HomeMy WebLinkAboutORD 1195ORDINANCE NO. 1195
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING
CHAPTER 10.25, PALM DESERT VEHICLE IMPOUND PROGRAM,
SECTIONS 10.25.010, 10.25.020, 10.25.030, AND 10.25.040 OF THE PALM
DESERT MUNICIPAL CODE.
WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert
Police Department, impounds and/or stores numerous and various vehicles from highways,
public property, or private property, in the City of Palm Desert during the normal course of duty;
and
WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert
Police Department, impounds and/or stores vehicles pursuant to its authority under the
California Vehicle Code Sections 22650 through 22669; and
WHEREAS, Vehicle Code Section 22850.5 added by Assembly Bill 481, Chapter 614
Statutes of 1993, became effective January 1, 1994, specifically authorizing cities by ordinance
or resolution to establish an administrative charge relating to the removal, impound, storage, or
release of vehicles; and
WHEREAS, stolen and embezzled vehicle victims will be exempt from service fees for
the impoundment and/or storage, and release of stolen vehicles; and
WHEREAS, situations may arise that warrant the exercise of prudent discretion to
forego or excuse the proposed service fee;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
California, as follows:
SECTION 1: Title 10 of the Palm Desert Municipal Code is adding Chapter 10.25 to read as
follows:
"Chapter 10.25"
VEHICLE IMPOUND COST RECOVERY FEE
Sections:
10.25.010
Administrative Fee
10.25.020
Stolen or Embezzled Vehicles Exempt
10.25.030
Police Department Discretion
10.25.040
Administrative Costs Imposed
Section 10.25.010 ADMINISTRATIVE FEE
Pursuant to California Vehicle Code Section 22850.5, an administrative fee shall be
imposed as set forth in this Chapter for the recovery of impounded and/or stored vehicles in an
amount set by Resolution.
ORDINANCE NO. 1195
Section 10.25.020 STOLEN OR EMBEZZLED VEHICLES EXEMPT
The victims of stolen or embezzled vehicles shall be exempt from this administrative fee
when their vehicles are released from impound and/or storage.
Section 10.25.030 POLICE DEPARTMENT DISCRETION
The Riverside County Sheriff's Department, acting as the Palm Desert Police
Department, may, in the exercise of its discretion, forego or excuse this administrative fee when
deemed appropriate by the Chief.
Section 10.25.040 ADMINISTRATIVE COSTS IMPOSED
The administrative charge shall only be imposed for administrative costs as follows:
A. The fee shall only be imposed on the registered owner or' the agents of that
owner and shall not include any vehicle towed under an abatement program or sold at a lien
sale, unless the sale is sufficient in amount to pay the lienholder's total charges and proper
administrative costs;
B. Any charges shall be collected only from the registered owner or an agent of the
registered owner;
C. The charges shall be in addition to any other charges authorized or imposed
pursuant to the Vehicle Code:
D. No charge shall be made to the legal owner who redeems the vehicle unless the
legal owner voluntarily requests a post -storage hearing."
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is for
any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portion of the
Ordinance. The City Council declares that it would have passed each section, subsection,
paragraph. sentence clause or phrase thereof, irrespective of the fact that any one or more
section. subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance complies with the "City of Palm Desert Procedure for Implementation of
California Environmental Quality Act, Resolution No. 02-60", in that pursuant to Section 3.07,
the ordinance is exempt because there is no possibility that the adoption of the ordinance will
have any significant negative effect on the environment.
SECTION 4. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish this
ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its
adoption.
ORDINANCE NO. 1195
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Palm Desert, California, on the 24th day of September, 2009, by the following roll call
vote:
AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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ROBERT A. SPIEL L, R
ATTEST:
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RACH LE D. KLASSE l5i, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA