ORDINANCE NO. 02-10-17.10B
AUTHORIZING TOWING OF VEHICLES
BY THE SHERIFF’S DEPARTMENT
I. DEFINITIONS.
The following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
SHERIFF. The Sheriff of Sandoval County
or designated representative.
IMPOUND. The towing and/or storage of a
motor vehicle by a wrecker service as authorized by the County or other
transport of a motor vehicle by the Sheriff’s Department for temporary storage
pursuant to the execution of lawful police purposes.
OWNER. The registered owner or owners of a vehicle as
recorded with the New Mexico Department of Motor Vehicles or similar agency of
a state outside New Mexico. Where
written notice to the owner is required, such notice shall be given in person
or by mail to each registered owner.
Where appearance of the owner is required, appearance may be made by a
person authorized in writing by the owner to appear on his behalf.
WRITTEN NOTICE. Notice shall be sent by mail,
to the owner’s address as provided by State Motor Vehicle Division, files
except as provided herein:
1. When
such notice is required, weekends and holidays shall not be included when
calculating the time for mailing notice.
2. When
a vehicle is registered in a state outside New Mexico, the Sheriff shall make
all reasonable and diligent efforts to ascertain from the appropriate motor
vehicle regulatory agency the name and address of all registered owners. If the name and address information for an
in-state or out-of-state registered vehicle is not available soon enough to
meet the time deadlines for mailing written notice, then the notice shall be
mailed as soon as possible after the information is received.
3. In lieu of mailed notice, notice may be
given by personal service or in any
other
reasonable manner, so long as actual notice is given within the time limits
provided. Notice may be verbal to an
owner who is present prior to or at the time of the towing of his vehicle, or
to the driver or passenger of a vehicle, if the driver or passenger reasonably
appears to have custody of the vehicle with the owner’s knowledge and
permission. Such notice shall be valid,
however, only if the person so notified is informed in writing of the location
of the storage facility where the vehicle will be stored and a phone number
where the owner can obtain further information from the County.
II. PROHIBITION OF REMOVAL AND RELOCATION.
It is unlawful for
a Sheriff’s deputy, or any County
employee, to remove or relocate, or cause to be removed or replaced, any
unattended vehicle from any street, alley or public way within the
unincorporated County limits.
III. ABANDONED VEHICLES.
A. A vehicle is abandoned if:
1. The
vehicle is parked on or along any street, alley or public way and the vehicle
displays no current license plate; or
2. The
vehicle is left unattended on or along any street, alley or public
way in the same place for a period of 72 hours without a valid Sheriff
sticker as defined in Section III B of this section.
B. The Sheriff may issue a sticker
temporarily permitting street storage, upon
application
of any owner or agent of an owner for any vehicle which is operable and has a
current license plate. Stickers shall
expire 15 days after issuance. No
owner, whether an individual, business, corporation, organization, partnership
or trust, is entitled to more than four stickers at any time.
C. When
a vehicle is abandoned on or along a street, alley or public way under
circumstances which do not allow summary removal or relocation, a notification
tag shall be attached to the vehicle in a manner which is readily visible
containing the following information:
1. The date
and time the tag is affixed to the automobile.
2. A
statement that, pursuant to this section, the vehicle may be towed
and stored at the owner’s expense if it is not removed within ten days of
the time the tag is affixed.
3. A
statement that the owner has the opportunity to challenge the
proposed action at a hearing if a written request is submitted to the
Sheriff in a specified manner within 96 hours of the time the tag is affixed,
not including weekends and county holidays.
4.
The telephone number where
additional information can be obtained; and
5. The identity
of the affixing person.
D. Written notice containing the same
information specified in Section III C of
this
section plus the location and a description of the vehicle shall be mailed to
the owner of the vehicle within 24 hours of affixing the notification tag
pursuant to Section III C above.
E. Upon
timely receipt of a request for a hearing as defined in Section C3 of this
section, the Sheriff shall order a delay of towing the vehicle until after the
hearing unless the vehicle is blocking a public right-of-way or creating a
current dangerous condition.
