HomeMy WebLinkAboutCity Council Ordinance 1970-23VILLAGE OF PLYMOUTH
ORDINANCE NO. 70-23
AN ORDINANCE AMENDING CHAPTER V OF THE VILLAGE CODE
BY DECLARING CERTAIN VEHICLES TO BE A PUBLIC NUISANCE
AND PROVIDING FOR THE ABATEKENT THEREOF BY REMOVAL
AND IKPOLRMING OF SUCH VEHICLES
THE VIL,.AGE COUNCIL OF THE VILLAGE OF PLYMOUTH DOES
HEREBY ORDAIN AS FOLLOWS;
Section 1. Amendment of Village Code. Chapter V of the Village
Code is hereby amended by adding the following thereto as
Section 8:
"Section 8. ILLBGALLY PARKED. ABANDONED OR STOLEN.
VEHICLES - TOWIM AM REMOVAL.
8.01. Certain Vehicles Declared a Public Nuisance
Removal and ImyoWlm Thereof. Any vehicle, whether
occupied or not, that is found stopped, standing,
or parked in violation of the traffic regulation of
the Village Ordinance Code. or that is reported stolen,
or that is fond impeding firefighting, snow removal,
or the orderly flow of traffic is hereby deemed and
declared to be a public nuisance. and such nuisance
nay be abated in the manner hereinafter not forth.
The Village Manager, my police officer, or other
duly authorized person may immediately order it to be
rammed and Impounded in the manner hereinafter pro
vided, and it shall be surrendered to the duly identified
owner thereof by the towing contractor only upon
payment of the fees hereinafter provided, which are
declared to be the vehicle pound fees covering the same.
8.02. Bids for Towing Contractors. The Village
Manager shall advertise for bids by persons, firms,
or corporations desiring to act as Towing Contractor
for vehicles impounded ucder this ordinance and the
Village Council may be motion or resolution accept the
bid of one or more bidders as official Towing Con-
tractors of the Village.
8.03. Contract and Bond. Contracts shall be
entered into in writing for a period not exceeding
three years which shall set forth the fees to be paid
and the services to be rendered by such contractors.
No person, firm or corporation shall act as Towing
Contractor for the Village before entering into such
a written contract with the Village, and filing with
the Village Clerk a band in the sum of $10.000.00
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with corporate surety, conditioned upon 1) the
proper handling and safekeeping of impounded
vehicles, accessories, and personal property during
the period of impounding prior to delivery thereof
to the Village and the owner, 2) reimbursement to
the Village and ownsre for damage to or lose thereof,
3) to. guarantee of payment to the Village for fees
due the Village under the contract, and 4) guaranteeing
the performance of said contract. Such bond shall
be approved b3r the Village Attorney as to form and
execution.
8.04. Taking Possession. Towing and Release.
The Towing Contractor shall take Immediate possession
of any vehicle duly ordered impounded and shall tow
such vehicle to the impounding place. No such vehicle
shall be released without authorisation by the Village
Manager or Chief of Police.
8.05. Towing and Storage Charges. The towing
charge in connection with the impounding of any
vehicle shall not exceed the amount agraed upon in
any current contract between the, Village and a duly
appointed Towing Contractor, a true and correct copy
of which contract shall be on file in the office
of the Chief of Police and the Village Clerk for,,
public inspection and reference. The said chaises
shall include $1.00 per vehicle for clerical and.
administrative expenses of. -the Village. Sums due
the Village for each vehicle shall be paid by thol-,-
Toting Contractor to the,V llage Treasurer on or before
the 10th slay of the month following the month in which
such vehicle was impounded.
8.06. Ci=E Vbea Owner Appears Aefore'Tovinz.--
When a request has bees made by the Police Department
for the twoing and impounding of a vehicle on account
of a parking violation, and when the owner or operator
thereof appears before such vehicle has been hooked
to the tow truck and the wheels thereof hoisted from
the ground, the tow truck operator shall release the
said vehicle upon the payment of a service fee net to
ezceed`$2.00. When in such case the; wheels of such
vehicle have been raised off the ground and the owner
or operator thereafter appears and requests permission
to take possession of said vehicle before it is towed
away, the tow car operator shall release the same upon
the pay'.mant of a service fee not to ageeed $3.00. In
either case, upon the payment of such service f" the
tow car operator shall give to the owner or`eperator
of the vehicle a receipt for such paywent.
8.07. Tow Truck Operator to Have Identification
Certificate. The Chief of Police gad the Towing
Contractor under contract with the Village shall jointly
see to and require that every tow truck operator
answering a request by the Police Departnent for the
towing anal ippoundiag of any vehicle shall have in his
possession a true identification certificate, issued
by the V11140 W eager. No person shall art.,as
a tow truck operator in answering amp► request fres
the Police Dopastment for the Cowin; of any vehicle
to beimpounded �wlthout having in his possession
such identificatioa:cartificate herein provided for,
and suet tow truck operator shall exhibit such
identification card to the owner of. the vehicle or
his agent upon requesttherefor, and shall truth-
fully answer any proper questions'periainftg to the
impounding of the vehicle.
