HomeMy WebLinkAbout09/15/2014ORDINANCE COMMITTEE
September 15, 2014
4:50 p.m.
Harold E. Getty Council Chambers
Roll Ca11: Members: Chairperson Mayor Pro Tem
All Council Members
Approval of Agenda, as proposed.
NEW BUSINESS
1. Enactment of Ordinance Title 6, Chapter 6 — Impoundment of Motor
Vehicles by Departments other than Police -Submitted by Daniel Trelka,
Director of Safety Services.
ADJOURNMENT
Suzy Schares, CMC
City Clerk/Human Resource Director
CITY OF WATERLOO
Council Communication
City Council Meeting: September 15, 2014
Prepared: September 9, 2014
Dept. Head Signature: Daniel J. Trelka -+ -
# of Attachments: 1
SUBJECT: Enactment of Ordinance Title 6, Chapter 6 (IMPOUNDMENT OF
MOTOR VEHICLES BY DEPARTMENTS OTHER THAN POLICE)
Submitted by: Daniel J. Trelka, Director of Safety Services
Recommended City Council Action: Approve ordinance
Summary Statement: With the submission of the proposal of the ordinance for the police to
seize and impound motor vehicles, deficiencies in the process for other departments to impound
vehicles were recognized. In particular, the towing of vehicles during snow emergencies and
vehicles abandoned in city parking lots/ramps. Several ordinances are in place that provides
departments other than police the authority to have vehicles towed under these circumstances.
However, there was no consolidated process to provide efficiency in doing so. This proposed
ordinance provides that consolidated process.
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Title 6 — Motor Vehicles
Chapter 6 — IMPOUNDMENT OF MOTOR VEHICLES BY DEPARTMENTS OTHER THAN
POLICE.
6-6-1: STATEMENT OF POLICY: It is the policy of the City of Waterloo that motor vehicles
shall be subject to impoundment in the following circumstances, in accordance with the
procedures set forth in this chapter:
A. The motor vehicle is parked in any city -owned parking lot or ramp in the City of Waterloo for
a continuous period of more than 48 hours, as provided in Section 273 of the City of Waterloo
Traffic Code.
B. The motor vehicle is parked on a designated Priority One Snow Removal Route during a
Snow Removal parking ban, as provided in Section 310 of the City of Waterloo Traffic Code.
6-6-2: SUMMONS: The issuance of a summons (Parking Violation & Information) for a vehicle
found parked illegally under this chapter is discretionary. If it is determined that a summons be
issued, it may be issued by city personnel other than police officers, as authorized by Sections
272 and 310 of the City of Waterloo Traffic Code.
6-6-3: PROCEDURE: Prior to the towing and impoundment of a vehicle under this chapter, the
following procedures must be followed:
A. For a vehicle towed under 6-6-1A, a city employee shall affix to the vehicle an "Abandoned
Vehicle Warning" designating the amount of time the owner has to remove the vehicle. After this
amount of time has elapsed, the vehicle may be towed. The city clerk's office shall keep a
written record of all vehicles towed under this section.
B. For a vehicle towed under 6-6-1 B, the standards established under Section 310 of the City of
Waterloo Traffic Code shall be followed.
C. A vehicle towed under 6-6-1A or B shall only be towed by the tow company utilized by the
police department pursuant to Chapter 5 of this title.
D. A vehicle towed under this chapter shall be towed at the owner's expense. The vehicle may
be released to the owner(s) if the owner(s) make payment in full for the fees and charges of
towing and storage of the vehicle to the tow company.
6-6-4: RELEASE TO LEINHOLDER: Notwithstanding any other provision of this chapter,
whenever a lienholder of a vehicle impounded under this chapter has commenced foreclosure
or replevin proceedings and provides to the City satisfactory proof of the commencement of
such proceedings and of the lienholder's entitlement to immediate possession of the vehicle,
possession of the vehicle shall be delivered to that lienholder if the lienholder provides written
indemnification to the City for any and all claims of the lienholder, an owner or any third party
arising out of the seizure, impoundment and possession of the vehicle pursuant to this chapter.
6-6-5: DISPOSAL OF UNCLAIMED OR ABANDONED VEHICLES: Any motor vehicle
impounded pursuant to this chapter and not properly claimed by or on behalf of the owner,
lienholder or other claimant after proper notice under Iowa law governing abandoned vehicles,
shall be deemed abandoned and may be disposed of as provided by such law, without further
notice.
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