F. The
hearing, if requested within the 96-hour period set forth above, shall be
conducted by the Director of Public Works or his designee. The hearing shall be held within 72 hours
(excluding weekends and county holidays) of receipt of the request unless the
hearing is continued with the agreement of the owner. The hearing shall be informal and not bound by the technical
rules of evidence. At the request of
any party a record will be made of the hearing. The Hearing Officer shall only determine whether the vehicle is
or is not abandoned. The Hearing
Officer shall prepare a written decision within 48 hours of the hearing
(excluding weekends and holidays) and shall mail written notice of the same to
the owner within five working days of the hearing.
G. If
the Hearing Officer determines that the vehicle is abandoned, he shall so
notify the Sheriff, who shall authorize towing and impoundment of the vehicle.
H. If
the vehicle is removed, the person challenging the impoundment shall be
entitled to challenge the decision of the Hearing Officer by appeal to District
Court.
I. If
the hearing is requested pursuant to Section III F above, and the vehicle is
not removed within 120 hours of the time the notification tag was affixed, the
vehicle may be ordered impounded by a Sheriff’s officer who is authorized to
direct traffic or enforce state or local parking or motor vehicle laws.
IV. CIRCUMSTANCES PERMITTING SUMMARY VEHICLE IMPOUNDMENT
OR RELOCATION.
A.
Any Sheriff’s
officer or County employee who is authorized to direct traffic or enforce state
or local parking or motor vehicle laws, may order the impoundment of any
vehicle within the County limits, without prior notice to the owner or operator
thereof, under the following circumstances:
1. When
any vehicle is left unattended upon any bridge, viaduct, or causeway or in any
tube or tunnel where the vehicle constitutes an obstruction or hazard to
traffic;
2. When
any vehicle is parked or left standing upon a street, alley, or public way in
such a position as to obstruct the normal movement of traffic or in such a
condition as to create a hazard to other traffic;
3.
When any vehicle is found upon a
street, alley, public way or private
property, and an offense report has previously been made that the vehicle
has been stolen or a complaint has been filed and a warrant thereon issued
charging that the vehicle has been stolen, and the owner is not available to,
or cannot, immediately provide for its custody or removal;
4. When
any vehicle is illegally parked so as to block the entrance to a private
driveway;
5. When
any vehicle is illegally parked so as to prevent access by firefighting
equipment to a fire hydrant, or is illegally parked in a properly designated
fire lane;
6. When
the person or persons in charge of a vehicle are by reason of physical
injuries, intoxication, or illness incapacitated to such an extent as to be
unable to provide for its custody or removal, or the location of the vehicle is
such that a reasonable person would believe that its owner would desire its
relocation or removal;
7.
When the driver or person in
control of a vehicle is lawfully taken into
custody by a police officer, and the person is unable to immediately
provide for the custody or removal of
the vehicle, and the vehicle is left as described elsewhere in this Section IV
A, or the location of the vehicle is such that a reasonable person would
believe that its owner would desire its relocation or removal;
8. When
an abandoned, unattended, wrecked, burned or partially dismantled vehicle is
creating a traffic hazard because of its position in relation to the street,
alley or public way, or its physical appearance is impeding traffic;
9. Whenever
the use of the street, alley or public way or any portion thereof is authorized
by the County for the purpose other than the normal flow of traffic or the
movement of equipment, articles, or structures of unusual size, and the parking
of any vehicle would prohibit or interfere with such use of movement, and signs
giving notice that such a vehicle may be removed are erected or placed at least
24 hours prior to the removal.
10. When
any vehicle is parked or left standing where prohibited by ordinance or other
state or local law. No vehicle may be
removed pursuant to Section III unless
signs are posted giving notice of its removal at least 24 hours prior to the
removal.
11. When
any vehicle is parked or standing in a manner so as to obstruct necessary
emergency services, or the routing of traffic at the scene of a disaster or
removal is otherwise necessary in the interest of public safety because of any
emergency, and moving the vehicle to a legal parking location is
impractical. However, the owner or
operator of a vehicle so relocated or removed shall not be subject to any
relocation, removal or storage charges, if the vehicle is otherwise lawfully
parked. Such charges shall be paid by
the County, except that in the case of emergency utility repairs when such charges
shall be paid in advance by the utility company seeking removal.
