As used in this Chapter, the following words or phrases shall
mean:
means any person authorized by the Police Chief or the Police
Chief's designee to enforce the provisions of this Chapter, which
may include a City employee, Parking Control Officer, Police Officer
and/or the employee of a company with which the City has contracted
with for the enforcement of the provisions of this Chapter.
means funds deposited by a defendant to secure the defendant's
appearance in court for a traffic or parking offense.
means a device designed to be installed or attached to a
vehicle for the purpose of immobilizing said vehicle.
means installing or attaching a boot to a motor vehicle.
means a sum imposed as punishment for a traffic or parking
offense; a forfeiture or penalty paid.
(Ord. 2954 § 1 (part),
1996; Ord. No. 3313, § 1, 7-13-2009)
The purpose of this Chapter is to authorize fines as set by the Municipal Judge and to establish additional remedies for the violation of any provision of Chapters 8.02 and 8.06 of this Code. Fines for such violations shall be as set by the Municipal Judge and additional remedies shall be as set forth by this Chapter.
(Ord. 2954 § 1 (part),
1996; Ord. No. 3556, § 9, 5-24-2021)
A.
1.
Bail
is outstanding if it is not posted within the time specified on the
citation and remains outstanding until entry of judgment in the judicial
proceedings based on the citation;
2.
A
fine is outstanding if unpaid and overdue and remains outstanding
until discharged by payment, judicial action, or confinement in jail.
B.
No operator
of a vehicle shall cause, and no owner of a vehicle shall allow, a
vehicle which has been involved in five or more parking violations
under the applicable Chapters of this Code, and for which there are
outstanding bail, fines, or both for which notice has been sent to
the vehicle owner that such outstanding bail or fines may result in
immobilization of the vehicle, to be on a public right-of-way, public
property or other property upon which the City enforces parking regulations
pursuant to a contract or agreement.
C.
Upon
finding an owner of a vehicle, which has been involved in five or
more parking violations under the applicable Chapters of this Code,
has outstanding bail, fines or both, the Finance Director shall direct
a notice to be sent to said vehicle owner. Such notice shall specify
that if the outstanding bail and/or fines are not paid within 10 days
of the date of the notice, the vehicle involved in such parking violations
shall be considered subject to booting upon being found parked upon
a City street or upon property owned or controlled by the City.
(Ord. 2954 § 1 (part),
1996; Ord. No. 3313, § 2, 7-13-2009; Ord. No. 3556, § 10, 5-24-2021)
A.
Upon finding the conditions identified in Subsections 8.08.020C and D exist, an Authorized Agent finding the subject vehicle so parked may:
1.
Immobilize
the vehicle for up to two business days by booting the vehicle;
2.
Conspicuously affix the written notice prescribed in the following subsection B to the vehicle; and
3.
Unless
release of the vehicle is arranged within two business days, or a
request for a hearing before the Municipal Court is filed, impound
the vehicle by causing the vehicle to be removed from the street or
other public property.
B.
The notice required by the above Subsection A(2) shall contain the following:
1.
The
name of the Authorized Agent ordering the temporary immobilization;
2.
A
description of the vehicle and its location;
3.
A
statement of the reason for the temporary immobilization and possible
impoundment of the vehicle, including a reference to the Section of
this Code that was violated;
4.
Where
to go and how to obtain release of the vehicle or how to file a request
for a hearing before Municipal Court;
5.
The
date and time when the City will have the vehicle towed and stored
at the owner's expense, resulting in the sale of the vehicle to satisfy
the towing and storage expenses, and any unpaid bail and fines, if
the owner fails to redeem the vehicle; and
6.
A
statement warning that removing, or attempting to remove the boot
device, or moving or attempting to remove the vehicle before it is
released as authorized by this Code, is an offense.
(Ord. 2954 § 1 (part),
1996; Ord. No. 3313, § 3, 7-13-2009)
Any person provided notice of potential vehicle impoundment under Section 8.08.030, or any other person who reasonably appears to have an interest in the vehicle may request a hearing before the Municipal Court to contest the validity of the impoundment of the vehicle. The request must be filed with the Municipal Court within 2 business days of the date the potential impoundment notice was affixed to the vehicle. Subsequent to receiving such request, the Municipal Judge shall conduct the hearing within 4 business days after the request is received.
