16.30.220 Towing Without Prior Notice.
(Amended by Ordinance Nos. 165980, 170912, 176352, and 176442, effective May
1, 2002.) Any authorized officer may, without prior notice, order a vehicle
towed, when:
A. The vehicle is impeding or likely to impede the normal flow of
vehicular or pedestrian traffic;
B. The vehicle is illegally parked in a conspicuously posted
restricted space, zone, or traffic lane where parking is limited to designated
classes of vehicles or is prohibited in excess of a designated time period, or
during certain hours, or on designated days, or at any time and place the
vehicle is interfering or reasonably likely to interfere with the intended use
of such a space, zone, or traffic lane;
C. The vehicle is parked in front of a rural-type mailbox and has been
cited within the previous 30 days for violation of Section 16.20.130 E;
D. The vehicle poses an immediate danger to the public safety;
E. The vehicle is illegally parked within 10 feet of a fire
hydrant.
F. A police officer reasonably believes that the vehicle is
stolen;
G. A police officer reasonably believes that the vehicle or its
contents constitute evidence of any offense, if such towing is reasonably
necessary to obtain or preserve such evidence;
H. The vehicle was in possession of a person taken into custody by a
law enforcement officer and no other reasonable disposition of the vehicle is
available;
I. The vehicle is parked or stopped in violation of 16.20.120 A and the
vehicle alarm system disturbs, injures, or endangers, or is likely to disturb,
injure, or endanger, the peace, quiet, comfort, repose, health, or safety of the
public or any person; or
J. The vehicle is in the possession of a person arrested for any
felony traffic offense, as defined by Oregon Revised Statutes.
K. A police officer has probable cause to believe that the vehicle’s
operator has committed any of the following offenses:
1. Driving uninsured (ORS 806.010);
2. Driving while suspended or revoked (ORS 811.175 or ORS 811.182);
3. Operating a vehicle without driving privileges or in violation of
license restrictions (ORS 807.010) and the operator’s license has been expired
for 60 days or more, or that the operator has not had a valid driver’s license
within the previous 60 days.
4. Driving while under the influence of intoxicants (ORS 813.010);
5. Fleeing or attempt to elude police officer (ORS 811.540);
6. Speed racing on highway (ORS 811.125); or
7. Reckless driving (ORS 811.140).
L. A police officer has probably cause to believe that the vehicle has
been used or is possessed for the purpose of being used to commit or conceal the
commission of one or more of these offenses:
1. Prostitution (ORS 167.007), Promoting prostitution (ORS 167.012),
or Compelling prostitution (ORS 167.017) or any attempt, solicitation or
conspiracy of one of these offenses; or
2. Unlawful delivery of imitation controlled substance (ORS
475.991), Unlawful possession, delivery, or manufacture of controlled
substance (OR 472.992), Unlawful distribution of controlled substance to
minors (ORS 475.995), Unlawful manufacture or delivery of controlled substance
within 1,000 feet of school (ORS 475.999), or any attempt, solicitation, or
conspiracy of one of these offenses.
16.30.310 Notice Prior to Tow.
(Amended by Ordinance No. 172788, effective November 13, 1998.)
A. Except where shorter notice is allowed by this title, notice for
vehicles which require prior notice before towing must be provided by:
1. Affixing a tow warning to the vehicle at least 10 days prior to
the tow; and
2. Mailing a notice to the registered owner(s) and any other persons
who reasonably appear to have an interest in the vehicle within 48 hours,
Saturdays, Sundays, and holidays excluded, after the tow warning is affixed to
the vehicle.
B. The tow warning and the mailed notice will state that:
1. The vehicle is parked in violation of City Code;
2. The City intends to tow and remove the vehicle if the violation
is not corrected; and
3. A hearing is available to contest the validity of the intended
tow, and the method of requesting a hearing, including the date by which a
hearing may be requested.
C. If a timely request for hearing is received pursuant to Subsection
16.30.400, the vehicle will not be towed until the Tow Hearings Officer makes a
determination.
16.30.320 Notice After Vehicle Tow.
A. After a vehicle has been towed pursuant to this Chapter, notice will
be provided to the registered owner(s) and any other person(s) who reasonably
appear to have an interest in the vehicle. Notice will be mailed to such persons
within 48 hours after the tow of the vehicle, Saturdays, Sundays, and holidays
excluded, and will state:
1. That the vehicle has been towed;
2. The location of the vehicle and that it may be reclaimed only
upon evidence that the claimant is the owner or person entitled to
possession;
3. The address and telephone number of the person or facility that
may be contacted for information on the charges that must be paid before the
vehicle will be released and the procedures for obtaining the release of the
vehicle;
4. That the vehicle and its contents are subject to a lien for the
towing and storage charges; that if the vehicle is not claimed within 15 days
after the mailing date of the notice, the vehicle and its contents will be
subject to sale by the City or the towing and storage facility where the
vehicle is located and that failure to reclaim the vehicle within such time
will constitute a waiver of all interest in the vehicle; and
5. Unless notice of the availability of a hearing to contest the tow
has been provided prior to towing as prescribed in Section 16.30.310, the
notice will state that a hearing may be requested to contest the validity of
the tow and will set forth the time in which a hearing must be requested and
the method of requesting a hearing.
