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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 $12.00. g:�--er;-$i6-9A-#€-sttek-taw-to#es-piaee-be€ween-the-ker�rs-a€-689 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 -2- 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 ueh#ele-aay-gaFt-er-gaFts;-eF-ehaage-er-rega�r-aay-Bart-eF-garts- 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: cZCYe r k 0066CR02M63 Published: Plymouth Post 5-26-88. ."