Ordinance - 1988 - 138 - Prohibit Abandonded Vehicles - 05/24/1988ORDINANCE NO. 138
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ESTABLISHING CHAPTER 4,
TITLE 5, EAGLE CITY CODE, TO PROHIBIT THE ABANDONING OF VEHICLES
WITHIN THE CITY; AUTHORIZING THE REMOVAL OF ABANDONED VEHICLES AND
PROVIDING A PROCEDURE THEREFOR; ESTABLISHING A LIEN FOR THE TOWAGE
AND KEEPING OF ABANDONED VEHICLES; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1: That a new chapter of the Eagle City Code, to be
designated Chapter 4, Title 5, Eagle City Code, be, and the same
hereby is, enacted to read as follows:
Section 5-4-1: ABANDONMENT PROHIBITED: No person shall
abandon a motor vehicle upon any alley, road, street, or
highway, or upon any public or private property, without the
express or implied consent of the owner or person in lawful
possession or control of the property. A motor vehicle is
abandoned when it is observed by any person to have been left
within the limits of any alley, road, street, or highway, or
upon any public or private property without consent of the
owner or person in lawful possession or control of the
property, for a period of twenty-four hours or longer, except
that a vehicle shall not be considered abandoned if its
owner -operator is unable to remove it from the place where it
is located and has notified a law enforcement agency and
requested assistance.
Section 5-4-2: PRESUMPTION OF ABANDONMENT BY OWNER:
The abandonment of any motor vehicle in a manner described in
Section 5-4-1 of this Chapter shall create a presumption that
the registered owner of record is responsible for such
abandonment and is thereby liable for the cost of removal and
disposition of the motor vehicle.
Section 5-4-3: REMOVAL OF ABANDONED VEHICLE: If the
City Clerk, or any other person authorized by the City
Council to enforce this Ordinance, has reasonable grounds to
believe that a motor vehicle has been abandoned, the City
Clerk or such individual may remove the motor vehicle from
the alley, road, street, or highway, or public or private
property, to a garage or the nearest place of safety. In
removing the motor vehicle, the City Clerk or any other
authorized individual shall comply with the notice require-
ments set forth in Idaho Code Section 49-3608.
Page 1
Section 5-4-4: POST -STORAGE HEARING: Whenever an
authorized officer directs the towing or storage of a
vehicle, the City Council shall provide the vehicle's
registered and legal owners of record, or their agents, with
the opportunity for a post -storage hearing to determine the
validity of the towing, storage, and charges, pursuant to
notice and in the manner provided by Section 49-3609, Idaho
Code.
Section 5-4-5: POSSESSORY LIEN; SALE OF UNCLAIMED
VEHICLE: Any person or entity removing a motor vehicle in
the manner authorized by this Chapter at the request of the
City shall have a lien upon the motor vehicle, dependent upon
possession, for such entity's compensation for towage and for
caring and keeping safe the abandoned motor vehicle, as
prescribed by Idaho Code Section 49-3613. If the motor
vehicle is not recovered by its owner within sixty (60) days
after the vehicle is removed, the person or entity removing
the vehicle may satisfy such lien in accordance with Idaho
Code Sections 49-3614 and 49-3615.
Section 2: That this Ordinance shall take effect and be in
force from and after its passage, approval, and publication.
DATED this 24th day of May, 1988.
CITY OF EAGLE
A"tilL
Mayor
By
Page 2
SUMMARY OF
ORDINANCE NO. 138
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ESTABLISHING CHAPTER 4,
TITLE 5, EAGLE CITY CODE, TO PROHIBIT THE ABANDONING OF VEHICLES
WITHIN THE CITY; AUTHORIZING THE REMOVAL OF ABANDONED VEHICLES AND
PROVIDING A PROCEDURE THEREFOR; ESTABLISHING A LIEN FOR THE TOWAGE
AND KEEPING OF ABANDONED VEHICLES; AND PROVIDING AN EFFECTIVE DATE
A summary of Ordinance No. 138, adopted by the Eagle City
Council on May 24, 1988, is as follows:
Section 1: Enacts a new Chapter 4, Title 5, Eagle City Code,
as follows:
Section 5-4-1. Prohibits the abandonment of a motor
vehicle upon any alley, road, street, or highway, or upon any
public or private property, without the consent of the owner
or person in lawful possession or control of the property,
and defines abandoned vehicle.
