Knowledgebase-An Ordinance to Establish Impound Lot Regulations and Fees for Impounded and/or Seized Vehicles


Information Product

Title:An Ordinance to Establish Impound Lot Regulations and Fees for Impounded and/or Seized Vehicles
Summary:An ordinance to establish impound lot regulations and fees for impounded and/or seized vehicles for the City of Blaine.
Original Author:Norris, Margaret
Co-Author:
Product Create Date:01/08/2011
Last Reviewed on::11/28/2016
Subject:Revenue sources--Fees and charges--Municipal ordinances; Police--Criminal forfeiture; Motor vehicles
Type:Ordinance
Original Document: Ordinance establishing an impound lot and storage fees.pdf

Reference Documents:

Text of Document: ORDINANCE NO. _________

AN ORDINANCE TO ESTABLISH IMPOUND LOT REGULATIONS
AND FEES FOR IMPOUNDED AND/OR SEIZED VEHICLES


WHEREAS, the state gives municipalities the right to seize vehicles under certain conditions in relation to driving under the influence of alcohol and driving on a revoked license pursuant to Tennessee Code Annotated 55-10-403(k) and 55-50-504(h); and

WHEREAS, the states gives municipalities the right to take possession of abandoned motor vehicles pursuant to Tennessee Code Annotated 55-16-104; and

WHEREAS, the charter for the City of Blaine in 6-2-201 (22) authorizes it to define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, business, occupations, callings, trades, use of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the municipality, and exercise general police powers; and

WHEREAS, the City of Blaine incurs expenses as a result of impounding improperly parked and seized vehicles and storing them until the time for their proper disposition; and

WHEREAS, the City of Blaine wishes to recoup its expenses related to impounding and storing vehicles and to deter practices that are detrimental to the community.


NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF BLAINE, TENNESSEE THAT:


SECTION 1. Impoundment of vehicles. Members of the police department are hereby authorized, when reasonably necessary for the security of the vehicle or to prevent obstruction of traffic, to remove from the streets and impound any vehicle whose operator is arrested or any unattended vehicle which is parked, so as to constitute an obstruction or hazard to normal traffic. Any impounded vehicle shall be stored until the owner or other person entitled thereto claims it, gives satisfactory evidence of ownership or right to possession, and pays all applicable fees and costs or until it is otherwise lawfully disposed of. The fee for impounding a vehicle shall be equal to the fee charged by the wrecker service who tows the vehicle. The storage cost of the impounded vehicle shall be _____ dollars a day for each motor vehicle stored in the impoundment lot. Any part of a day shall count as a whole day.

SECTION 2. Severability Clause. If any section, phrase, sentence or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of remaining portions thereof.

SECTION 3. Effective Date. This ordinance shall take effect immediately upon final passage, the public welfare requiring it.


Passed on first reading: ___________________

Passed on second reading: ___________________

______________________________
Signed: Mayor



______________________________
Attest: City Recorder





Please remember that this ordinance was drafted based upon the drafting requirements and authority granted to a particular city or town in its charter and in general law. These drafting requirements and the authority exercised in this ordinance might not apply to your city or town.

Please confer with your city attorney or an MTAS legal consultant, or both, before using this ordinance as a model.