HomeMy Public PortalAbout1534-1954 - Authorizing The Impounding of VehiclesORDINANCE , /S: , ; 1954
AN•ORDINANCE AUTHORIZING THE IMPOUNDING OF VEHICLES;
PROVIDING 'FOR NOTICE AND. IMPOUNDING.CHARGES, HEARING,
TOWING AND STORAGE.• CHARGES; , : •PROVIDING• FOR THE ENFORCE-
MENT HEREOF, AND.PROVIDING PENALTIES FOR THE•VIOLATION
-HEREOF.
BE IT ORDAINED by the,Common Council of thee:City. of .
Richmond,, `Ind,ia,na
Section 1...-Any vehicle, 'including taxicabs
and pub Q- buses, parked. or left stand.ing•_unattended..
upon any, street, or public- place, . in,. this city, at-'a.ny
time.or place, in violation of a.ny of the provisions of
this .Ord:inance, or ,,of - a.ny' Ord.inance. of this d.ity, or of
any" statute,, -or any vehicle known to ha.ve been -stolen
and. so left on any street, is, hereby,: decla,red..to be a.,.,'
public nuisance,- a.s an unlawful ob_str-uction upon the .
'street., or public• place; and, a. ha.za.rd , to traffic, thereon,
and. any police officer, upon discovering any such vehicle
so parked.or kept standing, unattended,. or when it is
attended' and the operator or occupant, 'if- able to do so; - `!
refuses or fails to! move it, on request, shall attach, -to
such vehicle, ,or serve upon _ such person, a.' notice of such
violation, as provided, for in -this Ordinance, and in
ad.d.it-ion. to and ind•epend.ent of the penalty and, remedy for
such violation, such officer _may remove such vehicle,'- or
cause the same to be removed.,, to- any.. city -owned. or ,oper-
a.tted property, or to a, private garage; .or place, where
so a.uthorized.pursuant to -a, contract, where the same shall
tinandbe impounded, and de
shall be released. only upon ord.er of the ..chief .of police,
al
,
Co
F.C,
r`
t? -
p
•(i}
l
t %
ry'
fi;
U-
1 .
!_ r' . ,
i- '(r�._
_
([;
,-'
r-`'
' - - r-r
•�
i
C,'
(�•
",
'D'
G;
-t
C';
(;
S•J'
N7
;_
L�
i i•
r.�'
V,.
t;.
-
;',°
1 e� I:r_'
-
rtG
' � I �•
:-
t=.
;-1
'/i
,:1
v.•`
L,_,
?,
r.".
' Lj?,
-
.tJ
�
,
�-.�
i4.
- �
-
1_S; 1 -,fin _.
� � � _
1p
-
ti -
:I/'
r.L�
- ��
- ,_l
c `
-
1�.
�y,;
L,
:(-'..
�in
i
�-r
-.`ti
i-•
�.
- -
_ .' __ �
� `I+; F+-{
- -
ZE
{ ;-r:
Fi7
j
4
G;
�;
�_
IL;•'
F%
Z
:7
''
?
C!
G:_-
(%
OJ
hr
f , '"
f`4
- - U
' F•r
C
:�
' !
,.D-'
:V
`:> -
G9
,':,
•i%
:1.
:�,
C^
� f- r _
C-y
__
i-,•
i -. Z..
- - ..
. _ _ _ '-{
(' %
` �
� F-y
t :
� 7 �
��
i
�
G
- '
L?.
i-
-
:,
- -'.Y�
-
L'�
y.
i
� C.'•
L9
U:
`?
� C:1�
t.v
S=r
~J
U
(i
toILI
~�
Y
• _ - r,
'
v
tJ-
.
r3
F.�
C:;
i
�1
�'
Gl'
v
:y+:
1-,•.
1=7
-
:9
t-^
'J _
`' .=5 •-�' 1-, i
-, - --
_
tno
rC.'•
• - ��'
rJl
J
r-,}
n
i•'r
CU
,�
- {:�
;Z
}-�
��
;�•
r;.
