Chapter 10.20
ABANDONED VEHICLES
Sections:
10.20.040 Abandoned vehicles reported stolen.
10.20.050 Reclaiming impounded vehicles.
10.20.060 Vehicles may be held in impound.
10.20.070 Sale, notice to owner and reclaiming of impounded vehicles.
10.20.080 Sale by public auction.
10.20.090 Collection of storage fees from state or federal agencies.
10.20.010 Definitions.
In this chapter, unless the context otherwise requires:
“Abandoned vehicle” means any vehicle, trailer or semi-trailer of a type subject to registration under Title 28 of Arizona Revised Statutes (Section 28-100 et seq.), which has been left within or upon public property, without being moved, for an extended period of time. Evidence that a vehicle was left unattended or unmoved for a period of 72 hours within or upon public property shall be prima facie evidence that the vehicle was abandoned.
“Junk vehicle” means a motor vehicle which is not in operable condition and lacks one or more vital mechanical parts; lacks a current vehicle license; which is partially dismantled; which is used for sale of parts or as a source of repair or replacement parts for other vehicles; or which is kept for scrapping, dismantling, or salvage of any kind, unless such vehicle is kept in an enclosed garage or storage building. A junk vehicle shall be considered to be an abandoned vehicle for the purpose of this chapter.
“Private property” means all property not defined as public property.
“Public property” means property in control of any government or its agencies, including that portion of the right-of-way between the traveled portion of a highway, road, street or public thoroughfare and the adjacent property line.
“Seized vehicle” means any motor vehicle which has been taken into custody of law enforcement pursuant to law.
“Street” means any public street, avenue, road, alley or highway located in the city limits and established for the use of vehicles.
“Unclaimed vehicle” means any impounded vehicle not claimed by, or for any reason not released to, the owner thereof within 15 days after notice is mailed to him or such notice is published as provided herein.
“Vital component parts” means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. (Ord. 08-10, 2008; Ord. 04-003, 2004; prior code § 18.1.1)
10.20.020 Abandoned vehicles.
A. No person shall abandon a vehicle within or upon public property. This subsection shall not apply to vehicles owned by the city which are parked or stored on public property.
B. The abandonment of any vehicle in a manner provided in this subsection shall constitute a presumption that the last registered owner of record is responsible for such abandonment and shall be subject to the provisions of this section, unless an affidavit has been filed pursuant to ARS Section 28-4844, reporting the vehicle as being stolen, or a stolen report has been accepted by a local law enforcement agency, or written notification of the transfer of title has been filed pursuant to ARS Section 28-2058.
C. The registered owner of the abandoned vehicle shall be responsible for the payment of any and all charges incurred in the removal and subsequent storage of the vehicle, unless it is shown that the registered owner was not the legal owner at the time of the offense. A violation of this subsection constitutes a civil traffic offense and is subject to applicable fees as provided for in Section 10.20.030(B).
D. The last registered owner of the vehicle shall be presumed to be responsible for the unlawful abandonment and this presumption shall apply in any adjudication of the issue which may occur.
E. The provisions of ARS Sections 28-4801 through 28-4843 shall apply in all respects to the removal, towing, storage and sale of abandoned vehicles impounded under this subsection.
F. Any police officer or other duly authorized agent who has reasonable grounds to believe that a vehicle has been abandoned in violation of this subsection may remove or cause the removal of such vehicle from any street, highway, road or other public property. The procedures in subsection G of this section shall be used prior to citation or removal pursuant to this subsection.
G. When an officer or other duly authorized agent has reason to believe that a vehicle has been abandoned in violation of subsection A of this section, a written notice shall be placed upon the vehicle in a conspicuous place. The notice shall state:
1. That if the vehicle is not moved from its location within three days from the date and time recorded by the officer or other duly authorized agent at the time of preparation of the notice, it will be in violation of this section.
2. That if the vehicle is not moved from its location within six days from the date and time recorded by the officer or other duly authorized agent at the time of preparation of the notice, it will be removed from its location and stored pursuant to this section.