8,08. Towin Contractor to 8otif Owner,. The
Towing Contractor sha"'give notice of the Impounding
of such vehicle to the owner of such vehicle as
shown by the records of the Secretary, of State, by
telephone immediately upon the receipt of such
vehicle, if possible, and if it isnot possible
shall notify owner by registered mail within twenty-
four (24) hours after the>recept thereof.-
8.09. Storage of Impounded Vehicles. Any
vehicle directed to be impounded an herein provided,
from the time it intakenpossession of by the
Towing Contractor and during the time it< s Impounded,
and until the.saae is released to the'owner 'as herein
provided, shall be considered to -ba to the custody
of the law, and na work shall be done,' thereon by
the Towing Contractor, not shall he peter t anyone
to do any work thareon except the impounding and
storage thereof, by his employee or his agent, until
such car has been released to the owner as'
herein
provided. .All such care when ordered released by the
Village Manager or Police Department shall be released
to the owner without other charge that the impounding
and storage fees herein provided, The Tr,wing Con-
tractor
ontractor during the timer the vehicle is empounded°shall
not permit the owner or any other person to take or
remove from the vehicle any part or parts, or change
or repair any part,or parts. All vehicles which have
been involved in criminal proceedings, 'and which are
designated-hy the.Police Department as being held
for that reason, shall beheld and stored in inside
garaga , Vehicles impounded for other reasons may
be stored in inside garages or on designated parking
lots.
8.10. Release Form. At the time of return of
the vehicle theTowing Caatractor shall release the
same by a release in writing which 'shall state the date
of such release together with the charges enumerated
thereon,and the purpose for which such charges were
made. Such release shall be uAdei In one original and
three copies, all of which, shall be otgned by the .
Towing Contractor and the person to whom such ralease
is made. The Towing Contractor shall retain the
original of such release and shall deliver, one copy
thereof to the owner of the vehid&e and two copies to
the Police Department. Of such two copies the Police
ty -
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Department shall deliver one to the Village Treasurer.
k 8.11. Damaged Vehicles. The Towing Contractor
shall not solicit, directly or indirectly, the
impounding or towing of eisirs under this chapter. If
any vehicle, whether ottvpiect or not, is found upon
the stre+tts of. the Village, such a damaged condition
as a result of accident or disrepair that it cannot
be driven, and to so located as to constitute an
obstruction ofthestreet, the same a" be ordered
mpouaded.by the Police Department; pvovided, that
if the owner or operator theioof'has requested, or
does request, that such vehicle be towed to his own
or to any garage other that the TowingContractor,
and provided that the said owner shalladvance to
the Towing Contractor'a sum equal to the impounding
fee to cover the cost of towing, neither the Towing
Contractor nor the Police apartment, nor anyone
else, a'hall order such vehicle to be impounded in
any public pound unless the Police Department considers
possession of such car is necessary in the prosecution
of any person for violation of law.
8.12. Vehjci to be Tagged. Amy unoccupied
vehicle or damaged ordered impounded by ths'Polic.
i Department shall isszediaterly be togged, by., sbi Police
I Departpoety which tag shall show°:the disposition of
the tar ordered by "Id Police Department, and the
reason for which impounded.
8.13. Sale of Vehicle Where Owner Cannot be
Identified. If any such'vehicle is round of recovered
under cMumstances which do not give the Police
Department of ;the Towing Contractor knowledge or means
of inquiry as to the true owner thereof, the Police
Department shell immediately report such facts in
writing to the.Village Manager. -if the manage is of
the opinion that thep`'vulue.of such vehicle justifies
the giving of pu%liahed notice of eels and public
auction of 'much vek#cla, he shall give notice and sell
such vehicles as abandoned personal property at such
public auction, depositing the proceeds of said sale
with the Village Treasurer. If the Manager is of the
opinion that the value of such vehicle does not
,justify sale in such manner, he shall summarily sell
such vehicle, dePceiting the proceeds of such sale with
the Village Treasurer. Such proceeds shall be placed
In the General Fund of the Village subject to the right
of :thre former owners to payment of the net sales
fi price after deduction of expense of such sale from
the fund upon application and satisfactory proof of
i ownership within six months from such sale.
8.14. Report of Police officer. Any police officer
or other authorized person directing the impounding
of any unoccupied or damaged vehicle shall prepare a
written report of the description of such vehicle, which
report shall, among other things, include the following:
i Make of car; license number; motor number; number of
tires; tools and other separate articles of personal
property; general description of the car with
resuard to condition, damaged parts, and such other
inforaation-as may be necessary to describe adequately
the vehicle and property del iye ed to I 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, The Towing
Contractor 'shall receipt for such report, and shall
check such report, and his signature thereon shall be
considered a receipt for the vehicle and property
described in sule report. The original and one copy
of said report, and Touring Contractor's receipt shall
be filed in the Police Department. The Police
[department shall deliver one of said copies to the
Village Treasurer.
8.15. Liability and Property Damage Insurance.
The Towing Contractor must carry, at his own expense,
public liability, property damage, fire and theft,
and public garage keepers' liabilWr insurance in a
good reliable insurance company licensed to do business
in the State of Minnesota, and which shall include the
Village as a name insured, and all of which shall
contain coverage in an amount of not less than $100,000
for Injury to any'oae person and not less that $300,000
total injury it any one *coldost, sad mot, less than
$10,000 fire ,and theft, $35,CkbO for daasge to property,
and $5,000; garage kssperer . iasuratscs need skull furnish
and file with the Village Ciisk a'policy or a asrtift-
cat* of such Insurance of the insurer which shall
contain a clause proaiding for .a 10 day notice to the
Village before cancellation. If any bond or policy
of Insurance required herein Is cancelled, the Taring
Contractor, before date o% cancellatiem, shall furnish
and file a similar now certificate. failure to comply
with the provisions hereof shall automatically suspend
the contract as of the date of the cessation of any
such boo or liability, property and fire insurance
coverage. ;n the event of cancellation of Say policy-
ths Towing Contractor shall not be authorised to act
as Towing Contractor for the'VillaSa unless and until
he shall furnish and file a asw'bond or insurance
policy or certificate evidencing insurance to replace
the cancelled policy."
Section 2. Zffective Date. This ordinan=e shall become effec-
tive upon its passage and publication.
Adopted by the Village Council the 15th day of June,1970.,
ATTX$T s
-Village Cle.