Loading...
11-10621 Towing and Storage of Vehicles(Published in the Salina Journal on October5.12011.) ORDINANCE NUM13EIZ 11-10621 AN ORDINANCE AMENDING CHAPTER 38, ARTICLE 111 OF THE SALINA CODE BY ADDING DIVISION 2 PERTAINING TO TOWING AND STORAGE OF VEHICLES AND REPEALING EXISTING SECTION 38-43. a w 13E IT ORDAINED by the Governing Body ofthe city of Salina, Kansas: ' a Section 1. That new Sections 38-50 through 38-59 are adopted and shall be codified as Division 2 of Chapter 38, Article III of the Salina Code, as follows: U "DIVISION 2- TOWING AND STORAGE OF VEHICLES Sec. 38-50. Authority to tow or impound without notice to owner. Any police officer is authorized to have removed and towed away by commercial towing service to an impound lot or other safe place designated by the city, without notice to the owner or lawful custodian of such vehicle, all vehicles found under any of the following circumstances: (1) When any vehicle upon a street is so disabled or unattended so as to constitute an obstruction to traffic and the person or persons in charge of the vehicle cannot safely operate the vehicle or are unable to provide for its timely removal; (2) When any vehicle is parked in such a manner as to constitute a hazard or obstruction to the safe movement of traffic; (3) When any vehicle creates an emergency situation in which damage to property or personal injury is likely to occur if the vehicle is not removed; (4) When the operator of any vehicle is arrested and taken into custody by the police department and such vehicle would thereby be left unattended and create a hazard or obstruction to the safe movement of traffic; (5) When any vehicle is found being driven on the streets and is not in proper or safe condition to be driven and cannot be safely removed by the owner or operator; (6) When the driver is injured in an accident and is unable to provide for its removal; (7) When any vehicle has accumulated three (3) or more parking citations under Section 38-45 of this Code and the fines are more than thirty (30) days past due; (8) When any vehicle is reported or determined to be stolen and is recovered; (9) When any vehicle is subject to seizure as evidence in a criminal prosecution; or (10) When any vehicle is subject to seizure or forfeiture under the laws of this state or federal law. Sec. 38-51. Public nuisance vehicles. (a) A vehicle is declared to be a public nuisance and any police officer or other authorized city employee may cause such vehicle to be removed and impounded under the following circumstances: (1) Whenever any unoccupied or inoperable vehicle is left parked continuously upon any street of the city for forty-eight (48) hours or more. ']'he provisions of this section may not be defeated by a mere location change of any offending vehicle on the same side of the street within the same block; ' (2) When any unoccupied vehicle is found parked in or upon any regularly designated parking space, or in or upon any street, sidewalk or alley in violation of any of the provisions of this chapter or any other traffic ordinance of the City; (b) Vehicles subject to being towed under this Section that do not constitute an obstruction to the safe movement of traffic or create an emergency situation in which damage to property or personal injury is likely to occur if the vehicle is not removed, shall not be removed without either: (1) Personally notifying the owner of the violation and giving the owner a reasonable time to move said vehicle or pay all outstanding tines; or -19: (2) Placing on its windshield or in another prominent location a sticker or placard indicating the vehicle is in violation of this chapter and that it will be removed at the owner's cost after forty-eight (48) hours from the time the sticker or placard was attached to the vehicle. The sticker or placard shall include such other information as the chief of police determines is necessary. a w Sec. 38-52. Personal property in towed vehicles. 9 The owner of a vehicle towed pursuant to this chapter shall, upon demonstrating proof of p title or registration, be given access to all personal property in the vehicle for a period of forty-eight (48) hours after the vehicle has been towed. Personal property shall be released to the owner during this period at no charge. No towing contractor shall prohibit or refuse to allow the owner of a vehicle towed pursuant to this chapter to retrieve medicine or other medical supplies from the towed and stored vehicle at any time. Sec. 38-53. Notice to law enforcement and holder(s) of security interest. (a) When any vehicle is towed other than by order of the police department and without the prior consent and authorization of the vehicle owner or operator, the individual or company towing the vehicle shall report to the police department, by email, telephone or fax the following information within two (2) hours of the tow: (1) All vehicle identification information including the year, make, model, color and style of the vehicle; the' license plate number and state; and the Vehicle Identification Number (VIN); (2) The address from which the vehicle was towed or, if