HomeMy WebLinkAbout895_Part 15 Ch 14_Vehicle Impound_Towing_StorageTulsa County Clerk- EARLENE WILSON
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Receipt # 934272 07/11/07 13 :12 :04
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 895
AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES,
CHAPTER 14, IMPOUNDMENT OF VEHICLES, OF THE CODE OF
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING
SAME BY AMENDING ORDINANCES WITHIN SAID CHAPTER TO
ESTABLISH POLICY FOR IMPOUNDMENT AND TOWING.
THIS ORDINANCE AMENDS PART 15, CHAPTER 14, OF THE CITY OF
OWASSO CODE OF ORDINANCES BY AMENDING CURRENT
ORDINANCES 15 -1401 THROUGH 15 -1424.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 15, Traffic and Vehicles, Chapter 14, Impoundment of Vehicles, of
the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and
codifying as follows:
CHAPTER 14 IMPOUNDMENT OF VEHICLES
SECTION TWO (2):
SECTION 15 -1401 DEFMTIONS
The following definitions shall apply in the interpretation and enforcement of this
echapter:
1. "Dismantled, junked, abandoned or inoperable vehicles" shall include a vehicle
missing a major part(s) that render it inoperable. Missing part(s) include, but are not
limited to bodies, engines, transmissions, frames, rear ends, old tires, wheels and
upholstering.
2. "Lienholder" means those lienholders as shown on the vehicle title;
3. "Person" means any person, firm, partnership, association, corporation,
company or organization of any kind;
4. "Private Property" means any real property in the city which is not public
property;
0
5. "Public Property" means any property owned or controlled in the city
limits by the City of Owasso, Tulsa County, Rogers County, the State of Oklahoma or
the United States Government, and shall include all streets and highways; and
6. "Vehicle" means any device in, upon or by which any person or property
is or may be transported or drawn upon a highway and shall include without limitation
any automobile, truck, trailer, motorcycle, boat, personal water craft, travel trailer,
tractor, buggy, wagon, or self - propelled farm or construction equipment.
7. "Impoundment" means the physical removal of a vehicle to a designated impound lot
or other place of safekeeping designated by the city.
(Prior Code Sec. 8 -401)
SECTION THREE (3):
SECTION 15 -1402 PURPOSE AND EFFECT OF REMOVAL AND IMPOUNDMENT
PROVISIONS
The impoundment of vehicles under authority of the provisions of this chapter shall be
construed as an enforcement procedure for protection of the public peace, health, safety and welfare,
and the safeguarding of property, and shall be used generally for the prevention and removal of
traffic hazards, prevention and abatement of public nuisances, protection of the public rights in the
use of streets and thoroughfares from obstructions placed and left in derogation of those rights, and
for safeguarding and protecting recovered stolen vehicles.
(Prior Code Sec. 15 -1401)
State Law Reference: Grounds for removal of vehicles on highways by state, 47 O.S.
Section 955; removal of vehicles on private property, 47 O.S. Section 954A.
SECTION FOUR (4):
SECTION 15 -1403 AUTHORITY TO IMPOUND VEHICLES
Police officers and code enforcement officers of the city are hereby authorized within the
limits set forth in this chapter and Oklahoma Statutes to impound vehicles under the circumstances
hereinafter enumerated. No impoundment shall be valid unless made under order of an authorized
police officer or code enforcement officer.
(Prior Code Sec. 15 -1404)
SECTION FIVE (5):
SECTION 15 -1404 VEHICLES ON BRIDGE
An unattended vehicle left upon any bridge, viaduct or causeway or in any tube or tunnel,
where the vehicle constitutes an obstruction to traffic or hazard, may be impounded.
(Prior Code Sec. 15 -1406)
SECTION SIX (6):
SECTION 15 -1405 ARREST AND DETENTION OF DRIVER OF VEHICLE
Whenever the driver of a vehicle is placed under arrest and is taken into custody by police
under circumstances which leaves or will leave a vehicle unattended on any street, highway, or
private property not belonging to, leased by, or rented by the driver, the vehicle will be impounded. If
the driver is conscious and appears mentally capable of giving consent, the officer will give the
driver the option releasing control of the vehicle to a licensed driver who is present at the time of
arrest/detention or who can be summoned to the vehicles location in a time that does not
unnecessarily delay the officer.
(Prior Code Sec. 15 -1407)
SECTION SEVEN (7):
SECTION 15 -1406 ILLEGAL TRESPASS BY VEHICLE
A. An unattended vehicle found to be in violation of this code may be
impounded when the required complaint has been properly made and filed as provided in this
section.
B. If a violation of the provisions of this code occurs, the owner or legal occupant who
complains shall sign a complaint against the person parking the vehicle on the owner's or legal
occupant's property, or if the identity of the person parking the vehicle is unknown, then the
complaint may be filed against the registered owner of the vehicle. The complaint shall be verified
and shall allege that the complaining party is the owner or legal occupant of the property upon which
the vehicle is parked or standing.
C. Upon filing of the complaint by the property owner or legal occupant, and if there
appears to be reasonable cause to believe the provisions of this code have been violated, the police
department or code enforcement officer shall cause the vehicle to be impounded from the property
and placed in storage.
D. In addition to the procedure provided in this section, whenever the owner or legal
-possessor of real property or an authorized agent has reasonable cause to believe that a vehicle has
been abandoned thereon, said vehicle having been on said property for a minimum of forty -eight (48)
hours, or whenever a vehicle is left upon said real property without express or implied permission,
such vehicle may be removed as provided in this section.
E. The owner, legal possessor or authorized agent may request any licensed wrecker or
towing service within the county wherein the real property is located to remove the abandoned
vehicle from the premises by signing a Tow Request and Authorization Form prescribed by the
Department of Public Safety and furnished to licensed wrecker as provided in Oklahoma Statutes.
(Prior Code Sec. 15 -1409)
State Law Reference: Removal of abandoned vehicles on private property, state
procedure, 47 O.S. Section 954A.
SECTION EIGHT (8):
SECTION 15 -1407 VEHICLES PARKED OVERTIME
Any unattended vehicle which has been parked for more than one hour in excess of the time
allowed by posted signage for parking on public property shall be impounded.
(Prior Code Sec. 15 -1410)
SECTION NINE (9):
SECTION 15 -1408 VEHICLES BLOCKING FIRE EXITS OR HYDRANTS
Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or
exit, blocks ready access to a fire hydrant or is left unattended in a fire lane shall be impounded.
(Prior Code Sec. 15 -1411)
SECTION TEN (10):
SECTION 15 -1409 VEHICLES PARKED IN INTERSECTION
Any unattended vehicle illegally parked in any street intersection shall be impounded. A
disabled vehicle in an intersection with the person in charge of the vehicle being present, shall be
moved out of the intersection and to the nearest available legal parking space at the street curbing.
(Prior Code Sec. 15 -1412)
4
SECTION ELEVEN (11):
SECTION 15 -1410 RECOVERED STOLEN VEHICLES
A. Whenever a stolen vehicle is located by police, efforts to contact the owner of the
vehicle will be made. If the registered owner is identified, located and notified of the recovery of the
stolen vehicle, the owner shall be given the right to make his own arrangement for the removal of the
vehicle within a reasonable amount of time from the time he is actually notified of its recovery. If the
owner or his or her agent cannot be contacted in a reasonable amount of time or is contacted but is
unable or unwilling to effect the removal within a reasonable amount of time, the vehicle may be
impounded.
B. If a stolen vehicle is located by police and the registered owner cannot be contacted,
the registered owner cannot be determined from the registration papers or other identifying media in
the vehicle or from records or information available from reports of stolen cars, the vehicle poses a
safety risk, or the vehicle was used in the commission of a crime and it is necessary to collect
evidence, the vehicle may be removed by the next available licensed wrecker or towing service on
call rotation and moved to their designated impound lot or other place of safekeeping designated by
the city. The registered owner of the vehicle shall be notified of the location of the place of
impoundment as soon as possible by the police department.
(Prior Code Sec. 15 -1413)
SECTION TWELVE (12):
SECTION 15 -1411 MOTOR VEHICLE COLLISIONS
A. Vehicles may be impounded if the vehicle is needed for purposes of the investigation
following a vehicle collision involving serious personal injury or death.
B. Following motor vehicle collisions, a police officer may request impoundment when
the operator is unable or unwilling to take charge of the vehicle and the vehicle
cannot be legally parked and sufficiently secured at the scene, or there is property in
or attached to the vehicle that cannot be sufficiently secured at the scene or placed in
the custody of a responsible party.
SECTION THIRTEEN (13):
SECTION 15 -1412 VEHICLES NOT BEARING OR DISPLAYING PROPER LICENSE
PLATE
After ninety (90) days from the expiration date for annual registration of a vehicle, police
officers may seize and take into custody every vehicle owned within this state not bearing or
displaying a proper license plate required by the Oklahoma Vehicle License and Registration Act.
