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HomeMy WebLinkAbout0510 - TOWING AND IMPOUNDING VEHICLESRed Wing Police Department Policy SUBJECT: POLICY NUMBER • TOWING AND IMPOUNDING VEHICLE 510 EFFECTIVE DATE March 14, 2016 REFERENCE(S): APPROVED BY: ENACTED: CHIEF ROGER D. POHLMAN February 8, 2008 PURPOSE: To establish guidelines for the towing and impounding of vehicles, recovery of towing and storage expenses, and the safe keeping of the vehicle and contents. POLICY: 1. An arresting officer will be responsible for the safekeeping of personal property, including motor vehicles and their contents of all persons arrested and/or taken into custody. 2 The decision to tow/impound a vehicle is to be made by the officer at the scene, supervisor or senior officer. Vehicles towed/impounded for evidentiary purposes will be towed to the Red Wing Police Department evidence garage or to the Red Wing Police Department cold storage impound lot. 3. Prior to towing/impounding a vehicle or as soon as possible thereafter, an officer shall check the vehicle identification number (VIN) and vehicle registration number through the State Department of Motor Vehicles to ascertain proper registration, ownership and to see if the vehicle is stolen. STATE STATUTES / AUTHORIZING TOWING: The towing/impounding of motor vehicles shall be done in accordance with Minnesota State Statutes 16813.035 and 16813.04. Applicable provisions of these statutes are set out below. 1686.035 TOWING AUTHORIZED. Subdivision 17owing authority. For purposes of this section, "towing authority" means: (1) any local authority authorized by section 169.04 to enforce the traffic laws, and a private towing company authorized by a local authority; or (2) an authorized employee of the Department of Transportation's freeway Page 1 of 7 TOWING AND IMPOUNDING VEHICLES service patrol within the department's eight -county metropolitan district. Subd. 2.Towing order required. (a) A towing authority may not tow a motor vehicle from public property unless a peace officer or parking enforcement officer has prepared, in addition to the parking citation, a written towing report describing the motor vehicle and the reasons for towing. Subd. 3.Towing prohibited. (a) A towing authority may not tow a motor vehicle because: (1) the vehicle has expired registration tabs that have been expired for less than 90 days; or (2) the vehicle is at a parking meter on which the time has expired and the vehicle has fewer than five unpaid parking tickets. (b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if: (1) the vehicle is parked in violation of snow emergency regulations; (2) the vehicle is parked in a rush-hour restricted parking area; (3) the vehicle is blocking a driveway, alley, or fire hydrant; (4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking is prohibited; (5) the vehicle is parked within 30 feet of a stop sign and visually blocking the stop sign; (6) the vehicle is parked in a disability transfer zone or disability parking space without a disability parking certificate or disability license plates; (7) the vehicle is parked in an area that has been posted for temporary restricted parking (i) at least 12 hours in advance in a home rule charter or statutory city having a population under 50,000, or (ii) at least 24 hours in advance in another political subdivision; (8) the vehicle is parked within the right-of-way of a controlled -access highway or within the traveled portion of a public street when travel is allowed there; (9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by fire, police, public safety, or emergency vehicles; (10) the vehicle is unlawfully parked on property at the Minneapolis -St. Paul International Airport owned by the Metropolitan Airports Commission; (11) a law enforcement official has probable cause to believe that the vehicle is stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is reasonably necessary to obtain or preserve the evidence; (12) the driver, operator, or person in physical control of the vehicle is taken into custody and the vehicle is impounded for safekeeping; (13) a law enforcement official has probable cause to believe that the Page 2 of 7 TOWING AND IMPOUNDING VEHICLES owner, operator, or person in physical control of the vehicle has failed to respond to five or more citations for parking or traffic offenses; (14) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by taxicabs; (15) the vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle; (16) the vehicle is parked, on a school day during prohibited hours, in a school zone on a public street where official signs prohibit parking; or (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section 16813.011, and subject to immediate removal under this chapter. Subd. 5.Private property. This section does not restrict the authority of the owner of private property to authorize under chapter 168B the towing of a motor vehicle unlawfully parked on the private property. 