H. Within 48 hours of the removal of an abandoned vehicle pursuant to this subsection, the police department shall send written notice of removal to the registered owner of the vehicle at the owner’s last known address. The notice shall be sent by certified mail, return receipt requested, and shall state the reason for the removal, the location of the vehicle and how it may be recovered. It shall also include a telephone number at the police department that can be called for additional information.
I. Nothing in this section requires the police department, its officers or other duly authorized agents to give written notice of towing, removal or storage of any vehicle other than as provided in this section. (Ord. 04-003, 2004; prior code § 18.1.2)
10.20.030 Impounded vehicles.
A. The registered owner of the unclaimed or seized abandoned vehicle shall be responsible for the payment of any and all charges incurred in the removal and subsequent storage of the vehicle, unless it is shown that the registered owner was not the legal owner at the time of the offense. A violation of this subsection constitutes a civil traffic offense and is subject to applicable fees as provided for in subsection B of this section. Said fees include charges for the towing, impound and storage of the vehicle, plus any additional fees required if the vehicle was impounded after a DUI arrest, even if the owner was not the intoxicated driver.
B. The town is hereby authorized to assess and collect the following fines and fees:
1. Any person who abandons a motor vehicle on any public property, or any person who permits a vehicle to constitute an attractive nuisance or a public nuisance, or any person who violates any provisions of this chapter shall be guilty of a petty misdemeanor and shall be punishable by a fine not to exceed $200.00. Every day that the offense occurs shall be deemed a separate violation of this chapter.
2. Impound administrative fee. This one-time fee is required on all impounded vehicles unless it was reported as stolen. Verification of the theft is required before this is waived.
3. A daily storage fee will be imposed on all impounded vehicles unless it was reported as stolen. Verification of the theft is required before this is waived.
4. “No insurance” administrative fee, if the registration or driver’s license has been suspended or revoked.
5. If the vehicle has not been registered, all state registration fees will also be required before the vehicle can be released.
6. The amount of the fees provided for in this chapter shall be set and amended by resolution of the council, not to exceed those amounts established by state law.
C. If a peace officer arrests or cites the operator of an on- or off-road vehicle for DUI, the officer may seize and impound the vehicle. To obtain a release, the vehicle owner must:
1. Present legal picture identification that proves them to be the legal registered owner.
2. Provide a copy of the vehicle impound report, which is provided by the arresting officer. To be released from impound, the vehicle must be properly registered. If the vehicle impound report shows the vehicle is not properly registered, the vehicle must be registered and all taxes and fees paid before release.
3. Pay a $150.00 DUI impound fee in addition to any other taxes or fees due. The DUI fee applies to off-highway vehicles as well. (Ord. 19-13 § 1, 2019; Ord. 08-10, 2008; Ord. 04-003, 2004; prior code § 18.1.3)
10.20.040 Abandoned vehicles reported stolen.
After recovery by a law enforcement agency, the legal owner of a stolen vehicle will be notified where his/her vehicle is being stored. The vehicle owner should follow the applicable procedures regarding proof of ownership, proper registration, etc.; however, no impound or penalty fee should be charged. If the registration has expired, the owner should acquire a temporary permit from the Arizona State Motor Vehicle Department. (Ord. 04-003, 2004; prior code § 18.1.4)
10.20.050 Reclaiming impounded vehicles.
A. The owner or any lien holder of an unclaimed or seized abandoned motor vehicle shall have the right to reclaim such vehicle from the town upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by Section 10.20.070(B). Impounded vehicles may only be released to:
1. The Registered Owner. Even if the owner provides the police department with the vehicle’s current registration, the owner’s identity still needs to be verified using picture ID, such as a driver’s license.
2. Person Representing Registered Owner. The owner’s representative must have a notarized statement signed by the owner authorizing release to the named representative.
3. Registered Lien Holder. The lien holder must provide a copy of the title that shows the lien and proves that the lien release section has not been signed.
4. Leasing Companies. The representative of the lease company must have a letter of verification indicating that he/she is an employee of that leasing company and is authorized to obtain the release for that vehicle.
