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HomeMy WebLinkAboutOrdinance No. 18937ORDINANCE No. 18937 AN ORDINANCE CONCERNING REGULATION OF TRAFFIC AND PARKING; REMOVAL OF ABANDONED VEHICLES; IM- POUNDMENT OF VEHICLES; RE-ENACTING SECTION 5.005 OF THE EUGENE CODE, 1971; AMENDING SECTIONS 5.040, 5.055, 5.135, 5.220, 5.225, 5.255, 5.260, 5.270, 5.655, 5.670, 5.695, 5.700, 5.705 AND 5.990 OF THAT CODE; ADDING SECTIONS 5.231, 5.290 AND 5.653, 5.675, 5.693, 5.697, 5,699, 5.980 AND 5.995 TO THAT CODE; REPEALING SECTIONS 5.210, 5.230, 5.235, 5.245, 5.250, 5.375, 5.660 AND 5.?10 OF THAT CODE; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 5.005 of the Eugene Code, 1971, is hereby re-enacted: 5.005 State Traffic Laws. It is the policy of the city to conform its traffic laws as closely as feasible to the traffic laws of the state of Oregon. ORS 275.420, 486.075, 486.221, and the provisions of ORS Chapters 481, 482, 483, 484, 485 and~~487 as now enacted o:~ hereafter amended, are hereby adopted, and violation thereof shall constitute an offense against the city. Section 2. Sections 5.210, 5.230, 5.235, 5.245, 5.250, 5.375, 5.660, and 5.710 of the Eugene Code, 1971, are hereby repealed. Section 3. Section 5.040 of the Eugene Cade, 1971, is hereby amended by adding a new subsection gym} thereto, to read and provide: 5.a4o ~m~ Impose conditions upon which the streets and other public property may be used for parking. Section 4. Sections 5.055, 5.135, 5.220, 5.225, 5.255, 5.260, 5.270, 5.655, 5.670, 5.695, 5.700, 5.705, and 5.990 of the Eugene Code, 1971, are hereby amended to read and provide: 5.055 Criteria for Administrative Actions. The administra- tive actions of the city manager or his or her desig- nate shall be based upon consideration of; Ordinance - 1 18937 ~a} Traffic engineering principles and traffic investigations, ~.b} Standards, la,mitations, and rules promul- gated by the Dregon Transportation Commission or its successor, ~c} Other recognized traffic control standards. ~.d} When establishing conditions upon the use of parking permits, parking hoods or authorizations under subsection (2~ of section 5.270: 1. The relative, seasonal and special event demands for parking spaces within the area of the requested parking; 2, The other public uses for the prop- erty; 3, The location and physical character- istics of the parking facilities; 4. The demand for operating revenues, the costs of operations and enforcement far the parking facilities; 5. The ease of enforcing the provisions of this chapter; and 6. The availability of other parking spaces. 5,135 Storage_of Vehicles on Streets. ~.1~ No person,-sha1~1~.,.,.,,.store or~permit to be stored on a street or other public property without permission of the council, a vehicle or personal property for a period in ex- cess of 24 hours. It shall constitute prima facie evidence of storage of a ~rehicle 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 elsewhere on the black un- less the movement removes the vehicle from the block where it was located before it is returned. ~2~ When a vehicle is found in violation of subsec- tion ~.1~ of this section the officer responsible for enforce- ment of this section shall. Via} Issue a citation for the violation; (b~ Take routine ~,nvestigation to discover the owner and request removal of the vehicle; ~.c~ Failing to discover the owner, make a diligent inquiry with the Oregon Motor vehicle Division as to the name and address of the owner of the vehicle and mail notice to the owner at the address shown vn the Division's records; ~.d} Place a notice conspicuously on the vehicle; ~e~ Impound the vehicle and re~:ove it from the public street or property as provided in sec- tion 5. ~~5 after complying w~,th the requirements. ordinance - 2 18937 of this section. ~3} The notices requa~red in subsection ~2~ of this section shall specify; ~a~ The name of the city employee issuing the notice and haw the employee may be contacted; ~b~ That the vehicle will be impounded as an abandoned vehicle at the owner's expense if not re- moved within five days; ~,c~ That the awner1s expenses may include, in addition to any bail or fine, the costs of towing and storing the vehicle which must be paid before the vehicle will be released and that failure to re- deem the vehicle will result in its sale; ~rd~ That the owner of the vehicle may request before the expiration of the five days'. notice: 1. An extension of time in which to move the vehicle not to exceed 4$ hours. The officer granting the request for an extension shall do sv only if the owner has not requested a similar extensa~on a,n the preceding six months. 