, notify in writing
the Motor Vehicle Division of the Utah State Tax Commission of such
impoundment, including the date found, the address where found, the
vehicle make, vehicle identification number, registration number, and
the date and place of storage.
12.96.110. Impoundment - Abandoned and inoperable vehicles.
A vehicle which has been determined to be an abandoned and an
inoperable vehicle, as provided by the provisions of Section 41-1-
79.5, Utah Code Annotated, 1953, or any successor statute, is 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 parking
enforcement officer of the 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.
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12.96.120. Release of impounded vehicles.
Before the owner, or the owner's agent or the lienholder of
record shall be permitted to remove a vehicle which has been
impounded, the owner shall:
A. Furnish satisfactory evidence to the police department of
his/her identity and his/her ownership or interest in said vehicle;
B. 1. Request and obtain from the police department or the
hearing officer, 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 of release shall be issued to the
owner or owner's agent or to the lienholder of record, upon:
2.
C.
a.
b.
*
* * *
SECTION 5. This ordinance shall take effect immediately
upon the date of its first publication.
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9
Passed by the City Council of Salt Lake City, Utah this
day of
Jun e
, 1998.
Transmitted to Mayor on June 10, 1998
Mayor's Action:
XXX
CHIEF • "UTY CITY RECORDER
(SEAL)
Bill No. 43 of 1998.
Published: June 17, 1998
ATTEST:
g:\ordina98\12.96 auto impounds - clean
Approved.
j\Ltid,
MA T1'6' (
15
Vetoed.
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