A.
The
person requesting the hearing must present clear and convincing information
to the Municipal Judge or the Judge's designee, that the present owner
of the vehicle did not own the booted vehicle at the time the parking
citations were issued or that the bail and fines for such citations
were paid before the vehicle was temporarily immobilized.
B.
The
Municipal Judge may, for good cause, extend the time limit the boot
device is left attached to a vehicle before the vehicle is impounded
if the owner submits a written statement, assuming all risk of damage
to the vehicle while it remains booted. The extension of the time
limit shall not exceed an additional 24 hours, excluding weekends
and holidays.
(Ord. 2954 § 1 (part),
1996; Ord. 3196 § 1, 2005; Ord. No. 3313, § 5, 7-13-2009)
A.
No person
other than an Authorized Agent of the City may remove or attempt to
remove the boot device, or move or attempt to move the vehicle, before
it is released by the Police Department, Municipal Court Clerk or
Authorized Agent in accordance with this Section. If the boot device
has been removed, or the vehicle has been moved, in violation of this
Subsection, in addition to the issuance of a citation for the violation,
an Authorized Agent of the City may order impoundment of the vehicle.
B.
A vehicle
shall be released and the boot device removed when the owner or operator
of the vehicle:
1.
Posts
bail and pays all fines and bail for parking citations issued against
the vehicle, its operator or owner; or
2.
Obtains a favorable judgment for the Municipal Judge pursuant to the hearing conducted under Section 8.08.040 of this Chapter.
|
Editor's note(s)—Ord. No. 3313, § 4, adopted July 13, 2009, renumbered former § 8.08.040 as § 8.08.050, to read as herein set out. See also the Code Comparative Table and Disposition List.
|
(Ord. 2954 § 1 (part),
1996; Ord. No. 3313, § 4, 7-13-2009)
A.
Any vehicle impounded pursuant to Subsection 8.08.030A, may be sold as prescribed by ORS 819.100—819.260 et seq.
B.
The
City's interest in, and hold on, any vehicle impounded pursuant to
this Chapter shall be released any time prior to sale of the vehicle
if the owner, or other person having a financial interest in the vehicle,
posts any unpaid bail and pays all unpaid fines.
(Ord. 2954 § 1 (part),
1996; Ord. 3057 § 2 (part),
1999; Ord. No. 3313, § 6, 7-13-2009)
A.
Any
person who, at the request of an Authorized Agent tows and stores
a vehicle as authorized by this Chapter:
1.
Except
as otherwise provided in this Section, shall have a lien on the vehicle
and its contents in accordance with ORS 819.100—819.260 for
the just and reasonable charges for towing and storage services performed;
2.
May
retain possession of the vehicle and contents until such charges are
paid; and
3.
Shall
provide written notice, approved by the City, containing information
on the procedures necessary to obtain the release of the vehicle and
the hearing, as provided in this Chapter, to each person who seeks
to redeem the vehicle.
B.
A lien
described under this Section does not attach to the contents of any
vehicle until 15 days after the vehicle has been taken into custody.
C.
No person
towing or storing a vehicle as provided in this Chapter may release
the vehicle without first obtaining the written permission of the
Municipal Court, the Police Department or an Authorized Agent of the
City.
D.
Before
any net proceeds from the sale of the vehicle are paid as provided
in Subsection (2) of ORS 87.206, they shall be deposited with Municipal
Court to satisfy any unpaid bail and fines for parking offenses involving
said vehicle. Any amount remaining thereafter shall then be paid by
the City to Douglas County Treasurer. At the time the net proceeds
are deposited with the Municipal Court, the lien claimant shall also
deliver to Municipal Court the documents required by Subsection (2)
of ORS 87.206.
(Ord. 2954 § 1 (part),
1996; Ord. 3057 § 2 (part),
1999; Ord. No. 3313, § 7, 7-13-2009)