2. Upon posting the required bail with the municipal court, a hearing before the muni- cipal judge on the validity of the offense; fie} How and where the owner of the vehicle can get inf ormat~.on about the opportunity for a hearing; and, ~f~ Zf an extension ar hearing is requested and the owner fails to remove the vehicle or appear at the hearing, the veh.a~cle will be impounded without another opportunity to be heard except for good cause shown. ~4} If the ow~nea; of the vehicle requests a hearing before the vehicle is impounded and pasts bail with the mun i- cipal court within 48 hours of the request far a hearing, the vehicle shah. not be impounded until after the hearing. ~.5~ The hearing requested by a vehicle owner shall be held within five days of the request for the hearing and, if possible, ve~xbal notice therefor shall be given to the owner at the time the request is received at the municipal court. ~6} This section shall not apply to vehicles taken into custody as provided in section 5.225 and section 5.740 of this chapter. 5.220 Method o.~ Parkin t.l} Cycles may be parked In a street perpendicular to the edge of the roadway provided, however, that cycles shall be parked only within designated vehicle parking spaces and shall not be parked 5o as to i.nter,~ere with the safety or Ordinance - 3 IB937 operation of vehicles parked in adjacent parking spaces. ~2} Cycles may also park in the triangular or rec- tangular areas specified and designated adjacent to the be- ginning or ending of angle parking stalls when signs or markings have been installed allowing said parking. The cycle must occupy the space within the marked lines placed for the purpose of showing the Limits of available parking space for cycles. (_3} Where parking space markings are placed on a street, in a parking lot or ~,n a parking structure, no per- son shall stand or park a vehicle other than in the indicated direction, other than in a marked space and, unless the size or shape of the vehicle makes compliance impossible, other than within a single marked space. ~4} The operator who first begins maneuvering a ve- hicle into a vacant parking space on a street shall have priority to park in that space, and no other vehicle operator shall attempt to deprive the first operator of the priority or block access to the vacant parking space. t.5} whenever the operator of a vehicle discovers that his or her vehicle is parked close to a building to which the fire department or ambulance service has been summoned. the operator shall immediately remove the vehicle from the area. unless otherwise directed by police. ambulance or fire officers. 5.225 Prohibited Stouoin , Standin and Parking. ~_1} No person shall stop, stand or park a vehicle in such a manner or location that it constitutes a hazard to public safety or an obstruction to vehicle, bicycle or pedes- trian traffic on the street, which shall include, but not be limited to, stopping, standing or parking: ~a} on a sidewalk; ~,b} Within an intersection; ~..c} on a crosswalk; ~..d}. ~1ong side or opposite a street excava- tion or obstruction when stopping, standing or parking would obstruct traffic; Vie} Upon a bridge or other elevated structure used as a street or within a street tunnel; ~f} On any railroad tracks or within 7.5 feet of the nearest rail at a time when the parking of vehicles would conflict with railraad operations or repair of the railroad tracks; fig} on a throughway; ~h} In the area between roadways of a divided highway, ,including cross ovens; ~_i} In a bicycle lane, unless there is at least 3.5 feet of unobstructed bicycle lane between the standing or parked vehicle and the nearest veh i- cular lane; or ordinance - 4 18937 ~_j} A vehicle in an area designated as a vision safety parking zone, except a motorcycle, a trailer of less than 3 feet in height, or any other vehicle less than 5 feet in height with win- dows on all four sides that are transparent and un- obstructed; ~k} Any place where official signs or mark- ings prohibit stopping, standing or parking. ~1} Except to momentarily pick up or discharge a disabled person, in a marked disabled parking space without complying with section 5.280 of this chapter. (2} Except to maanentarily pick up or discharge a