CHAPTER 2
ABANDONED, UNATTENDED VEHICLES

SECTION:

5-2-1:    Prohibited Acts And Conditions

5-2-2:    Authority To Remove Vehicles

5-2-3:    Impoundment Procedures

5-2-4:    Lien, Sale Of Vehicles

5-2-5:    Failure To Redeem Vehicle

5-2-6:    Impound Facilities

5-2-7:    Abandoned Vehicle Towing Charges

5-2-8:    Police Department Requested Tows And Impoundments

5-2-9:    Storage Fees For Impounded Vehicles

5-2-1 PROHIBITED ACTS AND CONDITIONS:

A.    Unattended Vehicles: It shall be unlawful for any person to park or leave any vehicle unattended upon any road, street or public place where such vehicle may constitute an obstruction to traffic or to leave or park any vehicle illegally or hazardously upon any street, road or public way within the city.

B.    Abandoned Vehicles: Whenever any vehicle shall be left unattended for more than twenty four (24) hours on any street, road or public place, any police officer may provide for the removal of such vehicle to the nearest available garage or place of safety, in accordance with Idaho Code sections 49-1804 and 49-1806. (Ord. 806, 10-7-2003)

5-2-2 AUTHORITY TO REMOVE VEHICLES:

A.    Whenever any police officer finds a vehicle standing upon a street, roadway or public place in violation of any of the provisions of Idaho Code or the ordinances of the city, such officer is hereby authorized to remove such vehicle or to require the driver or other person in charge of the vehicle to move the same to a position off the paved or main traveled part of such highway or to a place of safety.

B.    Whenever any police officers finds a vehicle unattended upon the street, road or public place where such vehicle constitutes an obstruction to traffic or is illegally parked or hazardously parked, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. (Ord. 468A, 8-9-1983)

5-2-3 IMPOUNDMENT PROCEDURES:

A.    The police department and any officer thereof shall have the authority to take into its or their custody, and to impound any stolen, abandoned, unidentified, wrecked or illegally or hazardously parked vehicle at and upon the public streets, roads and ways of the city.

B.    Upon removal of a vehicle from a road, street or public way of the city to the nearest available garage or other place of safety, the police department shall send a notice by certified mail to every owner and lien holder listed on the certificate of title on file with the department of law enforcement of the state of Idaho. If there is no certificate of title on file in the said department of law enforcement, then the notice shall be sent to the apparent owner as determined by the registration certificate or other identification found in the vehicle, but if no identification of the owner can be found in the vehicle, no notice need be given. The notice shall include:

1. The make, year, model and license plate number of the vehicle;

2. The approximate place where the vehicle was found;

3. The place to which the vehicle was removed; and

4. A statement that the vehicle can be sold for removal and storage charges if not claimed within thirty (30) days from the date of mailing of the notice. (Ord. 468A, 8-9-1983)

5-2-4 LIEN, SALE OF VEHICLES:

Any person who shall remove, store or keep any such vehicle at the request of the police department or any officer thereof shall have a lien on such vehicle for the reasonable value of such services. Such lien shall be superior and prior to any mortgage or title retaining contract on such vehicle, and if such charges are not paid within thirty (30) days after mailing of the notice required by subsection 5-2-3B of this chapter or after thirty (30) days from the date of removal if no notice is required under subsection 5-2-3B of this chapter, the person performing said services may proceed to sell said vehicle at public auction by giving ten (10) days’ public notice of the sale by advertising in a newspaper of general circulation in Ada County, which notice shall contain a description of the property to be sold, the time and place of sale and the terms and conditions of the sale. The proceeds of the sale must be applied to the discharge of the lien and costs and the remainder, if any, must be paid over to the owner of the vehicle. (Ord. 468A, 8-9-1983)

5-2-5 FAILURE TO REDEEM VEHICLE:

A.    If the abandoned vehicle is removed to the property of the city for safety and protection, and if the vehicle is not claimed within thirty (30) days after mailing of the notice required herein, the city may sell the vehicle at public auction after complying with said notice provisions and after complying with all of the provisions of section 55-403, Idaho Code.

B.    The city may make public use of the abandoned vehicle as provided by the provisions of title 4, chapter 9 of this code.

C.    In the event of a sale where the owner is identified, any proceeds of the sale, over and above the reasonable cost of removing, storing and protecting the vehicle, shall be paid over to the owner. In the event that the owner is unidentified, any excess over costs expended in removing, storing and protecting the vehicle, shall be paid to a special fund of the city for one year from the date of sale, to be distributed pursuant to the terms of section 55-404, Idaho Code. (Ord. 468A, 8-9-1983)

5-2-6 IMPOUND FACILITIES:

The city shall designate secured impound facilities for the temporary storage of impounded and abandoned vehicles towed by the city. The facility shall be available during normal working days and hours for owner retrieval of vehicles towed by the city. (Ord. 468A, 8-9-1983)

5-2-7 ABANDONED VEHICLE TOWING CHARGES:

The city shall assess a towing fee of seventy five dollars ($75.00) for each abandoned vehicle towed to the municipal impound facility. The towing fee shall be reviewed annually, and adjusted to reflect the actual average cost of transporting abandoned vehicles. (Ord. 806, 10-7-2003)

5-2-8 POLICE DEPARTMENT REQUESTED TOWS AND IMPOUNDMENTS:

When requested by the police department, city personnel will transport vehicles to the impound facility or the police department. The city shall assess a towing fee of seventy five dollars ($75.00) for each impounded vehicle towed. (Ord. 806, 10-7-2003)

5-2-9 STORAGE FEES FOR IMPOUNDED VEHICLES:

The city shall assess a storage fee of twenty dollars ($20.00) per day or any part of a day that the city is in possession of an abandoned or impounded vehicle. All towing and storage fees must be paid by the vehicle owner prior to release of stored vehicles. (Ord. 806, 10-7-2003)