2005-50 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC

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DE AT R P I E DEPARTMENT C U OL C MEMORANDUM#OS-27 June O1,2005 TO: Mayor Paul Osborne and City Council Steve Garman, City Manager � Michael Mowen, Asst. City Manage� FROM: Mark Barthelemy, Chief of Police � Todd A. Walker,Deputy Chief of Police' /� SUBJECT: Ordinance Amending Chapter 34, SecUions 35 (Abandoned or Disabled Vehicles), Section 37 (Removal of Vehicles)and Section 38(Procedures for Removal of Vehicles). SUMMARY RECOMMENDATION: Staff requests that Council pass the proposed ordinance amendment regarding Chapter 34 allowing Police Officers the authority to tow/remove a vehicie found to be illegally parked on the public right-of-way inwhich the vehicle lacks evidence of current,legal registration visible from the outside and the vehicle identification number is obscured or partially obscured making ownership of the vehicle undeternuned. BACKGROUND: The Decatur Police Department often confronts illegally parked motor vehicles on city streets, alley's or other public right-of-ways. Occasionally,officers will discover that such an illegally parked or abandoned motor vehicle has no visible license registration and an obscured or partially obscured vehicle identification number(VIN)which prevents establishing owner of record and the status of stolen or legally owned motor vehicle. When an officer encounters such a motor vehicle,they are unable to commence established procedures that may include the issuance of parking citations or the initiation of street for storage protocol and towing procedures. The issuance of a parking citation is in vain because ownership is not established with the lack of vehicle registration and an obscured or partially obscured VII�1.Even if a parking citation was issued the City of Decatur Finance Department would not be able to levy financial sanctions without owner of record being established which allows the citation to go unpaid for undetermined amounts of time and negatively impacting record keeping procedures. Furthermore,an officer is not afforded the opportunity to check an illegally parked or abandoned vehicle for stolen status if the vehicle fails to display registration and has a obscured or partially obscured V1N,thus a criminal investigation is thwarted and the rightful owner is deprived further of reclaiming their property. In essence a velucle in the above manner is left illegally parked for days until current towing procedures can be initiated. RECOMMENDATION: In order for the Decatur Police Department to have the authority to immediately take action on illegally parked or abandoned motor vehicles on public right-of-ways that display no license registration and have an obscured or partially obscured VIN, staff recommends the suggested language amendment to Chapter 34 which affords the Police Department the ability to proactively remove immediately a vehicle in the above described state,and affords owner of record as well as stolen status to be determined pursuant to inventory search at the time of towing. This amendment provides for immediate action by the police and accountability on the part of the offender. POTENTIAL OBJECTION: None anticipated STAFF REFERENCE: Mark Barthelemy, Chief of Police,telephone 424-2741;E-mail mark.barthelemy@decaturnet.org Todd A. Walker,Deputy Chief of Police,telephone 424-2768,E-mail dcwalker@decatumet.org David Dickerson,Lieutenant,telephone 424-2721 BUDGET/TIME IlVIPLICATIONS: None