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HomeMy WebLinkAbout5239-09/15/2014Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5239 AN ORDINANCE ADDING CHAPTER 5, CIVIL SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES, OF TITLE 6, MOTOR VEHICLES TO THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 5, Civil Seizure and Impoundment of Motor Vehicles, of Title 6, Motor Vehicles, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be added as follows: CHAPTER 5 CIVIL SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES 6-5-1: STATEMENT OF POLICY: It is the policy of the City of Waterloo that motor vehicles used in connection with certain illegal conduct shall be subject to civil seizure and impoundment in accordance with the procedures set forth herein, so as to deter the use of vehicles as specified herein. 6-5-2: DEFINITIONS: For purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: A. "Controlled substances" means any substance as defined and included in Sections 124.204, 124.206, 124.208, 124.210, or 124.212 of the Iowa Code. B. "Drug paraphernalia" means any equipment, products and materials as defined in Section 124.414 of the Iowa Code. C. "Eluding or attempting to elude a police officer" means any offense as defined in Section 321.279 of the Iowa Code. D. "Illegal prescription drug" means any drug or device limited to dispensation by prescription, as provided by Iowa Code section 155A.21, that was not lawfully dispensed within the meaning of Iowa Code chapter 155A to the party found in possession thereof or to the registered owner of the motor vehicle. E. "Intimidation with a dangerous weapon" means any offense as defined in Section 708.6 of the Iowa Code. F. "Lienholder" means any person or entity that has a recorded security interest, lien or other encumbrance that is noted on a vehicle's certificate of title or in public vehicle ownership records. Ordinance No. 5239 Page 2 G. "Operating a motor vehicle on a revoked or barred license" means an offense as defined in Sections 321.56, 321.218, or 321J.21 of the Iowa Code. H. "Operating a motor vehicle while under the influence of alcohol or drugs" means any offense as defined in Chapter 321J of the Iowa Code. I. "Owner" means any person or entity that is shown as the registered owner on the vehicle's certificate of title or public vehicle ownership records. J. "Precursor" means any substance as defined in 124.401(4) of the Code of Iowa. K. "Prostitution" shall have the same meaning as that provided in Iowa Code section 725.1. L. "Stolen property" means property obtained by theft, as such term is defined in Iowa Code section 714.1. M. "Weapons offense" means any offense as defined in Sections 708.6, 724.3, 724.4, 724.4A, 724.4B, 724.16A, 724.22, 724.26, 724.29, or 724.30 of the Iowa Code. 6-5-3: VEHICLES SUBJECT TO SEIZURE; PENALTY: A. Use of a motor vehicle in any manner specified in this subsection shall subject the motor vehicle to seizure, impoundment and civil penalty as provided in this chapter. 1. Using a motor vehicle while manufacturing, selling and/or delivering a controlled substance, precursor, drug paraphernalia and/or illegal prescription drug. 2. Using a motor vehicle while illegally manufacturing and/or selling a drug or device limited to dispensation by prescription. For purposes of this paragraph, the term "selling" includes delivery of the drug or device following said sale. 3. Operating a motor vehicle on a revoked or barred license. 4. Operating a motor vehicle while under the influence of alcohol or drugs. 5. Using a motor vehicle while eluding or attempting to elude a police officer. 6. Using a motor vehicle in connection with an offense described in Iowa Code section 321.261, whether or not the subject vehicle is actually used to leave the scene. 7. Using a motor vehicle while committing a weapons offense. Ordinance No. 5239 Page 3 8. Using a motor vehicle while engaged in prostitution or the solicitation thereof. 9. Using a motor vehicle while possessing or transporting stolen property. B. Unless otherwise specified in this chapter, the owner of such vehicle shall be liable to the City for a civil penalty of $250, for the cost of service of any notices, and for any and all fees and charges for towing and storage of the vehicle. 6-5-4: TOWING; NOTICE OF RIGHT TO ADMINISTRATIVE HEARING: A. Seizure; Initial Notice: Whenever a police officer has probable cause to believe a vehicle is subject to seizure and impoundment pursuant to section 6-5-3, the officer shall provide for the towing of the vehicle to a facility controlled by the City or its agent(s). When the vehicle is towed, the officer shall determine who, if anyone, was in control of the vehicle at the time of the events giving rise to probable cause for seizure and impoundment. The officer shall then notify that person, in writing, that the vehicle is being seized and that the owner or any lienholder has a right to an administrative hearing on whether the subject vehicle was in fact used as specified in section 6-5-3. The written notice shall also state that, pending any administrative hearing, the vehicle may be released as provided in this section. B. Notice: Within ten (10) days after a vehicle is towed, the City or its agent shall send written notification to each owner and lienholder of the vehicle, setting forth their right to request a hearing as provided in this section. Notice shall be sent by certified mail, return receipt requested, to the last known address of any owners and lienholders, or the notice may be personally served and either an affidavit of service prepared or written acknowledgement obtained from the party served. The notice shall describe the year, make, model and vehicle identification number of the vehicle, as well as state the location of the facility where the vehicle is being held. The notice shall also state that, pending any administrative hearing, the subject vehicle may be released as provided in this chapter. The notice shall state the penalties that may be imposed, including the fact that failure to reclaim the vehicle within the time allowed shall be deemed a waiver of all right, title, claim and interest in the vehicle or personal property and shall be deemed to be consent to sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. C. Release Pending Hearing: A vehicle that has been seized and impounded under this chapter may be released to the owner of the vehicle if the owner posts with the City a cash bond, in form acceptable to the police department ,r Ordinance No. 5239 Page 4 record's division, in the amount of $250, pays the cost of service of any notices, and makes payment in full for the fees and charges of towing and storage of the vehicle, which payment shall be made to the party to whom the fees and charges are owed. D. Administrative Hearing: If the vehicle owner or a lienholder wishes to request an administrative