089 of 2010 - providing for third party vehicle immobilization device removal 24 hours per day 0 10-1
0 10-14
Ordinance No. 89 of 2010
(Amending Sections 12.96.020, 12.96.025 and 12.96.090, Salt Lake City Code,providing for
third party vehicle immobilization device removal 24 hours per day, increasing vehicle
immobilization fees, providing for a hearing following removal of the immobilization device and
requiring payment for replacement of immobilization devices not returned to the City following
authorized removal.)
An ordinance amending Sections 12.96.020, 12.96.025 and 12.96.090, Salt Lake City Code,
providing for third party vehicle immobilization device removal 24 hours per day, increasing
vehicle immobilization fees, providing for a hearing following removal of the immobilization
device and requiring payment for replacement of immobilization devices not returned to the City
following authorized removal.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. That the following sections of the Salt Lake City Code be amended as
follows:
12.96.020: VEHICLES WITH OUTSTANDING PARKING TICKETS:
A. Two Or More Notices Of Unauthorized Use Of Streets (Parking Tickets): Any vehicle which
has two (2) or more notices of unauthorized use of streets within the city, as defined at section
12.56.550 of this title, which notices are thirty (30) days old or older and have not been
dismissed pursuant to subsection 12.56.570D 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. For vehicles that have been immobilized under this section, the City contracts with a third
party provider authorized to collect payment of the fees stated in section 12.96.025 and all
outstanding fees, fines and penalties associated with the parking citations that caused the vehicle
to be immobilized. Upon payment in full the third party provider will remotely release the
immobilization device. This service is available by telephone 24 hours a day. The vehicle
owner may appeal the immobilization after obtaining release of the vehicle by submitting to the
City within five business days a written request for a hearing under section 12.96.090.
C. Delay Of Obtaining Vehicle Immobilization Release: If the vehicle has been immobilized for
a period of twenty four (24) hours, without arrangements being made for its release, it may be
immediately impounded and towed and removed to a place of storage within the city by means
of towing or otherwise. In such event, the vehicle owner will be responsible for payment of
towing and on street booting release fees as provided under section 12.96.025.
12.96.025: TOWING IMPOUND STORAGE, AND BOOTING FEES:
There are imposed for the towing, impound, storage, and booting of vehicles under this chapter
the following fees:
A. Towing: The city's actual costs incurred.
B. Impound processing: One hundred sixty five dollars ($165.00).
C. Storage per day: Seventeen dollars ($17.00).
D. Booting fee: Forty four dollars ($44.00).
E. On street booting release fee: One hundred forty seven dollars ($147.00) for 24/7 boot release.
F. Damage to or failure to return immobilization device: The owner of a vehicle immobilized
under this chapter shall be strictly liable for the cost of repair or replacement of an
immobilization device damaged or destroyed by attempts to wrongfully remove or tamper with
the device and for any damage to the vehicle caused by an attempt to drive while the
immobilization device is in place or by failure to return the device within the time limit specified
by the City's third party provider.
12.96.090: HEARINGS CONCERNING IMPOUNDMENT:
A. A hearing requested pursuant to this chapter, or successor sections, shall be conducted before
a hearing examiner designated by the city within forty eight (48) hours of receipt of a written
demand for such hearing, Saturdays, Sundays and city holidays excepted, unless such person
waives the right to a speedy hearing.
B. The hearing proceedings shall be conducted in an informal manner and shall not be bound by
the formal rules of evidence or procedure. The owner or owner's agent shall be accorded the
essential elements of due process of law, including notice, and an opportunity to be heard and
defend the owner's position.
C. The hearing examiner shall determine whether the city had probable cause, pursuant to city,
state and federal laws, to impound the vehicle in question.
D. At the conclusion of the hearing, the hearing examiner shall prepare a written decision and a
copy of such decision shall be provided to the person requesting the hearing. The decision of the
hearing examiner shall be final. Failure of the registered or legal owner, or the owner's agent, to
request or attend such a scheduled postseizure hearing shall be deemed a waiver of the right to
such hearing.
E. The hearing examiner shall determine whether there was probable cause to impound the
vehicle and, in appropriate cases, whether fees and charges should be reduced in the interest of
justice. In the event that the hearing examiner determines that the vehicle should be released
without fees or with a reduction in fees, the hearing examiner shall prepare and date a written
waiver of such fees. Copies of the waiver shall be furnished the vehicle owner or owner's agent
and the police department. The vehicle shall then be released to the owner or the owner's agent,
in accordance with the terms of said waiver, or a voucher shall be authorized to reimburse the
owner or owner's agent for fees paid to recover the vehicle from impound. If the hearing
examiner determines the impound was justified pursuant to city and state enactments, the owner
or agent shall be responsible for the impound and storage fees accrued and accruing on the
vehicle.
SECTION 2. This ordinance shall become effective upon first publication.
Passed by the City Council of Salt Lake City, Utah this 14th day of December
2010.
CHA RSON
ATTEST:
Y R ORDER
Transmitted to Mayor on December 16, 2010 .
Mayor's Action: A Approved. Vetoed.
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MAY OR
CITY RECORDER r.
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Bill No. 89 of 2010.
Published: December 31, 2010. 1l� %Y
HB ATTY-#14535-vl-amending_12_96_booting_fees_and_procedures.DOC
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date (Z 0 to
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