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0086 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 -1- 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. Am "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. Dm "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 -2- 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 -3- 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