hearing, said request shall be made in writing within ten (10) days of the date on which the notice provided for in subsection B above was either mailed or personally served upon the party requesting the hearing, and the request shall be delivered personally by the requestor to the Waterloo Police Department. If the owner or lienholder cannot appear in person, then a request for an administrative hearing can be made in any manner that is pre -approved by the Waterloo Police Department for that particular owner or lienholder. Any request for a hearing must include the address and telephone number at which the owner or lienholder is to be contacted regarding the hearing. Unless continued to a later date by order of the hearing officer, the hearing shall be scheduled and held within five (5) days after the request for a hearing is actually received by the Waterloo Police Department. If the request for hearing was made in a manner other than in person, notice of the scheduled hearing date and location shall be given in the same manner in which the request for hearing was received with pre -approval of the Waterloo Police Department as provided for herein. Notice of the scheduled hearing provided electronically, by fax or by mail shall be deemed given when sent. At the hearing, all interested parties shall be given a reasonable opportunity to be heard. Formal rules of evidence and procedure shall not apply, and hearsay evidence shall be admissible. The hearing officer shall not be an employee of the City of Waterloo. E. Decision: 1. The hearing officer shall render a decision based on a preponderance of the evidence. The decision of a hearing officer shall be deemed a final agency action and shall be subject to judicial review in accordance with Iowa law. Regardless of the outcome of the administrative hearing, the vehicle and all interested parties' rights to the vehicle and the personal property contents thereof shall be subject to all procedures set forth in this chapter with respect to the claiming and release of impounded vehicles, disposal of unclaimed vehicles and personal property, fees and charges, and applicable exceptions. 2. If the hearing officer determines that the vehicle was not used as specified in section 6-5-3, then the hearing officer shall order the return of the subject vehicle (or return of the cash bond if one was posted for release of the vehicle, allowing the City a Ordinance No. 5239 Page 5 reasonable time in which to do so), cancellation of the $250 civil penalty and no further imposition of any fine, fees, or charges relating to the impoundment. Any fees or charges other than the civil penalty which have accrued up to the time of such determination by the hearing officer, however, shall remain due and owing, and any such fees or charges owed to the City shall be deducted from any cash bond prior to the return of said cash bond. 3. If the hearing officer determines that the vehicle was used as specified in section 6-5-3, then the hearing officer shall order that the vehicle continue to be held in impound until the owner satisfies each condition for release of the vehicle, or until the vehicle is deemed abandoned. If a cash bond was posted and the vehicle released before the hearing, the hearing officer shall order the cash bond surrendered to the City as payment of the $250 civil penalty. 6-5-5: RELEASE TO LIENHOLDER: 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. 6-5-6: PROCEDURE FOR CLAIMING VEHICLES ELIGIBLE FOR RELEASE: A. If a vehicle seized under this chapter is eligible to be released, the person claiming the vehicle may be required by the City to present to the City or its agent in possession of the vehicle one or more of the following items: a certificate of title, bill of sale, or valid registration for the vehicle; a government -issued photo ID for the person claiming the vehicle; and/or a physical document showing proof of security against liability (insurance) for the vehicle in effect as of the date the vehicle is to be released from impound. In addition, the claimant shall pay to the City any and all civil penalties and costs of service of notice and shall pay to the facility holding the vehicle all fees and charges of towing and storage. 6-5-7: 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 within 10 days of the date of delivery of proper notice or the date of issuance of the hearing officer's decision, whichever is later, shall be deemed abandoned and may be Ordinance No. 5239 Page 6 disposed of as provided by Iowa law governing abandoned vehicles, without further notice. 6-5-8: EXCEPTIONS TO PENALTY: A vehicle owner shall not be subject to the civil penalty provided for in this chapter if either of the following applies: A. The vehicle in question was stolen at the time the police officer formed probable cause to believe the vehicle was subject to seizure, and the theft was officially reported to the appropriate law enforcement official as soon as the theft was discovered or reasonably should have been discovered; or B. The vehicle was operating as a common carrier, including but not limited to a taxicab or bus, and the violation occurred without the knowledge of the person operating the vehicle as a common carrier. 6-5-9: WAIVER AUTHORITY: A. The Chief of Police or his or her designee has the authority to waive seizure and impoundment of a vehicle or the civil penalty, costs, fees and charges involved in seizure and impoundment of a vehicle without a hearing if, in the sole discretion of the Chief or his or her designee, there is sufficient cause to believe that such waiver would be in the best interest of public safety and community welfare or that errors by an administrative agency led to the erroneous impoundment of a vehicle. B. In the matter of a stolen vehicle being reported to police, a criminal investigation will be conducted into the circumstances surrounding the theft before the waiver of any civil penalty, costs, fees or charges shall be authorized. Anyone found to have filed a false criminal report is subject to prosecution as otherwise provided by law. 6-5-10: CALCULATION OF TIME: For purposes of calculating notifications under this chapter, holidays recognized by the City of Waterloo and weekends shall be excluded. For purposes of calculating storage fees under this chapter, calendar days shall be used. INTRODUCED: September 15, 2014 PASSED 1st CONSIDERATION: September 15, 2014 PASSED 2nd CONSIDERATION: September 15, 2014 PASSED 3rd CONSIDERATION: September 15, 2014 Ordinance No. 5239 Page 7 PASSED AND ADOPTED this 15th day of September, 2014. ATTEST: f r" Suzy Schaes, CMC City Clerk Ernest G. Clark, Mayor 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. 5239 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 15th day of September, 2014. Witness my hand and seal of office this 15th day of September, 2014. r SEAL Suzy Schars, CMC City Clerk