HomeMy WebLinkAboutCity Council Ordinance 1988-18ORDINANCE NO. g8--/8
AN ORDINANCE RELATING TO MOTOR VEHICLES; AMENDING PLYMOUTH
CITY CODE SUBSECTION 1310.11, SUBDIVISIONS 1, 5, 6, 8, 9,
11 and 14; REPEALING PLYMOUTH CITY CODE, SUBSECTION
1310.11, SUBDIVISIONS 7 and 12
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Sec. 1. Plymouth City Code, Subsection 1310.11, Subdivision
1 is amended to read:
1310.11 Subdivision 1. Towaway of Vehicles; Contractors.
General Rule. A vehicle parked in violation of this Code may be
removed from any public street, alley or public way or grounds by
any police officer or City official. The owner or driver of the
vehicle shall be notified, if present or readily available, to
remove the vehicle;. Otherwise the vehicle shall may be towed
away to any garage, service station or other place of
safe -keeping and impounded as herein provided, as--seen--as
gess-iH}e to facilitate snow removal, street maintenance, the
orderly flow of traffic, fire fighting, or other lawful purpose.
The owner shall pay the costs of such towing and storage. Bmeept
The removal of a vehicle by or under the
direction of the police a€€4ee officer or other City official
sha}} does not prevent the prosecution of a violation of this
Section.
Sec. 2. Plymouth City Code, Subsection 1310.11, Subdivision
5 is amended to read:
Subd. 5. Towing and Storage Charges. The towing and
storage charge in connection with the impounding of any vehicle
shall not exceed the amount agreed upon in any current contract
between the City and a duly appointed towing contractor;. A
true and correct copy of whieh said contract shall be on file in
the office of the Chief of Police and the City Clerk for public
inspection and reference. The sa#d towing and storage charges
shall include $5.00 per vehicle for clerical and administrative
expenses of the City. The City shall bill the towing contractor
on the first of each month for such expenses. Sums due the City
for each vehicle shall be paid by the towing contractor to the
City Finance Director within ten days following the date of the
bill, together with detailed records regarding all such service
requests.
Sec. 3. Plymouth City Code, Subsection 1310.11, Subdivision
6 is amended to read:
Subd. 6. Charge When Owner Appears Before Towing. When a
request has been made by the Police Department for the towing and
impounding of a vehicle on account of a parking violation, and
when the owner or operator thereof appears before such vehicle is
in transit via towing equipment to the impoundment location, the
tow truck operator shall release said vehicle to the owner or
operator upon the payment of a service fee not to exceed $12.00.
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Upon the payment of such service fee the
towing contractor shall give to the owner or operator of the
vehicle a receipt for such payment, which includes $5.00 for the
City as provided in Subdivision 5. Tide -fee -shall -be -retained -by
tke-to�a���-eorrt-roEtor--pr�i�r?r:�v��,--�l�a�-€lie-ad»�4s€sb�a€}�e
E€ty-� i-�rarx.�-B}�eebe�-�oge-t-Fi-e-r--w�t-I�-de�a3�ed--r�co-r�3e--�ega�d#t�q
a}1-soak-sert�iee-requests
Sec. 4. Plymouth City Code, Subsection 1310.11, Subdivision
7 is repealed.
Sec. 5. Plymouth City Code, Subsection 1310.11, Subdivision
8 is amended to read:
Subd. 8. Towing Contractor. to Notify Owner. The towing
contractor shall give notice of the impounding of such vehicle to
the owner of such vehicle as shown by the records of the
Minnesota Division of Motor Vehicles by telephone immediately
upon the receipt of such vehicle, if possible, and if it is not
possible shall notify the owner by registered mail within 24
hours after the receipt thereof. Where--a-iFelrre3e -has--been
impeundeel --fir•-si-x-t7+--E69}- -, . The towing contractor shall
ascertain the identity of all parties with a financial interest
in every vehicle held for ten days or. more. The towing
contractor shall notify all such parties in addition to the owner
by registered or certified mail with return receipt requested of
the continued impoundment of such vehicle within 15 days of its
nage--o-f--any--p-a-r-y--with- tae- -arid
within -€i -a-1-1- registered
mai} The towing contractor shall keep a log showing all efforts
made by telephone to contact the owner of such vehicle. anal The
log, together with copies of all required written notices, shall
be maintained by the towing contractor for a period of three
years from the date of such call or written communication.
