[Added 4-5-2011 by Ord. No. 9002]
A.
Members of the Police Department are hereby authorized to remove
a vehicle from any street, highway, private property or public property
to a storage facility as provided for in this code under the following
circumstances:
(1)
When any vehicle is left unattended upon any public right-of-way
and is so parked as to constitute a hazard or obstruction to the normal
movement of traffic or parked where parking is prohibited;
(2)
When a derelict vehicle has been parked upon public right-of-way,
easement or City-owned property for a period of 24 hours;
(3)
When a vehicle has been parked on private property without the consent of the owner or occupant of the property in violation of § 275-142 of this Code;
(4)
When any vehicle is left abandoned upon public right-of-way in excess
of 24 hours from the date it was first reported or observed by officers;
(5)
When officers recover a vehicle reported stolen and the owner cannot
be located, is unable or unwilling to effect the removal of the vehicle
within a reasonable amount of time, not to exceed one hour, or the
preservation and collection of evidence requires removal;
(6)
Where the vehicle has any evidentiary value, has directly or indirectly
been involved in the commission of a crime, has been used to transport
any person who has committed any offense involving the use of a firearm,
or was directly or indirectly associated with a drive-by shooting;
(7)
When a police officer effects the arrest of the owner or operator
of a vehicle out of said vehicle, and no person immediately present
can lawfully or reasonably be given custody of such vehicle;
(8)
When the vehicle bears a license plate which has expired for a period
in excess of 90 days, bears a license plate which has been altered
or tampered with or bears a temporary paper tag which has been expired
for a period in excess of 30 days, or bears a license plate which
would be in conformance with the Oklahoma Vehicle License Act (47
O.S. § 1101 et seq.,); or
(9)
From any place, including place of residence, when a police officer effects the arrest of the operator of the vehicle, out of said vehicle, and the operator is found to have operated the vehicle under any of the following violations: driving under the influence of drugs or alcohol, driving while impaired, in actual physical control of a motor vehicle under the influence of alcohol or drugs, driving under a suspended, revoked or denied license, driving with no state driver's license, eluding a police officer, possession of any illegal narcotic, marijuana, or drug paraphernalia, duty to give information and render aid, or otherwise involved in a hit-and-run accident, or where applicable under Subsection B of this section.
B.
Members of the Police Department shall remove a vehicle from any
street, highway, private property or public property to a storage
facility as provided for in this code when the person operating said
vehicle fails to produce valid security verification in addition to
committing any one of the following violations: reckless driving under
the influence of drugs or alcohol, driving while impaired, driving
under a suspended or revoked license, driving with an invalid driver's
license, driving with no state driver's license, driving with an expired,
improper or no tag displayed, duty to give information and render
aid or otherwise involved in a hit-and-run accident, or eluding a
police officer where it involves the use of the subject vehicle.
A.
Any vehicle
seized or impounded by the City of El Reno may, at the direction of
the Police Department, be transported to such place as the City may
designate. The owner of said vehicle shall be responsible to the City
or the City's designee for the following costs prior to the City or
the City's designee releasing said vehicle. (The City Manager, or
his designee, may, to meet the best ends of justice or expedite ongoing
investigations, relieve the owner of part or all the cost owed the
City or the City's designee.)
(1)
The actual cost to have said vehicle transported to the place of
storage, including the actual towing expenses.
(2)
A storage charge as allowed by law charged by the City's designee.
For purposes of this section, the day of receipt shall constitute
the first day and the day of release shall constitute the last day.
(3)
All fees incurred by the City or the City's designee, including lien
filing fees, to either return the vehicle to the owner or sell the
vehicle pursuant to statutory authority.
B.