passenger, no person shall stand or park a vehicle in such a manner or locative that it constitutes a hazard to public safety or an obstruction to vehicle, bicycle or pedestrian traffic on the street, which shall include, but not be limited to, st~~anding or parking: ~a} On the roadway side of a vehicle stopped or parked at the edge or curb of a street; ~.b} In front of a public ar private driveway; ~.c} Within l0 feet of afire hydrant; ~.d} Within 20 feet of a cross walk at an intersection; ~_e} Within 50 feet upon the approach to an official flashing signal, stop sign, yield sign or traffic control signal located at the side of the street if the standing or parking of the vehicle obstructs the view of the official traffic control device located at the side of the street; ~_f } Within 15 feet of the driveway entrance to afire station and on the side of the street opposite the entrance to the fire station within 75 feet of the entrance; fig} On the pedestrian mall in a manner that would obstruct emergency vehicle access tv and use of the mall; ~~h} Within an area marked by yellow paint on the street or on the curb; 1 On a street or portion thereof designated by official signs as a "Tow-Away Zone"; ~j} Other than a motorbus, in a bus stop which has been designated by official signs or, other than a taxicab, in a taxicab stand which has been designated by official signs, or at any time in interference with any motorbus or taxicab wait- ing to enter or about to enter the officially de- signated space; ar (k} A motorbus or taxicab on a street in a business district at a place other than a bus stop or taxicab stand, respectively. Ordinance - 5 !8937 ~.3} No operator shall park and no owner shall allow a vehicle to be parked: ~.a} Conta~nuausly for a time longer than the maximum tune limit posted an an official sign ar provided in this chapter; fib} Except as provided in subsection ~5} of this section, in an alley other than for the expedi~ tious loading ox unloading of persons or property, but in no case for a period in excess of 30 consecu- tive minutes in any two-hour period; ~c} In a zone designated by official signs as a loading zone when the hours applicable to that loading zone are in effect for any purpose or length of time other than for the expeditious loading or unloading of persons or property for more than the time limits posted or in the event no time limits are posted,for a period in excess of 30 consecutive minutes in any two-hour period; ~d} Within the area between the.curb or curb line and the sidewalk line or outer edge of the side- walk commonly known as the parking strip; ~.e} On either side of the street in front of or adjacent to a residence, motel, apartment house, hotel or other place with sleeping accomadations be- tween the hours of 10:00 p.rn. and 6:00 a.m, of the following day if the vehicle is a motorbus or motor truck as defined in ORS 4$3.014 or a trailer bearing a P.U.C. license; .~f} Contrary to the written conditions upon which a parking permit or meter hood was issued by the city; fig} Except as provided in sections 4.350 and 5.365, in a parking space which has a parking meter covered bar an official parking hood; ~h} Qn a street for the principal purpose of : 1. Displaying the vehicle for sale; 2. Repairing or servicing the vehicle, except repairs necessitated by an emergency; 3. Displaying advertising from the vehicle; yr 4. Selling merchandise from the vehicle, except when authorized; ~.i} any place in violation of the limitations contained on posted official signs; or ~j} Any other place or manner prohibited by state law. ~.4} The operator ox owner of a vehicle has not vio- lated the provisions of this section: ta} When the disregard thereof is necessary to avoid conflict with other traffic, or in com-~ pliance with law or at the direction of a police Ordinance -~ 6 1893'] officer, a city employee or a traffic control de- vice; or fib} Zf i,t is a vehicle owned or operated by the state, county or city when stopping, standing or parking is necessary to perform maintenance or repair work on the street. ~5} An owner or~operator of a vehicle that is to load or unload materials which will require parking the ve- hicle in the alley longer than the above time allowed shall obtain prior approval and consent from the office of the traffic engineer. The approval shall not be a continuing one, and each time the owner or operator of the vehicle de- sires tv park an an alley