Cr:
_ '.
n. ci ''
I:. � -
i
:-Y
t-4
�,
`-:
%,'
r•
L�
CJJ
`G-'
�.,CL,(,
��.
4--.7 '• • y
i` _ j `•
,i—i '
,
�
• - -'
i, )'
i.!
(_i
- `> .'
t
�
~
...
F-r
f.';
�`,
bJ
is
ti•-
F kr
CJ
r:�1'.
f.� •
-
L�
i , � �
- -
' =.
u
Ul
-U
n
�i
L
CY
7,
r
1t(
tJ-
G
�,
i�
L5'
'1
C
LLt
�•.
�:
C7'
j
c;
:i
r_
({1t
cFI�
.•?.
�
-L'D
c-I•in
ll
F''
(: 1
_
�--,:
\.i
'1
•. 1'
_
l-' �. '—' L i
i� - -
C;'
>-+'
Cd�
Ci
C„'
t�.
y_;r
C, ..
..
- �f
C: -
,
r." .
i ; i
7.�,
i;
� •�: _ :; j ..� :
� • � -
C
• - .. 1:;
-F.
'17
[Y
{�
t p...,.
r-.
L
G_
1b
_
I�i
i•J
C•t.
}�,rj
- --
f .- �.%
.,� • .. --
,+"i•,
-
J'-,
_: �
•� (^
I'�,
i;i
\ ';
�
�•;
} 7
' -'
� ry
," •
,
0;
�
'•
� .
tit •
r�,,
:�.
' �
F .. -
17 r• {- : �_ �-
- � -
�.
:4
m
r1.
, I --I
j. 2,
. Ire_
-, r_:
-'rr
:i,
!a
-
�:�
;)7
,-'
r
C_, ...
.. _ -
i, '4'I-
' -
,=-1-
=;-
_
t'-
�;-
-
G''
- %%'
q
I-•5
•�;.
.(�'
�,G_
[:,a.
J �
J7.
i�.
�,
r ,
•-,
�.
'.L,
if L7
�y,
•-i.�
2J:
(.'i
1,
LLJ
r
C.'
�.+
(.7
��•�'
.� •
�
f..l.
ii.
U+
ro-
r�
^:'
4:
��
1_r
C-;.
,mil
c.
_
. (.;
.-
- ;,
1 `
•
i
�.
i
..
aU
-,
�
-
or of the board of public works and. safety, authorizing
such vehicle to be surrendered, or upon an order of the
judge of any court having jurisdiction therein, after a.
hearing as provid.ed by this Ordinance, or pursuant to any
other legal proceedings.
Section 2. (a) When any vehicle is found. by or
reported to an officer to be parked. or standing upon a.ny
street, or public pla.ce, in violation of this Ord.ina.nce,
or of any Ordinance, or of any statute, or is known to be
a vehicle stolen and abandoned., such officer shall a.tta.ch
to such vehicle, or.serve upon any person -in charge
thereof and who fails or refuses,,if able to do so, to
move it upon his request,.the notice authorized. by this
Ordinance for any such violation, and such person so
guilty shall be subject, at his option, to payment of the
charges, or penalty,'a.t the city traffic violation bureau
as fixed. for such violation, or to the penalty prescribed.
for such offense in this Ordinance and fixed. by the court.
upon a. plea. of guilty, or upon a trial and. conviction of
such violation.
(b,) Ind.ependent of and. in addition to such
remedy and action and, to the assessment of any such
penalty provided for such violation and. offense, such
officer may order and. effect the removal of any such
vehicle from the street., or other public place, and. cause
it to be impounded. and stored,. as provided for by this
Ordinance:,'and any action against, or any charges assessed.
against or paid by or for any such person; a.s a.result of
such impounding and storage;'sha.11'be wholly distinct from
and ind.epend.ent of. any offenses and. penalties therefor
-2-
a.rising from any such matter, .which may be a,ssessed.. a.ga.inst
a.nd. paid. by or for any such person.,
(c) The removal and.'impound.ing of such vehicle,
a.s provid.ed.. for by this .Ordinance,., shall be accomplished.
