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Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (0) Index Notes (1)
[Adopted 7-20-1984 by Ord. No. 136; amended in its entirety 6-18-2004 by Ord. No. 382 (Ch. 227, Art. V, of the 1992 Code)]
This article shall be known and may be cited as the "Vehicle Towing, Impoundment and Immobilization Ordinance."
For purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include future, words in the plural number include the singular number, words in the singular number include the plural number and reference to any gender shall include all genders. The word "shall" is always mandatory and not merely directory.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWN
The Town of Bethany Beach.
VEHICLE
A machine propelled by power other than human power designated to travel along the ground by use of wheels, treads, runners or slides and to transport persons or property or pull machinery and shall include, without limitation, an automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
Any police officer of this municipality, while in the performance of his duty, may remove and tow away or have removed and towed away by commercial towing service, from any public highway, highway right-of-way, street or alley within the Town, any vehicle parked or left standing in such a manner as to create a hazard by interfering with the normal movement of traffic, by preventing the exit from or entrance to any public highway, private road or driveway, by interfering with emergency fire-fighting equipment or any other emergency vehicle or by being involved in an accident and rendered incapable of being moved under its own power, or which otherwise creates a hazard or emergency situation.
Any police officer of this municipality, while in the performance of his duty, may immobilize, or remove and tow away, or have removed and towed away, by a commercial towing service, from any public highway, highway right-of-way, street or alley within the Town, any vehicle:
A. 
Parked in violation of any provision of the Town Code which prohibits parking in a designated area or which restricts the length of time a vehicle may be parked therein;
B. 
Parked in violation of any provision of the Town Code which prohibits parking in a metered area for a longer period than that covered by the amount paid; or
C. 
Which has unpaid parking citations issued under any of the provisions of Article I, Article II, Article III and Article IV of this chapter, totaling $100 or more, each of which has remained unpaid for 10 days or more.
A. 
No vehicle shall be immobilized by any means other than the use of a device or other mechanism (commonly known as a "boot") which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.
B. 
In the event a vehicle is immobilized, in addition to any other fine or cost imposed by this chapter, an additional cost as set out in Chapter 1, General Provisions, Article I, Penalties, shall be levied against the owner of the vehicle for the costs of immobilizing said vehicle. The Town shall have the right to waive this charge.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
In the event a vehicle is immobilized pursuant to this article, the Police Officer shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn an individual that such vehicle has been immobilized and that any attempt to move such vehicle may result in damage to the vehicle.
D. 
Any vehicle remaining immobilized for three days may be towed and impounded. Notice shall then be sent and the vehicle shall only be released in accordance with §§ 227-26 through 227-37 of this article.
E. 
Any vehicle immobilized shall not be released to its lawful owners until all unpaid municipal parking citations issued on said vehicle, together with the costs of immobilization, have been discharged either by payment of all fines and costs assessed thereon or by action of the Alderman Court.
F. 
If the fines and costs of immobilization are paid under protest, the owner of the vehicle shall be entitled to a hearing before an Alderman of the Town of Bethany Beach, at which he may introduce such witnesses and evidence as he deems necessary and relevant to the issue of whether probable cause existed for the immobilization of said vehicle and whether the costs imposed are reasonable. The notice placed on the vehicle pursuant to Subsection C above shall include a statement advising the owner or individual in possession of his right, within 72 hours of the issuance of the notice, to pay the fines and costs under protest and to request and subsequently appear at a hearing. If the fines and costs are paid under protest, they shall be held in escrow pending the decision of the Alderman. The hearing shall proceed in accordance with §§ 227-31 and 227-32 of this article. If the Alderman finds probable cause existed for the immobilization, the fines and costs paid shall be released from escrow and paid to the Town. If the Alderman finds no probable cause existed, the costs of the immobilization shall be returned to the owner.
G. 
It shall be unlawful for any person to remove an immobilization device and, having unlawfully removed such immobilization device, not to return it to the Town Office. In any instance in which an immobilization device has been removed other than by or at the direction of a municipal officer, there shall be a rebuttable presumption that the registered owner of the motor vehicle is responsible for the removed, missing or stolen device. Any violation of this section shall be punishable upon conviction by a by such fines as set out in Chapter 1, General Provisions, Article I, Penalties. In addition, the Town shall have the right to recover the total of all unpaid municipal parking citations issued on said vehicle, the costs of immobilization, and court costs.