Section 5-4-2. Provides that the abandonment of a motor
vehicle creates a presumption that the registered owner is
responsible for the abandonment.
Section 5-4-3. Authorizes the City Clerk or other
person appointed by the City Council to remove a motor
vehicle abandoned in violation of Section 5-4-1 of the
Chapter, following compliance with the notice requirements of
Idaho Code Section 49-3608.
Section 5-4-4. Provides for a post -storage hearing to
determine the validity of towage and storage charges.
Section 5-4-5. Establishes a possessory lien upon an
abandoned vehicle towed pursuant to Section 5-4-3 of the
Chapter in favor of the entity towing the vehicle and
provides for the satisfaction of the lien in accordance with
Idaho Code Sections 49-3614 and 49-3615.
Section 2: Provides effective date.
DATED this j + day of 1�L , 1988.
CITY OF EAGLE
By X - ik ,
Mayor
County of Ada §
§
State of Idaho §
SS.
PROOF OF PUBLICAN 10N
Marjorie Ruth Moon, being first duly sworn, on oath
says that she is the principal clerk of The VALLEY
NEWS, a newspaper of general circulation, published
weekly by Marjorie Ruth Moon, publisher, at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said news-
paper once each and every week for 1 consecutive
weeks, the first publication being on the 22nd day of
the
June
,19 88 and the last publication being on
22nd day of June , 19 88 .
That the said newspaper has been published continu-
ously and uninterruptedly in said county during a period
of more than seventy-eight consecutive weeks prior to the
first publication of the attached notice.
/ Principal Clerk
Subscribed and sworn to before me this �-3 ay of
19_V
Notary Public
Residence: CL
My commission expires: 1 ` 11 ' G 2 -
(SEAL)
SUMMARY OF
ORDINANCE NO. 138
AN ORDINANCE OF THE CITY OF
EAGLE, IDAHO, ESTABLISHING
CHAPTER 4, TITLE 5, EAGLE CITY
CODE, TO PROHIBIT THE ABAN-
DONING OF VEHICLES WITHIN THE
CITY; AUTHORIZING THE RE-
MOVAL OF ABANDONED VE-
HICLES AND PROVIDING A PROCE-
DURE THEREFOR; ESTABLISHING
A LIEN FOR THE TOWAGE AND
KEEPING OF ABANDONED VE-
HICLES; AND PROVIDING AN EF-
' FECTIVE DATE
A summary of Ordinance No. 138,
adopted by the Eagle City Council on May
24, 1988, is as follows:
Section 1: Enacts a new Chapter 4,
Title 5, Eagle City Code, as follows:
Section 5-4-1. Prohibits the
abandonment of a motor vehicle
upon any alley, road, street, orhigh-
way, or upon any public or private
property, without the consent of the
owner or person in lawful posses-
sion or control of the property, and
defines abandoned vehicle.
Section 5-4-2. Provides that the
abandonment of a motor vehicle
creates a presumption that the regis-
tered owner is responsible for the
abandonment.
Section 5-4-3. Authorises the
City Clerk or other person appointed
by the City Council to remove a
motor vehicle abandoned in viola-
tion of Section 5-4-1 of the Chapter,
following with the no-
tice requirements of Idhao Code
Section 49-3608.
Section 5-4-4. Provides for a
post -storage hearing to determine
the validity of towage and storage
charges.
Section 5-4-5. Establishes a
prossessory lien upon an abandoned
vehicle towed pursuant to Section 5-
4-3 of the Chapter in favor of the
entity towing the vehicle and pro-
vides for the satisfaction of the lien
in accordance with Idaho Code
'Sections 49-3614 and 49-3615.
Section 2: Provides an effective date.
DATED this 13th day of June, 1988
ATTEST:
/s/ Barbara Montgomery
City Clerk
CER 111NICATION OF CITY ATTOR-
NEY
I, the undersigned City Attorney for
and legal advisor to the City of Eagle,
Idaho, hereby certify that I have read the
attached summary of Ordinance No. 138
of the City of Eagle and that the same is
true and complete and provides adequate
notice to the public of the contents of said
Ordinance.
DATED this 31st day of May, 1988.
/s/ Mona L. Dobaran
City Auomey
PURI ICH. T„nP 7. 1On...
CITY OF EAGLE
By /s/ Steve Guerber
Mayor