Ordinance No. 96-07 •
A—gi
Q
MIN
i0r
�y'" .� Yz 5 jRY qes SFV r
CITY OF TIGARD .
c
K ORDINANCE NO.O`I t
AN ORDINANCE AMENDING CHAPTER 2.30 OF THE TIGARD MUNICIPAL CODE BY a �
r ADOPTING SECTIONS 2.30.060 AND 2.30.070, AUTHORIZING INVENTORY OF THE
tSte
r CONTENTS OF ARRESTED PERSONS AND IMPOUNDED VII�ICLES, AND S p
DECLARING AN EMERGENCY. "
WIIEREAS, state and federal appellate courts have upheld the use of administrative
searches of private property where properly authorized;and
IN-
WHEREAS, disputes can arise about the disposition of the contents of impounded i
vehicles and the personal effects of an arrested person;and
WHEREAS, impounded vehicles can contain hazardous materials requiring immediate
disposal; and
WHEREAS, the carrying of weapons by arrested persons presents a danger to law
enforcement personnel; and
WHEREAS,a written inventory of the contents of eve ryvehicle impounded pursu:rt v
an order of City staff will p mtwt iii interests of both the City as well as the owners of such �+ „
vehicles;and
WHEREAS,the Tigard City Council wishes to grant authority to the Chief of Police to
implement rules as to the conduct of such inventory;and
� •:� Riri.MREAS L L— t•—• he 1_ .5a. ALL a'w"v •
�--•,a"ii�u aiiu;vi;iy❑iuSt iiu�ii,i�iuc gicdt8��eiticLi pvSSiu;c,any uiiGicuv1'i a5 t,
to which vehicles and what contents are subject to this inventory;and f ,
WHEREAS,the Council finds that this inventory process shall be limited in its scope to
those items of personal property which are accessible without forced entry;and
"
WHEREAS, the Council does not x
E wish to limit authority to search for evidence of a
crime;and ' r
Z '
fi w WHEREAS,the Council finds that the authority granted herein is immediately necessary, AN
- r
so that the public peace,health, safety and welfare can be protected;
r NOW, THEREFORE; THE CITY OF TIGARD ORDAINS AS FOLLOWS: k
Jut
22
z-
�g"
X4 .,
f
K't
Y s r,# i 7y�<•
T 1U
1 r
t
�M4f
,.
i
gi
;' h
OM
OIN
\
I� r
f �9s
*VIM
0 r
m SECTION 1. The Tigard Municipal Code is amended by adding section 2.30.060 to
h
read as follows:CID
, ►
F
2 30 060 Authority to Inventory the Personal Effects of a Person Taken s '
rInto Custody.
a. In order to protect the owner's property, safeguard the police + Ei_
department aoainct 0% o� _ ,,,,..tz o Zz,y.v.wz yuuw
department members and others w:cn reasonable suspicion exists
to believe that any individual's safety is at risk,every person taken
into lawful custody by the police department shall have his or her `- s " } x
a � szr V,
personal effects inventoried. For purposes of this section,the term a ayr = {
"custody" shall mean the imposition of actual or constructive
restraint by a police officer pursuant to any lawful authority for the
purposes of transporting or involuntarily confining a person
4:
pursuant to
Oregon Revised Statute. ti � =
b. The Chief of Police shall institute regulations describing the 4 r.
manner in which this inventory shall be conducted. These
s
regulations shall eliminate any discretion as to what effects are
subject to inventory and shall limit the inventory as follows:
_ (l) All items of personal property shall be removed from the P ,
clothing worn by a custodial person.
41
: '.
(2) All open containers in possession of the custodial person
shat have their contents inventoried. '
(3) All containers designed for carrying valuables, including, < s# F
k
but not limited to,wallets,purses,coin purses,fannypacks, �
and backpacks, shall have their contents inventoried.
(4) Any valuables found during the inventory and not left in
the immediate possession of the custodial person shall be
detailed in writing on a property receipt filed with the k
police department.
(5) All closed opaque containers found during the inventory
F
shall not have their contents inventoried except as described
above, or where the container is to be placed in the
custodial person's possession,or where the custodial person '
} requests that the closed opaque container be placed in his s
immediate possession.
