043 of 2013 - Amending Section 12.96 relating to vehicles with outstanding parking tickets, towing, impound, stora 0 13-1
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SALT LAKE CITY ORDINANCE
No. 43 of 2013
(Amending 12.96.020 re vehicles with outstanding parking tickets, 12.96.025 re towing,
impound, storage, and booting fees, and 12.96.090 re hearings concerning impoundment)
An ordinance amending section 12.96.020 of the Salt Lake City Code, relating to vehicles
with outstanding parking tickets, section 12.96.025 of the Salt Lake City Code, relating to
towing, impound, storage, and booting fees, and section 12.96.090 relating to hearings
concerning impoundment.
WHEREAS, the City Council has authorized the impoundment or immobilization of
vehicles with outstanding parking tickets, and has imposed fees in connection with those actions;
and
WHEREAS, the City Council understands that the city will be providing vehicle
immobilization services using city personnel rather than through a third-party provider, and
wishes to amend section 12.96.020 to reflect that change; and
WHEREAS, the City Council has imposed fees in connection with the towing, impound,
storage, and booting of vehicles; and
WHEREAS, the City Council wishes to amend section 12.96.090 to clarify the
applicability of that section to hearings regarding the impounding and immobilization of
vehicles.
NOW THEREFORE, be it ordained by the City Council of Salt Lake City:
SECTION 1. That Section 12.96.020 of the Salt Lake City Code, relating to vehicles
with outstanding parking tickets be, and the same hereby is, 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 that
has two (2) or more notices of unauthorized use of streets within the city, as defined at
section 12.56.550, which notices are forty (40) days old or older and have not been dismissed
pursuant to subsection 12.56.570E, or dismissed or reduced to judgment by a court of
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competent jurisdiction, shall be subject to immediate impoundment by towing or by means of
an immobilizing device.
B. Immobilized Vehicles; Appeal: For vehicles that have been immobilized under this section,
the city shall collect 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 city shall release the immobilization device. This service shall be
available by telephone. The vehicle owner may appeal the immobilization after obtaining
release of the vehicle by submitting to the city within five (5) 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 shall pay towing and on
street booting release fees as provided under section12.96.025.
SECTION 2. That Section 12.96.025 of the Salt Lake City Code, relating to towing, impound,
storage, and booting fees be, and the same hereby is, amended as follows:
12.96.025: TOWING, IMPOUND, STORAGE, AND BOOTING FEES; FEE FOR
REMOVAL OF ITEMS FROM VEHICLES:
There are imposed for the towing, impound, storage, and booting of vehicles under this chapter
fees as shown on the Salt Lake City consolidated fee schedule.
A. Damage To Or Failure To Return Immobilization Device: The owner of a vehicle
immobilized under this chapter shall be strictly liable for (i) the cost of repair or replacement
of an immobilization device damaged or destroyed by attempts to wrongfully remove or
tamper with the device, (ii) any damage to the vehicle caused by an attempt to drive while the
immobilization device is in place, and (iii) the cost of a replacement immobilization device
that is wrongfully removed and not returned to the city.
B. Effective July 1, 2013, any person who enters an impound lot or storage area of the city for
the purpose of removing personal property from a vehicle in the impound lot or storage area shall
pay to the city a fee for each period of up to 30 minutes that the person is within the impound lot
or storage area. The fee shall be in an amount shown on the Salt Lake City consolidated fee
schedule. The city shall not charge that fee to a person who is within the impound lot or storage
area for the sole purpose of removing from a vehicle personal health care items or personal
identification issued by a governmental entity.
SECTION 3. That Section 12.96.090 of the Salt Lake City Code, relating to hearings
concerning impoundment be, and the same hereby is, amended as follows:
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12.96.090: HEARINGS CONCERNING IMPOUNDMENT AND IMMOBILIZATION:
A. A hearing requested pursuant to this chapter 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 vehicle owner or the 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 or immobilize the vehicle in question.
D. The hearing examiner shall determine whether, in appropriate cases, 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
to 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 or immobilization. If the hearing examiner determines that the
impound or immobilization was justified pursuant to city and state law, the owner or agent
shall be responsible for the impound and storage or immobilization fees accrued and accruing
on the vehicle.
E. 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 post-seizure or post-immobilization hearing shall
be deemed a waiver of the right to such hearing.
SECTION 4. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Ut. this 8 day of June , 2013.
/ t
CHAIR`/' R`tV
ATT-EST:
CITY RECORDER
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Transmitted to Mayor on June 18, 2013 •
Mayor's Action: Approved. Vetoed.
MA 'OR
CITY RECORDER �'
(SEAL) /I. $
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Bill No. 43 of 2013. APPROVED AS TO FORM
Published: 6-26-13 Salt Lalw City Attorney's Office
Date - z3- 13
HB_ATTY-#29456-v3-Amend_12_96_024_re_retrieving_objects_from_impounded_vehicles_.docx
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