Ord. No. 2. - Regulating Enhanced Parking and Towing in ESPD Areas.

ENHANCED PARKING AND TOWING
ORDINANCE
ESPD Code Section 2

This chapter shall be known as "ESPD Ordinance No. 2, an ordinance relating to the parking, towing and disposition of vehicles." This chapter is enacted to provide additional authority and procedures for citing vehicles for parking violations, towing and disposition of vehicles to supplement that authority granted by Oregon statutes.

2.1 DEFINITIONS.

The following definitions are applicable to this chapter:

a)

Abandoned vehicle. A vehicle to which an officer has reason to believe the owner of the vehicle has given up all right and interest in the vehicle with the intent of never again asserting any claim or right. Deputies will normally treat a vehicle as abandoned if it has been left or parked on any public road or right-of-way for more than 24 hours and one or more of the following conditions also exist:

1)

It is not registered to an address near the location where the vehicle is parked;

2)

The deputy has other reliable information that the vehicle was in fact abandoned by the owner (i.e., a neighbor tells the deputy that the vehicle was left by persons who moved from the neighborhood).

b)

Disabled vehicle. A vehicle which does not reasonably appear to be currently capable of being legally operated on a public road due to the condition of the vehicle or mechanical issues, including but not limited to missing major components such as an engine, transmission, windshield or wheels, flat tires, or other obvious damage or missing equipment which reasonably leads a deputy to believe the vehicle is inoperable.

c)

Hazard. A vehicle, other than a public works vehicle or first responder vehicle, that is parked or standing in such a manner as to jeopardize public safety and the efficient movement of pedestrian or motor vehicle traffic (specifically including vehicles parked or standing in a manner that impedes a public works or first responder vehicle) including but not limited to those situations described in ORS 819.120, as well as any situation where a vehicle has been involved in a collision or crash, there are spilled or leaking fluids from the vehicle, and the driver or vehicle owner is not immediately available to arrange for removal of the vehicle.

d)

In the possession of a person taken into custody. Means and includes operating, possessing or exerting control over a vehicle at or just prior to the time the person is taken into custody.

e)

Owner. The person responsible for the abandonment of the vehicle and who is liable for the cost of removal and disposition of the abandoned vehicle. The owner for purposes of this chapter shall be presumed to be the person to whom the vehicle is registered according to the State Motor Vehicles Division records, unless other evidence leads a deputy to reasonably believe that another person is responsible.

f)

Private Property. As used in section 2.3 means property that is not open to the public and that is not owned or leased controlled by the vehicle's owner or operator.

g)

Recreational Vehicle (RV). A vehicle with or without motive power, that is designed for human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes. An RV may be a camp trailer, motor home, camper, boat or other vehicle.

h)

Storage. The holding of a vehicle, with the attendant fees for such holding, at any appropriate facility.

i)

Towing. The taking possession of a vehicle and removing it to a storage facility at the request of law enforcement personnel.

j)

Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon any street or highway, and includes any hulk or component thereof, including but not limited to campers, recreational vehicles, pickup truck canopies, utility trailers, boats, boat trailers, travel trailers and motor homes, except those devices:

1)

Moved exclusively by human power; or

2)

Used exclusively upon stationary rails or tracks.

2.2 POSSESSION BY PERSON TAKEN INTO CUSTODY—IMPOUNDMENT WHEN ON PUBLIC PROPERTY.

Any vehicle in the possession of a person taken into custody by a law enforcement officer shall be impounded and immediately towed from public right-of-way, public parks, or other public roads, property or premises if:

A.

No other licensed driver is immediately available to take possession of the vehicle and the officer reasonably believes no other reasonable disposition of the vehicle is available;

B.

The officer taking the person into custody reasonably believes that the vehicle constitutes a hazard;

C.

The officer reasonably believes that the vehicle is stolen;

D.

The officer has probable cause to believe that the vehicle or its contents constitute evidence of an offense, and the officer reasonably believes such towing is reasonably necessary to obtain or preserve such evidence; or

E.

