HomeMy WebLinkAboutOrdinance 2226 - Impose A Fee Impounded Vehicles ORDINANCE NO.C� ,�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING IMPOSING A FEE TO COVER THE ADMINISTRATIVE
COSTS RELATING TO THE REMOVAL, IMPOUND, STORAGE
AND RELEASE OF SPECIFIED IMPOUNDED VEHICLES.
WHEREAS, the City of Redding desires to implement a program that will identify, cite and
impound the vehicles of drivers who are unlicenced and/or whose licenses have been suspended and/or
revoked pursuant to authority granted by the California Vehicle Code sections 14602.6, 14607.6, 22651
(p), 22651 (h), and 22651 (h)(2), for offenses committed while driving without a license, or suspended or
revoked license, or any offense while the person is arrested and taken into custody; and
WHEREAS, California Department of Motor Vehicle ("DMV") data indicates that there are
approximately 2,993 drivers in the City of Redding whose licenses have been suspended or revoked; the
number of drivers who have never been licensed, or who continue to drive on an expired license, is
unknown, but estimated by DMV to be approximately 5% of the population; in 1996, the Redding Police
Department investigated 1,164 traffic collisions of which there were 12 collisions involving fatalities, 115
alcohol related collisions, 53 pedestrian involved collisions, 27 felony hit and run collisions, and 91
misdemeanor hit and run collisions; and of those 1,164 traffic collisions, 122 involved unlicenced,
suspended, or revoked drivers; and
WHEREAS, California Vehicle Code section 22850.5 specifically authorizes city governments to
impose a fee equal to its administrative costs relating to the removal, impound, storage, and release of
impounded vehicles; and
WHEREAS, a detailed City study indicates that an Unlicenced Driver Vehicle Impound Fee of
Ninety-Six Dollars ($96.00) is a current, conservative, and reasonable estimate of Redding Police
Department costs for documenting, researching, tracking, impounding, storing, and releasing an impounded
vehicle;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES
ORDAIN AS FOLLOWS:
Section 1. An Unlicenced Driver Vehicle Impound Fee in the amount of Ninety-Six Dollars
($96.00) per impound is hereby adopted for the purpose of recovering the City's administrative costs 0
relating to impounding vehicles pursuant to California Vehicle Code sections 14602.6, 14607.6, 22651 (p),
22651 (h), and 22651 (h)(2), and this fee shall be over and above any current or future administrative
impound fee(s) levied by the City and authorized by the Vehicle Code with respect to vehicle impounds,
and over and above any other fees or costs associated with towing, storage and other incidental costs
related to vehicle impounds. C
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Section 2. Any increase in the amount of the Unlicenced Driver Vehicle Impound Fee shall be
accomplished by resolution of the City Council.
Section 3. The effective date of the imposition of the Unlicenced Driver Vehicle Impound Fee shall
be thirty (30) days after the date of the adoption of this ordinance.
Section 4. The Unlicenced Driver Vehicle Impound Fee shall be levied upon each vehicle impound
where the vehicle is impounded under California Vehicle Code sections 14602.6, 14607.6, 22651 (p),
22651 (h), and 22651 (h)(2), except in the following circumstances:
A. Impounded vehicles which at the time of impound were reasonably claimed or believed to
have been stolen from the legal owner shall be exempt from the Unlicenced Driver Impound
Fee; and
B. The Police Chief and/or his or her designees shall have the authority to waive, forego or
excuse the imposition of the Unlicenced Driver Vehicle Impound Fee on a case-by-case
basis in situations which may arise which warrant the exercise of prudent discretion in
imposing this fee.
Section 5. The City Manager, by and through the Police Chief, is authorized to execute all aspects
of the Unlicenced Driver Vehicle Impound Fee collection program, including any amendments or revisions
thereto other than the amount of the fee, and to certify that the City will comply with all statutory or
regulatory requirements related to the imposition and collection of the fee.
Section 6. The City Clerk is authorized to include the Unlicenced Driver Vehicle Impound Fee in
the City's Schedule of Fees and Service Charges.
I HEREBY CERTIFY that the foregoing ordinance imposing a fee to cover the administrative
costs relating to the removal, impound, storage and release of specified impounded vehicles was introduced
and read by the City Council at a regular meeting on the 18th day of August, 1998; and was duly read and
adopted at a regular meeting on the 1st day of September 1998, by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Cibula, Kight and Kehoe
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: McGeorge
ABSTAIN: COUNCIL MEMBERS: None
AVID AHOE, Mayor
Attest: Form Approved.
Connie,vtreftmayer, City-'le* W. Leonard t0te, City Attorney
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In the Superior Court of the State of California
in and for the County of Shasta
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CERTIFICATE OF PUBLICATION
.2226 ORDINANCE NO .
. -.. -.r ,.
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AN OF THE CITY COUNCIL OF.THE CITY OF RED-
i, DING IMPOSING A FEE TO_COVER.THE ADMINISTRATIVE
COSTS RELATING TO THE REMOVAL, IMPOUND,STORAGE
AND RELEASE.OF SPECIFIED IMPOUNDED VEHICLES.
