HomeMy WebLinkAboutOrdinance No. 20023ORDINANCE NO. 20023
AN ORDINANCE CONCERNING MOTOR VEHICLE IMPOUNDMENT;
AMENDING SECTIONS 5.135, 5.225, 5.285, 5.685, 5.695,
5.691, 5.699, 5.100, 5.745, AND 7.095 DF THE EUGENE
CODlE, 1911; ADDING NEW SECTIONS 5.696 AND 5 :-fi~98. TO THAT
CODE; AND REPEALING SECTIONS 5.650 AND 5.655 OF THAT
CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 5.135 of the Eugene Code, 1971, is amended to provide:
5.135 Storage of Ve,h„i, c1 es on.,,,Streets .
~ 1 } No perslon shalll stare~or permit to be stared a veh i c1 a or
personal property on a street or other public property for a period in excess of
24 hours. It shall constitute prima facie evidence of storage of a motor vehicle
if the same is not moved for a period of 24 hours. The continuity of the time
shall not be deemed broken by movement of the vehicle e1 sewhere on the b1 ock
unless the movement removes the vehicle from the block where i t was 1 ocated
before it is returned.
~2}, When a vehicle is found in violation of subsection ~1} of this
section an officer responsible for enforcement of this section shall issue a
citation for the violation and may order the vehicle impounded after providing
the notice required under ,sections 5.695 and 5.691 and, if requested, a hearing
under section 5.698 of this code.
~3 } This section shal 1 not app1 y to vehicles taken into custody as
provided in section 5.225 and section 5.700 of this chapter.
Section 2. Subsection ~fi} of Section 5.225 of the Eugene Cade, 1971, is
amended, the current Subsection ~ 1} i s renumbered to ~8} , and anew Subsection
~ 7 } added thereto, to provide
5.225 Prohib_~ted Stopping, Standing and Parkins.
~6} In the event a vehicle has been found standing or parked in
violation of subsections ~1} and ~2} of this section, in addition to issuance of
a citation for the violation, a police officer, parking control officer or
community service specialist may order the vehicle impounded.
~l} After impounding a vehicle under this section, the city shall
provide notice as required under sections 5.695 and 5.691 of this Cade.
~8} The above provisions are i n addition to the Oregon Vehicle Code
laws prohibiting parking.
Section 3. Subsection ~2} of Section 5.285 of the Eugene Cade, 1971, is
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amended to provide:
5.285 Char es for Off-Street Parkin .
~2} To secure:
~a} Payment of the charge,
fib} Payment of whatever unpaid charges have accrued in favor
of the city under chapter 5 of this code on account of prior
parking, towing, and impounding of the vehicle, and
~c} ~ Payment of whatever unpaid amounts have been imposed by
the mun~ c~ pa1 court for v~ 01 ate ons of the chapter that have involved
the veh i c1 e,
the city may immobilize the vehicle in accordance with section 5.700 of this
code. If release of the vehicle is not then effected in accordance with that
section, the veh i c1 a may be removed from the parking f ac i 1 i ty i n accordance with
section 5.695 of this code and shall thenceforth be subject to the provisions of
that section regarding impoundment, redemption, and sale.
Section 4. Sections 5.fi 50 and 5.655 of the Eugene Code, 1971, are
repealed,
Section 5. Section 5.685 of the Eugene Code, 1911, is amended to provide:
5.fi85 Snow Emer enc -Removal Im oundin and Return of Vehicles. Any
vehicle left parked or abandoned on a priority one, priority two or
priority three route duri ng a snow emergency shall be deemed to constitute a
hazard or obstruction to motor vehicle traffic using that street and may be
removed immediately under the direction of a police officer, parking control
officer or community service specialist and impounded according to the provisions
of sections 5.695 and 5.697 of this chapter and the administrative rules adopted
thereunder. The provisions of this section are i n addition to Oregon Vehi cl e
Code laws and other provisions of this Code prohibiting parking.
Section 6. Section 5.695 of the Eugene Cade, 1911, is amended to provide:
5.695 Im oundment of Vehicles .
~ 1 } When this code or state 1 aw provides for i mpound i ng a veh i c1 e,
~t shall be given a c~tat~on and may be removed by or under the direction of a
police officer, parking control officer or community service specialist of the
city; taken to the city foci 1 i t i es for storing vehi c1 es or to some reputabl e
motor vehicle storage facility and kept there until it is redeemed or sold.
~2} Subsection ~ 1 } of this section shal 1 not apply to vehicles
impounded under the direction of a police officer for criminal investigative
purposes or for safekeeping when the operator of the vehicle i s unable to safely
and 1 awful ly park the vehicle. If the owner fails to claim the vehicle wi thi n
five days after its impoundment ar notice of its release from criminal
investigations, it shall be impounded, redeemed or said as provided in this
section and section 5.699 of this chapter.
~3 } The city manager ar his or her designee shat l adapt
administrative rules setting forth the requirements of impoundment nati ces, which
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shall comply with the federal constitutional requirement of due process of 1 aw,
and the procedures to be followed at any hearings requested thereon. The rules
shall be adopted i n the manner set forth i n section 2.019 of this code.
Section 7. Anew Section 5.696 i s added to the Eugene Cade, 1971, to
provide:
. 96 im aundmen .
p _ t - In„ventorY. When a veh i cl a has been 1 awful ly imp0unded
by the c~lty, the contents shall be inventoried. An inventor
y
conducted pursuant to the s sects on shall be made for the fo11 owe ng purposes:
~a} Ta ensure the protection of the owner's property while
~t ~s impounded;
fib} Ta reduce the potential assertion of false claims
against the city or other persons far 1 ast, stolen ar damaged
property; and
~c} To reduce the danger to police officers and others from
the impoundment of uninventoried property.
