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Ordinance No. 77-98 CITY OF TIGARD, OREGON ORDINANCE NO. 77- crQ AN ORDINANCE PROVIDING FOR REMOVAL OF IMPROPERLY PARKED VEHICLES PROHIBITING OBSTRUCTING STREET; rROVIDING PROCEDURES FOR RELEASING CERTAIN I14POUNDED VEHICLES; DECLARING AN EMERGENCY. -------------------------------------------------------------------- THE CITY OF TIGARD DOES ORDAIN AS FOLLOWS: Section 1. Chapter 10.28 "Parking, of the Municipal Code of the City of Tigard is hereby amended by the addition of Section 10.28.160, as follows: "10.28.160 Authority to Impound Improperly Parked Vehicles. " (a) When any unattended vehicle is parked upon any street, alley or public way of the City of Tigard in such a manner that it is unlawfully parked in any prohibited or restricted area, or is unlawfully parked for a length of time prohibited by ordinance or resolution of this City, or is parked in such a position that it constitutes an obstruction to traffic or creates a danger to travel upon the street, alley or public way, or is found abandoned in any street, alley or public way, or in the event that an operator of a vehicle is arrested and placed in custody and is not in condition to drive the vehicle to a place of safety and there is no other person present who may properly act as agent for such opera- tor to drive the vehicle to a place of safety, such vehicle is hereby declared to be a public nuisance, and subject to summary abatement, removal and impounding. " (b) Both the owner and the operator of a vehicle impounded pursuant to Section (a) above shall be legally reoponsible for payment of the costs of towing and storage. The towing and storage charges shall be established in advance, pursuant to an agreement between the Police Department of the City of Tigard and the towing and storage firm or firms called upon to conduct such business. No charges in excess of those previously agreed upon shall be levied against the owner or operator of a vehicle towed pursuant to Section (a) above, " (c) The towing service called upon to impound a vehicle and finding the owner or driver thereof present shall release the vehicle upon the presentation of proper Page 1 - Ordinance No. 77- ~ 4 identification of the owner or operator, and upon the owner or operator's signing an authorized receipt in duplicate (except where exclusive orders are given by the Police Department that the vehicle be impounded) , and a service charge not to exceed one-half of the cost for the towing of the vehicle shall be made, that charge to be paid by the owner or operator. The duplicate signed receipt shall be given to the operator or owner of the vehicle, and the original signed copy shall be recorded by the towing service in its ledger of releases. " Section 2. Because this provision is necessary to protect the health, safety and general welfare of the public, an emergency is declared to exist and this ordinance shall become effective immediately upon passage and approval by the City Council. PASSED: By vote of all Council members present, after being read two times by title and number only, this day of 1jcV,0,,6er 1977. Recorder, City or Tiqard APPROVED: By the Mayor, this day of 1977. Xy, - Mayor, City of Tigard—� ,µ