WHEREAS,the City..of Redding desires to''implement'a pro-
No . gram that will identify,cite and impoundthe vehicles'of drivers'
who' are unlicensed 'and/o r.whose licensesr have been_sus-
pended and/or-revoked pursuant to authority granted.by,the
California Vehicle.Code sections 14602.6, 14607,6,.22651'(p),
22651 (h),and 22651(h)(2);for offenses committed while driv-
ing
Ordinance No 2226 without a license,or suspended or revoked license,or any I
offense while the person is arrested-and taken into custody;and'I
WHEREAS;California Department of Motor Vehicle("DMV")l
dataindicates that there are approximately 2,993 drivers-inthe
City of Redding whose licenses have been Suspended or re-
voked;the.number of drivers who have never been licensed;or
State of California who continue to drive on an expired license, is unknown,but
estimated by DMV to be approximately 5%of the population;in
+.1996,`the Redding Police Department investigated 1,164.traffic
County of Shasta collisions,of which there were:12 collisions.involving fatalities,
715 alcohofrelated collisions,53,
pedestrianjnvolved collisions,
27felony hit and run collisions,and 91 misdemeanor hit and run•
c61lisions;.and of those 1,164 traffic collisions 122'involved un-1
I hereby certify that the Record Searchlight is a licenced,suspended,or revoked drivers and
-WHEREAS,,California Vehicle Code section 22850.5 specifical-J
newspaper of general circulation within the provisions governments to impose,a fee'equal.to its ad-
g P ly authorizes city.
of the Government Code of the State of California, ministrative costs relating to the removal, impound;storage,
and release of impounded vehicles;and
printed and published in the Citi'of Redding,County'
P P `J g �J WHEREAS;a detailed City study indicates that:an Unlicensed
of Shasta, State of California;that I am the principal Driver Vehicle Impound Fee of Ninety-Six Dollars($96.00)is-a
current;conservative,and reasonable estimate of Redding Po-
clerk of the printer of said newspaper;that the notice lice Department costs for documenting, researching;;tracking;
impounding;.storing,and'releasing�an impounded vehicle;
of which the annexed clipping is a true printed copy NOW,.THEREFORE, THE,CITY COUNCIL OF THE'CITY OF
was published in said newspaper on the following REDDING DOES ORDAIN AS FOLLOWS:
dates,to wit; Section 1.An Unlicenced Driver.VehiCleL Impound.Fee in the I
amount of.Ninety-Six Dollars ($96:00) per impound is hereby I
adopted for•the purpose of recovering the City's-
.administrative
costs relating to impounding'vehicles pursuant to California Ve-I
hicle Code sections 14602:6, 14607.6;22651 (p),22651 (h),and!
September 9, 1998 22651(h)(2);and this fee shall be over and above any current or
future administrative impound feels)levied by-the City and au-I
1 thorized.by the Vehicle Code'with respect to vehicle impounds,i
and.over and above.any other fees,or;costs'associated-with,l.towing,storage and other incidental costs related to vehicle im-I
iis true and correct,at Redding,California on the Section 2.Any increase in the amount of the Unlicenced Driv-
er Vehicle Impound Fee shall be accomplished by resolution of'.
the City Couhcilf
1 Section 3.The effective date of the imposition of the Unli-I
p cenced Driver Vehicle Impound Fee shall be thirty_l30)days aft-;
9th day of September, 1 998. er the date of the adoption of this ordinance. '
Section 4:The Unlicenced DriverVeFiicle Impound Fee shall'
be,Ievied'up.n ea ch,vehicle impound where4he vehicle is im-
pounded under California Vehicle Code sections 14602.6,
14607.6,.,22651(p),22651(hl,and 22651(h)(2),except in the foI-
' lowing circumstances:'
A. Impounded vehicles,which at the time of impound'
A were reasonablylegal
owner or believed to have been nli,
len from the legalowner shall be exempt from the UnIi,.J
cenced Driver Impound Fee;and '
B. The'Police Chief.and/or his or her designees shall have i
-the authority to waive,forego or excuse the imposition i
Signatureof'4he Unlicenced Driver Vehicle.Impound Feb on a
case-by-case'basis in situations which may arise which
warrant the exercise of•prudent discretion,in imposing+
this fee. .
RECORD SEARCHLIGHT ,Section 5.The City Manager,by'and through the Police Chief,
.is authorized to execute all aspects of the Unlicenced Driver Ve-
1101 Twin View Blvd.,Reddin ,California 96003 hicle Impound Fee collection'program, including any amend-)
g merits or'revisions thereto other than the amount'of the fee,
and to certify that the City will comply with all statutory'or.reg6
latory requirements related to the impositiowand.col lection ofl
the fee. . . :, ..
RECEIVED Section 6.The City Clerk is authorized to include the Unli-1
,'cenced Driver Vehicle Impound Fee in the.City's Schedule of,
( Fees and Service Charges.
- I HEREBY CERTIFY that th3'fofegomg otdlna'nce imposing al
SEP 18 1998 fee to cover the administrative cost$felalir'd.to mo
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