The city manager or the manager's designee shal 1 adopt an administrative program
for ~nventor~es conducted pursuant tv this section. These internal policies
shall be designed and administered s0 that the inventories are conducted for the
purposes set forth in this section and under specific guidelines which ensure
that the inventory i nvvl ves no exercise of discretion by the person directing ar
taking the inventory.
Section 8. Section 5.691 of the Eugene Code, 1911, is amended to provide:
5.691 ,gym oundment ,,,,,,,,,,., Notice. When this code or state 1 aw provides for
~ mpound ~ ng a .veh ~ cl e, the c~ ty shall provide notice of the
impoundment ~ n accordance w~ th the procedures established by administrative rules
of the city manager issued pursuant to section 5.695 of this code.
Section 9. Section 5.698 is added to the Eugene Cade, 1911, to provide:
5.698 Hearin to Contest val i d i t of Im oundment.
~ 1 } A person provided notice under section 5.691 of this code, ar
any other person who reasonably appears to have an interest in the vehicle, may
request a heari ng to contest the vat i d i ty of the removal and custody of a
vehicle.
. ~ 2} The manner of giving notice of the right to a heari ng pravi ded
for ~ n subsect~ on ~ 1 } of the s section and the procedures to be followed at the
hearing shall comply with the rules adapted by the city manager pursuant to
section 5.695 of this code.
Section 10 . Section 5.699 of the Eugene Code, 19l 1, i s amended to provide
5.699 Im _oundmen„„, empt i on .
_.._p..~._ t -Sale a,nd Red,,,,,,,_„
~ 1 } Any veh i c1 a impounded by authority of section 5.695 shall be
sold as prescribed i n section x.825 et seq. of this code. Any notice given the
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owner i n compliance with section 5.691 and the administrative rules adopted under
section 5 , 695 may be used i n meeting the notice requirements of section 2.825 .
~ ~ } The city's interest i n and hold on any vehicle impounded by
authority of section 5.695 shall be released any time prior to sale of the
veh i cl a upon the owner or other person havi ng a f i nanci al interest i n the veh i cl e
posting with municipal court any unpaid bail and paying all unpaid fines.
Section 11. Subsection ~ 1 } ~c} of Section 5. ]00 of the Eugene Code, 19]1,
is repealed, and Subsection (1)(d) of that Section is relettered to (1)(c) and
amended to provide
5.]00 "Boot" -Installation.
~1} When a driver, owner, or person in charge of a motor vehicle
i s cited for violation of section 5.231 the officer issuing the citation shal 1:
~c} Unless release of the vehicle is arranged by 11:00 a.m.
of the following day, remove the vehicle from the street or other
public property as provided in section 5.695 of this code.
Section 12, Subsection ~1} of Section 5.705 of the Eugene Code, 19]1, is
amended t0 provide
5.]05 "Boot" -Removal.
~1} No person other than an officer of the city may remove or
attempt to remove the device, or move or attempt to move the vehicle, before it
i s released by the police department or the clerk of the municipal court i n
accordance with this section. If the device has been removed, ar the vehicle has
been moved, i n violation of this subsection, i n addition to the issuance of a
citation for the violation, a parki ng control officer, community service
specialist or police officer of the city may order the impoundment of the
vehi c1 e. after the vehicle has been impounded, the city shal 1 provide notice as
provided under section 5.69] of this code and the administrative rules adopted
under section 5.695 of this code.
Section 13. Subsections ~2} and 44} of Section ].095 of the Eugene Code,
1911, are amended to provide:
1.095 Closing Street Dur,'n,g Construction.
~2} Whenever a street or a part of a street is closed, the
contractor or person directly i n charge of the work shat 1 construct and mai ntai n
at either end of the construction work and other places as the city may direct,
proper and suitable barriers and NO Parking signs and legend approved by the
traffic engineering division of the city, 24 hours i n advance of the proposed
closure notifying the publ ~c of the constructs on work, and that the street or
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part of a street i s closed to public traffic and closed to parking. In the event
a motor vehicle shall be found standing or parked within the street or part of
a street 24 hours after the posting of the barriers and signs, i n vi of at i on and
contrary to the provisions of this sects an, the motor vehicle shall be given a
citation and may be impounded under sections 5.695 and 5.697, and the
administrative rules issued thereunder.
X43 Whenever a street ar streets are to be closed for the purposes
of moving bus 1 di ngs or other associated type moves, the contractor, or person
directly i n charge of the moving aperati an shat l post "No Parking" signs and
legend approved by the department 24 hours i n advance of the proposed closure,
notifying the public of the moos ng operation and that the street or streets are
closed to public traffic and public parking. When the signing is completed the
department shat 1 inspect the street or streets to be c1 osed and determine i f the
proper signs have been posted i n comps i once herewith . In the event that a motor
vehicle shall be found standing or parked within the street or streets 24 hours
after the posting of the signs, in violation and contrary to the provisions of
this section, the motor vehicle sha11 be given a citation and may be impounded
under sections 5.695 and 5. fi91, and the administrative rules adapted thereunder.
Section 14, The City Recorder, at the request af, or with the concurrence
of the City Attorney, is authorized to administrative]y correct any reference
errors contained herein or in other provisions of the Eugene Code, 19T1, to the
provisions added, amended or repealed herein.
Passed by the City Council this
18t , day of September, 1995
City Recorder
Approved by the Mayor this
18th day of September, 1995
j '•
~ .;
Mayor
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