[Amended 2-17-2006 by Ord. No. 407]
A. 
Except for the Bethany Beach Police Department and employees of the Town working in concert with the Bethany Beach Police Department, vehicles shall be removed and stored only by commercial wreckers or towing services duly licensed by the State of Delaware.
B. 
Within 24 hours of the removal of such vehicle, the Bethany Beach Police Department shall give written notice, by certified mail, return receipt requested, to the registered owner of the vehicle, if known, that said vehicle has been impounded and stored pursuant to this article. Said notice may be hand delivered to the registered owner or to such person lawfully entitled to possession should such person appear personally at the Bethany Beach Police Station to claim the vehicle; provided, however, that if such person is not the registered owner, written notice shall be sent to the registered owner.
When a motor vehicle or other vehicle is authorized to be towed away, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow.
A. 
When the Bethany Beach Police Department is unable to ascertain the identity of the registered owner of the towed vehicle, it will, within one business day of the removal of such vehicle, contact the Delaware Division of Motor Vehicles and such other agencies and departments of government in this and other states as are reasonably necessary to ascertain the name and address of the registered owner.
B. 
Once the identity of the registered owner of the vehicle is determined, the Bethany Beach Police Department shall give written notice pursuant to § 227-27. If the Bethany Beach Police Department is unable to ascertain the registered owner after exhausting all reasonable efforts, it shall be sufficient notice under this section to publish the notice described in § 227-30, with all known information, once in a newspaper of general circulation in the Town of Bethany Beach. Such notice by publication may contain multiple listings of vehicles.
A. 
Notice of removal under this article shall give the location of where the towed vehicle is stored and the costs being incurred for removal and storage.
B. 
Notice of removal under this article shall contain the following information:
(1) 
The year, make, model and serial number of the vehicle.
(2) 
The name and address of the last-known registered owner of the vehicle, if available.
(3) 
The vehicle registration number and the title registration number of the vehicle, if available.
(4) 
The date on which the vehicle was removed.
(5) 
The location from which the vehicle was removed.
(6) 
The reason for towing, including citation of ordinance violated, if any.
C. 
Notice of removal under this article shall also advise the registered owner of the vehicle that he or the person legally entitled to possession may request a hearing before an Alderman of the Town of Bethany Beach, at which hearing he may introduce such witnesses and evidence as he deems necessary and relevant to the issues of whether probable cause existed for towing pursuant to this article and whether costs incurred for removal and storage are reasonable. The notice shall state that any request for a hearing shall be made within 72 hours (not counting weekends or holidays) following receipt of this notice. The notice shall state that the hearing will be scheduled within 24 hours following receipt of a written or oral request by the Bethany Beach Police Department, unless a request for an extension is submitted to the Bethany Beach Police Department with the hearing request.
A. 
Upon receiving a request for a hearing pursuant to § 227-26 or 227-30C, the Bethany Beach Police Department shall set a hearing within 24 hours before an Alderman of the Town of Bethany Beach, unless an extension is requested by the registered owner. Notice shall be given to the person requesting the hearing by certified mail, return receipt requested, and, if possible, by telephone and to the Bethany Beach Police Department.
B. 
At such hearing, the Bethany Beach Police Department shall produce evidence relevant to the issue of whether or not probable cause existed for the immobilization or towing pursuant to this article. The person requesting such hearing shall then be permitted to introduce such witnesses and evidence as he desires relevant to that issue.
C. 
Evidence may also be received as to the reasonableness of the immobilization or removal and storage costs incurred.
D. 
All witnesses shall be placed under oath. Strict rules of evidence shall not be required but the Alderman may accept any relevant evidence of a probative nature which, in its opinion, is such as could reasonably be relied upon by persons of common sense and prudence.
E. 
At the conclusion of such hearing, the Alderman shall determine whether or not probable cause existed for the immobilization or towing pursuant to this article. The Alderman shall also determine whether removal and storage costs incurred are reasonable. Upon a finding that removal and storage costs are unreasonable, the Alderman shall have the authority to reduce said costs.
