This chapter's purpose is to establish a fee and a charge, payable to the city of Crescent City, in an amount equal to the city's administrative costs and expenses for:
A. 
Removing, impounding, storing, or releasing a lawfully impounded vehicle; and
B. 
Processing an appeal and conducting a hearing after a vehicle is impounded.
(Ord. 759 § 4, 12-6-2010)
The city council finds, determines and declares that:
A. 
California's Vehicle Code authorizes the police department and other duly authorized persons to remove motor vehicles from the city's streets and hold, or "impound," the vehicles for certain violations of the law, such as: unpaid parking tickets, expired registration, illegal parking, driving under the influence or without a license, speed contests, or reckless driving. The Vehicle Code also permits the police department to impound vehicles for preserving evidence, investigating a crime and other lawful reasons. The city's police department regularly impounds vehicles in violation of those laws.
B. 
To provide the public with dependable, expeditious towing, storage and roadside assistance for motor vehicle collisions, inoperative vehicles, stolen and recovered vehicles or illegally parked vehicles, the city's police department operates a towing program. One or more private-sector companies not only tow and store vehicles for the public, but also remove and garage impounded vehicles on the city's behalf. At the police department's request, the private companies under contract with the city tow these vehicles and keep them safe until the owner or the owner's agent requests the impounded vehicle's release.
C. 
Vehicle Code Section 22850.5(a) authorizes the city to adopt an ordinance for imposing a vehicle impound release fee equal to the city's administrative expense related to removing, impounding, storing or releasing vehicles. Additionally, Vehicle Code Section 22850.5(b)(4) allows the city to impose a charge, as part of its administrative costs, for providing a hearing or an appeal on the impounded vehicle's removal, impoundment, storage or release, if the registered owner, the legal owner or either one's agent requests in a hearing in writing.
D. 
In using private contractors to provide vehicle towing, storage, and roadside assistance to the public, the police department incurs substantial labor costs and administrative expenses when it impounds a vehicle and later releases it to the owner, including, but not limited to:
1. 
Documenting the impound;
2. 
Contacting the court or prosecutor and confirming the vehicle is no longer needed as evidence;
3. 
Verifying that department of motor vehicle registration fees have been paid;
4. 
Releasing the impound hold on the vehicle; and
5. 
Conducting a post-impound hearing or processing a post-impound appeal.
E. 
When the police department lawfully impounds a vehicle for a violation of the law, the vehicle's owner, rather than the public at large, should reimburse the city for its costs to impound the vehicle. Therefore, creating a vehicle impound release fee and requiring the vehicle's owner to pay the fee are appropriate means for not only recovering the city's administrative costs and expenses, but also ensuring that the general public does not shoulder the burden of paying them.
F. 
When the vehicle's owner requests a hearing or appeal concerning the impounded vehicle's removal, impoundment, storage or release, that person, rather than the public at large, should reimburse the city for its costs to conduct the hearing and process the appeal. Therefore, creating a post-impound hearing charge and requiring the vehicle's owner to pay the charge are appropriate means for not only recovering the city's administrative costs and expenses, but also ensuring that the general public does not shoulder the burden of paying them.
(Ord. 759 § 4, 12-6-2010)
For purposes of this chapter, the following words and phrases have the meanings ascribed to them unless the context requires otherwise:
"Legal owner"
has the same meaning as that term is defined in California Vehicle Code Section 370, or any successor law. The term includes the legal owner's agent.
"Official police tow services provider"
means a person who:
1. 
Has a written contract with the city or the city police department; and
2. 
Furnishes towing services such as: roadside assistance, towing, storage or a related operation for a damaged, inoperative, abandoned, stolen, recovered, impounded or illegally parked vehicle; and
3. 
Is authorized by contract to collect from the registered or legal owner any one or more of the charges that are listed in the contract's schedule of rates and charges for providing towing service.
"Person"
means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability company or other legal entity, however organized.
"Registered owner"
has the same meaning as that term is defined in California Vehicle Code Section 505, or any successor law. The term includes the registered owner's agent.
"Vehicle"
has the same meaning as that term is defined in California Vehicle Code Section 670, or any successor law.
(Ord. 759 § 4, 12-6-2010)
A. 
The city establishes a vehicle impound release fee of one hundred fifty dollars, payable when a registered or legal owner seeks the release of a vehicle that the city's police department impounded under state or local law.
B. 
A registered or legal owner who redeems an impounded vehicle or requests its release must pay to the police department the vehicle impound release prior to the vehicle's release.
C. 
A registered or legal owner who redeems an impounded vehicle or requests its release and who voluntarily requests a post-storage hearing in writing must pay to the police department the vehicle impound release fee.
