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Show (ORDINANCE NO. 2-72 AN ORDINANCE REGULATING IMPOUNDMENT OF MOTOR VEHICLES. . BE IT ORDAINED BY THE CITY COUNCIL OF PARK CITY, UTAH: Sec. 1. AUTHORITY TO REMOVE; RE-MOVE; SITUATIONS ENUMERATED ENUM-ERATED WHEN REMOVAL AUTHORIZED. Members of the police de- partment are hereby authorized i to remove, or have removed at J their direction, a vehicle from any street, alley, highway, roadway, sidewalk, ditch or other public way or place, and from any restricted or prohibited pro-hibited parking area, to any garage maintained by the city or the police department for the storage of impounded vehicles, ve-hicles, or in any private garage approved by the city manager for such purposes and designated desig-nated on a list of such approved garages posted in his office, or to any other place of safety, under any of the circumstances hereinafter enumerated. The city council hereby determines vehicles under the following circumstances to be obstruc- tained for the storage of impounded im-pounded vehicles or at a garage designated for such storage for a period of thirty (30) days and no claim of ownership or the right to possession thereof has been made, or when such claim has been made but not established estab-lished to the satisfaction of the Municipal Justice, and no suit or action to determine such claim has been instituted and impending, impend-ing, the chief of police may dispose dis-pose of such vehicle as provided in this section. The chief of police shall cause written notice to be given to all persons known by him to claim an interest in the vehicle. Such notice shall be given by delivering in person, or by registered mail, addressed addres-sed to the last known address of the business or residence of the person to be notified. The notice shall contain: (1) An itemized statement of the amount due to the city for removal of and storage of the vehicle showing the amount due at the time of notice. (2) A description of the vehicle. (3) A demand that the amount due the city as stated in the notice and such further claims as shall accrue shall be paid and the right to the possession of the vehicle be established to the satisfaction satisfac-tion of the Municipal Justice on or before a date mentioned, mention-ed, being not less than ten (10) days from the delivery of the notice if it is personally delivered de-livered or from the date of registration of the letter, and the statement that unless the amount so due the city is paid and the right to the possession of the vehicle is established to the satisfaction of the Municipal Mun-icipal Justice within the time specified the vehicle will be advertised for sale and sold by auction at a specified time and place. Sec. 6. AUCTION In accordance with the terms of the notice given under sections sec-tions 3 and 4 sale of the vehicle by auction may be had to satisfy the claim of the city for the storage and removal of the ve- -hide and to discharge the city from further responsibility in connection with the vehicle and from any duty to further retain or store the same. The sale shall be held at the place where the vehicle is stored or impounded im-pounded or if such is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim and the establishment to the satisfaction of the Municipal Justice of the right to possession posses-sion of the vehicle has elapsed, if such notice was given when required, an advertisement of the sale describing the vehicle to be sold and stating the names of all persons known by the Municipal Mun-icipal Justice to claim an interest inter-est in the vehicle if there are any such persons, and the time and place of the sale shall be published once a week for two (2) consecutive weeks in a legal newspaper published in the county. The sale shall be had not less than fifteen (15) days from the date of the first publication. pub-lication. Sec. 7 PROCEEDS OF SALE (Continued on Page Fifteen) or unusual noise. (14) When a vehicle is parked park-ed upon private property without the permission of the owner thereof. Sec. 2. CHARGES FOR RELEASE RE-LEASE No vehicle removed and stored stor-ed or impounded as provided for in this article shall be released re-leased until the charge for towing tow-ing or otherwise removing such vehicle together with a charge for storage of the same, shall have been paid. The charges for towing, removal, storage and impoundment of such vehicles ve-hicles shall be established by the Municipal Justice. Sec. 3 NOTICE TO OWNER OF IMPOUNDMENT Whenever the police officer or any other employee of the city so authorized removes a vehicle and causes it to be impounded im-pounded as authorized in this article and the officer or other employee knows or is able to ascertain from the registration, or other records in the vehicle ve-hicle or otherwise, the name of the owner and address of the owner thereof, such officer or employee shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, the reason rea-son therefor, and the place to which such vehicle has been removed. re-moved. Sec. 4 NOTICE TO STATE DEPARTMENT DE-PARTMENT WHEN OWNER UNKNOWN. , Whenever an officer or employee em-ployee or agent of the city removes re-moves a vehicle from a public way under the provisions and authority of this article and does not know or is not able to ascertain the name of the owner thereof or for any other reason is unable to give the notice to the owner as provided pro-vided in section 3 and in the event the vehicle is not returned return-ed to the owner within a period of three (3) days, then in that event, the chief of police shall immediately send or cause to be sent a written report of such ; removal by mail to the state department whose duty it is to register motor vehicles. Such notice shall include a complete description of the vehicle, the date, time and place of removal, the reasons for such removal, and the name of the garage or other place where the vehicle is stored with a request that the owner of the vehicle be notified immediately. Sec. 