with rea.sona,ble care, but otherwise shalt,be at the risk
of the owner; or his agent or.repre.senta,tive, and..the.
expense .of and. resulting from such removal and storage of
such vehicle shall be borne by said owner, or his,a.gent .
or represen,ta.tive, and before the surrender ,of such,
vehicle such expense shall be paid. to the city, controller
by, or for said. owner; or his- agent ,or representa.tive,. for
the use a.ndbenefit of the city, or of. the person who
operates' or ha.s charge of such garage, or other .pla.ce of,
stora.ge, whether a .public ora private 'ga.ra.ge, or place,
unless- it shall be otherwise ordered, by a. judge of a-ny
such court,'.a.fter' a.' hearing, a,s proyid.ed..by' this Ordi-nance .
(d.) The removal and. impounding: and. storage of
a vehicle, pursuant to this. Ordinance, shall in no Way
supersede, bar; excuse,. or prevent a, prosecution-of,any
person, or 'in. any relieve him from the penalty prescribed.
for his violation of any provid.ion of this Ord.ina.nce, or
other Ordinance of- this.• city, or'of any statute,. for. the.
violation of which by such person any such vehicle has
been 'so removed., impounded. and. stored.,, but .such re:med.ies
and. pena.'lties, are d.e6la,red. 'to be distinct a.nd. separate -as .
-means of enforcing obedience to this Ordinance and. to law,
Section :3...: Whenever, .such owner,..or his agent .or
representative, shall fail or ''refuse to pay. the expense -of
such remova.l-and. storage of any such vehicle impounded
under the provisions of this Ordinance, in a,d.d.it.ion to
-3-
r,.
fl l
v}
and. separate from any other penalty incurred. by him in
so parking or leaving his vehicle, then it is hereby ma.de
the duty of the policg officer discovering such vehicle
to be so parked or left standing .illegally, to file, or
cause to be filed; in any court having jurisdiction, an
affidavit charging such owner, his agent or representative,
with whatever offence wa.s so committed and such person
shall be cited to appear therein on a certain day and. hour
to answer and. stand trial upon 'said. charge, and, it shall
be the duty of such police officer to be present and a.ssist
in the prosecution of such charge. Pending a. hearing
upon such charge, such owner, or his agent or representa-
tive, may obtain possession of;such impounded. vehicle by
filing with the clerk of such court a bond. payable to the
City of Richmond in the sum of not less than twenty -.five
d.olla.rs ($25.00), or in such other reasona.ble sum a.s may
be fixed by the judge of such court, conditioned, upon the
appearance of such owner, his agent or representative,
before such court, a.t the day a.nd. hour . set for the trial
of said cause, to answer .to the charge s,et forth in said
affidavit. In the event that the judge of such court
shall find. said. vehicle to ha.ve been parked. illegally in.
ui.ola.tion of any section of this Ord.ina.nce, or of any
other Ordinance of said City, or of any sta.tute,.said.
judge in a.11 instances, shall'not-only assess the penalty
prescribed herein, or by law, f.or such violation, but also,
and. in addition thereto, shall determine and, assess against
the defend.a.nt whatever amount, within the limits prescribed
by this Ordinance, that said. judge shall find, from the
evidence is a fair and equitable reLmbursement to the city,
or other persons, for the expense of such removal and. for
-4-
Isn"AUT oil VCA-
00 K�Y.q 7c qvjA-.
YPTY qA,DUW MV W-ju q1'..,2N c71 QUI Qj� n::--.
;qS vPqIvIGL yon-n.c" -nqPyTy &YF
WY51� TcPc!5;wQ C�� 577�22 Tuw�vn�'
!wccvyPn7 >0101n, w LOL cna� -TV-P;Two �A" "Tzc
VDI yvemana ans o 00 .tom; 72 .Aqn on P03 .nw?
OnPOT, POIq -�v U� 0� ZQ . rnna :p",
OL
SPSTY TWU WTJ AMM MPOAC PS0 Qvgsp -0 A T T 1:
7�7�vonTW 10 Qn ans vvn7n cl-Pow own'-,
110TP IYOP0 0 SP WUY �u T�
qTP on PPG V1701
won�;' noug !jTwn- CW h,-:
wlsw Yno -00) c� in 2ZOP opugn �VPWM[70 nnv .00 FY'.