B. If a vehicle has been reclaimed prior to the mailing of the notice,
no notice need be mailed or provided, but the person or persons reclaiming the
vehicle must be provided with written notice of the opportunity for a hearing to
contest the tow pursuant to Section 16.30.350.
C. In those circumstances in which it can reasonably be anticipated
that mailing of notice may hinder or prevent the apprehension of a suspect in an
ongoing criminal investigation, the mailing of notice may be delayed until such
time as will not prejudice that investigation or apprehension.
16.30.410 Request for Hearing.
(Amended by Ord. No. 170923, effective March 21, 1997.)
A. After a vehicle has been towed pursuant to subsection 16.30.220 or
16.30.225 and prior to towing pursuant to subsection 16.30.230, the owner(s) and
any other persons who reasonably appear to have an interest in the vehicle are,
upon timely application filed with the Tow Hearings Officer, entitled to request
a hearing to contest the validity of the tow or intended tow of the
vehicle.
1.
In the case of a vehicle towed pursuant to Subsection 16.30.220 or
16.30.225, such application must be filed with and received by the Tow
Hearings Officer not later than 10 days after the vehicle was towed.
2. In the case of a vehicle proposed to be towed pursuant to
Subsection 16.30.230, such application must be filed with and received by the
Tow Hearings Officer not later than 10 days after the affixing of the tow
warning to the vehicle.
B. The Tow Hearings Officer may, for good cause shown, grant a request
for hearing filed after the foregoing time requirements have expired. If the
mailing of the towed vehicle notice was delayed pursuant to Subsection
16.30.310, the Tow Hearings Officer will grant a request for hearing received
and filed within 10 days of the mailing date of the notice or 10 days of the
date the vehicle was reclaimed, whichever first occurs.
C. The request for hearing must be in writing and will state the grounds
upon which the person requesting the hearing believes the tow or proposed tow
invalid, or, for any other reason, unjustified. The request for hearing will
also contain such other information, relating to the purposes of this Chapter,
as the Tow Hearings Officer may require.
D. The Tow Hearings Officer will set and conduct an administrative
hearing on the matter within 14 days of receipt of a proper request filed
pursuant to this Section. In all cases where a vehicle has been towed and not
yet released, however, the Tow Hearings Officer will set and conduct the hearing
within 72 hours, not including Saturdays, Sundays, or holidays, on receipt of
the request.
16.30.450 Hearing Administration.
A. The decision of the Tow Hearings Officer is a quasi-judicial decision
and is final, and is not appealable to the City Council.
B. Any person who has a hearing scheduled pursuant to this Section and
fails to appear at such hearing without good cause shown, as determined by the
Tow Hearings Officer, will not be entitled to have such hearing rescheduled.
C. The owner(s) and any other person(s) who have an interest in the
vehicle are only entitled to one hearing for each tow of that vehicle.
D. Owners of vehicles towed by order of the District Court pursuant to
Subsection 16.30.240 are not entitled to a hearing pursuant to this Chapter.
E. The Code Hearings Officer, appointed pursuant to Title 22, will act
as Tow Hearings Officer pursuant to this Chapter. Subject to the approval of the
Commissioner In Charge, the Code Hearings Officer may, in writing, designate one
or more persons to act as Tow Hearings Officer during the absence or
unavailability of the Code Hearings Officer.
16.30.520 Charges and Release of Vehicle.
(Amended by Ordinance Nos. 165980, 167222, 175648 and 176352, effective March
27, 2002.)
A. Any private company that tows and stores any vehicle pursuant to
this Chapter, shall have a lien on the vehicle, in accordance with ORS 87.152,
for the just and reasonable charges for the tow and storage services performed.
The company may retain possession of that vehicle, consistent with this Chapter,
until towing and storage charges and an administrative fee have been paid.
B. If the required towing and storage charges and an administrative
fee have been paid, the vehicle must be immediately released to the person(s)
entitled to lawful possession. A vehicle towed pursuant to Section 16.30.220 K.
shall be immediately released to the person(s) entitled to lawful possession
upon proof that a person with valid driving privileges will be operating the
vehicle, proof of insurance and payment of towing, storage and payment of an
administrative fee to the police agency. If towing and storage charges and an
administrative fee have not been paid, a vehicle will not be released, except
upon order of the Towing Hearings Officer.