12. When
a vehicle is parked, left unattended or abandoned during a fire, flood, storm
or other public emergency which is apt to cause substantial damage to the
vehicle, removal is in the best interest of the owner, and moving the vehicle
to a safe location is impractical; or
13. When
a vehicle is either unattended or disabled and loaded with either a dangerous,
flammable, combustible or explosive substance which, either by its presence or
load conditions is likely to harm the health or safety of the public and moving
the vehicle to a safe, legal location is impractical;
14. When
any vehicle is parked in such a manner as to obstruct or interfere with any
road, sidewalk or right-of-way maintenance or construction, or any
non-emergency utility work, and it is impractical to relocate the vehicle to
another point where parking is legal.
No vehicle shall be removed unless signs are posted giving notice of the
work to be done and the possibility of removal at least 24 hours prior to the
removal.
15. When
a vehicle is being driven in an unsafe manner under the state law due to one of
the following:
(a) Failure
to have insurance on the vehicle as required under state law and as documented
by one of the following:
(1) An
admission by the driver or other occupant of the vehicle;
(2) Confirmation
through the New Mexico Department of Motor Vehicle records showing a prior
citation for failure to have insurance within the past six months;
(3) Confirmation
by the citing officer that the insurance company driver claims covers the vehicle does not in fact insure it;
(b) Failure
to have a driver’s license as shown by New Mexico Department of Motor Vehicle
records; or
(c) Driving
when the driver’s license has been suspended or revoked as shown by New Mexico
Department of Motor Vehicle records.
A. Immediately after a vehicle is towed
under Section IV, the Sheriff shall
promptly
notify the Director of Public Works, who shall within 24 hours of towing send
written notice to the owner of the removal of the vehicle.
B. The notice shall contain information to
be designated by the Sheriff, which
shall
include the following:
1. The license
plate number, make, type and color of the vehicle;
2. The
former location of the vehicle;
3. A
statement that the vehicle has been taken into custody and stored;
4. The
reason for the impoundment;
5. The
location and telephone number of the storage facility where the
vehicle is being kept;
6. A
statement that daily storage charges will be assessed in addition to
a towing charge;
7. A
statement that the owner may obtain release of the vehicle by
paying the charges in full to the storage
facility;
8. A
statement that the owner has the right to contest the validity of the
impoundment by requesting a hearing in writing within ten days of mailing
of the notice;
9. A
statement that failure to obtain release of the vehicle will cause it to
be sold or otherwise disposed of in accordance
with state law.
10. A phone
number and name or title of a County employee from whom
the owner can obtain further information;
C. The Hearing Officer’s decision shall be
limited to:
1. Whether
the vehicle was lawfully impounded for one or more of the
reasons set forth herein.
2. Whether
the vehicle, although lawfully impounded, should be
released at the County expense.
D. The decision of the Hearing Officer may
be challenged by filing a notice of
appeal
with the District Court as provided by law.
The owner shall have the burden of proving that the Hearing Officer’s
decision is unsupported by the evidence.
The Hearing Officer shall determine whether or not the vehicle was
lawfully impounded or should otherwise be released at the County’s expense, and
may substitute judgment for that of the
Hearing Officer.
E. If
the District Court finds the vehicle in question was not lawfully impounded or
the vehicle should otherwise be released at the County’s expense. The authorized garage having custody of the
vehicle shall release the vehicle to its owner and towing and storage fees
shall be paid by the County in accordance with arrangements to be made between
the County and authorized garages. If
the owner fails to present such certificate to the authorized garage having
custody of the vehicle within 24 hours of its receipt, excluding days when the
garage is not open for business, the owner shall assume liability for all
subsequent storage charges. The certificate shall advise the owner of
such requirement.
F. In lieu of towing and impoundment by a
Sheriff’s deputy, or any County
employee
who is authorized to direct traffic or enforce state or local parking or motor
vehicle laws, the County may relocate or cause to be relocated any vehicle from
any street, alley or public way within the County limits, without prior notice
to the owner or operator thereof when the relocation is to a safe, legal location, is practical without
the use of a wrecker and the vehicle is found under the circumstances set forth
above.