there is no address, a detailed description of the location from which the vehicle was towed; (3) The name, address and phone number of the individual or company that towed the vehicle; (4) The date and time the vehicle was towed; (5) The name, address and phone number of the owner of the towed vehicle; ' (6) The name, address and phone number of any holder(s) of a security interest in the towed vehicle; and (7) In the event any of the above information is not included in the email, an explanation regarding why the information has not been included. (b) Upon the towing of any vehicle pursuant to this chapter, the individual or company towing the vehicle shall report the location of the vehicle to the readily identifiable holder(s) of a security interest therein within five (5) business days of the removal and storage of the vehicle. Sec. 38-54. Notice after impoundment. If reasonably possible, whenever any motor vehicle is towed and impounded pursuant to this chapter, notice shall be given to the owner or person entitled to custody of the motor vehicle that (1) such vehicle has been towed and impounded; (2) the reasons for the tow; (3) how the vehicle may be recovered, including the right to a hearing as set out in Section 38-56; and (4) that unless the owner takes action within thirty (30) days from the date of receipt or the notice, proceedings may be instituted to sell the motor vehicle. Sale shall be pursuant to Kansas law to cover any costs accrued as a result of the towing and impounding. When feasible, the notice.shall be provided to the owner or person entitled to custody of the motor vehicle at the time the motor vehicle is towed and the officer providing the notice shall obtain written acknowledgment of receipt of the notice. If notice cannot be provided to the owner or person entitled to custody of the motor vehicle at the time the motor vehicle is towed, notice shall be made by certified mail with return receipt requested. Notice by certified mail shall be mailed to the owner of vehicles displaying Kansas registration plates no later than close of business of the second business day after the towing. The notice shall be mailed to the owner of vehicles not displaying Kansas registration plates no later than close of business of the second business day after ownership is determined. The police department shall use reasonable diligence in determining the titled or registered owner of the vehicle. ru' (b) A hearing for the purpose of determining the validity of the tow shall be held by the municipal court within seven (7) working days after such hearing is requested. The time of the hearing shall be set by the clerk of the municipal court. (c) Pending the hearing, the owner or person lawfully entitled to custody of any vehicle impounded pursuant to this chapter may retrieve the impounded vehicle upon posting bond with the clerk of the municipal court in the amount of the towing charges, storage fees and, if applicable, parking fines. Upon showing to the commercial tow service proof of the posting of the bond, the motor vehicle shall be released immediately. If a bond is not posted, the vehicle shall remain in storage until the requested hearing is held. (d) If the municipal court judge determines the vehicle was lawfully towed pursuant to this chapter, then all charges shall be paid by the owner or person lawfully entitled to custody of the vehicle. The charges may be paid for partly or in whole -by the bond, if posted, and any surplus bond money shall be returned. (e) If the municipal court judge determines the vehicle was not lawfully towed pursuant to this chapter, the municipal court judge shall order the immediate release of the vehicle to its lawful owner without costs, and any bond posted shall be returned. (1) Should any owner or person lawfully entitled to custody of an impounded vehicle post bond but fail to appear after being notified of the time for the hearing, the bond shall be forfeited. Sec. 38-57. Contracts for towing and storage — request for proposal process. (a) The city may, after a competitive request for proposal process, contract for the towing and storage of vehicles. Upon notification by the city of its request for proposals, all Sec. 38-55. Recovery procedures. (a) All motor vehicles towed and impounded pursuant to this chapter shall be surrendered to the owner or person entitled to custody of the vehicle subject to the provisions of subparagraph (b) herein, upon presentation of the following to the towing contractor where the vehicle is impounded: w (1) Proof of ownership of the vehicle by lawful title or other proof of lawful = entitlement to the vehicle; B (2) Proof of liability insurance on the vehicle as required by the laws of the state of ' Kansas; (3) Proof of current registration of the vehicle as required by the laws of the state of Kansas; (4) Payment of all storage charges and towing fees incurred in the towing and impounding of the vehicle unless otherwise relieved of that requirement by application of the hearing provisions set forth section 38-56 and payment of all parking fines. (b) Should a person seeking release of a motor