HomeMy WebLinkAbout5245-10/13/2014Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5245
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING CHAPTER 6, IMPOUNDMENT OF MOTOR
VEHICLES BY DEPARTMENTS OTHER THAN POLICE,
TO TITLE 6, MOTOR VEHICLES AND TRAFFIC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA:
That Chapter 6, Impoundment of Motor Vehicles by Departments
Other Than Police, to Title 6, Motor Vehicles and Traffic, of
the 2007 Code of Ordinances of the City of Waterloo, Iowa, be
and the same hereby added as follows:
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.
Ordinance No. 5245
Page 2
B. For a vehicle towed under 6-6-1B, 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.
INTRODUCED:
October
13,
2014
PASSED 1St CONSIDERATION:
October
13,
2014
PASSED 2nd CONSIDERATION:
October
13,
2014
PASSED 3rd CONSIDERATION:
October
13,
2014
PASSED AND ADOPTED this
ATTEST:
Suzy Ark
ares, CMC
City
13th day of October, 2014.
Ernest G. Clark, Mayor
Ordinance No. 5245
Page 3
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 5245 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 13th day of October, 2014.
Witness my hand and seal of office this 13th day of October,
2014.
d"
SEALSuzy Sc ares, CMC
City Cl rk