pursuant to the terms of this paragraph he or she shah. obtain a separate and distinct approval from the office of the designated official. Further, the traffic engineer may grant permission to the owner or operator of a vehicle who loads ar unloads material there- from to enter an alley from a direction other than normally required when the vehicle's doors open only from one side making it more convenient, practical or necessary to enter the alley from the wrong direction in order to lead or unload. Q6} In the event a vehicle has been found standing or parked, in vio~.ation of subsections Ql} and ~2} of this section, in addition to and after issuance of a citation for violation, the vehicle may be removed immediately under the direction of a police officer or parking control officer and impounded according to the provisions of section 5.695 of this chapter. ~7} The above provisions are in addition to the State Motor Vehicle laws prohibiting parking. L.e a v l n Una„_._.. ...~ l e _ ttended e g .,,_,.,~ .,.,,V _hi,,c No operator or person in charge of a veh%cle shall park it or allow it to be parked on a street, on other premises open to the public, or on a new or used car lot without first stopping the engine, locking the ignition, removing the ignition key from the vehicle and effectively setting the brake, If the ve- hicle is attended, the ignition key need not be removed. 5.260 Action b Police Officer or Parkin Control Officer. Whenever a police officer ar parking control officer shall find a vehicle parked unattended with the ignition key in the vehicle in violation of section 5.255, the officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of~the police station. Ordinance - 7 1893 of Cit Pro~ert~. . 2 7 0 Use. ,~, .,.., , ~,.,.~ .. ~'._~.,... ~1} Regulations of this chapter shall not revent P the use of city property by the city, its employees and agents for a designsted purpose and shall not be deemed to prohibit the use of public ways and roadsides in parks ex- cept on areas where the parking of vehicles will damage the improved grounds. ~~} No person shall park yr stare a vehicle on property of the city except on written permission from the designated city official. ~3} The authorization granted under this section shall be of a type prescribed by the city, and shall be on the dashboard of the vehicle so as to be visible and readable through the front windshield from outside the vehicle or dis- played as otherwise provided in the written conditions upon which the authorization is granted. 5.655 Failure to Com ~, With Parkin Citation. If the op- erator dues not respond to a parking citation affixed to a vehicle within a period of five days, the muni- cipal court may send to the owner of the vehicle to which the parking citation was affixed, a letter informing him or her of the violation and warning him or her that the vehicle is subject to impoundment and may be sold if not redeemed. 5.670 Re istered Owner Pre tion. In a pro c n of a -- _ _.g_ - - , ~ _ , ,_ ,._,.._..~,..,.,.~. s ump .~.,~, _._ s e u t i o vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the viola- tion was registered to the defendant shall constitute a pre- sumption that the defendant was then the owner in fact. 5.695 Impoundment of vehicles. ~l} When this c~~o~de or state law provide for impound- ing a vehicle, it shall be given a citation and may be removed by or under the direction of a police officer or parking con- trol officer of the city; taken to the city facilities far storing vehicles or to some reputable vehicle storage facility; and kept there until it is redeemed or sold. ~2} The city employee directing the impoundment shall determine if the vehicle exceeds $750.00 in value at the time the vehicle is impounded. ~3} Within 48 hours following the impoundment of a vehicle authorized by this code, the city shall notify the Ordinance -- 8 1893 owner and other persons having an interest ~.n the vehicle as shown on the retards of the Oregon Motor Vehicle Div i- sion of its impvund~ment as provided in subsections ~4} and ~5} of this section. (.4} Notice req~iired by this section shall be: ~.a} 5ent by certified mail to the owners} and person with. a financial interest in the vehicle as shown on the records of the Oregon Motor Vehicle Division, [b~ Posted in a public place at or near the location of the vehicle when. it was impounded and in a public place at or near the front doors of the Lane County Courthouse