The vehicle shall not be released to the owner until it is duly registered and the license, registration,
-or title fee and penalties due are paid in full, proof of security or an affidavit that the vehicle will not
be used on public highways or public streets, as required by Oklahoma Statutes, is furnished, and the
cost of seizure, including the reasonable cost of taking the vehicle into custody and storing the
vehicle have been paid.
State Law Reference: Duty to seize vehicles not bearing or displaying proper
license plate, 47 O.S. Section 1115.1.
SECTION FOURTEEN (14):
SECTION 15 -1413 IMPOUNDMENT OF VEHICLES FOR EVIDENCE
A. Any vehicle maybe impounded if there is probable cause that the vehicle was used as
an instrument in a crime and the vehicle is needed as evidence of the crime, or the vehicle contains
evidence of a crime that cannot be processed at the scene and must be secured to ensure evidentiary
integrity.
B. A hold may be placed on any vehicle impounded for evidence for forty -eight (48)
hours. Holds needed beyond the forty -eight (48) hour time period require that a
written request be made to the licensed wrecker or towing service to extend the hold.
Only a police supervisor can authorize a hold on a vehicle for evidence.
SECTION FIFTEEN (15):
SECTION 15 -1414 SEIZURE AND FORFEITURE OF VEHICLES USED IN CRIME
A. Any police officer of the city is authorized to seize any vehicle owned by or registered
to the defendant used in the commission of any armed robbery offense, as defined in Oklahoma
Statutes, or any vehicle owned by or registered to the defendant when such vehicle is used to
facilitate the intentional discharge of any kind of firearm, as defined in Oklahoma Statutes, or any
vehicle, airplane, vessel, vehicles or parts of vehicles whose numbers have been removed, altered or
obliterated so as to prevent determination of the true identity or ownership of said property and parts
of vehicles which probable cause indicates are stolen but whose true ownership cannot be
determined, or any vehicle owned by or registered to the defendant used in violation of the
Trademark Anti- Counterfeiting Act, or any equipment owned by or registered to the defendant which
is used in the attempt or commission of any act of burglary in the first or second degree, motor
vehicle theft, unauthorized use of a vehicle, obliteration of distinguishing numbers on vehicles or
criminal possession of vehicles with altered, removed or obliterated numbers as defined in Oklahoma
Statutes, or any vehicle, airplane or vessel owned by or registered to the defendant used in the
commission of any arson offense defined in Oklahoma Statutes. Said property may be held as
evidence until a forfeiture has been declared or a release ordered. Forfeiture actions under this
section may be brought by the district attorney in the proper county of venue as petitioner; provided,
in the event the district attorney elects not to file such action, or fails to file such action within ninety
(90) days of the date of the seizure of such equipment, the property shall be returned to the owner.
B. In addition to the provisions of subsection A of this section, vehicles may be seized
for any other reason allowed in Oklahoma Statutes.
State Law Reference: Seizure and forfeiture of vehicles, airplanes, and other
property used in crime - procedure, 47 0. S. Section 1738.
SECTION SIXTEEN (16):
SECTION 15 -1415 ABANDONED, JUNKED VEHICLES PROHIBITED
No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon
public or private property a dismantled, unserviceable, inoperable, junked or abandoned vehicle or
parts thereof or any vehicle legally or physically incapable of being operated for a period exceeding
forty -eight (48) hours unless such vehicle, or parts thereof, is completely enclosed within a building,
or stored in connection with a business lawfully established pursuant to the zoning ordinances of the
city, or stored on property lawfully designated under the zoning ordinances of the city as a place
where such vehicles may be stored.
(Prior Code 8 -402)
SECTION SEVENTEEN (17):
SECTION 15 -1416 ABANDONED, JUNKED VEHICLES CONSIDERED A NUISANCE
The accumulation or storage of one or more dismantled, junked, abandoned, inoperable or
unserviceable vehicles or parts thereof shall constitute a nuisance detrimental to the health, safety
and welfare of the inhabitants of the city. It is the duty of the owner of such vehicles or parts thereof,
or the owner of the private property, lessee or other person in possession or control of the property
upon which such vehicle is located to remove the vehicle from such property or have the vehicle
housed in a building where it will not be visible from the street or other private property.
(Prior Code 8 -403)
SECTION EIGHTEEN (18):
SECTION 15 -1417 VEHICLES OBSTRUCTING TRAFFIC OR HIGHLY SUSCEPTIBLE TO
DAMAGE
If a police officer of the city or the code enforcement officer of the city has reasonable cause
to believe that a vehicle has been abandoned in a location which would be hazardous to the free flow
of traffic, such officer shall have the authority to remove or direct the removal of the vehicle
immediately. At the time of ordering the removal of the abandoned vehicle, the authorizing officer
shall also determine the sale value of the vehicle and certify that amount on the removal order.
,(Prior Code Sec. 8 -404, 15 -1408)
State Law Reference: Authorization to remove abandoned vehicle, 47 O.S. Section
902.
SECTION NINETEEN (19):
SECTION 15 -1418 ABANDONED VEHICLES ON PUBLIC PROPERTY
Any police officer of the city or code enforcement officer of the city shall have the authority
to remove or direct the removal of an abandoned, dismantled, junked or inoperable vehicle when
same is found upon any portion of the highway, shoulder, right -of -way, or other public property, if
after a period of forty -eight (48) hours from the time of posting of notification on the vehicle
directing removal of same, there is no evidence of an apparent owner who intends to remove the
vehicle.
(Prior Code Sec. 8 -405)
SECTION TWENTY (20):
SECTION 15 -1419 REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR
INOPERABLE VEHICLES LOCATED ON PRIVATE PROPERTY
A. Any police officer of the city or code enforcement officer of the city, shall, under the
circumstances hereinafter set forth, have the authority to remove or direct the removal of a
dismantled, junked, abandoned or inoperable vehicle when same is found upon private property
within the corporate limits of the city.
B. The police officer or code enforcement officer, as may be designated by the city
manager, shall notify the owner, as evidenced by the records of the State Department of Public
Safety, of such abandoned, junked, unserviceable, inoperable or dismantled vehicle, either by
certified mail, return receipt requested, or by personal service, or by attaching a copy of the notice in
a conspicuous place on the property to be removed, and if there be a building located on the property,
by attaching a copy of the notice to the main entranceway of the building in a conspicuous place
thereon. Notice may also be given by service of same on a person in possession or control of the
property as owner, lessee, custodian or licensee over the age of fifteen (15) years or upon the member
of any household fifteen (15) years of age or older. The notice shall contain the following
information:
The nuisance must be abated within forty -eight (48) hours after receipt of
notice by certified mail or within forty -eight (48) hours of posting of notice or
upon personal service as hereinbefore provided;
2. The owner or person having control of the property upon which the nuisance
is located may, within the forty -eight (48) hour period provided for in the
notice for removal, request, in writing, directed to the code enforcement
officer of the city, a hearing before the city council of the city;
3. The failure to request a hearing within the time period shall cause an
abatement order to be issued and the same shall be removed by the proper city
authorities and all charges incidental and necessary to the removal thereof
shall be charged to the owner or the person having control of the property;
4. If a hearing as above provided is requested within the time provided, a hearing
shall be set before the city council not less than (5) days nor more than (15)
days from the request. At such hearing the owner may appear and protest and
show cause why such abatement order should not be issued; and
5. If the city council determines a nuisance exists and if the city council orders an
abatement after the hearing provided herein, the same shall be removed by the
city at the cost of the owner or the person having control of the property upon
which the nuisance is located; provided, the city shall allow the owner or
person having control thereof seventy -two (72) hours after such order within
which to abate the nuisance.
C. Upon failure of the owner of the vehicle or the owner, lessee or person having control
of the property on which the vehicle is located to request a hearing within the time provided as
provided in the preceding subsection, or to remove the vehicle or to place it in an enclosed building,
the city shall have the right to abate the nuisance forthwith without further notice or time being
given.
D. If such owner, lessee or person in control of the property requests a hearing within the
time provided and appears to protest at the hearing provided and is ordered to abate such nuisance at
the hearing, then such owner, lessee or person having control of the property shall abate same within
seventy -two (72) hours of the ruling.
E. The city manager, if same is not abated within seventy -two (72) hours of the order of
abatement, shall direct the code enforcement officer, to cause the removal and abatement of such
nuisance and reasonable costs and charges for the removal of the nuisance shall be charged to the
owner, lessee or person in control of the property upon which the vehicle is located.
F. The owner of any vehicle so removed may regain possession thereof by making
application to the code enforcement officer within thirty (30) days after removal and upon payment
to the city all reasonable costs of removal and storage which shall have accrued to such vehicle. If
the vehicle is not so reclaimed within thirty (30) days, it may be sold without further notice in a
reasonably commercial manner. After payment of towing and storage costs, all funds remaining
shall become the property of the city.