5. Dealers. The dealer must show evidence of ownership (title, certified copy of title, etc.) along with proof that they represent the dealership. The dealer must also present the dealer plate number that they will be using to transport the vehicle from the impound lot to the dealership.
B. In order to reclaim a vehicle, the vehicle owner must comply with the following provisions:
1. The vehicle owner must appear at the Huachuca City police department and:
a. Present proper evidence of ownership (e.g., title, registration card, bill of sale);
b. Present picture ID;
c. Pay all fees and penalties due for titling or registration functions;
d. Pay the impound, towing and storage fees; and
e. Obtain a letter of impound release.
2. Contact impound lot of tow yard:
a. Present letter of impound release; and
b. Present ID to the impound or tow yard owner. (Ord. 08-10, 2008; Ord. 04-003, 2004; prior code § 18.1.5)
10.20.060 Vehicles may be held in impound.
Any police agency may request that a vehicle be held as evidence in a criminal case and further request that it not be released without the authorization of the police agency or jurisdiction. (Ord. 04-003, 2004; prior code § 18.1.6)
10.20.070 Sale, notice to owner and reclaiming of impounded vehicles.
A. Immediate Sale of Certain Vehicles. When a vehicle constituting an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts, and does not display a license plate currently valid in Arizona or in any other state or foreign country, it shall immediately be eligible for sale and shall not be subject to the notification or reclamation.
B. When a vehicle constituting an attractive nuisance or public nuisance does not fall within the provisions of subsection A of this section, the town clerk shall give notice of the taking within 10 days. The notice shall:
1. Set forth the date and place of taking, the year, make, model and serial number of the vehicle, if such information can reasonably be obtained, and the place where the vehicle is being held;
2. Inform the owner and any lien holders of their right to reclaim the vehicle under Section 10.20.050;
3. State that the failure of the owner or lien holders to exercise their right to reclaim the vehicle and contents within 15 days from the date of the notice shall be deemed a waiver by them of all right, title and interest in the vehicle and contents and a consent to the sale of the vehicle and contents at a public sale or auction pursuant to subsection D of this section and that the vehicle will be sold after the expiration of the 15-day period; and
4. The notice shall be sent by certified mail to the registered owner, if any, of the vehicle, and to all readily identifiable lien holders of record. The notice shall also be published once in a newspaper of general circulation as defined in ARS Section 39-201, published within the County of Cochise. Published notices may be grouped together for convenience and economy.
C. Nothing in this chapter shall be construed to impair any lien recorded pursuant to ARS Section 33-993, or the right of the lien holder to foreclose.
D. Any attractive nuisance or public nuisance vehicle taken into custody and not reclaimed under Section 10.20.050 shall be sold to the highest bidder at a public auction or sale, following reasonable published notice thereof. The purchaser shall be given a receipt which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership.
1. From the proceeds of the sale of any vehicle, the town shall receive the cost of towing, preserving and storing the vehicle. The town shall also reimburse itself for all notice and publication costs incurred pursuant to this chapter.
2. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days, after which if not claimed, shall then be deposited in the general fund of the town treasury.
E. Any vehicle not sold at public auction or sale in accordance with this section may be disposed of by the town, with approval of the town council. Any proceeds therefrom shall be applied as in subsection D of this section. (Ord. 04-003, 2004; prior code § 18.1.7)
10.20.080 Sale by public auction.
All impounded/confiscated vehicles of the town, including any apparatus that has a title, motorized or not, and any self-propelled vehicle having a serial number shall be sold by public auction unless other use or disposal is deemed more appropriate by the town council. Any use of such a vehicle other than sale by public auction requires approval by the town council. (Ord. 09-08, 2010; prior code § 3-9)
10.20.090 Collection of storage fees from state or federal agencies.
A. The town is hereby authorized to store vehicles seized by other state and/or federal agencies upon their request.
B. Storage of a vehicle constitutes acceptance of the established fee schedule. (Ord. 19-13 § 2, 2019; Ord. 08-10, 2008; Ord. 04-003, 2004; prior code § 18.1.8)