1688.04 AUTHORITY TO IMPOUND VEHICLES. Subdivision 1.Abandoned or junk vehicles. Units of government and peace officers may take into custody and impound any abandoned or junk vehicle. Subd. 2.Unauthorized vehicles. (a) Units of government and peace officers may take into custody and impound any unauthorized vehicle under section 16813.035. (b) A vehicle may also be impounded after it has been left unattended in one of the following public or private locations for the indicated period of time: (1) in a public location not governed by section 16813.035: (i) on a highway and properly tagged by a peace officer, four hours; (ii) located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; (iv) that is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours; or (2) on private property: (i) that is single-family or duplex residential property, immediately; (ii) that is private, nonresidential property, properly posted, immediately; (iii) that is private, nonresidential property, not posted, 24 hours; (iv) that is private, nonresidential property of an operator of an establishment for the servicing, repair, or maintenance of motor vehicles, five business days after notifying the vehicle owner by Page 3 of 7 TOWING AND IMPOUNDING VEHICLES certified mail, return receipt requested, of the property owner's intention to have the vehicle removed from the property; or (v) that is any residential property, properly posted, immediately. PROCEDURES A. INCIDENT REPORT FILE ICRs are to be made for all vehicles towed by officers of the Red Wing Police Department where a "Vehicle Custody Report" and/or an "Evidence Report" is completed. ICR numbers shall be included in these reports. B. WHEN NOT TO TOW/IMPOUND A VEHICLE A vehicle should not be towed/impounded in the following conditions; a. When, in the opinion of the officer, there is a responsible party present at the time of an arrest or immediately available, the vehicle may be released to that person with the owner's or authorized representative's permission. b. When the owner or his/her authorized representative can provide prompt removal of the vehicle from an accident scene. c. When the owner is present and he/she gives their permission to leave the vehicle parked where it is at as long as the vehicle is legally parked and not to be held for any other reason. d. When the owner is present at the time a stolen vehicle is recovered, unless the vehicle is needed for evidence. e. When arohibited under law. C. TOWING/IMPOUNDING VEHICLES FROM PRIVATE PROPERTY 1. When an owner or agent from private property requests that this department tow/impound a vehicle from their private property, the officer shall inform the property owner that they may make their own arrangements with a private towing company. 2, The department will only tow/impound vehicles from private property when meeting state statutes and the guidelines of this policy. D. INVENTORYING TOWED/IMPOUNDED VEHICLES All vehicles towed/impounded by Red Wing Police Department shall be inventoried and a list of all items of value shall be noted on the "Vehicle Custody Report" prior to the removal by the towing service, Page 4 of 7 TOWING AND IMPOUNDING VEHICLES when practicable. An officer shall ask the operator of the vehicle being towed/impounded whether there are items of value in the vehicle. If the operator indicates there are items of value in the vehicle, these items shall be verified and listed on the inventory form. 2. An officer shall inventory not only the interior of the vehicle but the trunk and all locked, sealed and closed containers within reason and without damaging the containers or contents. Vehicles for which a search warrant will be requested should not be inventoried until a search warrant is obtained or until the search is approved by the lead -investigating officer or supervisor. The officer will comply with take into GORsideratinn arrest and search and seizure rules when inventorying all vehicles and contents. 3. An officer should use reasonable care when opening locked, sealed and closed containers as not to devalue the containers and shall not damage locking devices. All items of value, money, and evidentiary property shall be inventoried. Currency of $50 or more and any items easily removed of significant value shall be placed into evidence for safe keeping. 