(Prior Code 8 -406)
SECTION TWENTY -ONE (21):
SECTION 15 -1420 PLACE OF IMPOUNDMENT
Vehicles that are impounded under the provisions of this chapter shall routinely be removed
by the next available licensed wrecker or towing service on call rotation to their designated impound
lot or other place of safekeeping designated by the city. Exigent circumstances; however, may
require removal and storage of the vehicle by other means.
(Prior Code Sec. 15 -1402)
SECTION TWENTY -TWO (22):
SECTION 15 -1421
NOTICE OF REMOVAL
Any such officer who has removed or directed the removal of any vehicle, or an authorized
person within the police department, shall within seventy -two (72) hours of such removal notify the
Oklahoma Department of Public Safety of such removal. The notice of removal shall contain the
name and address of the owner, if known, the make, model, vehicle identification number,
registration number, date stored, place stored and the officer's estimated value. Upon receipt of such
notice of removal, the Department of Public Safety is required by Oklahoma Statute to send a notice
to the owner and any lienholder by regular mail, postage prepaid, at the addresses furnished by the
Tax Commission or motor license agent, of the vehicle's location.
State Law Reference: Notice of removal — civil liability, 47 O.S. Section 903.
SECTION TWENTY -THREE (23):
SECTION 15 -1422 PAYMENT OF COST OF REMOVAL AND STORAGE
The owner of a motor vehicle or lienholder of the vehicle in violation of the provisions of this
chapter, or the owner of any vehicle or lienholder of the vehicle or insurer accepting liability for
paying a claim on a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner
which shall have been lawfully removed from any highway or other public property may regain
possession of the vehicle in accordance with regulations of the Oklahoma Department of Public
Safety upon payment of the reasonable cost of removal and storage of such vehicle to the licensed
wrecker or towing service. The licensed wrecker or towing service is authorized to collect all lawful
fees from the owner, lienholder that seeks possession of a vehicle under a security interest, agent, or
insurer accepting liability for paying the claim for a vehicle or purchasing the vehicle as a total loss
vehicle from the registered owner of the towed vehicle for the performance of any and all such
services. The licensed wrecker or towing service shall release the vehicle from storage upon
mi
• authorization from the owner, agent or lienholder of the vehicle or in the case of a total loss, the
insurer,accepting liability for paying the claim on the vehicle or purchasing the vehicle where the
vehicle is to be moved to an insurance pool yard for sale.
State Law Reference: Payment of cost of removal and storage, 47 O.S. Section 904.
SECTION TWENTY -FOUR (24):
SECTION 15 -1423 CONTESTING VALIDITY OF REMOVAL OR STORAGE
A. After the removal or storage of any abandoned or wrecked vehicle at the request of a
police officer or code enforcement officer of the city, the registered or legal owner of the vehicle, or
their agent, may contest the validity of the removal or storage, by filing a written request for a
hearing with the city manager. The written request may be filed before or after the vehicle is
retrieved from the storage operator. Provided, however, the city shall not be required to conduct a
hearing if the request is received more than ten (10) days following actual or constructive notice to
the owner or driver of the vehicle that said vehicle has been so removed or stored. Any such hearing
shall be scheduled within seventy -two (72) hours of the request, excluding weekends and holidays.
The city may authorize its own officer or employee to conduct the hearing, so long as the hearing
officer is not the same person who directed the removal or storage of the vehicle. The city may, with
the consent of the person requesting the hearing, schedule the hearing by telephone and conduct the
hearing on the merits by telephone conference call.
B. The hearing officer shall apply the law to the evidence and make a determination
whether the vehicle removal and storage was justified. If deemed unjustified, the city shall bear the
cost of hookup and tow mileage, and the licensed wrecker or tow service shall waive all storage costs
in such cases as a condition of eligibility to respond to a service call request from the city. The
vehicle owner or agent shall not be charged any type of fee or costs relating to impoundment or
storage in such case. If the tow and storage is deemed justified, the owner or agent shall bear the
cost of reasonable tow and storage. In either case, prior to the release of the vehicle to the owner or
agent, proof of security or an affidavit that the vehicle will not be used on public highways or public
streets shall be furnished to the city.
C. Failure of either the registered or legal owner, or their agent, to timely request or to
timely appear upon a scheduled hearing shall satisfy the hearing requirements in this section.
D. The hearing conducted by the city pursuant to this section shall not be governed by
the Administrative Procedures Act, Section 301 et seq. of Title 75 of the Oklahoma Statutes. The
owner of a stored vehicle may, either in lieu of such hearing or after such hearing, file a petition in
the district court of the county wherein the vehicle is stored. The district court is vested with original
jurisdiction to conduct a de novo hearing and determine the validity of removal and storage.
E. The provisions of this section shall not apply to the removal of vehicles abated
pursuant to Section 954A of Title 47 of the Oklahoma Statutes.
III
State Law Reference: Contesting validity or removal or storage — request for hearing, 47
O.S. Section 903A.
SECTION TWENTY -FIVE (25):
SECTION 15 -1424
PENALTY
Any person, firm or corporation violating any of the provisions of this chapter shall, upon
conviction thereof, be punished as provided in Section 1 -108 of this code.
(Prior Code Sec. 8 -408)
SECTION TWENTY -SIX (26): REPEALER
A. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION TWENTY -SEVEN (27): SEVERABILITY
B. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION TWENTY -EIGHT (28): DECLARING AN EFFECTIVE DATE
C. The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION TWENTY -NINE (29): CODIFICATION
D. The City of Owasso Code of Ordinances is hereby amended by amending the ordinances within
Chapter 14 of Part 15 of the Code to be codified in Part 15, Chapter 14, as sections 15 -1401 through
15 -1424.
PASSED by the City Council of the City of Owasso, Oklahoma on the 19`h ay of Ju e, 2007.
Stephen ataudella, Mayor
ATTEST:
104 A
Sherry
( OFFICIAL
SEAL
• APPROVED as to orm
Jul' Lombar i, City Attorney
Health and Sanitation
CHAPTER 4
ABANDONED, WRECKED AUTOS
Section 8 -401
Definitions
Section 8-402
Abandoned, Wrecked Autos Prohibited
Section 8-403
Nuisance
Section 8 -404
Immediate Removal of Vehicle Obstructing Traffic
Section 8-405
Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles from Public
Property
Section 8-406
Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles Located on
Private Property
Section 8 -407
Owner May Regain
Section 8-408
Penalty
SECTION 8-401 DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this chapter:
1. "Dismantled, junked, abandoned or inoperable vehicles" shall be deemed and means to
include the major parts thereof including bodies, an engine, transmissions, frames, rear ends and old tires,
wheels and upholstering;
2. "Person" means any person, firm, partnership, association, corporation, company or
organization of any kind;
3. "Private Property" means any real property in the city which is not public property;
4. "Public Property" means any property owned or controlled in the city limits by the city, Tulsa
County, the state or United States Government, and shall include all streets and highways; and
5. "Vehicle" means any machine propelled by owner other than by muscle and shall include
without limitation any automobile, truck, trailer, motorcycle, tractor, buggy, wagon, or self - propelled
farm or construction equipment.
(Prior Code Sec. 13 -49)
State Law Reference: Removal of abandoned vehicles on private property, state procedure, 47 O.S.
Section 954A.
SECTION 8402 ABANDONED, JUNKED VEHICLES PROHIBITED
No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon
public or private property a dismantled, unserviceable, inoperable, junked or abandoned vehicle or parts
thereof or any vehicle legally or physically incapable of being operated, for a period exceeding forty-eight
(48) hours unless such vehicle, or parts thereof, is completely enclosed within a building, or stored in
connection with a business lawfully established pursuant to the zoning ordinances of the city, or stored on
property lawfully designated under the zoning ordinances of the city as a place where such vehicles may
be stored.
Page 8 -25 _/
Health and Sanitation
SECTION 8-403 NUISANCE
The accumulation or storage of one or more vehicles or parts thereof as described in Sections 8 -401
and 8 -402 of this code shall constitute a nuisance detrimental to the health, safety and welfare of the
inhabitants of the city. It is the duty of the owner of such vehicles or parts thereof, or the owner of the
private property, lessee or other person in possession or control of the property upon which such vehicle
is located to remove the vehicle from such property or have the vehicle housed in a building where it will
not be visible from the street or other private property. (Prior Code, Sec. 13 -52)
SECTION 8 -404 IMMEDIATE REMOVAL OF VEHICLE OBSTRUCTING TRAFFIC
A. If a police officer of the city or the code enforcement officer of the city, has reasonable cause
to believe that a vehicle has been abandoned in a location which would be hazardous to the free flow of
traffic, such officer shall have the authority to remove or direct the removal of the vehicle immediately.
At the time of ordering the removal of the abandoned vehicle, the authorizing officer shall also determine
the sale value of the vehicle and certify that amount on the removal order.
