Chapter 11.06
VEHICLE IMPOUNDMENT
Sections:
11.06.020 Safe and secure area or facility--Vehicle storage.
11.06.030 Safe and secure area or facility--Vehicle contents inventory.
11.06.040 Order to release impounded vehicle.
11.06.050 Sale at public auction.
11.06.070 Records kept--Disposal.
11.06.010 Impoundment.
A person authorized by contract, or other official order, may remove an abandoned, wrecked, dismantled or inoperative vehicle; or one involved in a collision or a police investigation; or any motor vehicle located or standing upon any public property, street or alley right-of-way in violation of the provisions of this code; or any vehicle found to be mechanically unsafe to operate upon any street or alley; or whenever the driver of any vehicle is found to be incapacitated or is taken into custody by an officer for an offense involving either driving under the influence of intoxicating liquor or drugs, reckless driving, negligent driving or any felony; or if any vehicle is located on private property for over twenty-four hours without the consent of the owner or lessee by towing it to an approved impound area or facility. (Ord. 85-5 §1(part), 1985).
11.06.020 Safe and secure area or facility--Vehicle storage.
All vehicles impounded by official order of the borough shall be stored in a safe and secure area or facility. (Ord. 85-5 §1(part), 1985).
11.06.030 Safe and secure area or facility--Vehicle contents inventory.
A. Upon impoundment and storage of a vehicle, a police officer or other authorized person shall make, or cause to be made, an inventory of the contents of the vehicle and an estimate of the value of those contents. The inventory shall be included in or attached to a written report which shall describe the vehicle, the date, time and place of impoundment of the vehicle. At the time of release of the vehicle, the person to whom the vehicle is to be released shall review the inventory to confirm the vehicle contents and shall sign a statement acknowledging the accuracy of the inventory and the receipt of the vehicle contents.
B. If, at the time the inventory is conducted, property is discovered which could be readily removed from the vehicle and which has an estimated value in excess of one hundred dollars, or which is, or could be, dangerous or hazardous if left in the vehicle or unlawfully removed, the impounding officer may, at the officer’s discretion, cause that property to be stored in the police evidence locker or other suitable location pending its release to the owner. (Ord. 85-5 §1(part), 1985).
11.06.040 Order to release impounded vehicle.
A person authorized by contract, or other official order, may release any vehicle impounded pursuant to the provisions of this chapter. Such release shall only be made to a person who presents a valid order to release signed by the chief of police. (Ord. 85-5 §1(part), 1985).
11.06.050 Sale at public auction.
A person authorized by contract, or other official order, may arrange the sale at public auction of any vehicle which has remained in impound for such period of time, under such circumstances, and after such notice as is required to authorize such sale pursuant to state law; provided however, that no such auction will be conducted without written approval from the chief of police specifying the vehicle or vehicles to be sold. (Ord. 85-5 §1 (part), 1985).
11.06.060 Fees and expenses.
The borough, or its authorized agent, shall collect directly from the vehicle owner or his agent, any towing, impound, storage and/or disposal fees or expenses associated with vehicles towed or impounded. Under the authority of AS 28.10.502, a person authorized by contract, or other official order, to tow, transport or store a vehicle has a possessory lien on the vehicle. The lien remains in effect while the vehicle is in the possession of the person and the vehicle may be sold to pay the charges for towing, transportation or storage. (Ord. 85-5 §1(part), 1985).
11.06.070 Records kept--Disposal.
A. A person authorized by contract, or other official order, to tow and/or store vehicles shall maintain and make available to the borough such records as they may require, including, but not by way of limitation, written records reflecting the time, place and circumstances associated with the impoundment of each such vehicle, an inventory of its contents at the time of impoundment, and details concerning its release or sale at public auction.
B. All records maintained pursuant to this section shall be retained for at least two years and made available to the borough upon request. In no event shall any records maintained pursuant to this section be destroyed without prior written consent of the borough. (Ord. 85-5 §1(part), 1985).