The officer reasonably believes that the vehicle should be towed immediately for community caretaking purposes, to prevent damage, theft or destruction of the vehicle or its contents, and a WCSO supervisor (Sgt. or above) approves the tow. The officer will document the factors that led to the determination that towing was necessary for community caretaking, and the name of the supervisor approving the tow.

2.3 POSSESSION BY PERSON TAKEN INTO CUSTODY—IMPOUNDMENT WHEN ON PRIVATE PROPERTY.

1)

Any vehicle in the possession of a person taken into custody by a law enforcement officer shall be impounded and immediately towed from private property only under the following circumstances:

A.

The deputy reasonably believes that the vehicle is stolen;

B.

The deputy has probable cause to believe that the vehicle or its contents constitute evidence of an offense, and the officer reasonably believes such towing is necessary to obtain or preserve such evidence;

2)

Crash/Collision/Accident

A.

If the deputy has probable cause to believe a vehicle has settled on private property as the result of a traffic accident that originated on the roadway.

B.

If the deputy has probable cause to believe a vehicle has settled on private property as the result of a police pursuit.

C.

If deputies stop a vehicle on private property for any lawful reason, the person driving the vehicle is taken into physical custody, and there is no other legal driver available to immediately move the vehicle with the owner's permission.

3)

No deputy will tow a vehicle from private property without first contacting an on-duty supervisor, and only after considering and documenting the following issues:

A.

Whether the property owner agrees/consents to allowing the vehicle to remain on the property

B.

Whether the property owner prefers to have the vehicle towed at their discretion and potential expense.

3)

Deputies will never operate a vehicle of a person taken into custody, even with the owner/operator's consent, except in the event of an emergency and moving the vehicle is immediately necessary to save life or property.

2.4 DISTURBANCE BY ALARM SYSTEM—IMPOUNDMENT.

Any vehicle in which the vehicle alarm system disturbs, injures or endangers the peace, quiet, comfort, repose, health or safety of the public or any person, shall be subject to immediate towing if no other reasonable disposition of the vehicle can be made and the owner cannot be contacted by reasonable efforts.

2.5 PROHIBITED PARKING.

The following parking is prohibited within the boundaries of the Enhanced Sheriff's Patrol District.

A.

No person shall use a vehicle or recreational vehicle for overnight lodging on a public right of way for a period in excess of 48 hours at the same location or within a two-mile radius of the same location. Overnight lodging means the combination of one or more of the following activities where it reasonably appears, in light of all the circumstances, that a person is using a vehicle for lodging: complainant or deputy observation of sleeping person(s), storage of contents inside a vehicle that are not associated with ordinary vehicle use such as a sleeping bag, bedroll, blankets, sheets, or pillows. If a vehicle tagged for towing under this section is not moved a minimum of a two-mile radius from the location it was tagged at, after 24 hours the vehicle will be remain subject to towing.

B.

No person shall park in front of the entrance of any place where mail is received or within ten feet of a mailbox during the hours of 8AM to 5PM.

C.

A vehicle shall not be parked on a public street or public right of way without license plates, with expired tags, with expired registration, or with an expired temporary licensing permit.

D.

No person shall park a vehicle in a manner which interferes with use of the right-of-way, the safe flow of traffic or obstructs the view of other drivers.

E.

No person shall park a recreational vehicle on a residential street within the Enhanced Sheriff's Patrol District for a period in excess of four days (96 consecutive hours) in any 28-day period.

F.

No person shall park a commercial vehicle, as that term is defined in ORS 801.208, on a residential street within the Enhanced Sheriff's Patrol District.

Any vehicle that is found to be in violation of this ordinance section is subject to being tagged and towed consistent with section 2.7 of this ordinance and /or Chapter 819 of the Oregon Revised Statutes. The statutory and code requirements under these provisions require notice and explanation of procedures available for obtaining a hearing prior to towing. Any locks or other devices installed to prevent towing of the vehicle may be removed for the purpose of towing the vehicle. Any other vehicles parked in such a manner as to prevent the towing of a vehicle in violation of this chapter may be temporarily moved for the purpose of providing access for towing of the vehicle in violation.