C. A vehicle towed pursuant to this Chapter may only be released to
the owner, or to the person who was lawfully in possession or control of the
vehicle at time it was towed, or to a person who purchased the vehicle from the
owner and who produces written proof of ownership. In all cases, adequate
evidence of the right to possession of the vehicle as determined by the City
Towing Board of Review, must be presented prior to release of the
vehicle.
16.30.620 Sale of Vehicles.
(Amended by Ord. No. 166575, June 2, 1993.)
A. As often as is necessary, the City Traffic Engineer will be
provided with a list of all unclaimed vehicles which have been towed and stored
by or for the City which:
1. Have been in storage 15 days or longer and have been appraised at
a value of $750 or less, or;
2. Have been in storage for 30 days or longer.
B. The City Traffic Engineer will, as soon as convenient, authorize
the sale of, or sell such vehicles in accordance with the provisions of any
contract authorized by the Council. If there is no such contract, the City
Traffic Engineer will sell such vehicle at public auction.
1.
If a vehicle is sold in accordance with the provisions of a
contract, the Director of the City Traffic Engineer will ensure, at the time
of sale, a certificate of sale in substantially the following form is issued
to the purchaser:
"CERTIFICATE OF SALE
This is to certify that under the provisions of the Traffic Regulations of
the City, I did on the . . . . day of . . . . . , 19 . . . sell to . . . . . .
. . . . . . . of . . . . . . . . . . . . . for the consideration . . . . . . .
. . . Dollars ($ . . . .) the following described personal property:
(Brief description of property)
Dated this . . . . day of . . . . ., 19 . . . .
. . . . . . . . . . . . . . . . .
City Traffic Engineer
NOTE: The City of Portland assumes no responsibility as to condition or
Title of the above described property. In case this sale is for any reason
invalid, the liability of the City is limited to return of the purchase
price."
2. If the City Traffic Engineer decides to sell any vehicles held
pursuant to this Chapter at public auction, notice of the time and place of
such auction sale must be given by publication in the official paper of the
City for a period of at least 10 days prior to the date of such sale. Such
vehicles must be sold to the highest bidder for cash.
C. The proceeds of such sale will be first applied to payment of the
cost of such sale and expense incurred in the preservation and custody of such
vehicles and the balance, if any, will be credited to the Transportation
Operating Fund of the City.
16.30.730 Manner of Moving Vehicle.
(Amended by Ord. No. 165594, July 8, 1992.)
A. The City officer or employee ordering a vehicle to be towed may
direct that the vehicle be towed and parked at any legal parking space on the
public right-of-way at any storage facility designated by the City.
B. The City officer or employee is not limited to the City Tow
Contract rotation and may enter into agreements with any towing or other firm
for removing vehicles.
C. The City officer or employee ordering a vehicle to be towed
pursuant to this Section will notify the Police Bureau of the location of the
towed vehicle within 1 hour after the completion of the tow.
D. The costs of towing and storing the vehicle for a period not to
exceed 72 hours will be paid by:
1. The City in the case of a tow requested by a City officer or
employee, or
2. The permittee in the case of a tow requested by a permittee.
E. The owner of the vehicle may be charged a reasonable storage fee
for the storage of the vehicle if the vehicle is towed and stored at a private
storage facility and the owner fails to remove the vehicle from the private
storage facility within 72 hours after the vehicle was towed.
16.30.810 Solicitation of Towing Business at Accidents Prohibited.
(Amended by Ord. No. 165594, July 8, 1992.)
A. Except as otherwise provided herein, no person with a direct or
indirect interest in any business engaged in the towing or recovery of motor
vehicles for a profit nor any person employed by such a business nor any person
receiving any fee or remuneration from such a business, may solicit or attempt
to solicit towing business at or near the site of a motor vehicle accident.
B. The prohibitions set forth in Subsection A do not prohibit any
person from providing or offering to provide towing services if:
1. The services are provided without charge, fee, or other
remuneration;
2. The services are provided or offered at the direction or request
of a police officer;
3. The services have been requested by the owner, operator, or other
person in charge of the vehicle by radio or telephone communication or
otherwise at a location other than the accident site; or
4. Allowed by government contract or franchise.
C. "Solicit or attempt to solicit towing business" means to offer or
attempt to offer motor vehicle towing or recovery services for a fee or
remuneration.
D. Violation of subsection A of this section is a traffic infraction,
punishable by a fine not to exceed $500.
