HomeMy WebLinkAbout38- Police CITY OF SAN BERK-,iRDINO - REQUEST , 3R COUNCIL ACTION
DANIEL A. ROBBINS Ordinance Adding Section 10.44.030 to
From: CHIEF OF POLICE Subject: S.B. Muni Code Authorizing the Recovery
of Towing & Storage Charges on Vehicles
Dept: POLICE Stored or Impounded by Police Dept. /
Resolution Establishing Fees to
Date: MAY 18, 1993 Recover Towing & Storage Charges on
yphirtpc Stnrpd or impounded by Police De
Synopsis of Previous Council action:
Municipal Code 3.70.010 allows the City to collect fees.
Recommended motion:
1 . Adopt Resolution.
2. That further reading of the ordinance be waived and that it be laid over
for final acoption.
L Signat e
Contact person: Lt. Jack Griggs Phone: 384-5784
Supporting data attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: N/A Source:
Finance:
Council Notes:
75-0262 Agenda Item No. 3ff
CITY OF SAN BERNI.RDINO - REQUEST I )R COUNCIL ACTION
STAFF REPORT
Ordinance 10.44 .030 of the San Bernardino Municipal Code relating
to authorizing the recovery of towing and storage charges or
vehicles stored or impounded by the police department allows the
collection of a fee ($38) by the police department to cover the
administrative costs incurred by the police department in ordering,
releasing and maintaining files on certain stored or impounded
vehicles.
Ordinance 10.44 .030 of the San Bernardino Municipal Code relating
to authorizing the recovery of towing and storage charges on
vehicles stored or impounded by the police department is needed
because currently the police department bears the cost of this
service.
A survey of nearby police agencies was conducted prior to
establishing this amount and it was found to be in line with the
average of those surveyed.
J5-0264
o
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES
TO RECOVER TOWING AND STORAGE CHARGES ON VEHICLES STORED OR
3 IMPOUNDED BY THE POLICE DEPARTMENT.
4 WHEREAS, Section 10.44.030, of the San Bernardino Municipal
5 Code authorizes the Mayor and Common Council, by resolution, to
6 establish a fee to recover towing and storage charges incurred by
7 the City on vehicles stored or impounded by the police department;
8 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
9 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
10 SECTION 1. The owner or other person entitled to recover
11 possession of a vehicle stored or impounded by a police officer
12 or other authorized City employee shall pay an "administrative
13 fee" in the amount of Thirty-eight dollars (S38.00) . The fee
14 shall be due and payable at the time application is made for
15 release of the vehicle.
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j RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES
TO RECOVER TOWING AND STORAGE CHARGES ON VEHICLES IMPOUNDED BY THE
2 POLICE DEPARTMENT.
3 1 HEREBY CERTIFY that the foregoing Resolution was duly
4 adopted by the Mayor and Common Council of the City of
5 San Bernardino at a meeting thereof, held on the
6 day of 1993, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
City Clerk
17 The foregoing Resolution is hereby approved this day
18 of 1993.
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20
W. R. Holcomb, Mayor
21 City of San Bernardino
, , Approved as to form
and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25 By:
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
10.44.030 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 AUTHORIZING THE RECOVERY OF TOWING AND STORAGE CHARGES ON VEHICLES
STORED OR IMPOUNDED BY THE POLICE DEPARTMENT.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1 . Section 10.44.030 is hereby added to the San
7 Bernardino Municipal Code to read as follows:
8 10.44.030 Recovery of Towing and Storage Fees on Impounded
9 Vehicles.
10 A. Whenever a peace offices or other authorized employee
11 of the City removes a vehicle from a highway or from public or
12 private property and directs that the vehicle be stored or
13 impounded pursuant to Section 22650 of the California Vehicle
14 Code, a fee shall be charged to the party entitled to recover the
15 vehicle in an amount sufficient to reimburse the City for its
16 administrative costs related to such towing or storage.
17 B. The amount of the fee shall be set by resolution of the
18 Mayor and Common Council. Vehicles stored or impounded in the
19 following circumstances shall be exempted:
20 1. Recovered stolen vehicles.
21 2. Vehicles impounded because a
22 crime was committed against the
23 owner or driver.
24 3. Vehicles impounded for evidence
25 pursuant to Section 22655. 5 of
26 the Vehicle Code, except where
27 the perpetrator o., the offense
28 for which the vehicle is seized
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4
j operated it with the express or
2 implied consent of the owner.
3 4. Vehicles impounded under Section
4 23195 of the Vehicle Code for an
5 offense involving the use of
6 alcohol or drugs.
7 5. Any other circumstance, as
8 determined by the Chief of Police
9 or his designee, where imposition
10 of a fee would be unfair or
11 unjust to the party entitled to
12 recover the vehicle. In making
13 this determination, the Chief of
14 Police or his designee may
15 consider whether the recovering
16 party's negligence was a factor
17 leading to the storage or
18 impoundment and the amount of
19 time the vehicle remained in the
20 place from whi :h it was
21 impounded.
22 C. The Chief of Police or his designee shall conduct the
23 post-storage hearing required by Section 22852 of the Vehicle
24 Code; provided, the hearing officer shall not be the same person
25 who directed storage of the vehicle.
26 D. This section shall not apply to vehicles impounded
27 under Chapter 8.36 of this code.
28 ///
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 10.44.030
TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AUTHORIZING THE
2 RECOVERY OF TOWING AND STORAGE CHARGES ON VEHICLES STORED OR
3 IMPOUNDED BY THE POLICE DEPARTMENT.
4 I HEREBY CERTIFY that the =oregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of
6 San Bernardino at a meeting thereof, held on the
7 day of 1993, by the following vote, to wit:
8 Council Members: AYES NAYS
ESTRADA ABSTAIN ABSENT
9
REILLY
10
HERNANDEZ
11
MAUDSLEY
12
MINOR
13
POPE-LUDLAM
14
MILLER
15
16
17 City Clerk
18 The foregoing ordinance is hereby approved this day
19 of y a
1993.
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22 W. R. Holcomb, Mayor
23 Approved of San Bernardino
Approved as to form
24 and legal content:
JAMES F. PENMAN,
City Attorney
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27 By:
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