(Ord. 759 § 4, 12-6-2010)
A. 
All towed vehicles will require a tow release. All vehicles towed require the administrative impound release fee to be paid prior to the vehicle being released. This administrative fee is separate and apart from any charges imposed by the tow company.
B. 
Standard vehicle release requirements:
1. 
Valid (current) registration from the department of motor vehicles or a one day moving permit;
2. 
Legal or registered owner must be present with photo identification;
3. 
Proof of insurance on the vehicle being released;
4. 
Driver with valid driver's license; and
5. 
Payment of the impound release fee.
(Ord. 759 § 4, 12-6-2010)
The city establishes a post-impound hearing charge of one hundred fifty dollars, payable when a registered or legal owner submits to the city's police department a written request for a hearing or an appeal related to the impounded vehicle's removal, impoundment, storage, or release.
(Ord. 759 § 4, 12-6-2010)
A. 
The vehicle impound release fee under Section 10.60.040, and the post-impound-hearing charge under Section 10.60.060, are in addition to any one or more of:
1. 
The charges, fees, or fines that a registered or legal owner may owe the city under a California Vehicle Code provision or this code or both;
2. 
The charges that a registered or legal owner may own an official police tow services provider under the schedule or rates and charges contained in the provider's contract.
B. 
When a person fails, neglects or refuses to pay the vehicle impound release fee under Section 10.60.040 for an impounded vehicle that qualifies for release or when a person otherwise pays that fee but later cancels or stops payment on it, and in either situation that fee's payment is lawfully due and owing, the unpaid amount constitutes a debt owed to the city by that person, from whom the city may recover in a civil action.
C. 
When a person who seeks a post-impound hearing fails, neglects or refuses to pay the postimpound hearing charge under Section 10.60.060 or when a person otherwise pays that fee but later cancels or stops payment on it, and in either situation that fee's payment is lawfully due and owing, the unpaid amount constitutes a debt owed to the city by that person, from whom the city may recover in a civil action.
(Ord. 759 § 4, 12-6-2010)
The police department will not collect from a registered or legal owner the vehicle impound release fee under Section 10.60.040 or the post-impound hearing charge under Section 10.60.060, or both, under any of the following circumstances:
A. 
When the vehicle was:
1. 
Reported stolen and recovered; or
2. 
Impounded in error; or
3. 
Lien sold under Civil Code Sections 3068.1 to 3074 and Vehicle Code Section 22851 or any successor law, and the lien sale proceeds were insufficient to pay the tow provider's total charges and administrative costs; or
B. 
When a court orders the waiver of the vehicle impound release fee or the post-impound hearing charge, or both.
C. 
When state law or this code exempts or excludes a registered owner or a legal owner from paying the vehicle impound release fee or the post-impound hearing charge, or both.
(Ord. 759 § 4, 12-6-2010)
The police department will refund the impound release fee and the post-impound hearing charge to a registered or legal owner who paid the fee and charge, if the result of the post-impound hearing or appeal is that:
A. 
A reasonable ground for removing, impounding, or storing the vehicle did not exist; or
B. 
The facts disclosed at the hearing or in the appeal warrant the refund, in the opinion of the person conducting the hearing.
(Ord. 759 § 4, 12-6-2010)
A. 
The city council may, by resolution, modify the amount of:
1. 
The vehicle impound release fee established under Section 10.60.040, basing the fee on the actual and reasonable costs to the city, including administration and overhead, for impounding vehicles; and
2. 
The post-impound hearing charge established under Section 10.60.60, basing the fee on the actual and reasonable costs to the city, including administration and overhead, for providing post-impound hearings and appeals.
B. 
The chief of police, with the approval of the city manager, may request that the city council modify either the vehicle impound release fee or the post-impound hearing charge, or both, in order to:
1. 
Reflect cost-of-living changes and to ensure that changing economic conditions do not impair the real value of the vehicle impound release fee and post-impound hearing charge; or
2. 
Account for a change in the cost of impounding and releasing vehicles or conducting postimpound hearings and appeals, or both.
C. 
The chief of police will prepare, adopt, amend and enforce rules, regulations or procedures for:
1. 
Releasing properly impounded vehicles;
2. 
Conducting post-impound hearings and appeals (per VC 22852);
3. 
Collecting, administering, and refunding the vehicle impound release fee and the post-impound hearing charge.
D. 
The police department will maintain a copy of this ordinance and all subsequent resolutions establishing the vehicle impound release fee and post-impound hearing charge at the police department and available for public inspection.
(Ord. 759 § 4, 12-6-2010)