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

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Reviewed Date: November 28, 2016

Original Author: 
Norris, Margaret
Date of Material: 
Jan 8, 2011


Subjects:
Revenue sources--Fees and charges--Municipal ordinances
Police--Criminal forfeiture
Motor vehicles

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.

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

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






Attachment(s):

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