Prior to releasing said vehicle, the owner shall obtain authorization to release from the El Reno Police Department, and pay to the City's designee all costs listed above. If said vehicle is impounded pursuant to any lawful authority, then those provisions shall apply in addition to the requirements of this section. If said vehicle is impounded pursuant to the provisions of § 343-74A(9) herein, then the owner of said vehicle, or anyone authorized by the owner of the vehicle, shall show proof of ownership, valid insurance, and valid driver's license before the Police Department will authorize release of the vehicle. If said owner fails to claim said vehicle within the time prescribed by law, then the City Manager, or the City's designee, is directed to institute proceedings to have the vehicle sold under the applicable statutes of the State of Oklahoma.
A.
Any vehicle impounded under the authority granted herein shall be stored and held safely until a written order for its release, signed by an authorized officer of the City, has been issued. For vehicles impounded under § 343-74A(9) herein, such order of release shall be conditioned upon the payment of an impound fee in the amount of $100 by the person to whom the release is issued. This impound fee shall be independent of any fines, costs or fees which may be assessed from citations issued to any person for violation of traffic laws or other ordinance violations involving the impounded vehicle and in addition to any fees owed to the towing service for the impoundment and storage. The Police Chief is hereby authorized to adopt rules and regulations consistent with this chapter to implement this section.
B.
There is hereby created within the police fund a special account
into which all impound fees shall be deposited from which expenditures
may be used for the purpose of purchasing law enforcement function
related equipment, training, and overtime for traffic-related activities.
Presentation of the order of release as provided herein at the
place of impoundment, together with payment or tender of payment of
all impoundment costs and accrued storage charges due, shall entitle
the person presenting such release to obtain possession of such vehicle.
[Added 6-11-2019 by Ord.
No. 9198]
A.
WRECKER
WRECKER SERVICE
For purposes of this section, the following definitions apply:
Any vehicle, other than a transporter, as defined in 47 O.S.
§ 1-181, equipped with a winch, cable or other device designed
to lift, pull or move a disabled vehicle incapable of self-propulsion.
"Wrecker" does not include a vehicle with a push bumper only.
The business of offering the service of a wrecker to tow
or otherwise remove a vehicle from the place where it was disabled
or impounded to a safe protected storage area in response to official
calls from the City.
B.
Those persons providing wrecker services that maintain an office
and storage facility within the limits of the City of El Reno may
submit a request to the El Reno Police Department to have their name
included on a list of available wrecker service providers.
C.
By requesting that their name be included on such rotation list,
a wrecker service provider certifies and agrees as follows:
(1)
The wrecker service provider shall maintain a current wrecker license
issued by the Oklahoma Department of Public Safety and all licensing
requirements in current status;
(2)
The wrecker service provider shall maintain an office and a storage
facility located in the limits of the City of El Reno that is located
within areas properly zoned for such office and storage;
(4)
The wrecker service provider shall maintain a safe and secure storage
facility to protect stored vehicles;
(5)
The wrecker service provider shall provide service 24 hours per day,
each and every day, and every call for a wrecker shall be answered
promptly;
(6)
The wrecker service provider shall not accept a dispatch call from
the El Reno Police Department unless a wrecker and driver are immediately
available for dispatch at the time such call is received and the wrecker
is adequate to tow or service the subject vehicle;
(7)
The wrecker service provider shall arrive on scene within a reasonable
amount of time, with 20 minutes from the time the call for service
is received being considered reasonable under normal weather and traffic
conditions;
(8)
The wrecker service provider dispatched to the scene of an accident
shall be responsible for clearing from the street all debris existing
as a result of such accident, including any ordinary vehicle fluids
found at the scene of collisions, with absorbing material used to
absorb vehicle fluids as allowed by law;
(9)
When a vehicle is towed at the request of a property owner, legal
possessor or authorized agent of real property, an inventory of the
contents in each towed vehicle shall be prepared by the wrecker driver
before the vehicle is removed, and such inventory shall be verified
by the property owner, legal possessor or authorized agent of the
real property and the wrecker driver by signature. Any erasures on
such inventory shall be initialed by all involved parties (47 O.S.
