Chapter 10.40
TOWING AND DISPOSITION OF VEHICLES
Sections:
10.40.040 Possession by person taken into custody – Impoundment when on public property.
10.40.050 Possession by person taken into custody – Impoundment when on private property.
10.40.060 Disturbance by alarm system – Impoundment.
10.40.080 Vehicles subject to immediate towing.
10.40.090 Towing of abandoned and disabled vehicles.
10.40.110 Parking vehicles on the right-of-way for vending purposes.
10.40.120 Moving a tagged vehicle.
10.40.130 Vehicles appraised at less than $1,000.
Prior legislation: Ord. 805; Code 2000 §§ 7.445 – 7.500.
10.40.010 Short title.
This chapter shall be known as “Ordinance No. 2015-02, an ordinance relating to the towing and disposition of vehicles.” [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.020 Purpose.
This chapter is enacted to provide authority and procedures for towing vehicles in addition to that authority granted by Oregon Statutes. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.030 Definitions.
The following definitions are applicable to this chapter:
“Abandoned vehicle” means a vehicle to which a law enforcement officer has reason to believe the owner of the vehicle has given up all right and interest in the vehicle with the intent of never again asserting any claim or right. Deputies will normally treat a vehicle as abandoned if it has been left or parked on any public road or right-of-way for more than 24 hours and one or more of the following conditions also exist:
(1) It is not registered to an address near the location where the vehicle is parked;
(2) The law enforcement officer has other reliable information that the vehicle was in fact abandoned by the owner (i.e., a neighbor tells the law enforcement officer that the vehicle was left by persons who moved from the neighborhood).
Deputies will also treat a vehicle as abandoned if the deputy responds to or discovers a vehicle collision or accident or police pursuit which results in the vehicle leaving the roadway and coming to rest upon private property adjacent to a public road or right-of-way, the vehicle has been left unattended on the property, and the law enforcement officer has a reasonable belief that the accident or collision occurred during the previous 72 hours.
“Disabled vehicle” means a vehicle which does not reasonably appear to be currently capable of being legally operated on a public road due to the condition of the vehicle or mechanical issues, including, but not limited to, missing major components such as an engine, transmission, windshield or wheels, flat tires, or other obvious damage or missing equipment which reasonably leads a law enforcement officer to believe the vehicle is inoperable.
“Hazard” means a vehicle standing in such a manner as to jeopardize public safety and the efficient movement of pedestrian or motor vehicle traffic including but not limited to those situations described in ORS 819.120.
“In the possession of a person taken into custody” means and includes operating, possessing or exerting control over a vehicle at or just prior to the time the person is taken into custody.
“Owner” means the person responsible for the abandonment of the vehicle and who is liable for the cost of removal and disposition of the abandoned vehicle. The owner for purposes of this chapter shall be presumed to be the person to whom the vehicle is registered according to the State Motor Vehicles Division records, unless other evidence leads a law enforcement officer to reasonably believe that another person is responsible.
“Recreational vehicle” means a vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes.
“Storage” means the holding of a vehicle, with the attendant fees for such holding, at any appropriate facility.
“Towing” means the taking possession of a vehicle and removing it to a storage facility at the request of law enforcement personnel.
“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon any street or highway, and includes any hulk or component thereof, including but not limited to campers, recreational vehicles, pickup truck canopies, utility trailers, boat trailers, and motor homes, except those devices:
(1) Moved exclusively by human power; or
(2) Used exclusively upon stationary rails or tracks. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.040 Possession by person taken into custody – Impoundment when on public property.
Any vehicle in the possession of a person taken into custody by a law enforcement officer shall be impounded and immediately towed from public right-of-way, public parks, or other public roads, property or premises if:
(A) No other licensed driver is immediately available to take possession of the vehicle and the law enforcement officer reasonably believes no other reasonable disposition of the vehicle is available;
(B) The law enforcement officer taking the person into custody reasonably believes that the vehicle constitutes a hazard;
(C) The law enforcement officer reasonably believes that the vehicle is stolen; or
(D) The law enforcement officer has probable cause to believe that the vehicle or its contents constitute evidence of an offense, and the law enforcement officer reasonably believes such towing is reasonably necessary to obtain or preserve such evidence. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.050 Possession by person taken into custody – Impoundment when on private property.