In the event of towing, the Bethany Beach Police Department shall, pending a hearing, issue a release-of-vehicle form (to be presented to the towing company for the release of the vehicle as set forth in § 227-34) to the registered owner or to a person legally entitled to its possession upon:
A. 
The payment in full of all fines and costs, under protest. The monies will be held in escrow pending the outcome of the hearing.
B. 
A showing of proof of ownership or proof of the right to possession of the vehicle.
The registered owner of a towed vehicle shall be responsible for payment in full of all removal and storage costs, absent a decision by an Alderman that no probable cause existed for towing.
Subsequent to a decision by the Alderman that probable cause existed for the towing, or in the absence of a request for a hearing by the owner of the vehicle, following proper notice, a towed vehicle shall be released as follows:
A. 
The owner shall pay to the Town of Bethany Beach the total of all unpaid parking citations issued to said vehicle. Upon payment of these fines, the Town shall issue a receipt for payment and a release-of-vehicle form. The owner shall then present the release-of-vehicle form to the appropriate towing company. The towing company shall release said vehicle upon receipt of the release-of-vehicle form, payment of the costs of the towing and storage of the vehicle, and in accordance with its own practices and procedures.
B. 
Proof of ownership or proof of the right to possession of the vehicle must be submitted, prior to the issuance of a release-of-vehicle form.
Subsequent to a decision by the Alderman that no probable cause existed for towing, the Bethany Beach Police Department shall release the vehicle to the registered owner or to a person legally entitled to its possession upon a showing of proof of ownership or proof of the right to possession of the vehicle. The Town of Bethany Beach shall be responsible for payment in full of all removal and storage costs. Any bond posted shall be refunded in full.
A. 
The Town shall give written notice as provided for in Subsection B hereinafter if:
(1) 
Within 72 hours following a decision by the Alderman that probable cause existed for towing, the vehicle is not reclaimed and all removal and storage costs are not paid; or
(2) 
Within 72 hours following receipt of the notice provided for in § 227-27, a hearing is not requested and the vehicle is not reclaimed and all removal and storage costs are not paid.
B. 
Notice under this section, by certified mail, return receipt requested, shall be directed to the registered owner of the vehicle, if known, and shall advise that the vehicle is subject to all the provisions of the Delaware "garageman's lien" statute and that, under the terms thereof, it is subject to being sold at public sale unless reclaimed and that the person who is entitled to possession of the vehicle may reclaim it upon payment of all charges incurred in the removal and storage of the vehicle. Notice shall also state the following:
(1) 
The year, make, model and serial number of the vehicle.
(2) 
The name and address of the last-known registered owner of the vehicle, if available.
(3) 
The vehicle registration number and the title registration number of the vehicle, if available.
(4) 
The date on which the vehicle was removed.
(5) 
The location from which the vehicle was removed.
(6) 
The location at which the vehicle is being stored.
(7) 
The costs to be incurred for removal and storage.
C. 
The Bethany Beach Police Department shall also contact the Delaware Division of Motor Vehicles and such other agencies and departments of government in this and other states as are reasonably necessary to ascertain the names and addresses of other persons with record interest in the vehicle, including lien holders. Such other persons shall be given notice in the same manner as stated in Subsection B.
D. 
If unable to identify properly the last registered owner of any vehicle or if unable to obtain with reasonable certainty the names and addresses of the owner or other interested parties, including lien holders, it shall be sufficient notice under this section to publish the notice described in Subsection B once in the newspaper of general circulation in the Town of Bethany Beach. Such notice by publication may contain multiple listings of vehicles.
Any person who tows, removes, stores or keeps a vehicle at the direction of the Bethany Beach Police Department acting under the provisions of this article shall, from the time of taking possession thereof, be entitled to all rights, remedies and authority as provided under the Delaware "garageman's lien" statute, 25 Del. C., Chapter 39, as it may be amended from time to time hereafter, or any future corresponding provision of law; provided, however, that no attempt shall be made to satisfy the garageman's lien until the provision of § 227-36 of this article are complied with by the Town. In exercising such rights, remedies and authority, such persons shall be governed, in all respects, by the terms of that statute.