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Home My WebLink AboutOrd. No. 1195 - Vehicle Impound Program ��r►r��aarE �'-/p� (�� ❑ C��3T9�df��D t 0 � ORDINANCE NO. 1195 �} �PASSEE TO 2��7 R��l��;___! __• r�y C AN ORDINANCE OF THE CITY OF PALM 'DE 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 exem'pt 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 adm�nistrative fee shall be imposed as set forth in this Chapter for the recovery of impounded and/qr stored vehicles in an amount set by Resolution. Ordinance No. 1 i A 5 ' Section 10.25.020 STOLEN OR EMBEZZLED VEHICLES �XEMPT The victims of stolen or embezzled vehicles shall be exempt frpm 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 own�;r 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 tqtal 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 redeem,s 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 o� any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the idecision of any court of competent jurisdiction, such decision shall not affect the validity of the r'iemaining portion of the Ordinance. The City Council declares that it would have passed ea�h 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 inv�lid, unconstitutional or unenforceable. � SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QI�ALITY ACT This ordinance complies with the "City of Palm Desert Procedur� for Implementation of California Environmental Quality Act, Resolution No. 02-60", in that pur�suant to Section 3.07, the ordinance is exempt because there is no possibility that the adoptidn of the ordinance will have any significant negative effect on the environment. I SECTION 4. PUBLICATION ', The City Cterk of the City of Palm Desert, California, is hereby �irected to publish this ordinance in the Desert Sun, a newspaper of general circulation, publish�d and circulated in the City of Palm Desert, California, and shall be in full force and effective tl�irty (30) days after its adoption. , PASSED, APPROVED AND ADOPTED at a regular meeting of �he City Council of the City of Palm Desert, California, on the day of , 2009! by the foflowing roll call vote: Ordinance No. 1195 AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE KLASSEN, CITY CLERK C�TY COUNCIL ACT,,I�N A#'f'ROVI+.D � '� DF.NTF,D RECI?IV�+.D OTFIER �- ��'� ��P. �1�. i//� MI;F.TI�NC DATE �l��y �T A�'�:�:1,�11��71��i`��,fv7�!" �i.�_�4'�� oi��r:s: itl��J ��rNT: _l C�yzP ��3s�'A�N:_..L� )1 vriaai�r�n �v: 't� ��' � �riginal on File with Cit lcrk's Oftice * Councilman Ferguson moved to, waive further reading and pass Ordinance No. 1197 to second reading, adding Chapter 9.26 - Unlawful Camping - to the Palm Desert Municipal Code as amended to reflect: 1) Add to Section 9,26.040 Eaceptions B - This chapter shall not apply to events for which a Temporary IIse Permit has been approved and issued by the City; 2) include an exception for legitimate motor home use. Motion was seconded by Finerty and carried by a 5-0 vote. (No actionb was taken on Ordinance No. 1196) Ordinance No. � i g5 , AYES: ' NOES: ' ABSENT: ABSTAIN: ' ROBERT A. SPIEGEL, MAYOR ATTEST: ' RACHELLE KLASSEN, CITY CLERK '