Any vehicle in the possession of a person taken into custody by a law enforcement officer shall be impounded and immediately towed from private property only when:
(A) The law enforcement officer reasonably believes that the vehicle is stolen;
(B) The law enforcement officer has probable cause to believe that the vehicle or its contents constitute evidence of an offense, and the law enforcement officer reasonably believes such towing is necessary to obtain or preserve such evidence;
(C) The vehicle is parked or stopped on private property of a person other than the driver as a result of being stopped by the police, and the person in charge of that private property does not consent to the vehicle being left on the property. For purposes of this section, if the owner or person in charge of the property is not present, the law enforcement officer shall presume that the owner or person in charge does not consent to the vehicle being left on the property and shall have it towed pursuant to this section. This section shall not apply if a legal driver is present to remove the vehicle with the vehicle owner’s permission or if the property owner is present and indicates a preference to have the vehicle towed at their discretion and expense. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.060 Disturbance by alarm system – Impoundment.
Any vehicle in which the vehicle alarm system disturbs, injures or endangers the peace, quiet, comfort, repose, health or safety of the public or any person, shall be subject to immediate towing if no other reasonable disposition of the vehicle can be made and the owner cannot be contacted by reasonable efforts. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.070 Prohibited parking.
The following parking is prohibited in the city of Cornelius.
(A) No person shall live, sleep, or reside in a vehicle that is parked upon a public street or public right-of-way.
(1) A person may temporarily occupy a recreational vehicle legally parked on a public street as long as:
(a) The period of occupancy is no longer than five consecutive days in any two calendar weeks. For purposes of this section, if a vehicle is tagged for towing, and is found to be in the same location after the fifth day, there shall be a rebuttable presumption that the vehicle remained in the location for five consecutive days in violation of this chapter. The vehicle owner shall have the burden of disproving the presumption.
(b) The recreational vehicle is owned by the resident, or guest of the resident, and is parked immediately in front of or immediately adjacent to the residence.
(c) The recreational vehicle is parked in a manner that does not violate subsection (D) of this section.
(B) No person shall park in front of the entrance of any place where mail is received or within 10 feet of a mailbox during the hours of 8:00 a.m. to 5:00 p.m. on days when mail is delivered.
(C) A vehicle shall not be parked on a public street or public right-of-way without license plates, with expired tags, with expired registration, or with an expired temporary licensing permit.
(D) No person shall park a vehicle in a manner which interferes with the safe flow of traffic or creates a safety hazard by obstructing the view of other drivers. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.080 Vehicles subject to immediate towing.
The following vehicles shall be subject to immediate towing:
(A) Any vehicle parked in violation of a temporary or permanent parking restriction;
(B) Any vehicle parked on city-owned or operated property without express written permission from the city of Cornelius;
(C) Any vehicle reported stolen;
(D) Any vehicle parked in a space that is marked as reserved for disabled or handicapped persons, unless such vehicle conspicuously displays appropriate decals, insignia or license plate as required by Oregon State statutes;
(E) Any vehicle illegally parked in a conspicuously posted restricted space, zone or traffic lane where parking is limited to designated classes of vehicle or is prohibited in excess of a designated time period, or at any time and where the vehicle is interfering or reasonably likely to interfere with the intended use of such space, zone or traffic lane;
(F) Any vehicle impounded under CMC 10.40.040 or 10.40.050;
(G) Any vehicle tagged with a notice that the vehicle will be towed as a disabled vehicle or tagged with a notice that the vehicle will be towed because the vehicle is parked in violation of this chapter, and the 24-hour period has expired, if the vehicle is subsequently moved to another public road or public right-of-way within the city of Cornelius, and the vehicle remains in the same condition or remains parked in violation of this chapter. No vehicle may be towed under this section unless the notice affixed to the vehicle clearly states that the vehicle will be towed under this section if moved to another public road or public right-of-way and the condition of the vehicle or violation remains the same. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.090 Towing of abandoned and disabled vehicles.
In addition to the authority to tow abandoned and disabled vehicles under the provisions of ORS Chapter 819, deputies shall have authority to tow abandoned and disabled vehicles as defined in this chapter in the same manner as abandoned and disabled vehicles towed under state statute. If a law enforcement officer becomes aware of information that the owner or another person with a right to possession of the vehicle continues to assert an interest in the vehicle at any time prior to the vehicle actually being towed, including but not limited to moving the vehicle to another location or contacting the law enforcement officer to tell him/her that the vehicle is not in fact abandoned, the law enforcement officer will not tow the vehicle as an abandoned vehicle. In some circumstances, the vehicle may also meet the definition of a disabled vehicle which may result in notice and towing under those provisions. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.100 Notice and hearing.