and of Eugene City Hall; Vic} If the vehicle exceeds $1,400.00 in value, published once a week for two consecutive weeks in a daily newspaper of general circulation a summary description of the vehicle, its location at the time of impoundment and who to contact for additional information. ~.5} The notice required in subsection (4} ~a) and fib} of this section shall specify: ~a} The name of the city employee issuing the notice and how the employee may be contacted; (.b} The description of the vehicle and the reason it was impounded including a reference to the sections of this code violated ,and authorizing the impoundment; ~_.c} The place where the vehicle is stored and that the towing and storing of the vehicle is at the owner's expense; ~_d} Where any person may assert his or her claim of financial interest in the vehicle sa long as it is done within l5 days of the date of the notice if the vehicle is valued at $750.00 or less, or within 30 days of the date of the notice if the vehicle is valued at over $750.00, and that a fail- ure to do so will constitute a waiver of any finan- cial interest they may claim in the vehicle; fie} How any interested person may secure the release of the vehicle upon posting bail and paying outstanding fines for parking offenses to municipal court and upon paying tow and storage fees to the person having custody of the vehicle; ~_f} The vehicle may be Bald or junked if it is not redeemed; and fig} Any person securing release of the vehicle may challenge the ~ralidity of the citation issued and the creation and amount of the tow and storage charges at the time and place set for the court Ordinance ~- 9 1893 appearance on the citation issued at impoundment, prov~.ded the person secura,ng release of the vehicle had no notice of the opportunity for a hearing under subsection ~5} of section 5.135 of this chapter,. ~6} This section shall not apply to vehicles im- pounded under the direction of a police officer for: (a} Criminal investigative purposes, or [b} For safekeeping when the operator of the vehicle is unable to safely and lawfully park the vehicle. If the owner fails to claim the veha,cle within five days after its impoundment or notice of its release from criminal investigations, it shall be ~,mpounded, redeemed or sold as provided in this section and section 5.b99 of this chapter. 5.704 "Boat" -- Installation. ~l} When a driver, owner o~ person in charge of a vehicle is cited for violation of section 5.231 the officer issuing .the citation shall: ~_a} Immobilize the vehicle temporarily, until 11:00 a.m. of the following day, by installing on or attaching to the vehicle a device designed to res- trict the normal movement of the vehicle; ~.b} Conspicuously affix to the vehicle the written notice prescribed in subsection (2} of this section; ~c} Using the records of the Oregon Motor ve- hicle Division or other record readily available, mail the notice prescribed in subsection ~2} of this section to the owner; and ~d} Unless release of the vehicle is arranged by 11:00 a.m. of the following day, remove the ve- hicle from the street or other public property as provided in section 5.~~5 of this code. ~.2} The notice required by subsection ~l} of this section shall conta~,n: ~a} The name of the city employee ordering the temporary immobilization; fib} A description of the vehicle and its loca- tion; Vic} A statement ary immobilization of ence to the section of ~d} Where to go the veh~.cle; (_e} The date and the vehicle towed and resulting in the sale of the reason for the tempor- the vehicle including a refer- this code violated; and how to obtain release of time when the city will have stored at the owner's expense, of the vehicle to satisfy these Ordinance - 10 18937 expenses and unpaid bail and fines if the owner fails to redeem the vehicle; ~f} The statement that attempting to remove the immobilization device or removing it or attempting to remove or remo~ring the vehicle before it is released as authorized by this code is an offense. . ~.3} The parking restrictions of the city shall not apply to a vehicle that has been temporarily immobilized as provided in this section. 