Sec. 6. Plymouth City Code, Subsection 1310.11, Subdivision
9 is amended to read:
Subd. 9. Storage of Impounded Vehicles. Any vehicle
directed to be impounded as herein provided, from the time it is
taken possession of by the towing contractor and during the time
it is impounded, and until the same is released to the owner or
authorized representative as herein provided, shall be considered
to be in the custody of the law. and--ne No work shall may be
done thereon by the towing contractor, nor shall --he mar the
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towing contractor permit anyone to do any work thereon except the
impounding and storage thereof by the towing contractor His
etapleyee-yr---iris -ages€, until the vehicle has been
released to the owner as herein provided. All such ears vehicles
when ordered released by the Director of Public. Safety shall be
released without other charge than except the
impounding and storage fees herein provided. 'the--frwirzg
eeatraeter-dtrr--i-rg--tlre--t-i-Re-€lre- -€s--3opeatnded-X3-1-1--ae€
gerffi#t--the--&wf..=r--or---a-n-�-atrl:�er-ger sea-*e--tak-e- -orr- rapt -€he
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All vehicles which have been involved in criminal proceedings,
and which are designated by the Police Department as being held
for that reason, shall be held and stored in inside garages.
Vehicles impounded for other reasons may be stored in inside
garages or on designated parking lots.
Sec. 7. Plymouth City Code, Subsection 1310.11, Subdivision
11 is amended to read:
Subd. 11. Damaged Vehicles. The towing contractor shall
may not solicit, directly or indirectly, the impounding or towing
of ears vehicles under this ehagter Section. This prohibition
does not apply to privately ordered tows, provided that the
towing contractor makes no implied or express representation that
such tow is on the authority of the City of Plymouth or its
ordinances. There are no impoundment or impoundment fees in the
event of a disabled vehicle whose owner or authorized operator
requests a tow to any location other than the premises of the
towing contractor. Fees for such services are not regulated by
this Code. l€- arra-�ekrlel e,--kieHe- ocupi�d-er-3ro-t,--€s-€otttd
result -a€- or-d-irars-�-r- -t-lrat -i-t -&a-rrrT&t-be-d-r}vea,--an d -is
se-3oeat-ed---aa-to--aa-obstrtte 34xr-o-€-*-.he--etr-e-et,--€he
same-FRay-He-order ed- i-mpeun ded-Hy-the-Pellee-Pepartfflent;-prey#dedr
that- 44-- the - -o*ne-r- - e r- oper ter--theree€-4ra--regaeated;-ter--deer
reqs}est:-the*-sii- i fe}riale -be--towed-te-h-is- -ar--tom-any -garage
ether --t4 a-n--the--t-0-vFii g-ee-a+rar e;--aad--lrrov3ded--€l}at-t4-re-sa}d
ewaer--sha34-a-& n-t-3--tke-tew4ag-s,"-traeter--a--s4tu ]--€a-the
l�xgexad#ag-t2e--t�-eever-ti�e--e<rst -c}€-tew4ag;--trei-t-ire-r--t-lre-tow#ag
eentraet8F--ao-x---he -Pellee--Depa-_r-t-tcterrt j- -ser--ar+y-&r+e---e1-a, ,--ehali
order-s�teH-vehlele-te-be-#�geaaded-#a-aay-geblle-gettad-ttaless-the
Pei #ee-�etxzrtmea-o-rrsider-peggeegiorr-e€-stteH--}s-aeoessaFy
4a-the-gFeseet�tlea-e€-aay-gersea-€eF-vlelat#ea-a€-law-
Sec. 8. Plymouth City Code, Subsection 1310.11, Subdivision
12 is repealed.
Sec. 9. Plymouth City Code, Subsection 1310.11, Subdivision
14 is amended to read:
Subd. 14. Report of Police Officer. Any A police officer
or other authorized person directing the impounding of any an
unoccupied or damaged vehicle shall prepare a written report of
the description of such vehicle, which report shall, among other
-3-
things, include the following: Make of car; license number,
motor number; number of tires; tools and other separate articles
of personal property; general description of the car with regard
to condition, damaged parts, and such other information as may be
necessary to describe adequately the vehicle and property
delivered to the towing contractor. A copy of such report,
signed by the officer or officers, shall be delivered to the
towing contractor at the time of impounding. An original copy of
report shall be kept on file in the Police Department. A copy
shall be delivered to the City Finance Director-Treasurer. The
€ew#xg-eee€sae€e�-si�a3�-�eee3�rt--£or--stx,4r-r�o-r-t ,--ar-rc�-ska�3:-el�eel�
strek--r�r-t �-a-a�--h•�s-sig-fra-ttz�r-i°ke�eor�--s}rai�.--be-co-rrs-i-de-rte-a
reee€p€-dor-t-k-e-ateh-fele--a-f� -p Kty--deser4bed-i-n--s-ai4-repe3Ft
the-e�4g#as€-aad-eae-eePy-a€-sa4d-Seger€;-and-€ew#ag-eeA€sae€em's
reee#P€;- slra33 -be-33ed--.rr-r--the--P-o-l-icy-Depaff€meI€:-- T-Ire--Peliee
Bepar€FRent- e--o€-sa§d-eopi.es-ier-the--C-i-try-F#rgaaee
B4ree€er-Treasarer-
Sec. 10. Effective Date. This ord'n c ` is effective in
accordance with Subsection 110.11.
May(?(r
ATTEST:
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0066CR02M63
Published: Plymouth Post 5-26-88.
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