HomeMy WebLinkAboutCHAPTER 132 CHAPTER 132. IMPOUNDING OF VEHICLES
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Updated 2014 132-1
132. IMPOUNDING OF VEHICLES
132.01. Definitions. Subdivision 1. As used in this chapter the terms defined in this
section shall have the meanings ascribed to them.
Subd. 2. "Vehicle" means any motor vehicle, trailer or other vehicle used or intended
to be used for the transportation of persons or property, including all property or cargo located
within, loaded upon or attached to any such vehicle.
Subd. 3. "City engineer" includes not only the city engineer but also all other
employees of the city in the department of public services and other persons, firms or
corporations hired or retained by the city to perform the duties required of the city engineer
under this chapter.
Subd. 4. "Unlawfully parked vehicle" means any vehicle which is unlawfully parked,
abandoned or left unattended upon the streets or public grounds of the city in violation of state
laws or this code.
Subd. 5. "Streets and public grounds" means all public streets, highways, roads,
alleys, lanes, and park roads in the city and all public grounds owned by and in the city.
132.02. Removal of Unlawfully Parked Vehicles. The city engineer, chief of
police, or their designees, are authorized to remove or cause to be removed any
vehicle which is unlawfully parked upon the streets or public grounds of the city in
violation of state law or the provisions of this code. A police officer is authorized to
remove any vehicle for safety and evidentiary reasons when the vehicle’s driver is
taken into custody. Any vehicle removed pursuant to this section may be towed or
otherwise transported to any public or private garage, parking area or storage area in
the city and impounded in such garage or parking area until reclaimed by the owner or
other person entitled to possess the vehicle.
132.03. Section 132.03 – repealed by Ordinance Number 3181 – July 7, 1998.
CHAPTER 132. IMPOUNDING OF VEHICLES
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132.04. Notification to Owners. The police department shall establish such
administrative procedures as are necessary to obtain immediate notification of all vehicles
removed from streets or public grounds and stored and impounded in accordance with the
provisions of this chapter and shall, as soon as practicable and in no event later than 48 hours
after impoundage, notify the person indicated by registration to be the owner of a removed
and impounded vehicle, of the following:
(1) A general description of the impounded vehicle together with the number
of the license plate thereon.
(2) The approximate time and reason for removal and impoundage.
(3) The place where such vehicle has been impounded and the hours during
which the vehicle can be reclaimed.
(4) The charge to be paid by the owner for removal and storage of such
vehicle shall not exceed the schedule of charges approved by from time to time
by resolution of the common council.
The notification to the owner shall be in writing and shall be deposited with postage prepaid in
the United States mail at Rochester, Minnesota addressed to the registered owner at the
address given on the vehicle registration or other last known address.
132.05. Reclaiming Impounded Vehicles. Any vehicle removed, stored and
impounded in accordance with this chapter may be reclaimed by the owner or other person
entitled to possession thereof, during reasonable hours established by the police department
for this purpose, which hours shall include at least the period from 8:00 a.m. to 5:00 p.m. on
Monday through Friday of each week, except legal holidays.
Before any such impounded vehicle shall be surrendered by the police department, the
owner or other person entitled to possession thereof shall satisfactorily establish his
ownership or right to possession and shall pay all charges imposed for towing or
transportation and storage of the impounded vehicle.
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132.06. Removal from Impounding Area. No person shall remove any vehicle lawfully
impounded in accordance with the provisions of this chapter from any impounding area
without first satisfactorily establishing his ownership or right to possession and paying all
charges imposed for towing or transportation and storage of such vehicle.
132.07. Penalty Not Excused. Nothing in this chapter shall be construed to relieve the
owner or other person responsible from any fine or penalty otherwise imposable because of
the unlawful parking of a vehicle in violation of state law or this code.
(1422, 11/6/67; 1743, 2/4/74; 1924, 12/19/77; 2168, 2/7/81; 2679, 2/6/90; 3181, 7/7/98; 3254,
6/22/99)