G. Whenever a vehicle could be impounded or removed, and the driver of the vehicle is present, the deputy or authorized employee may order the driver to move the vehicle to another location.
H. Whenever a sign is required to give notice
of the possibility of removal of a vehicle, such sign shall:
1. State
that the area is a tow-way zone, or that violations of the
restrictions stated on the sign may result in
towing; and
2. Be readily
visible from the point of removal.
The notice, hearing and
bond provisions set forth herein shall not apply to
impoundment of the
following vehicles, which impoundment is hereby authorized:
A. A vehicle which is impounded for purposes
of a criminal investigation or as
evidence
of a crime; or
B. A vehicle which is lawfully seized
pursuant to state or federal law.
A. Any
vehicle impounded shall be towed, in accordance with state and local law, to an
authorized storage facility or an area designated or maintained by the
Sheriff’s Department or by this County.
The Sheriff’s Department member authorizing impoundment shall obtain a
receipt from the wrecker service to which such vehicle is delivered indicating
the date, hour and place of delivery and the identification of the
vehicle. In the event such vehicle is
stored in a public garage, the Sheriff’s Department member shall issue signed
and dated instructions in writing to the garage (or wrecker) specifically
stating whether the vehicle is to be held for investigation or as evidence, or
as the subject of forfeiture proceedings, or whether it may be released to the
owner after all attendant charges have been satisfied.
B. If any vehicle is about to be removed or
is in the process of being removed
from
such street and the owner thereof or his agent appears and claims the vehicle
and agrees to immediately remove it from such street, such vehicle shall be
delivered to such owner or agent upon demand therefor and upon furnishing
satisfactory evidence of identity and ownership or agency. If any such owner or agent shall fail,
refuse or neglect to forthwith remove such vehicle, such vehicle shall
nevertheless be removed and impounded.
Removal by such owner or agent shall not relieve the offender of
liability for any towing costs already incurred or for any fine or penalty for
the violation of any law or ordinance for which the vehicle was to be removed.
A. The Director of Public Works or his/her
designated representative shall order
release
of an impounded vehicle at the County’s expense upon presentation to the garage
of impoundment, proof of ownership, and a Certificate of Release from the
County’s Hearing Officer, presented within 24 hours after its receipt. If the vehicle is not removed within one
working day of such an order, additional charges shall be borne by the owner.
B. In all other cases, upon proof of
ownership and certification from the Sheriff
that
the vehicle is insured as required under state law, an impounded vehicle shall
be released only after direct payment of the accumulated impoundment fees by
the owner or the owner’s designee. The
Sheriff will provide such certification upon receiving proof that the vehicle
is insured as required under state law.
C. An owner who desires a hearing on the
validity of an impoundment shall
request,
and the garage shall issue, a receipt for the amount paid in satisfaction of
impoundment charges.
1. The owner
shall forfeit the amount paid if: the owner fails to appear
at the hearing before the County’s Hearing Officer or, in the case of an
appeal, before the Court, or if it is finally determined, after the hearing or
appeal, that the impoundment was valid.
2. The owner
shall be entitled to reimbursement from the County for the
full amount paid upon presentation of the receipt required herein if,
after hearing and appeal, if any, it is determined that the impoundment was not
valid.
D. This Ordinance does not authorize release
of any vehicle held for
investigation
or as evidence of a crime or seized pursuant to state or federal law. Such vehicle shall be released only upon the
written order of the Sheriff’s deputy responsible for its impoundment or upon
an affirmative written statement by the Sheriff that such vehicle is no longer
needed for investigative or evidentiary purposes or for forfeiture
proceedings. The County shall bear the
cost of towing and storage for such impoundments if the owner or any person
operating the vehicle with his permission was not involved in any criminal
activity that was any part of the reason for the impoundment. The burden of proving such lack of
involvement shall be upon the person claiming it. The Sheriff or his designee may execute a Certificate of
Release.
This Ordinance shall become effective and be in full force and effect, from and after January 1, 2003.