PN-Qanxn� Sol wowvq jnT21 a rcy T7TO anwoo Swq yg _Tr=
hyun"AGA 01toocs A72 Rj Gcw��jvsw Q poop �cnvw-7
7yn 0, - 01
Campo "o PS 17TC;, �0 PON now" YSA;uv
an no yo �C�Psn c' !G7�
XS�.S apas ujj7nan Opcyc
06 WLN�ww "M �nvpjvw PTY Sovinys, 4pao Y4 Tv asnoyh
wy
the impounding and. storage of sa-i-A -,.-vehicle; PROVIDED,
however, .That in no,event .shall such sum:.sd aa's&ssed.,
'for such impounding be more than the maximum amount pro-
vid.ed. therefor- .in' this .0rd.ina,nce, but such charge shall
be additional to. the assessment of the rea-sonable charges,
.for the - storage of. said. vehicle,- but not exceeding the
charges of such storage so herein provid.ed for. In the
event that sa.id. jud.ge shall find. from the evide'nce that
said. vehicle wa.s not parked. or left sta.nd.ing in viola.-
tion of a.ny provisions of this Ordinance,. or. of any
...other Ord.inance of'this city, or -of any statute, a.s'
charged. in '.such af f id.avit, said judge shall, order said.
car restored. to such owner, his agent b.r.representa.tive,.
.-without any penalty, or the assessment of any such
charges -against him -being -made therefor.
-,Section 4. .-The city "may purchaze, or rent, or,
other.wise. 'acquire and. operate one or more te%Lin trucks'
for the purposes and. uses- a f or e s a.id., to be -opera.ted, a.nd.
d.irected. - by the city police force, 'or may co'ntra.ct-for
the use and. operation of such vehicles by others, all
und.er the control of the board of public works and
safety. Said board. may. provide -for the storage of all
or part of the vehicles so impound,ed., either -upon pro-
_
.-perty owned or .rented by the city, if so'ava.ila ble', I or
all or. pa.rt in priva.te ga.ra-ges or places, pursuant .to
contrast's the"r'efor-executed,1,by the city, a.s herein.,
a.uthor-'ized,.
Section 5. In order -to make feasible and..
a.d 6 qu . a.te arrangements for towing in, impound'.ing a.nd;
caring for impound.ed. vehicles, -in' a,d.d.ition to the cityl.s
own facilities therefor, t-he_-board. ,of public works "and'.
safety is.hereby authorized to examine into. the fa.cili-
ties of other persons - a.nd..the general conditions': of
garages and. other places and., , fa.cilities suitable for:• the
tow -in, impounding a.nd. storage of vehicles .which -may...be
impound.ed.; and, to solicit prices and terms from :the .
persons operating 'or controlling .same, for such -uses and
services,. and. to. contrast, as authorized. by 1a.w, with a.ny. =
persons 'owning or operating anti such garage.,,. place, or _
fa.cility, for the driving or towing in, impounding,-
receiving a.nd st.or'ing of,any such -vehicles which may be'
impounded, in-s:uch ga.ra.ge, or place, pursuant to the' terms
of such contract and. the provisions of this Ord.ina.nce,'
or. of ,a.ny other Ordinance; 'or of any statute; provided.,
`however, That a.ny such c-ontr.a,cts so negotia.ted. must; be .
thereupon approved. by the common council
.: Section - 6 . In no event -shall the charge'."of the
city for d.riving, or towing, in, impounding . and.. receiving
.for storage of any such vehicle so impounded., pursua.nt to
this Ordinance; or under ,any such contract, exceed, the
initial sum of ,Five Dollar-s ($5.00) , to -which ma.y :be
-a,d.d.ed, however, storage- charges 'of .Two 'Dolla.rs ($2.00)
.per day,, or fra:ct-i,on thereof, payable .for -.vehicles so.