5.705 "Boot" - Removal. ~l} 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 is released by the police depart- ment or the clerk of the municipal court in accordance with this section. ~2} A vehicle shall be released and the temporary immobilization device removed when the owner, operator or person in charge of the vehicle: ~a} Posts bail and pays all fines and bail for parking citations issued against the vehicle, its operator or o~rner; yr fib} Presents clear and convincing information to an employee of the city designated by the munici- pal judge to receive such information, that the pre- sent owner of the vehicle did not own the immobilized vehicle at the time the parking citations were issued that established the violation of section 5.231, or that the bail and fines for parking citations that establish the violation of section 5.231 have been paid before the vehicle was temporarily immobilized, ~3} The city employee designated by the municipal judge as provided in subsection ~.2} of this section may for good cause extend the time limit the temporary immobilization device is left attached to a vehicle before it is towed and stored provided the owner, in writing, assumes all risk of damage to the vehicle while it remains immobilized. The ex- tension of the time limit shall not exceed an additional Z4 hours, excluding Sundays and ho~.idays. 5.990 Penalties ~- Specific . (1} Except as may be limited by charter, violations of ORS provisions adopted by reference in section 5.005 of this code are offenses against the city and are punishable to the same extent provided in the statutes. ordinance - 11 18437 . ~_2} violation of sections. 5.060 to 5.155, subsec- tions ~1} and ~2} of section 5.225, 5,540, 5.550, 5.555 and subsections ~3} and (4} of section 5,980 is punishable by fine not to exceed $100.00. ~3} Violation of sections 5.285, 5.385, 5.565, 5.575, 5.580 or 5,585, shall be punishable by a fine not exceeding $25.00. ~.4} In addition to ar in lieu of a penalty far a bicycle violation, the municipal judge may prohibit the opera- tion of a bicycle used in the violation on the streets of the city for a period not to exceed 30 days. In such event, the chief of police shall be directed to impound the bicycle and retain it for the period that the operation is prohibited, or the owner's registration card held for the period during which the operation of the bicycle is prohibited. C5} When there have been repeated violations of paragraph ~,3}~~f} of section 5.225, in additive to the penalty provided in section 5.995, the municipal judge may suspend for up to one year the privilege of purchasing a parking per- mit or meter hood for any vehicle o~rned or leased by the offender. ~6} violation of subsection ~3} of section 5.233 is punishable by a fine not to exceed $500.00 or confinement in the county jail not to exceed 100 days, or both fine and im- prisonment. ~7} Violation of section 5.232 is punishable by: (a} A fine not to exceed $20.00 far the first violation; fib} A fine second violation (c } A f ine violation by the ~d} A fine violation by the (e } A f ine and subsequent v not to exceed $30.00 for the by the same individual; not to exceed $40.00 for the third same individual; not to exceed $50.00 for the fourth same individual; and not to exceed $100.00 for the fifth iolations by the same individual. Section 5. The following sections are hereby added to the Eugene Code, 1971, to be nu~bered and pro~ride: 5.231 Prohibited Parkin -~ Failure to Pa Fines and Post Bail. ~l} Nv operator sha~,l stand or park a vehicle and no owner shall allow a vehicle tv stand or park on a street, city property, property controlled by the city or property for which the city is contracted to enforce parking regula- tions when there is $20 or more in unpaid bail, fines or a combination of bail and fines for parking violations} in Ordinance - 12 1937 this code and the time for appearing in municipal court specified on the citations} has passed or the time for payment of the fine has passed. (2) when a vehicle is standing or parked in viola- tion of subsection ~l~ of this section, the parking control officer yr police officex shall immobilize the vehicle as provided in section 5.74Q of this chapter. 5. 94 Denia of pa kin Perm _ ,..,., x ~_ .its and Hoods, The city mana- ger ar his ax her designee may withhold issuing any parking permits or parking hoods authorized by this chapter if the person seeking the parl~ing permit or hood or a vehicle owned by the person seeking the parking permit yr hood: ~a~ has outstanding citations for violations of th~.s chapter for which bail has not been deposited with or fines paid to the municipal court; or ~.b~ is subject to a municipal court order deny- ing the issuance thereof, 5.653 Joinder of Offenses. ~ parking citation must charge but one offense and in one farm only, except several parking citations against a vehicle operator or owner for the same act of stopping, standing or parking may be consoli- dated upon order of the municipal court. 