B. If the value of the abandoned vehicle is certified as One Hundred Dollars ($100.00) or less,
then within ten (10) days of the date of the certification of sale value, written notice shall be sent by the
certifying officer or an authorized member of his agency, to the last known registered owner of the
vehicle, stating the location where the abandoned vehicle was found, the certified sale value, the physical
description of the vehicle, the license registration number, and the location where the vehicle is being
stored. If the abandoned vehicle has not been recovered by the owner by payment of all costs of
impounding, towing, storage and other related charges, then thirty (30) days from the date of the
certification of value, the certifying officer, or an authorized member of his agency, shall then authorize
disposal, by selling for salvage or in some other manner, of the abandoned vehicle without further notice.
All proceeds realized from the disposal of the abandoned vehicle shall, after payment of any costs
involved, be deposited with the appropriate depository of the city.
C. If the abandoned vehicle is valued at sale for more than One Hundred Dollars ($100.00), the
procedures prescribed by Sections 903 through 911 of Title 47 Oklahoma Statutes shall be applicable.
(Ord. No. 375, 11/3/87)
SECTION 8-405 REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE
VEHICLES FROM PUBLIC PROPERTY
A. Any police officer of the city or code enforcement officer of the city, shall have the authority
to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is
found upon any portion of the highway, shoulder, right -of -way, or other public property, if after a period
of forty-eight (48) hours from the time of posting of notification on the vehicle directing removal of same,
there is no evidence of an apparent owner who intends to remove same.
B. The notice provided for above shall be in writing and contain the request for removal within
the time specified in this chapter, to -wit, forty -eight (48) hours. The notice shall advise that upon a failure
to comply with the notice to remove, the city, or its designee, will undertake such removal with the cost of
the removal to be levied against the owner of the property. Such notice shall further provide that the
owner or such owner's authorized representative, may, within the time specified in the notice, contact the
city manager of the city, for the purposes of challenging whether or not such vehicle constitutes a
nuisance, as defined herein and whether same should be removed. If the vehicle has not been removed
within the forty-eight (48) hour period provided for in the notice, or a hearing, as above provided for with
the city manager, is not requested within such time, the vehicle shall at the expiration of the forty -eight
(48) hour period be removed, impounded and stored for violation of this chapter. Subsequent to such
removal, the code enforcement officer shall give notice to the owner of the location where the vehicle is
,! Page 8 -26
Health and Sanitation
stored and the cost incurred by the city for the removal; whereupon, the vehicle shall be re- delivered to
the owner, or sold, under the conditions as provided for in Section 8 -407. (Ord. No. 375, 11/3/87)
SECTION 8 -406 REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE
VEHICLES LOCATED ON PRIVATE PROPERTY
A. Any police officer of the city or code enforcement officer of the city, shall, under the
circumstances hereinafter set forth, have the authority to remove or direct the removal of a dismantled,
junked, abandoned or inoperable vehicle when same is found upon private property within the corporate
limits of the city.
B. The police officer or code enforcement officer, as may be designated by the city manager,
shall notify the owner, as evidenced by the records of the State Department of Public Safety, of such
abandoned, junked, unserviceable, inoperable or dismantled vehicle, either by certified mail, return
receipt requested, or by personal service, or by attaching a copy of the notice in a conspicuous place on
the property to be removed, and if there be a building located on the property, by attaching a copy of the
notice to the main entranceway of the building in a conspicuous place thereon. Notice may also be given
by service of same on a person in possession or control of the property as owner, lessee, custodian or
licensee over the age of fifteen (15) years or upon the member of any household fifteen (15) years of age
or older. The notice shall contain the following information:
1. The nuisance must be abated within forty-eight (48) hours after receipt of notice by
certified mail or within forty -eight (48) hours of posting of notice or upon personal service as
hereinbefore provided;
2. The owner or person having control of the property upon which the nuisance is located
may, within the forty-eight (48) hour period provided for in the notice for removal, request, in writing,
directed to the code enforcement officer of the city, a hearing before the city council of the city;
3. The failure to request a hearing within the time period shall cause an abatement order to
be issued and the same shall be removed by the proper city authorities and all charges incidental and
necessary to the removal thereof shall be charged to the owner or the person having control of the
property;
4. If a hearing as above provided is requested within the time provided a hearing shall be
set before the city council not less than five (5) days nor more than fifteen (15) days from the request. At
such hearing the owner may appear and protest and show cause why such abatement order should not be
issued; and
5. If the city council determines a nuisance exists and if the city council orders an
abatement after the hearing provided herein, the same shall be removed by the city at the cost of the
owner or the person having control of the property upon which the nuisance is located; provided, the city
shall allow the owner or person having control thereof seventy-two (72) hours after such order within
which to abate the nuisance.
C. Upon failure of the owner of the vehicle or the owner, lessee or person having control of the
property on which the vehicle is located to request a hearing within the time provided as provided in the
preceding subsection, or to remove the vehicle or to place it in an enclosed building, the city shall have
the right to abate the nuisance forthwith without further notice or time being given.
D. If such owner, lessee or person in control of the property requests a hearing within the time
provided and appears to protest at the hearing provided and is ordered to abate such nuisance at the
Page 8 -27 �/
Health and Sanitation
hearing, then such owner, lessee or person having control of the property shall abate same within seventy-
two (72) hours of the ruling.
E. The city manager, if same is not abated within seventy-two (72) hours of the order of
abatement, shall direct the code enforcement officer, to cause the removal and abatement of such nuisance
and reasonable costs and charges for the removal of the nuisance shall be charged to the owner, lessee or
person in control of the property upon which the vehicle is located in the manner as provided for in
Section 8-407.
SECTION 8-407 OWNER MAY REGAIN
The owner of any vehicle so removed may regain possession thereof by making application to the
code enforcement officer, within thirty (30) days after removal and upon payment to the city all
reasonable costs of removal and storage which shall have accrued to such vehicle. If the vehicle is not so
reclaimed within thirty (30) days, it may be sold without further notice in a reasonably commercial
manner. After payment of towing and storage costs, all funds remaining shall become the property of the
City.
SECTION 8-408 PENALTY
Any person, firm or corporation violating any of the provisions of this chapter shall, upon
conviction thereof, be punished as provided in Section 1 -108 of this code.
Page 8 -28
Section 15 -1401
Section 15 -1402
Section 15 -1403
Section 15 -1404
Section 15 -1405
Section 15 -1406
Section 15 -1407
Section 15 -1408
Section 15 -1409
Section 15 -1410
Section 15 -1411
Section 15 -1412
Section 15 -1413
Section 15 -1414
SECTION 15 -1401
Traffic and Vehicles
CHAPTER 14
IMPOUNDMENT OF VEHICLES
Purpose and Effect of Impoundment Provisions'
Place of Impoundment
Duration of Impoundment
Police Granted Authority to Impound Vehicles
Disabled Vehicles
Vehicles on Bridge
Arrest and Detention of Driver of Vehicle
Vehicle Constitutes Traffic Hazard
Illegal Trespass by Vehicle
Vehicles Parked Overtime
Vehicles Blocking Fire Exits or Hydrants
Vehicles Parked in Intersection
Stolen Vehicles; Recovery by Police
Vehicles With Outstanding Traffic Citations
PURPOSE AND EFFECT OF IMPOUNDMENT PROVISIONS
The impoundment of vehicles under authority of the provisions of this chapter shall be construed as
an enforcement procedure for protection of the public peace, safety and welfare, and the safeguarding of
property, and shall be used generally for the prevention and removal of traffic hazards, prevention and
abatement of public nuisances arising from traffic law violations, protection of the public rights in the
use of streets and thoroughfares from obstructions placed and left in derogation of those rights, and for
safeguarding and protecting recovered stolen vehicles. (Prior Code, Chapter 20)
State Law Reference: Grounds for removal of vehicles on highways by state, 47 O.S. Section 955;
removal of vehicles on private property, 47 O.S. Section 954A.
SECTION 15 -1402 PLACE OF IMPOUNDMENT
Every vehicle that is impounded under the provisions of this chapter shall be removed to the
nearest garage or place of safekeeping designated by the city council, and to no other place. (Prior Code,
Chapter 20)
SECTION 15 -1403 DURATION OF IMPOUNDMENT
A. Except as otherwise provided, any vehicle impounded under the authority of this chapter
shall be stored and held safely until an order for its release is received from an officer of the traffic
violations bureau or other proper police officer.
B. The order of release of an impounded vehicle shall be conditioned upon the payment by the
person to whom the release is issued of all impoundment costs and accrued storage charges assessed
against the vehicle.