vehicle impounded pursuant to this chapter fail to present proof of current registration and/or proof of insurance, the vehicle will not be released to be driven away from the impound lot, but the vehicle shall be released to be towed from the tow lot if proof of ownership is shown and all storage charges, towing charges, and parking fines are paid. (c) Vehicles towed pursuant to subsection (10) of Section 38-50 shall be disposed of pursuant to the Kansas Standard Asset Seizure and Forfeiture Act, K.S.A. 60-4101 et. seq. and amendments thereto. See. 38-56. blearing procedures. (a) Owners or persons entitled to the lawful custody of motor vehicles impounded pursuant to this chapter who wish to contest the validity of the motor vehicle tow may request a hearing for such purpose by notifying the clerk of the municipal court in writing. The request shall state the grounds upon which the person requesting the hearing believes the impoundment invalid or unjustified. Absent exigent circumstances, such request must be made no later than five business days from receipt of the notice of impoundment. (b) A hearing for the purpose of determining the validity of the tow shall be held by the municipal court within seven (7) working days after such hearing is requested. The time of the hearing shall be set by the clerk of the municipal court. (c) Pending the hearing, the owner or person lawfully entitled to custody of any vehicle impounded pursuant to this chapter may retrieve the impounded vehicle upon posting bond with the clerk of the municipal court in the amount of the towing charges, storage fees and, if applicable, parking fines. Upon showing to the commercial tow service proof of the posting of the bond, the motor vehicle shall be released immediately. If a bond is not posted, the vehicle shall remain in storage until the requested hearing is held. (d) If the municipal court judge determines the vehicle was lawfully towed pursuant to this chapter, then all charges shall be paid by the owner or person lawfully entitled to custody of the vehicle. The charges may be paid for partly or in whole -by the bond, if posted, and any surplus bond money shall be returned. (e) If the municipal court judge determines the vehicle was not lawfully towed pursuant to this chapter, the municipal court judge shall order the immediate release of the vehicle to its lawful owner without costs, and any bond posted shall be returned. (1) Should any owner or person lawfully entitled to custody of an impounded vehicle post bond but fail to appear after being notified of the time for the hearing, the bond shall be forfeited. Sec. 38-57. Contracts for towing and storage — request for proposal process. (a) The city may, after a competitive request for proposal process, contract for the towing and storage of vehicles. Upon notification by the city of its request for proposals, all Mi. (b) The chief of police shall have the authority to establish minimum quality standards for any commercial towing and vehicle storage contractor that contracts with the city. The minimum quality standards established by the chief of police may include, but shall not be limited to, the towing contractor's hours of operation; maintenance of storage facilities; security and lighting mechanisms; vehicles and equipment; and required insurance policies. All minimum quality standards shall be identified in the contract between the city and the towing contractor. (c) The city may contract with one (1) or more towing and storage companies. If the city elects to contract with more than- one (1) company, a rotation schedule shall be administered in accordance with Section 38-59. Sec. 38-58. Contracts and maximum rates. (a) Upon completion of the request for proposal process, the city manager will choose one (1) or more service providers to enter into a contract with the city to provide towing and storage services in accordance with this chapter. Based upon the maximum rates for towing service and storage fees submitted by the service providers applying to contract with the city, the city shall establish the maximum rate a contractor may charge for towing service and storage fees in accordance with K.S.A. 8-1103, as amended. Such maximum rates shall be published in the city's comprehensive fee schedule. No fees may be charged by a contractor for services not listed in the comprehensive fee schedule without the written consent of the chief of police. The city shall not be responsible for unpaid towing or storage charges except as agreed to in writing by the chief of police. (b) Upon the award of a contract under subsection (a), the contractor shall file with the city clerk a list setting out the name and location of each of the contractor's vehicle storage locations. Sec. 38-59. Rotation tow list. In the event that the city contracts with more than one (1) towing and storage service provider, the police department shall implement a rotational procedure that fairly utilizes the services of each service provider under contract with the city. ' Sec. 38-60. Suspension or termination of contract. The city manager is authorized to suspend or terminate