4. Vehicle keys found in a towed/impounded vehicle should be removed from the vehicle and placed into evidence. Keys should be listed on the "Vehicle Custody Report". E. RELEASE OF VEHICLES Vehicles towed/impounded for evidentiary value should be processed as soon as possible and then, if not needed for further evidence or processing, should be released to the owner or authorized representative. If impounded at a towing service the company should be advised that the vehicle can be released to the owner or authorized representative. 2. When a vehicle is released at the scene of an arrest to a responsible party, the officer should indicate in the report that the release was made with the permission of the owner or authorized representative, otherwise it is not to be released. The full name, date of birth and address of the authorized person will be included in the officer's report. F. VEHICLE IMPOUNDMENT REPORTS: An officer involved in the towing/impounding of a vehicle will complete a Red Wing Police Department's "Vehicle Custody Report" form and wait for the arrival of the towing service, unless there is another officer present to wait for the towing service. There may be times when multiple vehicles are being towed, like in the case of a Page 5 of 7 TOWING AND IMPOUNDING VEHICLES "snow emergency", where officers may not be able to remain with each vehicle. 2. The officer towing/impounding the vehicle will request a copy of the "towing bill" from the tow company prior to the tow being completed. This copy will have the case number placed on it and be placed with the "Vehicle Custody Report". 3. When an arrest is made from a vehicle and the vehicle is not towed/impounded, this fact should be so noted on the arrest report. 4. When it is necessary to inventory property for safekeeping, it will be done in accordance with all property inventory procedures. The "Vehicle Custody Report" will be signed by the towing/impounding officer and the tow driver, when practicable. 5. The "Vehicle Custody Report" is comprised of a white, yellow, and pink NCR paper. A digital copy of the "Vehicle Custody Report" is also acceptable. When the report is completed at the scene or location where the vehicle is being impounded from, and when practicable the towing/impounding officer and the tow driver have signed the report, the following copies should be distributed accordingly: a. WHITE original copy stays with the Red Wing Police Department b. YELLOW copy goes with the towing agency or to evidence technician if vehicle is held at police department's secured storage lot or evidence garage at LEC. c. PINK copy remains with the towed vehicle d. When the digital copy is used, three copies shall be printed and distributed as outlined in the above sections A, B & C. 6. If the vehicle is to be held for any reason, it should state on the report the requirements needed for it to be released. 7. In addition to the "Vehicle Custody Report", officers shall fill out an "Evidence Form" when vehicles are brought to the police department's secured lot or evidence garage at the LEC. The following reports shall be attached to the original case file: "Vehicle Custody Report," "Tow Bill," and "Evidence Form," where applicable. (In cases where a report will not be completed until later, these reports must be left with a face sheet so the evidence technician has them to deal with the next day.) G. FINANCIAL RESPONSIBILITY: Vehicles towed and impounded for departmental purposes (i.e. Evidence) may be paid for from departmental funds. Page 6 of 7 TOWING AND IMPOUNDING VEHICLES 2 When vehicles towed and impounded at a city owned storage site due to a forfeiture or seizure are authorized to be released to the owner, they will be released only after the owner has reimbursed the department for the towing bill and the storage fee of $10.00 a day. a. The storage fee of $10.00 per day will start the day after the owner has been notified to pick up their vehicle. The daily storage fee will continue through the day prior to the releasing of the vehicle. b. The officer releasing the vehicle will calculate the storage fees and add on the tow fee. c. After payment, the officer will issue a receipt to the person that the vehicle is released to. d. A copy of the receipt will be put into the case file. e. Vehicles that are forfeiture to the department may not be subject to the above fees. H. STALLED VEHICLES: When the operator of a stalled vehicle requests assistance for repairs or removal of the vehicle, the request may be relayed to the service agency of the operator's choosing. If the operator has no preference, an authorized towing service for the day will be notified. 2. The department will not assume responsibility for the service agency, including costs or services rendered by the service agency. 3. An officer shall not push any stalled vehicle with a Red Wing Police Department vehicle, unless there is a traffic hazard. Page 7 of 7 TOWING AND IMPOUNDING VEHICLES