C. No order of release of an impounded vehicle shall be issued until all fines and costs due the
city because of traffic law or other law violations involving the vehicle have been paid. (Prior Code,
Chapter 20)
Page 15 -87
Traffic and Vehicles
SECTION 15 -1404 POLICE GRANTED AUTHORITY TO IMPOUND VEHICLES
Members of the police department are hereby authorized within the limits set forth in this chapter
to impound vehicles under the circumstances hereinafter enumerated. No impoundment shall be valid
unless made under order of an authorized police officer and in strict adherence with the procedures
required in this chapter. (Prior Code, Chapter 20)
SECTION 15 -1405 DISABLED VEHICLES
A disabled vehicle upon a street or highway may be impounded under the following circumstances:
1. If left unattended and improperly parked on street or highway and constitutes a definite
hazard or obstruction to the normal movement of traffic; or
2. If the person in charge of the vehicle is physically incapacitated to such extent as to be
unable to provide for its custody or removal and the vehicle is so disabled as to constitute an obstruction
to traffic or a hazard.
(Prior Code, Chapter 20)
SECTION 15 -1406 VEHICLES ON BRIDGE
An unattended vehicle left upon any bridge, viaduct or causeway or in any tube or tunnel, where
the vehicle constitutes an obstruction to traffic or hazard, may be impounded. (Prior Code, Chapter 20)
SECTION 15 -1407 ARREST AND DETENTION OF DRIVER OF VEHICLE
Whenever the driver or person in charge of any vehicle is placed under arrest and taken into
custody and detained by police under circumstances which leaves or will leave a vehicle unattended on
any street or highway, the vehicle may be impounded. (Prior Code, Chapter 20)
SECTION 15 -1408 VEHICLE CONSTITUTES TRAFFIC HAZARD
A vehicle left unattended upon any street, alley or thoroughfare and so parked illegally as to
constitute a definite hazard or obstruction to the normal movement of traffic shall be impounded. (Prior
Code, Chapter 20)
SECTION 15 -1409 ILLEGAL TRESPASS BY VEHICLE
A. An unattended vehicle found to be in violation of this code may be impounded when the
required complaint has been properly made and filed as provided in this section.
B. If a violation of the provisions of this code occurs, the owner or legal occupant who
complains shall sign a complaint against the person parking the vehicle on the owner's or legal occupant's
property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed
against the registered owner of the vehicle. The complaint shall be verified and shall allege that the
complaining party is the owner or legal occupant of the property upon which the vehicle is parked or
standing.
Page 15 -88
• Traffic and Vehicles
C. Upon filing of the complaint by the property owner or legal occupant, and if there appears to
be proper cause to believe the provisions of this code have been violated, the police department shall
cause the vehicle to be impounded from the property and placed in storage.
SECTION 15 -1410 VEHICLES PARKED OVERTIME
Any unattended vehicle which has been parked for more than one hour in excess of the time
allowed for parking in any place shall be impounded. (Prior Code, Chapter 20)
SECTION 15 -1411 VEHICLES BLOCKING FIRE EXITS OR HYDRANTS
Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or exit or
blocks ready access to a fire hydrant shall be impounded.
SECTION 15 -1412 VEHICLES PARKED IN INTERSECTION
Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled
vehicle in an intersection with the person in charge of the vehicle being present, shall be moved out of
the intersection and to the nearest available legal parking space at the street curbing.
SECTION 15 -1413 STOLEN VEHICLES, RECOVERY BY POLICE
A. Whenever a stolen vehicle is located by police and the registered owner cannot be found
within a reasonable time not exceeding one hour, or cannot be determined from the registration papers or
other identifying media in the vehicle or from records or information available from reports of stolen
cars, the vehicle may be removed to the nearest authorized place to impoundment and the registered
owner of the vehicle shall be notified of the location of the place of impoundment as soon as possible by
the police department.
B. If the registered owner is identified, located and notified of the recovery of the stolen
vehicle, the owner shall be given the right to make his own arrangement for the removal of the vehicle
within the period of one hour from the time he is actually notified of its recovery, and if the owner is
unable or unwilling to effect the removal within the time specified the vehicle may be impounded.
SECTION 15 -1414 VEHICLES WITH OUTSTANDING TRAFFIC CITATIONS
Any vehicle for which two (2) or more citations have been issued, pursuant to this code for
violation of an ordinance, and have not been presented as required, may be impounded if parked in
violation of any provision of this part. (Prior Code, Chapter 20)
Page 15 -89
PUBLISHER'S AFFIDAVIT
ORDINANCE NO. 895
PUBLICATION DATE(S)
06/28/07
CASE NUMBER: ORD NO. 895
INVOICE NO: 00034386
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa I SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a daily newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified
to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
WOW, / I
Representative Signature
Subscribed to and sworn to me this 29th day of June, 2007.
Notary Public
NkNCY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 68205
Expires Docgmber 8, 2
PUBLIC NOTICE
PUBLIC NOTICE
34396
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, June 28, 2007
(Prior Code Sec. B -404, 15.1408)
Stara Law Reference Authorization to remove abandoned vehicle, 47 C
CITY OF OWASSO, OKLAHOMA
SECTION NINETEEN (7 /):
ORDINANCE NO. 895
SECTION15 -1418 ABANDONED VEHICLES ON PUEILIr PROPERTY
Any police officer of Me city or code enforcement officer of the city shall
AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 14, IW
or direct the removal of an abandoned, dismantled, junked or inoperabb
upon any portion of the highway, shoulder, right-of-way, or other publi(
POUNDMENT OF VEHICLES, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO.
OKLAHOMA, AMENDING SAME BY AMENDING ORDINANCES WITHIN SAID CHAPTER TO
forty-eight (48) hours from the time of Posting of notification on Me vehic
ESTABLISH POLICY FOR IMPOUNDMENT AND TOWING.
Mere Is no evidence of an apparent owner who intends to remove the ve
(Prior Code Sec. 8405)
THIS ORDINANCE AMENDS PART 15, CHAPTER 14, OF THE CITY OF OWASSO CODE OF
SECTION TWENTY (2D):
ORDINANCES BY AMENDING CURRENT ORDINANCES 15-1401 THROUGH 141424.
SECTION 15-1419 REMOV OF DISMANTLED. u
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WTI
SECTION ONE fly. Part 15, Traffic and Vehicles, Chapter 14, Impoundment of Vehicles, of Me Code
of Ordinances o the City of Owasso, Oklahoma, shall be amended by providing and codifying as frN-
lows:
CHAPTER 14 IMPOUNDMENT OF VEHNIM
SECTION TWO (2):
SECTION 15 -1401 DEEINITIONS
The following dentitions shall apply in the interpretation and enforcement of this chanter.
1. "Dismantled, junked, abandoned or inoperable vehicles" shall include a vehicle missing a major
part(s) that render it inoperable. Missing pad(s) include, but are not limited to bodies, engines, trans.
missions, frames, rear ends, old fires, wheels and upholstering.
2. 'Uml,c tier means those 11wholders w shown on the vehicle Mle;
3. 'Person' means any person, firm, partnership, assxlation, corporation, company or oganizat o r
of any kind;
4. 'Private Property' means any real property In Me city which is not public properly;
S. 'Public Property' means any property owned or controlled In Me city limits by Me City of Owasso,
Tulaa County, Rogers County, Me SIGN of Oklahoma or Me United States Govemment, and shall In-
clude all streets and highways; and
6. 'Vehicle" means any device in, upon or by which any parson or property Is or may be transported
or drawn upon a highway and shall Include without Ilmilatim any automobile, truck, nailer, motomry-
cle, boat, personal water craft, navel tiller, tractor, buggy, wagon, or sell - propelled term or com it
for equipment.
7. "Impoundment- means Me physical removal of a vehicle to a designated impound lot or other
place of safekeeping designated by the city.
(Prior Code Sac. 8401)
SECTION THREE (3k
SECTION 15 -1402 P F PROVISIONS
The impoundment of vehicles under authority of the provisions of this chapter shall be construed as
an enforcement procedure for protection of the public peace, health, safety and welfare, and the
safeguarding of property, and shall be used generally for the prevention and removal of traffic haz-
ards, prevention and abatement of public nuisances, protection of Me public rights In Me use of
sheets and thoroughfares tram obstructions placed antl left In tlerogalion of Moss rlghls, and far
safeguarding and protecting recovered stolan vehicles.
(Prior Code Sac. 15 -1401)
Slate Law. Reference: Grounds for removal of vehicles on highways by state, 47 O.S. Section 955;
removal of vehicles on private property, 47 O.S. Section 954A.
SECTION FOUR (4):
SECTION 15-1403 AIfTHORITY TO IMPOUND VEHICLES
Police officers and code enforcement officers of Me city are hereby authorized within the limits set
forth in Mis chapter and Oklahoma Statutes to impound vehicles under the circumstances herainafter
enumerated. No impoundment shall be valid unless made under order of an authorized police officer
or code enforcement officer.
(Prior Code Sac, 15 -1404)
SECTION FIVE (5):
SECTION 15 -1404 V HI E ON BRIDGE
An unattended vehicle left upon any bridge, viaduct or causeway or in any tube or tunnel, where Me
vehide constitutes an obstruction 0 traffic or hazard, may be impounded.
