Chapter 10.76


10.76.010    Purpose and intent.

10.76.020    Definitions.

10.76.030    Establishment of fund.

10.76.040    Expenditure of moneys.

10.76.050    Accumulation of moneys in the fund.

10.76.060    Establishment of administrative fee.

10.76.070    Reimbursement for tow on vehicles.

10.76.010 Purpose and intent.

It is the intent of this chapter and any subsequent amendments thereto to prescribe the operation of a traffic offender fund by the City of Lake Elsinore (“City”) and Lake Elsinore Police Department (“Police Department”). [Ord. 1080 § 1, 2002].

10.76.020 Definitions.

For purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given in this section:

“Chief” means the Chief of Police of the Police Department of the City of Lake Elsinore.

“City Manager” means the City Manager of the City of Lake Elsinore.

“Police Department” means the Police Department of the City of Lake Elsinore.

“TOF” means the traffic offender fund. [Ord. 1080 § 1, 2002].

10.76.030 Establishment of fund.

There is hereby established a special fund for the purposes of receiving and expending administrative fees collected pursuant to this chapter. This special fund shall be known and designated as the traffic offender fund. [Ord. 1080 § 1, 2002].

10.76.040 Expenditure of moneys.

The appropriation of all moneys in the traffic offender fund shall be made exclusively for the purposes of traffic safety programs within the City and shall be administered by the Police Department. The traffic offender program shall include the enforcement of, education for, and prosecution of a suspended or revoked driving privilege, unlicensed driver, and persons driving under the influence of alcohol and/or drugs. Expenditures shall include, but not be limited to, purchase of equipment, contractual services, material and supplies, or any other expenditure related to traffic safety and the enforcement of traffic laws within the City by the Police Department. [Ord. 1080 § 1, 2002].

10.76.050 Accumulation of moneys in the fund.

The balance remaining in the traffic offender fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose and shall be carried forward and accumulated in the fund for the purposes set forth herein. [Ord. 1080 § 1, 2002].

10.76.060 Establishment of administrative fee.

A. A fee to reimburse the City for costs incurred in the administration of procedures for removing vehicles shall be charged by the Lake Elsinore Police Department to the owner of a vehicle removed pursuant to Sections 14602.6, 22651(h), (o), or (p), or 22655.5 of the California Vehicle Code. These charges shall be in accordance with and by the authority of Section 22850.5 of the California Vehicle Code.

B. The Chief shall propose the fee authorized by this chapter and such fee shall be known as the TOF fee. The TOF fees shall not go into effect until approved by resolution by the City Council. The TOF fee shall not exceed an amount that covers the actual administrative costs incurred by the City relating to the removal, impoundment, storage, and release of the vehicle.

C. The Chief, with the approval of the City Council, is hereby authorized to adopt such rules, regulations, and procedures as are necessary for the release of properly impounded vehicles and for the Police Department to impose, collect, and administer the TOF fee by this section. [Ord. 1080 § 1, 2002].

10.76.070 Reimbursement for tow on vehicles.

The Police Department may waive the TOF fee due to extenuating circumstances. It is not the intention of the City nor the Police Department to penalize victims. Circumstances under which the administrative fee may be waived include:

1. Because the vehicle was towed and stored without authorization by any of the several provisions of the California Vehicle Code;

2. Because a vehicle was towed or stored as a recovered stolen vehicle and the legal or registered owner lives within the boundary of the City. [Ord. 1080 § 1, 2002].