the contract with a towing and storage service provider if the contractor violates the terms of its contract with the city, the minimum quality standards established by the chief of police, or fails to perform towing and storage services in a manner consistent with its proposal and the selection criteria set forth in section 38-57. Any determination of the city manager relating to the status of a contract with a towing and storage service provider shall be subject to appeal to the governing body upon written notice to the city clerk received in the office of the city clerk no more than ten days following notification to the service provider of the city manager's action relating to the contract. interested and eligible service providers shall submit an application, including its proposed maximum rate for towing service and storage fees as specified in the request. The award of a contract Por towing and storage of vehicles shall be based on, but not limited to, the following factors: z (1) The amount of the proposed maximum rate for towing service and storage fees to w which the service provider is willing to commit for no less than one year; N (2) The bidder's technical skill, experience, and sound business practices in providing towing and storage services; (3) The bidder's previous conduct and performance when towing/impounding vehicles for the city, as relates to integrity, promptness, skill, efficiency, and ability to maintain satisfactory working relationships with vehicle owners; (4) The bidder's existing availability of equipment, facilities and personnel well-suited for providing towing and storage services or the bidder's demonstrated financial ability and willingness to immediately expand or improve available equipment, facilities and personnel if awarded a contract for towing and storage services with the city; and (5) The bidder's ability to meet the minimum quality standards established pursuant to this section. (b) The chief of police shall have the authority to establish minimum quality standards for any commercial towing and vehicle storage contractor that contracts with the city. The minimum quality standards established by the chief of police may include, but shall not be limited to, the towing contractor's hours of operation; maintenance of storage facilities; security and lighting mechanisms; vehicles and equipment; and required insurance policies. All minimum quality standards shall be identified in the contract between the city and the towing contractor. (c) The city may contract with one (1) or more towing and storage companies. If the city elects to contract with more than- one (1) company, a rotation schedule shall be administered in accordance with Section 38-59. Sec. 38-58. Contracts and maximum rates. (a) Upon completion of the request for proposal process, the city manager will choose one (1) or more service providers to enter into a contract with the city to provide towing and storage services in accordance with this chapter. Based upon the maximum rates for towing service and storage fees submitted by the service providers applying to contract with the city, the city shall establish the maximum rate a contractor may charge for towing service and storage fees in accordance with K.S.A. 8-1103, as amended. Such maximum rates shall be published in the city's comprehensive fee schedule. No fees may be charged by a contractor for services not listed in the comprehensive fee schedule without the written consent of the chief of police. The city shall not be responsible for unpaid towing or storage charges except as agreed to in writing by the chief of police. (b) Upon the award of a contract under subsection (a), the contractor shall file with the city clerk a list setting out the name and location of each of the contractor's vehicle storage locations. Sec. 38-59. Rotation tow list. In the event that the city contracts with more than one (1) towing and storage service provider, the police department shall implement a rotational procedure that fairly utilizes the services of each service provider under contract with the city. ' Sec. 38-60. Suspension or termination of contract. The city manager is authorized to suspend or terminate the contract with a towing and storage service provider if the contractor violates the terms of its contract with the city, the minimum quality standards established by the chief of police, or fails to perform towing and storage services in a manner consistent with its proposal and the selection criteria set forth in section 38-57. Any determination of the city manager relating to the status of a contract with a towing and storage service provider shall be subject to appeal to the governing body upon written notice to the city clerk received in the office of the city clerk no more than ten days following notification to the service provider of the city manager's action relating to the contract. Section 2. That Section 38-43 of the Salina Code is hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. w Introduced: Octob t 10, 2011 A Passed: O t er 24, 2011 Samantha P. Angell, Mayor [SEAL.] ATTI]ST: Lieu Ann Elsey, C� Clerk n