5.675 Expedited Judicial P~e~riew of violations, The munici- pal court may establish procedures fvr the owner, operator or person in charge of a vehicle to receive a review of the written record for any citation based on~a violation of this chapter yr for towing and storage fees provided in section 5.693 of this chapter and to receive a decision on the written record. Before a person uses the procedures established under this section the municipal court may re- quire the posting of bail or bond fvr the offense, the waiver of the right tv trial and appeal therefrom, and an agreement that any decision rendered shall be final and no appeal taken thereon. The review may be limited to matters not previously considered by the municipal court. 5.6 9 3 I m o u n din e n t D wn e r.,,,. ~~_,._,,. ,,,,,,.,~ p - ,,,,'s Responsibility, The owner of a vehicle shall be responsible for the cost of tow- ing and storage of the vehicle impounded plus the costs of notice and sale as provided in sections 5.693 to 5,980. Ordinance - l3 18937 5, 697 Impoundment -~ Re~riew of Im ound Fees. At the time and place set for court appearance on a citation issued in connect~.on with an ~,mpoundn~.ent authorized by sec- tion 5.695, the municipal judge shall hear in addition to any challenge to the validity of the citation, any challenges to the amount of the tow and storage paid or to be paid by the person securing release of the vehicle. 5, 699 ~Impound~nent ~- Sale_ ~nd.,.,,Reden~ption, ~1} Any vehicle impounded by authority~of section 4.695 shall be sold as prescribed in section 2.525 et seq. of this code. Any notice given the owner in compliance with section 5.695 may be used in meeting the notice requirements of section 2.525. (2} The city's interest in and hold on any vehicle impounded by authority of section 5,695 shall be released any time prior to sale of the vehicle upon the owner or other person having a financial interest in the vehicle posting with municipal court any unpaid bail and paying all unpaid fines. _y ,,,.,,_„~ awing and Stvra~e. 5.9 0 Possessor L a. e n f o r T_„_,...~,,..._ ,_~.,.,..,.,.~._ ~.~.~„~ ~.l} Any person who, at the request of a police offi- cer or parking control officer of the city, tows and stores a vehicle as authorized by this chapter; ~a~ Except as otherwise provided in this sec- tion, shall have a lien on the vehicle and its con- tents in accordance with ORS 57.152 for the just and reasonable charges for towing and storage services perf or~med; . ~b~ May retain possession of the vehicle and contents until such charges are paid; and ~.c~ Shall prouide written notice, approved by the city, containing information on the procedures necessary to obtain the release of the vehicle and judicial review or hearing as provided in sections 5.675 and 5.697 of this chapter to each person who seeks to redeem the vehicle. ~_2} Alien described under this section does not attach to the contents of any vehicle until l5 days after taking the vehicle into custody. ~3~ No person towing or storing a vehicle as pro- vided in this chapter may release the vehicle without first obtaining the wr~.tten permission of the municipal court or the pola~ce departr~ent. Ordinance w 14 18937 ~_4} Before any net proceeds from. the sale of the vehicle are paid to the Lane County Treasurer as provided in subsection ~2} of ORS $7.20.4, they shall be deposited with municipal court to satisfy any unpaid bail and fines for parking offenses ,involving the said vehicle. Any amount remaining thereafter shall then be paid by the city to Lane County Treasurer. At the time the net proceeds are deposited with the municipal court, the lien claimant shall also de- liver to municipal court the documents required by subsection ~2} of DRS $7.206. 5.995 Penalt%es ~- General. Except as provided in section 5.990, violation of any section of this chapter is punishable by fine not to exceed $50.04. Section 6. This Ordinance concerns the public health, welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective in~ediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 8th day of March, 1982 City Recorde ~pp.roved by the N~ayor this 8th day of March, 1982 Mayo Ordinance - 15.