(Prior Code Sec. 15 -1406)
SECTION SIX (S):
SECTION I5 -1405 ARREST AND DETENTION OF DRIVER OF VEHICLE
Whenever the driver of a vehicle is placed under anent and Is taken into custody by Police untler Sin
cumstances which leaves or will leave a vehicle unattended on any street, highway, or private prop.
any not befonging to, lessed by, or rented by Me driver, the vehicle will be impounded. If Me driver Is
conscious and appears mentally capable of giving consent the officer will give the driver the option
releasing normal of the vehicle to a licensed driver who is present at the me of arms- ---- -- or
who can be summoned In Me vehicles location in a time that does not unnecessarily delay the offi-
cer.
(Prior Code Sec. 15-1407)
SECTION SEVEN M.
SECTION 15 -14W ILLEGAL TRESPASS BY VEHICLE
A. An unattended vehicle found to be in violation of this code may be impounded when the required
complaint has been properly made and filed as provided in this section.
B. If a violation of the provisions of this code occurs, Me owner or legal occupant who complains
shall sign a complaint against the person parking the vehicle on the owners or legal occupants prop -
ay, or H the Identity of the Person parking the vehicle is unknown, then the complaint may be filed
against Me registered owner of the vehicle. The complaint shall be vented and shall allege that Me
complaining party is the owner or legal occupant of the property upon which the vehicle is parked or
standing.
C. Upon filing of the complaint by to property owner or legal occupant, and ff Mere appears to be
reasonable muse b believe the provisions of this code have been violated, the police department or
cede enforcement officer shall cause the vehicle to be impounded from the property and placed In
storage.
D. In addition to Me procedure provided In this section, whenever the owner or legal possessor of
real property or an authorized agent has reasonable muse to believe that a vehicle has been aban-
doned thereon, sold vehicle having been on mid property for a minimum of forty-eight (4B) hours, or
whenever a vehicle is left upon said real property without express or implied permission, such vehicle
E The owner, legal possessor or authorized agent may request any Ilranssd wrecker or,WvAng
service within Me county wherein the real property Is located to remove the abandoned vehicle from
Me promises by signing a Tow Request and Authorization Form prescribed by the Department of
Public Safety and fumished to licensed wrecker as provided in Oklahoma Statutes.
(Prix code Sec. 15 -1409)
State Law Reference ' Removal of abandoned vehicles on private property, state procedure, 47
SECTION EIGHT (8)
L Any unattended vehicle which has been Parked for more Man one hour in excess of the time allowed
by posted signage for parking on public property shall be impounded.
(Prior Code Sec. 154410)
SECTION NINE (9): VEHICLES BLOCKING FIR XIT OR HYDRANTS
Any vehicle illegally parked In such a manner that it blacks a fire escape ladder, device or exit, blocks
ready access to a fire hydrant or Is left unattended in a fire lane shall be impounded.
(Prior Code Sec. 15 -1411)
SECTIDN TEN (10):
SECTION 15 -1409 VEHICLES PARK IN INTERSECTION
Any unattended vehicle Illegally parked in any street Intersection shall be Impounded. A disabled ve-
hicle In an Information with Me person in charge of Me vehicle being present, shall be moved out of
Me intersection and to the nearest available legal parking space at he street curbing.
(Prior Code Sec. 15 -1412)
SECTION ELEVEN (11):
SECTION 15 -1410 RECOVERED STOLEN VEHICLES
A Whenever a stolen vehicle Is located by police, efforts to contact Me owner of the vehicle will be
made. If Me registered owner is idernfn, located and notified of Me recovery of Me stolen vehicle,
the owner shall be given the right to make his own arrangement for the removal of Me vehicle within
a reasonable amount of time from the time he is actually notified of its recovery. If Me owner or his or
her agent cannot be contacted in a reasonable amount of time or is contacted but is unable or unwill.
ing to effect the removal within a reasonable amount of time, Me vehicle may be impounded.
B. If a stolen vehicle is located by police and Me registered owner cannot be contacted, the regis-
tered owner cannot be determined from Me registration papers or other identt ying media in the vehi.
cle or from records or information available from reports of stolen care, the vehicle pons a safety
risk, or Me vehicle was used In the commission of a crime and it is necessary to tolled evidence, t�
vehicle may be removed by Me next available licensed wrecker or towing service on call rotation and
moved to their designated impound lot or other place of safekeeping designated by the city. The Mg-
istered owner of the vehide shall be notified of the location of Me place of impoundment es nom as
Possible by Me police department.
(Prior Cede Sec. 15-1413)
SECTION TWELVE (12):
SECTION 15 -1411 MOTOR VEHICLE IF CI L U IS ONS
A Vehicles may be impounded if the vehicle is needed for purposes of Ure investigation following a
vehicle collision involving serious personal injury or death.
B. Following motor vehicle collisions, a Pallas officer may request Impoundment when the operator is
unable or unwilling to take charge of the vehicle and the vehicle cannot be legally parked and suffi-
ciently secured at Me sane, or there is property in or attached to the vehicle that cannot be suffi-
ciently secured at Me scene or placed in the malady of a responsible pay.
SECTION THIRTEEN (13):
SECTION 15 -1412 VEHICLES NOT BEARING OR DISPLAYING PROPER I N P T
After ninety (90) days from the expfrallon date for annual registration of a vehicle, police officers may
seize and take into custody every vehicle owned within this sate not bearing or displaying a proper II-
cense plate required by the Oklahoma Vehicle License and Registration Act. The vehicle shell not
be released to the owner until It is duly registered and the license, registration, or title fee and peri
lies due are paid in full, proof of security or an affidavit Mat the vehicle will not be used on public
highways or public streets, as required by Oklahoma Statutes, is furnished, and Me cost of seizure,
including the reasonable cost of taking Me vehicle into custody and sharing the vehicle have been
paid.
Eight Law Reference Duty to seize vehicles not beading or displaying proper license plate, 47 O.S.
Section 1115.1.
JUNKED, DON
QLEE LOCATED ON PRIVATE PROPER
A. Any police officer of Me city or code enforcement officer of the city, a
nomination sat forth, have Me authority to remove or direct the remc
abandoned or inoperable vehicle when same Is found upon private prof
its of the city.
B. The police officer or one enforcement officer, m may be deslgnati
notily Me owner, as evidenced by the records of Me Slate DePatmE
abandoned, junked, unserviceable, inoperable or dismantled vehicle, a
receipt requested, or by personal service, or by attaching a copy of Me t
on Me property to be removed, and H Mere as a building notetl an the
of Me notice to Me main entranceway of the building In a conspicuous
also be given by service of same on a parson in preseason or control (
see, custodian or licensee over Me age of fifteen (15) years or upon V
fifteen (15) years of age or older. The notice shall contain Me following ii
1. The nuisance must be abatetl within forty-eight (48) hours after rex
or within forty -eight (48) hours of posting of notice or upon personal s
vided;
2. The owner or person having control of Me property upon which ti
within the forty -eight (48) hour period provided for in Me notice for rer
rested to the code enforcement officer of the city, a hearing before Me ch
3. The failure to request a hearing within Me Mme period shall cause i
sued! and Me same shall be removed by the proper city authorities at
necessary to Me removal thereof shall be charged to Me owner or Me
property;
4. If a hearing as some provided Is requested within the time provided,
Me city council not less Man (5) days nor more Man (15) days from the
owner may appear and protest and show muse why such abatement
and
5. If the city council determines a nuisance exists and If the city count
the hearing provided herein, the same shall be removed by Me city at
Person having control ot the property upon which Me nuisance Is locate
low, the owner or person having combat thereof seventy-two (72) hours
to abate Me nulamm.
C. Upon failure of Me owner of the vehicle or Me owner, lessee or perst
arty, on which Me vehicle is located to request a homing within Me time
preceding subsection, or to remove Me vehicle or in place it In an ex
have the right to abate Me nuisance forthwith without further notice or Mm
D. If such owner, lessee or person in control of the property requests a
vided and appears to protest at the hearing provided and is ordered to
hearing, then such owner, lessee or parson having control of the prop
seventy-tyro (72) hours of Me ruling.
E The city manager, H same is not abaMd within seventy-two (72) ham
shall direct the cede enforcement officer, to cause the removal end abet
reasonable costs and charges for the removal of Me nuisance shall be c
or Person in control of the property upon which the vehicle is located.
F. The owner of any vehicle so removed may regain possession thereof
tale enforcement officer within thirty (30) days after removal and upon
storable costs of removal and storage wMledaldi f have named to such
so reclaimed lMin thirty (30) days, it may be sold without further notice
manner. After payment of towing and storage costs, all funds remaining
the city.
(Prior Code 8106)
SECTION TWENTY-ONE (21)•
SECTION 15-1420 EL&QE Or IMPO NDM NT
Vehicles that are impounded under the provisions of this chapter shall
next available licensed wrecker or towing service m ill rotation to We
other place of safekeeping designated by Me city. Exigent clrcumsmna
rowal and storage of Me vehicle by other means.