G.

In lieu of or in addition to towing the vehicle under subsection E of this section, a violation of this section may be punished by a citation with a fine of up to $250.

H.

Notwithstanding subsection H of this section, any person who has been convicted of a prior violation of this section within the past year shall be subject to a maximum fine of up to $500.

I.

Each day that a vehicle remains parked in violation of this section shall be a separate offense and a new citation may be issued each day.

J.

Unless the deputy or enforcement officer issuing the citation personally witnesses the parking of a vehicle in violation of this ordinance, there shall be a rebuttable presumption that the vehicle was parked by the registered owner of the vehicle, as shown in the records of the Oregon Department of Motor Vehicles, and a citation issued for the violation may be placed upon the vehicle. If the deputy or enforcement officer witnesses the parking of the vehicle in violation of this ordinance, or if the operator is in the vehicle, the operator of the vehicle is in violation of this section.

2.6 VEHICLES SUBJECT TO IMMEDIATE TOWING.

The following vehicles shall be subject to immediate towing:

A.

Any vehicle parked in violation of a temporary or permanent parking restriction;

B.

Any vehicle parked on county owned or operated property without express written permission from the county, unless the vehicle is in a public parking area and complies with applicable time limits and other regulations for the area;

C.

Any vehicle reported stolen;

D.

Any vehicle parked in a space that is marked as reserved for disabled or handicapped persons, unless such vehicle conspicuously displays appropriate decals, insignia or license plate as required by Oregon State Statutes;

E.

Any vehicle illegally parked in a conspicuously posted restricted space, zone or traffic lane where parking is limited to designated classes of vehicle or is prohibited in excess of a designated time period, or at any time and where the vehicle is interfering or reasonably likely to interfere with the intended use of such space, zone or traffic lane;

F.

Any vehicle impounded under Section 2.2 and 2.3 of this chapter; or

G.

Any vehicle tagged with a notice that the vehicle will be towed as a disabled vehicle or tagged with a notice that the vehicle will be towed because the vehicle is parked in violation of this ordinance, and the applicable time period has expired, if the vehicle is subsequently moved to another public road or public right-of-way within Washington County, and the vehicle remains in the same condition or remains parked in violation of this ordinance. No vehicle may be towed under this section unless the notice affixed to the vehicle clearly states that the vehicle will be towed under this section if moved to another public road or public right-of-way and the condition of the vehicle or violation remains the same.

2.7 TOWING OF ABANDONED AND DISABLED VEHICLES.

In addition to the authority to tow abandoned and disabled vehicles under the provisions of ORS Chapter 819, deputies shall have authority to tow abandoned and disabled vehicles as defined in this chapter in the same manner as abandoned and disabled vehicles towed under state statute. If a deputy or enforcement officer becomes aware of information that the owner or another person with a right to possession of the vehicle continues to assert an interest in the vehicle at any time prior to the vehicle actually being towed, including but not limited to moving the vehicle to another location or contacting the deputy to tell him/her that the vehicle is not in fact abandoned, the deputy will not tow the vehicle as an abandoned vehicle. In some circumstances, the vehicle may also meet the definition of a disabled vehicle which may result in notice and towing under those provisions.

2.8 NOTICE AND HEARING.

Any vehicle towed or impounded under this chapter shall be treated as if it were towed under the provisions of Oregon State Statutes, and the statutory provisions including liens, disposition and hearing will be applicable. Any vehicle towed as an abandoned or disabled vehicle shall be subject to the statutory provisions regarding liens, notice, disposition and hearing in ORS Chapter 819. Any other vehicle towed pursuant to this chapter shall be subject to the statutory provisions regarding liens, notice, disposition and hearing in ORS Chapter 809 for impounded vehicles.

2.9 PARKING VEHICLE ON RIGHT-OF-WAY FOR VENDING PURPOSES.

A.