stored. on .property owned.,- or -rented., by the city; or 'in
lieu thereof, - such rea.sona.ble storage charges shall:be
assessed- a.t, the -ra.te fixed. in a.ny. cont-ra.ct- entered. into
pursuant to this Ord,ina.nce - for' storage : of such impound.ed
vehicles -for each .day;, -or fraction thereof., on and after
the day that .such- vehicle :is impound.ed,; Provided, 'however,
That such- initial sum for the - impound.ing c'ha.rge-; , und.er a.nd
in a.ny such contract, shall not' exceed. the.: sum of Five
Dollars . ($5.00.), to be 'a-ssessed in',ad.d_ition to -the storage.,.,
charges -prescribed in.such, c°ontract.
M
Section 7. (a) Of the sums so paid. to or for
any person, as the owner, proprietor or operator of such
private garage, or pla.ce, pursuant to the provisions of
this Ordinance, under any such contract, he shall pay to
the city the sum of Two Dollars ($2.00) for each vehicle
impound.ed. under this contra.ct entered into pursuant to
the provisions of this Ordinance; but a.11 such storage
charges, under such contract, shall be due and payable to
such person.
(b) All such sums. so paid. direct to and. for the
city a.nd.from all other sources shall be deposited.'by the
city controller in a special continuing fund., known a.s the
"Vehicle Impounding Fund.", under the control' of. the board
of public works and sa.fety, and there shall be paid -out -of
such fund, a.s need.ed, allcosts incurred in the impound-
ing of vehicles by the city, or by other persons, under
the terms of any such contract, in all instances and
cases where the judge of the court -shall find. that no
such charges aforesaid. should be assessed against the
owner, his agent or representative, by reason of there
being no violation of this cod.e, or of law, which justi-
fied. the impounding of such vehicle.
(c) Where there is a. sufficient balance in such
special fund at the end of a.ny year, any part thereof may
be transferred by the common council to any other city
funds allocated. to the board. of public works a.nd. safety
and. be used. to pay any other expenses which may be
incurred in the enforcement by such board., or the city,
of any of the provisions of this Ordinance, or of any
traffi.d Ordinances.
_7_
-Section 8. Any person violating any provision
of any section of .'this Ord-inan6e,-.,or'of a.ny later Ordin-
ancel.;:,and. whose.vehicle,-including ta.xica.bs and. 'public
bu'ses', ha.s been so impound-ed., towed."in and. stored pur-
suant to a.ny provisions of this.Ordina.nce, in a.d.d.ition
to and. ind-ependent-of the payment of all the aforesaid -
costs and.-cha-rges so incurred by the 'tow -in, impounding
and. storage of,such vehicle, in each instance, pha,11 be'
punished. separately for 'a.ny such particular offence's and.
violations 'so arising a,nd.committed by 4i.m.' upon conviction
therefor, a.nd shall be subject .therefor, in a,d.d.ition.to
all-such.other cha.rges in each instance, to the -general
pena.lty provided for violations, of this Ordina.nce,.and.
each- such Violation a.f6r'esa.id by any such person shall
constitute a. separate offense under this-Ordina,nce and be
subject -to such general penalty in ad,dition to such separate
charges. incurred, by rea.8on of each 'such -sep8.ra.te offense.-
Section 9. If any section,' of section,
sentence, - clause or phrase of. -this Ord.-ina.nbel shb-ll,- be". held,'
unconstitutional or invalid:, - the remaining provisiohs there-
of shall nevertheless remain in full force and. effect.
Section' 10. All Ordina.nces or 'pa.rts':of Ordin.
a,nces in conflict with the -provisions of 'this Ordinance
be., and. the same are hereby repea,led.. This Ordina.nce
shall be in full force and: effect from a.-nd. after' its pa.ssa.ge
and -approval by the Mayor and. publication as is by law
provided..
Pa,ssed and adopted. by the -Common. -Council of the
City of Richmond: Ind..iana. t
day of
1954.
19 Aa/&M/ h 0
ommon-uounc
ATTEST:-
"00
Sodom