(Prior Code Sec. 15 -1402)
SECTION TWENTY -TWO (22):
SECTION 15 -1421 NIODGEOFFIEMOV AL
Any such officer who has removed or directed lbe removal of any vehit
within the police department, shall within seventy -two d,2) hours of su
hone Department of Public Safety of such removal. The notice of rem
and address of the owner, if known, me make, model, vehicle identifimtid
beq data store, place stored and the officers estimated value. Upon
moval, Me Department of Public Safety is required by Oklahoma Slat
owner and any penholder by regular mail, postage prepaid,. at Me, adds
Commission or motor license agent, of Me vehicle's location.
SlateLawRelerence Notice of removal —civil liability, 47 O.S. Section 9
SECTION TWENTY -THREE (22):
SECTION 15 -1422 PAYMENT OF COST OF REMOVAL AND STORAGE
The owner of a motor vehide or lienholder of the vehicle in violation of tic
or the owner of any vehicle or lienholder of Me vehicle or insurer accepli .
on a vehicle or purchasing the vehicle m a total loss vehicle from me r
have been lawfully removed from any highway or other public properly rt
vehicle in accordance with regulations of Me Oklahoma Department of
of the reasonable cost of removal and storage of such vehicle to the Iicer
ice. The licensed wrecker or towing service is authorized to collect all la
wholder that seeks possession of a vehicle under a security imerm, a,
ability for paying the claim for a vehicle or purchasing Me vehicle w a to
istered owner of me towed vehicle for Me performance of any and all a
wrecker or towing service shall release the vehicle from storage upon ai
agent or Ilenholder of the vehicle or in Me case of a total loos, Me Insurer
me claim an Me vehicle or purchasing the vehicle where the vehicle is s
pool yam for sale.
crate Lw Reference' Payment of cmt al removal and storage, 470.S. E
SECTION TWENTY-FOUR (24):
SECTION 15 -1423 CONTESTING VALIDITY OF REMOVAL OR STORA
A. After Me removal or storage of any abandoned or wrecked vehicle at
car or code enforcement officer of the city. the registered or legal owner (
may contest me validly, of the removal or storage, by filing a written to
city manager. The written request may be filed before or after the vehic
age operator. Provided, however, Me city shall not be required to mndu
warned more Man ten (10) days follovnng actual or constructive notim I
vehicle that said vehicle has been so removed or stored. Any such head)
seventy-two (72) hours of Me request, excluding weekends and holidays
own officer or employee to conduct the hearing, an long as the hearing of
who directed Me removal or storage of the vehicle. The city may, with it
questing Me hearing. schedule Me hearing by telephone and conduct 0
telephone conference cell.
B. The hearing officer shall apply Me law to the evidence and make a df
rude removal and storage was justified. If deemed unjustified, the city sl
and tow mileage, and the Iicenaed wrecker or tow service shall waive all
as a condition of eligibility to respond to a service call request from Me
agent shall not be charged any type of fee or costs relating to impoundm
H the tow and storage is deemed justfed, the owner or agent shall beat
and storage. In either mss, prior to the alemse of the vehicle to the own,
or an affidavit Mat the vehicle will not be unit on public highways or pub
to the dry.
C. Failure of either Me registered or legal owner, or their agent, to timety
upon a scheduled hearing shall satisfy Me hearing requirements in this se
D. The hearing conducted by Me city pum and to this section shall not b
ira0ve Procedures Act, Section 301 M seq. of Tile 75 of the Oklahoma
storetl vehicle may, eitlter in lieu of such hearing or after such heading,
court of the county wherein the vehicle is stored. The district mud is ve:
to conduct a tie novo hearing and determine Me validity of removal and at
E. The provisions A this section shall not apply to the removal of vehid
Hon 954A of THIe 47 of the Oklahoma Statutes.
State Law Reference: Contesting validly or removal or storage — toque,
Von 903A.
SECTION TWENTY-FIVE (R5):
SECTION 15 -1424 PENALTY
Any person, firm or corporation violating any of the provisions of this d1
thereat be punished as provided in Section 1 -106 of this one.
(Prior Code Sec. a 08)
BECIION7WENTY49X(26): REPEALER
A. All ordinances, or parts of ommances, in conflict with Mis ordinance
extent of Me conflict only.
SECTION TWENTY-SEVEN (27): SEVERADUN
B. If any part or pads of Mis ordinance are deemed unconsfitutional, it
malning potion shall not be affected but shall remain in lull force and effec
SECTION TWENTY41GHT(28): DECLARING AN EFFECTIVE DATE
C. The provisions of this ordinance shall become effective Midy, (30) my
sage as provided by state law.
SECTION TWENTY- MNE(2S): CODIFICATION
D. The City of Owasso Code of Ordinances is hereby amended by ame
Chapter 14 of Pan 15 of Me Code to be codffied In Pad 15, Chapter 14, e
15-1424.
PASSED by the City Council of the City of Owasso, Oklahoma on the ISM d
/a/
ATTEST:
/s/Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form
Is/Julie Lombardi, City Attorney
SECTION FOURTEEN (14):
SECTION 15141 IMPOUNDMENT OF VFHOI ES FOR EVIDENCE
A. Any vehicle may be impounded if there is probable cause that the vehicle was used as an instru-
ment in a crime and the vehicle Is netted as evidence of the crime, or the vehicle contains evidence
of a crime that cannot be processed at the scene and must be secured to ensure evdenfiary mleg-
rky.
B. A hold may be placed an any vehicle impounded for evidence for forty -eight (48) hours. Holds
netted beyond the forty-eight (48) hour time period require that a written request be made to the li-
censed wrecker or towing service to extend the hold. Only a police supervisor can authorize a hold
on a vehicle for evidence.
SECTION FiF1EEN (18):
SECTION 15 -1414 SEIZURE AND FORFEITURE OF VEHICLES
A. Any police officer of the city Is authorized to seize any vehicle owned by or registered to the de
ferdant used in Me commission of any armed robbery offense, as defined in Oklahoma Stalutos, or
any vehicle owned by or registered to the defendant when such vehicle Is used to facilitate the inlen-
tlonal discharge of any kind of firearm, as defined In Oklahoma Statutes, or any vehicle, airplane,
vessel, vehicles or parts of vehicles whose numbers have been removed, atered or obliterated so as
to prevent determination of the true Identity or ownership of add property and parts of vehicles which
probable cause indicates are stolen but whose true ownership cannot be determined, or any vehicle
owned by or registered to the defendant used In violation of the Trademark An &Countmehing Act, or
any equipment owned by or registered to the defendant which is used in the attempt or commission
of any act of burglary in Me first or second degree, motor vehicle hurt, unauthorized use of a vehicle,
obliteration of distinguishing numbers on vehicles or criminal possession of vehicles with altered, re-
moved or obliterated! numbers as defined in Oklahoma Shames, or any vehicle, airplane or vessel
owned by or registered to the defendant used in the commissam of any arson offense defined in
Oklahoma Statutes. Said property may be held as evidence until a forfeiture has been declared or a
release ordered. Forfeiture actions under this section may be brought by the district attorney in the
proper county of venue as petitioner; provided, In the event the district attorney elects not to file such
action, or fails to file such action within ninety (90) days of the data of the seizure of such equipment,
the property shall be returned to the owner.
S. In addition to the provisions of subsection A of this section, vehicles may be seized for any other
reason allowed In Oklahoma Starnes.
State Law Reference, Seizure and forfeiture of vehicles, airplanes, and other property used In crime
- procedure, 47 O.S. Section 1738.
SECTION SIXTEEN (18):
SECTION 15 -1415 ABANDONED JUNKED VEHICLES PROHIBITED
No person shall deposit, store, keep or pemrit to be deposited, stored or kept in the open upon public
or private property a dismantled, unserviceable, inoperable, Junked or abandoned vehicle or parts
thereof or any vehicle legally or physically incapable of being operated for a period exceeding
forty -eight (48) hours unless such vehicle, or parts thereof, is completely enclosed within a building,
or stored in connection with a business lawfully established pursuant to the zoning ordinances of Me
city, or stored on property lawfully designated under the zoning ordinances of the city as a place
where such vehicles may be stored.
(Prio( Code 8402)
SECTION SEVENTEEN (17)
The accumulation or storage of one or more dameark d, junked, abandoned, InopereGe or unserv-
iceable vehicles or pads thereof shall constitute a nuisance detrimental to the health, safety and wel-
fare of the inhabitants of Me city. It is the duty of the owner of such vehicles or parts Mered, or the
owner of the private property, lessee or other person in possession or control of the property upon
which such vehicle Is located to remove the vehicle from such property or have the vehicle housetl in
a building where it will not be visible from the street or other private property.