A person commits the offense of unlawful parking for vending purposes if the person parks or leaves standing a vehicle on a right-of-way of any public road within the Enhanced Sheriff's Patrol District for more than 24 hours for the purpose of advertising, selling or offering for sale any merchandise, including the vehicle itself, without written permission of the Washington County department of Land Use and Transportation, or if the person parks or leaves standing a vehicle on a right-of-way of any public road within the Enhanced Sheriff's Patrol District for vending purposes if the vehicle creates an impediment to pedestrian or vehicular traffic or creates a safety hazard.

B.

There shall be a rebuttable presumption that the registered owner of the vehicle, as shown in the records of the Oregon department of motor vehicles, parked the vehicle in the right-of-way. The burden of proof shall lie with the registered owner to show that someone other than the registered owner parked the vehicle in the right-of-way in violation of this section. For purposes of this section, if the deputy has probable cause to believe that someone other than the registered owner parked the vehicle in the right-of-way for vending purposes in violation of this chapter, the officer may issue a citation to that person.

C.

Any vehicle left on the public right-of-way displaying a sign or other device advertising the vehicle for sale for more than 24 hours, shall be presumed to be parked in the right-of-way for the purpose of selling the vehicle and this will be prima facie evidence of a violation of this section. The burden of demonstrating that the vehicle was parked in the right-of-way for a purpose other than selling the vehicle shall lie with the person cited.

D.

A violation of this section is punishable by a fine of up to $250.

E.

Notwithstanding subsection D of this section, any person who has been convicted of a prior violation of this section within the past year shall be subject to a maximum fine of up to $500.

F.

Each day that a vehicle remains in the right-of-way in violation of this section shall be a separate offense and a new citation may be issued each day.

G.

Any vehicle that has been cited for a violation of this section and which has not been removed from public right-of-way within 72 hours of the citation being issued may be towed. The procedures for towing a vehicle under this section will be the same as those procedures provided by state statute for the towing of illegally parked vehicles.

H.

It shall be an affirmative defense to this section that the vehicle was parked in public right-of-way which is immediately adjacent to the residence or principal place of employment of the vehicle's owner; provided, however, that the affirmative defense shall not apply to any violation for impeding traffic or creating a safety hazard as provided in subsection A of this section.

2.9 MOVING TAGGED VEHICLE.

A.

Any vehicle to which notice has been affixed pursuant to ORS 819.110 or this ordinance, stating that the vehicle will be towed if not removed, shall not be moved to any real property within the Enhanced Sheriff's Patrol District if placing the vehicle on that property would result in a violation of the Washington County Community Development Code.

B.

There shall be a rebuttable presumption that the registered owner of the vehicle, as shown in the records of the Oregon Department of Motor Vehicles, parked or moved the vehicle in violation of this section. The burden of proof shall lie with the registered owner to show that someone other than the registered owner parked or moved the vehicle in violation of this section. Notwithstanding the presumption above, if an officer has probable cause to believe that a person other than the registered owner parked the vehicle in violation of this section, the officer may cite that person instead of the registered owner.

C.

A violation of this section is punishable by a fine of up to $250.

D.

Notwithstanding subsection C of this section, any person who has been convicted of a prior violation of this section within the past year shall be subject to a maximum fine of up to $500.

E.

If more than one vehicle is moved onto real property in violation of this section, each vehicle shall be a separate violation of this section.

F.

Any vehicle that has been cited for a violation of this section and which remains in violation of the community development code for more than 72 hours or is returned to the right-of-way in violation of the original notice may be towed. The procedures for towing a vehicle under this section will be the same as those procedures provided by state statute for the towing of illegally parked vehicles.

2.10 VEHICLES APPRAISED AT LESS THAN $1,000.

If a vehicle taken into custody under ORS 819.110 is appraised at a value of more than $500 but less than $1,000, or a vehicle taken into custody under ORS 819.120 is appraised at a value of less than $1,000, then the tow company that towed the vehicle shall sell and dispose of the vehicle under ORS 819.160 and ORS 87.152.

( ESPD Ord. No. 2, § 2(Exh. A), 9-19-2017 )