Any vehicle towed or impounded under this chapter shall be treated as if it were towed under the provisions of Oregon State statutes, and the statutory provisions including liens, disposition and hearing will be applicable. Any vehicle towed as an abandoned or disabled vehicle shall be subject to the statutory provisions regarding liens, notice, disposition and hearing in ORS Chapter 819. Any other vehicle towed pursuant to this chapter shall be subject to the statutory provisions regarding liens, notice, disposition and hearing in ORS Chapter 809 for impounded vehicles. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.110 Parking vehicles on the right-of-way for vending purposes.
(A) A person commits the offense of unlawful parking for vending purposes if the person parks or leaves standing a vehicle on a right-of-way of any public road within the city for more than 24 hours for the purpose of advertising, selling or offering for sale any merchandise, including the vehicle itself, without written permission of the city of Cornelius, or if the person parks or leaves standing a vehicle on a right-of-way of any public road within the city for vending purposes if the vehicle creates an impediment to pedestrian or vehicular traffic or creates a safety hazard.
(B) There shall be a rebuttable presumption that the registered owner of the vehicle, as shown in the records of the Oregon Department of Motor Vehicles, parked the vehicle in the right-of-way. The burden of proof shall lie with the registered owner to show that someone other than the registered owner parked the vehicle in the right-of-way in violation of this section. For purposes of this section, if the law enforcement officer has probable cause to believe that someone other than the registered owner parked the vehicle in the right-of-way for vending purposes in violation of this chapter, the law enforcement officer may issue a citation to that person.
(C) Any vehicle left on the public right-of-way displaying a sign or other device advertising the vehicle for sale for more than 24 hours shall be presumed to be parked in the right-of-way for the purpose of selling the vehicle and this will be prima facie evidence of a violation of this section. The burden of demonstrating that the vehicle was parked in the right-of-way for a purpose other than selling the vehicle shall lie with the person cited.
(D) A violation of this section is punishable by a fine of up to $250.00.
(E) Notwithstanding subsection (D) of this section, any person who has been convicted of a prior violation of this section within the past year shall be subject to a maximum fine of up to $500.00.
(F) Each day that a vehicle remains in the right-of-way in violation of this section shall be a separate offense and a new citation may be issued each day.
(G) Any vehicle that has been cited for a violation of this section and which has not been removed from public right-of-way within 72 hours of the citation being issued may be towed. The procedures for towing a vehicle under this section will be the same as those procedures provided by state statute for the towing of illegally parked vehicles.
(H) It shall be an affirmative defense to this section that the vehicle was parked in public right-of-way which is immediately adjacent to the residence or principal place of employment of the vehicle’s owner; provided, however, that the affirmative defense shall not apply to any violation for impeding traffic or creating a safety hazard as provided in subsection (A) of this section. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.120 Moving a tagged vehicle.
(A) Any vehicle to which notice has been affixed pursuant to ORS 819.110, stating that the vehicle will be towed if not removed, shall not be moved to any real property within the city of Cornelius if placing the vehicle on that property would result in a violation of the city of Cornelius Municipal Code.
(B) There shall be a rebuttable presumption that the registered owner of the vehicle, as shown in the records of the Oregon Department of Motor Vehicles, parked the vehicle in violation of this section. The burden of proof shall lie with the registered owner to show that someone other than the registered owner parked the vehicle in violation of this section. Notwithstanding the presumption above, if a law enforcement officer has probable cause to believe that a person other than the registered owner parked the vehicle in violation of this section, the law enforcement officer may cite that person instead of the registered owner.
(C) A violation of this section is punishable by a fine of up to $250.00.
(D) Notwithstanding subsection (C) of this section, any person who has been convicted of a prior violation of this section within the past year shall be subject to a maximum fine of up to $500.00.
(E) If more than one vehicle is moved onto real property in violation of this section, each vehicle shall be a separate violation of this section.
(F) Any vehicle that has been cited for a violation of this section and which remains in violation of the municipal code for more than 72 hours or is returned to the right-of-way in violation of the original notice under ORS 819.110 may be towed. The procedures for towing a vehicle under this section will be the same as those procedures provided by state statute for the towing of illegally parked vehicles. [Ord. 2015-02 § 2 (Exh. A), 2015.]
10.40.130 Vehicles appraised at less than $1,000.
If a vehicle taken into custody under ORS 819.110 is appraised at a value of more than $500.00 but less than $1,000, or a vehicle taken into custody under ORS 819.120 is appraised at a value of less than $1,000, then the tow company that towed the vehicle shall sell and dispose of the vehicle under ORS 819.160 and 87.152. [Ord. 2015-02 § 2 (Exh. A), 2015.]