[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. 
For purposes of this section, the following definitions apply:
WRECKER
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.
WRECKER SERVICE
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;
(3) 
The wrecker service provider shall comply with the terms of this section and with the provisions of the El Reno Code of Ordinances, including but not limited to Article IX, of Chapter 343; Impoundment of Vehicles;
(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.