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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 E 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 - t 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.