HomeMy WebLinkAbout0086 Vehicle Removal and Street Obstruction 1970ORDINANCE NO. ~'~
AN ORDINANCE OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF
IDAHO, PROVIDING FOR THE REMOVAL OF IMPROPERLY PARKED VEHICLES;
PROVIDING FOR THE REMOVAL OF UNIDENTIFIED, STOLEN, WRECKED OR
ABANDONED VEHICLES; PROVIDING FOR THE CHARGES ASSESSABLE THERETO;
PROVIDING FOR THE ENFORCEMENT OF THE MUNICIPALITY'S LIEN ON SAID
PROPERTIES; PROVIDING FOR THE MANNER OF SALE AND/OR REDEMPTION OF
SAID PROPERTIES; PROVIDING FOR THE METHOD OF ADVERTISEMENT AND
SALE OF SAID PROPERTIES; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THIS
ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICA-
TION ACCORDING TO LAW.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF IDAHO, AS FOLLOWS:
Section 1. REMOVAL OF IMPROPERLY PARKED VEHICLES: Any
vehicle parked in violation of traffic regulations, any vehicle
parked so as to obstruct the free movement of traffic or the emer-
gency use of streets or causing a traffic hazard, may be removed
upon order of the Police Department. Any such vehicle shall be
deemed to be improperly parked after a period of ten (10) minutes,
unless said vehicle is parked in a regularly marked parking area
and in violation of traffic regulations, when it shall be deemed to
be improperly parked after a period of one-half (1/2) hour. If such
vehicle is attended, the Police Department is authorized to require
the driver or other person in charge of the vehicle to move same or,
if such vehicle is unattended, any police officer is hereby author-
ized to provide for the removal of such vehicle to the nearest garage
or other place of safety.
Section 2. REMOVAL OF VEHICLE OR OTHER PERSONAL PROPERTY
FROM PRIVATE PROPERTY: No person shall cause any motor vehicle or
other personal property to be parked, placed or left on any private
premises without first securing the consent of the owner thereof
or his agent. A complaint having been duly signed by the owner of
the premises or his agent of the action prohibited herein shall
permit the Police Department to remove or cause to be removed said
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vehicle or other personal property to the nearest garage or other
place of safety.
Section 3. REMOVAL OF UNIDENTIFIED, STOLEN, WRECKED OR
ABANDONED VEHICLES: The Police Department is hereby authorized in
its discretion, in addition to any penalty that may be provided
therefor, to provide for the removal of such unidentified, stolen,
wrecked or abandonedvehiele or other personal property, as herein
defined, found upon'any public street or property of the municipality,
to the nearest garage or other place of safety.
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"Unidentified vehicle or other personal property"
as~used in this. ordinance is hereby identified
to be such motor vehicles or other personal prop-
erty where ownership thereof cannot be ascertained.
"Vehicle" is hereby defined as every device in,
upon or by which any person or property may be
transported or drawn upon a street, highway, or
sidewalk of the city and includes devices moved
by human power.
"Other personal property" is hereby defined as
all other property other than vehicles as herein
defined.
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"Stolen vehicle or other personal property" is
hereby defined to be that property which the
Police Department has reasonable grounds to be-
lieve to be stolen.
"Abandoned vehicle or other personal property"
is hereby defined to be an automobile or personal
property which remains upon the streets or other
public property for a period longer than forty-
eight (48) hours, the owner of which cannot be
located or the owner refuses to remove same upon
direction of any police officer.
It shall be deemed unlawful for any owner or any
person in charge of a vehicle or other personal
property to leave or abandon the same upon the
streets or public places as in this ordinance
provided.
Section 4. ENFORCEMENT OF CHARGES ASSESSED AGAINST
PROPERTIES IMPOUNDED BY THE POLICE DEPARTMENT: Ail motor vehicles
and other personal property impounded or heretofore impounded by
the Police Department shall be kept in custody and under control
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at such garage or other place as designated by said Police Depart-
ment until redeemed by the owner thereof, as herein provided.
Section 5. NOTICE OF REMOVAL AND IMPOUNDING OF MOTOR
VEHICLE OR OTHER PERSONAL PROPERTY: Upon removal of a vehicle or
other personal property from a public street or from public property,
the police officer causing the vehicle or personal property to be
removed shall notify the Police Department and cause notice by
certified mail to be sent to the owner and lien holder listed on
the certificate of title on file with the Department of Law Enforce-
ment or Bannock County records. If there is no certificate of title
on file in either of said departments, then notice shall be sent
to the apparent owner as determined by the registration certificate
or other identification found in or on the vehicle, but if no
identification of the owner can be~found in or on the vehicle, no
notice need be given. The notice shall include:
A. The make, year, model, color and license plate
number of the vehicle.
B. The approximate place where the vehicle was found.
C. The place to where the vehicle was removed.
D. A statement that the vehicle can be sold for
removal and storage charges if not claimed
within sixty (60) days from date of mailing
of the notice.
Section 6. LIEN AND PROCEDURE OF SALE: Any person, firm
or corporation who shall remove, store or keep any such vehicle at
the request of any such police officer shall have a lien on such
vehicle for the reasonable value of such services. Such lien shall
be superior and prior to any mortgage or title-retaining contract
on such vehicle, and if such charges are not paid within sixty (60)
days after the mailing of the notice required by Section 5 of this
Ordinance or after sixty (60) days after the date of removal if no
notice is required under Section 5, the person, firm or corporation
performing the same may proceed to sell the property at public auction
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by Eiving ten (10) days public notice of the sale by advertising
in some newspaper published in Bannock County. The proceeds of the
sale must first be applied to the discharge of the lien and costs.
The remainder~ if any: shall be paid over to the owner of the
vehicle.
Section 7. This Ordinance repeals all ordinances or
parts of ordinances in conflict herewith.
Section 8.. That an emergency is hereby declared to
exist and this Ordinance shall take effect and be in full force
and effect upon its passage~ approval and publication as provided
by law.
The Council of the City of Chubbuck, as provided by law, by one-
half (1/2) plus one (1) of the members of the full Council, dis-
pense with the rule that the said Ordinance be fully and dis-
tinctly read upon three different days.
(SEAL)
DULY PASSED AND ENACTED THIS /Q..;'~ day of May, 1970.
City of Chubbu~'
ATTEST:
Geneva D. Valenty, ~i%y Clerk