§ 954A). For those vehicles being impounded by the El Reno
Police Department, an inventory shall be conducted pursuant to the
policies of the El Reno Police Department;
(10)
The wrecker service provider shall keep records in which he
will log each police call received, the time such call was received,
the time the wrecker reached the scene, and the time the wrecker returned.
Such records shall be kept on a daily basis and shall be open to inspection
by the Police Department on request;
(11)
The wrecker service provider shall clearly mark its wreckers
with the name of the wrecker service on each side of the vehicle in
letters not less than two inches in height and 1/2 inch in width.
The color of such letter shall contrast with the body color of the
vehicle so as to be easily readable;
(12)
The wrecker service provider agrees that the City will not be liable for payment of any fees for impounded or towed vehicles, and that vehicles impounded or towed at the request of the City will be released at no cost, or at an adjusted cost, as determined pursuant to the provisions of Article IX of Chapter 343, Impoundment of Vehicles, of the El Reno Code of Ordinances;
(13)
The wrecker service provider shall notify the El Reno Chief
of Police within 10 days if:
(a)
It no longer maintains a current wrecker license or meets the
licensing requirements;
(b)
It changes business name or changes ownership;
(c)
It moves its physical business location;
(d)
It changes its telephone number,
(e)
It obtains additional wreckers; or
(f)
There is any change in its compliance or ability to comply with
the terms of this section.
D.
The wrecker service providers shall be listed in order based on the
date placed on the rotation list. In the event two or more are listed
the same date, they shall be listed alphabetically. In the event a
wrecker service provider is needed by the El Reno Police Department,
the El Reno Police Chief, or his designee, will call the wrecker service
provider next on rotation. The wrecker service provider shall advise
the El Reno Police Chief, or his designee, if it is unable to provide
immediate service or does not have a wrecker adequate to tow or service
the subject vehicle, in which event the El Reno Police Chief, or his
designee, shall call the next wrecker service provider in rotation.
The rotation will be on a per-vehicle basis, with a wrecker service
provider being called for each vehicle needing service. No wrecker
service provider shall proceed to the scene of an accident until and
unless it has been directed to do so by the El Reno Police Chief,
or his designee, or the owner of an involved vehicle.
E.
The rotation system shall not apply in instances where the vehicle
owner or driver designate the wrecker service provider to be called
for towing.
F.
The El Reno Chief of Police, or his designee, may select a wrecker
service provider that is not the next wrecker service provider on
the rotation list, or a wrecker service provider not on the rotation
list, when necessary to respond to exigent or emergency circumstances
and provide for the public safety and the efficient flow of traffic,
including, by way of example only and not of limitation, when there
are an insufficient number of wreckers and/or drivers available from
wrecker service providers on the rotation list to address the needs
of the exigent circumstances.
G.
The wrecker service rotation system shall not apply to instances
in which a truck wrecker is needed to service, tow or impound a truck,
truck-tractor, road tractor, trailer, semitrailer, bus and/or other
vehicle or conveyance. In such instances, the El Reno Chief of Police,
or his designee, shall call a provider having a Class AA-TL truck
wrecker. For purposes of this provision, "truck wrecker" means every
motor vehicle properly designed and equipped according to Department
of Public Safety specifications with wrecker body and winch or lifting
apparatus suitably designed to safely move, pull or tow wrecked, damaged
or disabled trucks, truck-tractors, road tractors, trailers, semitrailers,
buses and/or other vehicles and conveyances that use the highways
of the State of Oklahoma, and shall be used for Class AA-TL wrecker
vehicles having operators meeting the qualifications for Class AA
truck wrecker services.
H.
A wrecker service provider shall not be removed from rotation without
notification to the wrecker service provider stating the reason for
removal from the rotation list. All notifications for removal from
the rotation log shall be mailed to the wrecker service provider at
least 10 days before removal from the rotation list and shall state
the procedure and requirements for reinstatement.