Page 2-ORDINANCE NO.G=]
k4
g
# �
2i
t =
3 � �
� Y
3 k
;Cj 7 s..
t
c
�4
kaw
1� fr
3
+
mi
it
s
C. Nothing in this section shall be construed in any way to limit the
police department's ability to conduct any lawful search. I x
4 rF i
SECTION 2. The Tigard Municipal Code is amended by adding section 2.30.070 to
read as follows: fi
2.30.070 Authority to Inventory the Contents of Immunded Vehicles.
- 3
In. irdar iv pi0iu i owners' property, safeguard iirc P6iiCc ti
department against the assertion of false claims and protect police
department members and others when reasonable suspicion exists " z
to believe that any individual's safety is at risk, every vehicle _ #"
lawfully impounded shall have its contents inventoried. The _x'
inventory shall be conducted before the vehicle is released to a -
third party except under the following circumstances: 71
t`.
(l) If there is reasonable suspicion to believe that any
individual's safety will be placed at risk the inventory shall wf ry�
be coiiducted after such safety concern-. at--ano longer
�.
present; or
(2) If the vehicle is being impounded for evidentiary purposes `k
in connection with the investigation of a criminal offense,
the inventory will be done after such investigation is
completed.
r
b. The Chief of Police shall institute regulations consistent with this
section describing the manner in which this inventory shall be
conducted. These reguiations shaii eliminate any discretion as to a*p
hoer art invento.^j shall be conducted, and'shall lieu t the inventory x
as follows:
(1) All open container contents found throughout the passenger
compartments,any unlocked compartments that are part of RIM
the vehicle,including but not limited to,unlocked vehicle r r z
f trunks and unlocked property containers attached to the car, 51,
y � '"
and any locked compartments including,but not limited to, € F
locked vehicle trunks, locked property containers attached
to the car, if either the keys to these locked compartments ,
fi are available to be released with the vehicle to a third €
party,or an unlocking mechanism for such compartment is , 4 rt,
available within the vehicle shall be inventoried.
' Page 3 -ORDINANCE NO.
W f { f
f a
S p}
k "}
t
f
z �
{
_ y
f
ayM �
n-
-��`r
{ ' (2) An inventory of personal propertv will I^ „ducted
throughout rhP r:..;s.;..gcr compaztments of the vehicle
including, but not limited to, accessible areas under or
` within the dashboard area,in any door or seat pockets,any `
0
console between the seats, or under any seat within the
passenger compartment.
x (3) In addition to any of the above-described areas, an
inventory of personal property will also be conducted in
any unlocked compartment that is a part of the vehicle
inciuding, but not limited to, unlocked vehicle trunks and
unlocked property containers attached to the vehicle. An h r
inventory of personal property shall be conducted
throughout any locked compartments that are part of thes ' s
vehicle including,but not limited to,locked vehicle trunks, ixs � 3
and locked property containers attached to the vehicle, if
either the keys are available to be released with the vehicle
to a third party or an unlocking mechanism for such
compartment is available within the vehicle. Y' C
(4) Except as otherwise allowed by this subsection, closed
opaque containers shall not be opened, but rather shall be -
in'vcntvried consistent whit their vuiw'MU atiyc^a�anwS vCuy.
Purses, wallets, fannypacks, backpacks, and other similar HI
items designed to contain valuables shall be opened and
their contents shall be inventoried,
(5) All items not left in the immiediate possession of the
arrested person sha11 be inveniorled in writing and kept on .
file at the police department.
C. Nothing in this section shall be construed in any way to limit the
police department's ability to conduct any lawful search. $
rP,
t t'
#
y, i
{ L y 'k
tSAYf9 Y-5, 5
x
RF,
f 43
Page 4-ORDINANCE NO.
q ��~ U
n
r s
a 5 s a �X
s
P
3z ' g^v a
v}.
kz
4 4
e
a hu rY
ill
W SECTION 3. An emergency being declared to exist,this ordinance is effective upon its
passage by the City Council. {( "
fry. t1Q✓1C✓MO:� kg*,+.F4�T �a� amt
PASSED: By vote of all City Council members present after being read by
number and title only this/3"day of Ke&u(a, 1995 1 "'
F
Catherine Wheatley, City Record
APPROVEDthis day of&{U 0-,L& , 199e
Ji oli,Mayor
n�rgVIUIM
APPROVED AS TO FORM:
z
5 Ci y Attorney
Date
s
mmp\tigard.md(9-695) -
�� Yu
`t '§
X
1 Page 5-ORDeTICE NO. D ua�'
, .2�1MR
a
a
F
1.
4-2
. - .�. .
F rr
tr 414,
3.E
IS