5 DISPOSAL Whenever, pursuant to the terms of thisarticle, a vehicle has been stored on a lot main- tions to traffic and public nuisances. nuis-ances. Such vehicles shall be subject to removal under this section: (1) When any vehicle is left unattended upon any bridge or where such vehicle constitutes con-stitutes an obstruction to traffic. (2) When a vehicle upon a public way is so disabled as to constitute anobstructionto traffic and the person in charge of the vehicle is by way of physical injury or illness ill-ness incapacitated to such an extent as to be unable to provide pro-vide for its custody or removal. re-moval. (3) When any vehicle is left unattended upon a street or is parked illegally so as to constitute con-stitute a definite hazard or obstruction to the normal movement of traffic, or left unattended on any public street with engine running or keys in the ignition switch or lock. (4) When any vehicle is parked or left standing upon any area or portion of a public pub-lic street in violation of or contrary to a parking limitation limita-tion or prohibition established establish-ed by the city manager provided pro-vided such area or portion or such public street has by him been posted with an official sign giving notice both of limitation or prohibition. (5) When a vehicle is left parked at the same place continuously con-tinuously for a period of seventy-two (72) hours. (6) When any vehicle has been taken into custody by the police department and the vehicle ve-hicle would thereby be left unattended on a street, highway high-way or restricted parking area or other public way. (7) When the driver of a vehicle ve-hicle is reasonably suspected of using license plates or lir cense permit unlawfully, or a vehicle is driven or parked without proper license permit, per-mit, or driven or parked without with-out proper license plates or license permits, or with no license plates or license permit, per-mit, or driven or parked with an invalid or expired license permit. (8) When the driver of a vehicle is driving without an operator's license, or chauffeur's chauf-feur's license which is current cur-rent and valid or who does not have such license in his immediate im-mediate possession, or drives a vehicle while his operator's license or chauffeur's chauf-feur's license has been denied suspended, cancelled or revoked re-voked by the state. (9) When a vehicle is found parked on or so near to any railroad track as to block the same in any manner. (10) When the driver of any vehicle or the vehicle which he is driving is reasonably suspected of having been involved in-volved in any hit and run accident. (11) When the driver of any vehicle is taken into custody for a suspected felony or misdemeanor, mis-demeanor, or when the vehicle ve-hicle is suspected of containing contain-ing stolen goods, or other contraband. (12) When any vehicle is reasonably suspected of being a stolen vehicle or parts thereof to be stolen parts. 03) When any motor vehicle, ve-hicle, by reason of having no muffler, or a defective or inadequate muffler, or a muffler muf-fler which has been modified in such a manner as to amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler muf-fler originally installed on the vehicle, emits an excessive Council, it is necessary for the preservation of the peace, health and safety of this City that this ordinance shall be effective immediately. This ordinance shall take effect ef-fect upon the date of its first posting. PASSED, ADOPTED AND ORDERED POSTED by the City Council of Park City, Utah, this 20th day of October, 1972. Wm. Sullivan MAYOR ATTEST: Violet Terry CITY CLERK Published in The Park Record Rec-ord October 26, 1972. (Continued from Page Fourteen) From the proceeds of a sale under section 6, the Municipal Justice shall satisfy the claim of the city for such charges for removal and storage of the vehicle, and for the reasonable reason-able charges or expenses for or of such notice, advertising and sale. The balance, if any, of the proceeds will be paid into the treasury of the city and appropriated to the general fund. No claim for refund shall be made by any person entitled to the same except such claim is made within one (1) year from the date of any sale resulting in the payment of any such proceeds pro-ceeds into the treasury. Such claim for refund shall be made to the Municipal Justice who shall make a thorough examination examina-tion of the claim so made. The failure on the part of any person per-son so to request the initiation of a refund to him within one (1) year from the date of sale shall be conclusive of the fact that he has no meritorious claim for such refund within the set period of one (1) year from the date of sale he shall not thereafter there-after commence any action, suit or proceeding whatsoever to obtain ob-tain the same and the city shall be under no liability to him whatsoever by reason of such sale of the payment of any part of the proceeds of such sale or the entire proceeds of the said sale in the treasury of the city. Sec. 8 SALE TO CITY When any vehicle is offered for sale at auction pursuant to the terms of this article and there is no bid or offered bid for the same, the Municipal Justice shall declare the same to -be- sold to the city for the amount of the charges for the removal and storage of such vehicle ve-hicle and the charges and expenses ex-penses of notice, advertisement, advertise-ment, and sale, and shall place the vehicle in the custody of such department of the city as he in ' his sole discretion, may determine deter-mine for the sole benefit and use of the city. Sec. 9 NO RIGHT OF REDEMPTION REDEMP-TION There shall be no right of redemption from any sale made pursuant to the terms of this article and after a vehicle has been sold pursuant to such terms neither the city nor any officer, agent, or employee thereof shall be liable ior failure fail-ure to deliver such vehicle to any one other than the purchaser or purchasers at such sale. In the opinion of the City |