HomeMy WebLinkAboutMC-1409 Adopted: November 17, 2014
Effective: December 17, 2014
1 ORDINANCE NO. MC-1409
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN
BERNARDINO MUNICIPAL CODE SECTION 10.16.290 REQUIRING A PRIVATE
3 PROPERTY VEHICLE IMPOUND REPORT AND FEE.
4
The Mayor and Common Council of the City of San Bernardino do ordain as follows:
5
WHEREAS, California Vehicle Code Section 22658(a) authorizes the owner or person in
6 lawful possession of private property to cause the removal of a vehicle parked on the property to a
storage facility under certain circumstances; and
8 WHEREAS, California Vehicle Code Section 22658(m) requires that a towing company that
removes a vehicle from private property under that section notify the local law enforcement agency of
9 that tow after the vehicle is removed from the private property and is in transit; and
1 o WHEREAS, a Private Party Tow Report form is needed to be filed by the tow company with
11 the San Bernardino Police Department to document vehicle information, location, date and time of
tow, and SBPD incident number; and
12
WHEREAS, a fee must be charged to reimburse the City for the costs of processing and
13 recordation of notices and reports of the tow and impound of such vehicles from private property.
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NOW, THEREFORE, THE MAYOR ANDCOMMON COUNCIL OF THE CITY OF
15 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. San Bernardino Municipal Code Section 10.16.290 is hereby added to read as follows:
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10.16.290 Private Property Vehicle Impound Report and Fee
is
19 A. Any tow company that tows and impounds a vehicle from private property in the City of
San Bernardino under the California Vehicle Code shall complete and submit a Private Party Tow
20 Report form to the Police Department either by fax or email by the end of the business day following
the tow.
21
22 B. The owner of, or other person responsible for, any vehicle impounded by a tow company
from private property in the City of San Bernardino under the California Vehicle Code shall pay in
23 accordance with the provisions of this section a fee in an amount set by resolution by the Mayor and
Common Council to reimburse the City for the costs of processing and recordation of notices and
24 reports of the tow and impound of such person's vehicle. Such fee shall be collected by the tow
25 company impounding the vehicle at the time of collection of its own towing and/or impound fees and
shall be paid over to the City each month within ten (10) days after the close of the calendar month for
26 which payment is due. Each towing company shall provide to the City, on a monthly basis
concurrently with its monthly payment, a summary report of all such impounds and fees collected in
27 such form and/or detail as the Chief of Police may specify from time to time, and shall make available
28 to the City upon request any and all records of the information necessary to verify such report upon the
request of the City.
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MC-1409
t AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN BERNARDINO
MUNICIPAL CODE SECTION 10.16.290 REQUIRING A PRIVATE PROPERTY VEHICLE
2 IMPOUND REPORT AND FEE.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Council of the City of San Bernardino at a joint regular meeting thereof, held on the 17th day of
6 November, 2014, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
s
MARQUEZ X
9
10 BARRIOS X
11 VALDIVIA X
12 SHORETT X
13
JOHNSON X-
14
NICKEL X
15
16 MULVIHILL X
r
17
18 G� -
e6 rgea Hanna, Ci Clerk
19
IT
20 The foregoing Ordinance is hereby approved this day of November, 2014.
21
22
R. Carey Davi//, Mayor
23 City of San ernardino
Approved as to form:
2a Gary D. Saenz,
25 City Attorney
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