(Prior Code 8-403)
SECTION EIGHTEEN (ION
SECTION I5 -141] VEHICLES OBSTRUCTING TRAFFIC OR HIGHLY SUscEpTinti F TOO k O
If a police officer of the city or Me cotta enforcement officer of the city has reasonable cause to be,
Have that a vehicle has been abandoned in a location which would be hazardous to the hee flow of
traffic, such officer shall have the authority to remove or direct me removal of the vehicle maned.
ately. At the time of ordering the removal of the abandoned vehicle, the authorizing officer shall also
determine the sale value of the vehicle and certify that amount on the removal order.
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: SCOTT CHAMBLESS
DEPUTY CHIEF OF POLICE
SUBJECT: ORDINANCE NO. 895
REMOVAL, TOWING, AND STORAGE OF VEHICLES
DATE: June 6, 2007
BACKGROUND:
The Owasso Police Department has been undergoing the process of updating the
department's Policy and Procedure Manual for the purpose of improving operations,
reducing liability, and achieving accreditation through the Oklahoma Association of
Chiefs of Police. One of the policies recently selected for development was a Vehicle
Impoundment Policy. Research conducted for this policy revealed that the current City
ordinances lacked certain provisions and language that allowed for the range of options
commonly used in law enforcement for the impoundment of vehicles.
In order to ensure that the property of citizens is protected and that officers have the
means to impound vehicles for legitimate law enforcement purposes, a new ordinance
was drafted by members of the department. Court decisions have made it clear that in
order for an impoundment to legally occur, their must be a law or regulation that permits
the impoundment. The proposed ordinance, in combination with State Law, would satisfy
this legal requirement.
PROPOSED CHANGES:
Ordinances governing the impoundment of vehicles are currently found in Chapter 4
Section 8 -401 through Section 8 -408 and Chapter 14 Section 15 -1401 through Section
15 -1414. The proposed ordinance combines the ordinances found in Chapters 4 & 14.
The proposed ordinance, if approved would be detailed in Chapter 14 Section 15 -401
through Section 15 -1424. Table 1.1 details significant changes or deletions to the current
ordinances. Table 1.2 details provisions that have been added and are not part of the
current ordinances.
Staff believes that this ordinance creates a needed balance between the interest of citizens
and their property and the need for lawful impoundment of vehicles. Staff further
believes that the proposed ordinance may reduce the potential for future civil litigation in
regards to vehicle impoundments.
Table 1.1
Current Ordinances Chapter/Section
Proposed Changes/Deletions
Chapter 4 Section 8 -401 "Definitions"
Moved to Chapter 14 Section 15 -1401
Adds definitions for lien- holder and impoundment.
Changes the definition of "vehicle" to include boats
& personal watercraft.
Chapter 4 Section 8 -402 "Abandoned, Wrecked
Moved to Chapter 14 Section 15 -1415
Autos Prohibited"
Language not changed.
Chapter 4 Section 8 -403 "Nuisance"
Moved to Chapter 14 Section 15 -1416
Minor language changes.
Chapter 4 Section 8 -404 "Immediate Removal of
Moved to Chapter 14 Section 15 -1417
Vehicle Obstructing Traffic"
Paragraph A of the current ordinance remains the
same. Paragraph B has been deleted.
Chapter 4 Section 8 -405 "Removal of Dismantled,
Moved to Chapter 14 Section 15 -1418
Junked, Abandoned, or Inoperable Vehicles from
Paragraph A of the current ordinance remains the
Public Property"
same. Para a h B has been deleted.
Chapter 4 Section 8 -406 "Removal of Dismantled,
Moved to Chapter 14 Section 15 -1419
Junked, Abandoned, or Inoperable Vehicles from
Paragraphs A -F of the current ordinance remains the
Private Property"
same. Paragraph E has been deleted.
Chapter 4 Section 8 -407 "Owner May Regain"
Has been deleted. An appeals process as defined by
State Law has been added and is located in Chapter
14 Section 15 -1423.
Chapter 4 Section 8 -408 "Penalty"
Has been moved to Chapter 14 Section 15 -1424
Language not changed.
Chapter 14 Section 15 -1401 "Purpose and Effect of
Has been moved to Chapter 14 Section 15 -1402.
Impoundment Provisions"
Language not changed.
Chapter 14 Section 15 -1402 "Place of
Has been moved to Chapter 14 Section 15 -1420
Impoundment'
Changes language to replace City Council
designated storage locations with licensed wreckers
and impound lots.
Chapter 14 Section 15 -1403 "Duration of
Language has been deleted.
Impoundment"
Chapter 14 Section 15 -1404 "Police Granted
Moved to Chapter 14 Section 15 -1403
Authority to Impound Vehicles"
Language adds Code Enforcement Officer and
refers to Oklahoma Statutes.
Chapter 14 Section 15 -1405 "Disabled Vehicles"
Language has been deleted.
Chapter 14 Section 15 -1406 "Vehicles on Bridge"
Has been moved to Chapter 14 Section 15 -1404
Language not changed.
Chapter 14 Section 15 -1407 "Arrest and Detention
Has been moved to Chapter 14 Section 15 -1405
of Driver of Vehicle"
Language changed to better define the
circumstances that permit impoundment incident to
an arrest. Expands impoundments to any private
property not owned, leased, or rented by the
arrestee. Allows for the release of a vehicle to a
licensed driver.
5
Chapter 14 Section 15 -1408 "Vehicle Constitutes
Moved to Chapter 14 Section 15 -1417
Traffic Hazard"
Replaced with language from paragraph A of
Chapter 14 Section 15 -1411 "Motor Vehicle
Chapter 4 Section 8 -404 of current ordinance.
Chapter 14 Section 15 -1409 "Illegal Trespass by
Moved to Chapter 14 Section 15 -1406
Vehicle"
Section A & B no changes, section C language adds
code enforcement; Section D & E added which
include provisions for timelines & Tow Request
forms prescribed by the Department of Public
Chapter 14 Section 15 -1412 "Vehicles not Bearing
Safety.
Chapter 14 Section 15 -1410 "Vehicle Parked
Moved to Chapter 14 Section 15 -1407
Overtime"
Adds lan uage that requires posting of time limits.
Chapter 14 Section 15 -1411 "Vehicles Blocking
Moved to Chapter 14 Section 15 -1408
Fire Exits or Hydrants
Language changed to include impounding vehicles
left unattended in fire lanes.
Chapter 14 Section 15 -1412 "Vehicles Parked in
Moved to Chapter 14 Section 15 -1409
Intersection"
Language not changed.
Chapter 14 Section 15 -1413 "Stolen Vehicles
Moved to Chapter 14 Section 15 -14 10
Recovered by Police"
Paragraph A change that eliminates time limits for
of Vehicles Used in a Crime"
locating owners -- requires officer to make
reasonable attempts to contact owner; Paragraph B
changed to address safety risk and impounding for
evidentiary purposes.
Chapter 14 Section 15 -1414 Vehicles with
Language deleted.
Outstanding Traffic Citations"
Table 1.2
Proposed Ordinance Chapter /Section
Proposed Additions not Found in Current
Ordinances
Chapter 14 Section 15 -1411 "Motor Vehicle
Paragraph A permits impoundment for investigation
Collisions"
of collisions involving serious injury or death;
Paragraph B allows impoundment if the owner
cannot/will not take charge of the vehicle, the
vehicle cannot be legally parked or if the vehicle
cannot be secured at the scene.
Chapter 14 Section 15 -1412 "Vehicles not Bearing
Models State Law in that officers may impound a
Proper License Plate"
vehicle if the license plate is expired 90 days or
more.
Chapter 14 Section 15 -1413 "Impoundment of
Paragraph A allows impoundment if the vehicle is
Vehicles for Evidence"
needed as evidence or evidence is in the vehicle that
cannot be obtained at the time of seizure; Paragraph
B limits the time a vehicle can be held for
evidentiary purposes to 48 hours and limits
authority to place holds to supervisors only.
Chapter 14 Section 15 -1414 "Seizure and Forfeiture
Paragraph A models State Law in allowing vehicles
of Vehicles Used in a Crime"
to be seized/impounded for forfeiture proceedings
for certain classifications of crimes; Paragraph B
allows impoundment for anything permitted by
State Law.
Chapter 14 Section 15 -1421 "Notice of Removal'
Models State Law in requiring the Police
Department to notify the Oklahoma Department of
Public Safety within 72 hours of impounding a
vehicle.
Chapter 14 Section 15 -1422 "Payment of Cost of
Models State Law in placing the burden of payment
Removal and Storage"
for removal and storage of vehicles, for reasons
allowed under law, on the owner of the vehicle.
Chapter 15 Section 15 -1423 "Contesting Validity of
Paragraphs A -E model State Law and describe in
Removal or Storage"
detail processes for contesting impoundments.
RECOMMENDATION:
Staff recommends Council adoption of Ordinance No. 895.
ATTACHMENTS
1. Ordinance No. 895
2. Current City Ordinance- Chapter 4 Section 8 -401 through Section 8 -408
3. Current City Ordinance- Chapter 14 Section 15 -1401 through Section 15 -1414