LEGISLATIVE HISTORY
ORDINANCE NO. BL2009-419
An ordinance amending Section 12.08.150 of the Metropolitan Code pertaining to the impoundment and/or booting of vehicles illegally parked within the area of Metropolitan Government.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Chapter 12.08 of the Metropolitan Code of Laws shall be amended by deleting Section 12.08.150 in its entirety and substituting in lieu thereof the following new Section 12.08.150:
12.08.150 Impoundment of vehicles.
A. As used in this title, the following definitions shall apply:
1. “Booting” means the attachment of any device to a vehicle that prevents the vehicle from being driven.
2. “Impoundment” means removing a vehicle from a street, alley, highway or thoroughfare to the nearest garage or other place of safety, or a garage designated or maintained by the police department or otherwise maintained by the metropolitan government.
B. Members of the metropolitan police department or the meter maid patrol shall have authority to impound or place a boot on any vehicle under the circumstances hereinafter enumerated:
1. When a vehicle is parked, stopped or standing upon any alley, street, highway or thoroughfare within the area of the metropolitan government in violation of any regulation or ordinance of the metropolitan government, other than overtime parking violations (unless done in accordance with the specific provisions of subsection B.2. of this section pertaining to multiple parking violations);
2. When a vehicle is parked, stopped or standing upon any alley, street, highway or thoroughfare within the area of the metropolitan government in violation of any regulation or ordinance of the metropolitan government and the vehicle has three or more unpaid parking citations and/or a civil warrant has been issued for the collection of unpaid parking citations;
3. When a vehicle is so parked, stopped or standing upon any alley, street, highway or thoroughfare of the metropolitan government so as to obstruct the orderly flow of traffic thereon;
4. When a vehicle is left parked on any alley, street, highway or thoroughfare within the metropolitan government area for a period of forty-eight hours without current registration;
5. When a vehicle upon any alley, street, highway or thoroughfare in the metropolitan government area is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle does not provide for its custody and removal;
6. When the driver or operator of such vehicle has been arrested for driving under the influence of intoxicating liquor in violation of the Tennessee Code Annotated.
C. Whenever it becomes necessary to make an arrest of the operator or driver of any vehicle, the officer making the arrest shall allow the person arrested to remove his vehicle to the nearest legal parking location or to turn over the custody of his vehicle to another person present and not placed under arrest, and capable of providing for the custody and removal of the vehicle.
D. Whenever an officer of the metropolitan police department or the meter maid patrol removes a vehicle from any alley, street, highway or thoroughfare, as authorized in this section, the officer shall obtain from the wrecker or tow-in service employee a receipt in triplicate, one copy of which shall be retained by the wrecker or tow-in service employee, describing the vehicle, the reasons for its removal, the place where the vehicle is to be stored, and all items of a personal nature found in the vehicle and not attached to or a part of the vehicle. Such officer shall give or cause to be given to the owner of such vehicle the duplicate copy of such receipt described in the preceding sentences as notice to such owner of the fact of removal. The original of such receipt described above shall be retained by the metropolitan police department as a permanent record.
E. The owner or authorized driver or operator of the impounded vehicle may make application to take possession of the same and remove such vehicle from the place to which it has been removed or stored by paying the costs of removing the vehicle from such street or alley and all charges which may have accrued for the storage of the vehicle; provided, that if the court, after hearing the facts and circumstances, determines that the impoundment was not lawfully authorized, the towing and storage fees shall be refunded to the person paying such fees.
F. The owner or authorized driver or operator of any booted vehicle under the provisions of this section may take possession of the vehicle upon paying a twenty-five dollar booting removal fee to the metropolitan government; provided, that if the court, after hearing the facts and circumstances, determines that the placement of the booting device was not lawfully authorized, the booting removal fee shall be refunded to the person paying such fee.
Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Carl Burch, Robert Duvall
Amendment No. 1
To
Ordinance No. BL2009-419
Madam President:
I move to amend Ordinance No. BL2009-419 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1.:
Section 1. Chapter 12.08 of the Metropolitan Code of Laws shall be amended by deleting Section 12.08.150 in its entirety and substituting in lieu thereof the following new Section 12.08.150:
12.08.150 Impoundment of vehicles.
A. As used in this title, the following definitions shall apply:
1. “Booting” means the attachment of any device to a vehicle that prevents the vehicle from being driven.
2. “Impoundment” means removing a vehicle from a street, alley, highway or thoroughfare to the nearest garage or other place of safety, or a garage designated or maintained by the police department or otherwise maintained by the metropolitan government.
B. Members of the metropolitan police department or the meter maid patrol shall have authority to impound or place a boot on any vehicle under the circumstances hereinafter enumerated:
1. When a vehicle is parked, stopped or standing upon any alley, street, highway or thoroughfare within the area of the metropolitan government in violation of any traffic or parking related regulation or ordinance of the metropolitan government, other than a violation of chapter 12.44 of the metropolitan code pertaining to metered parking (unless done in accordance with the specific provisions of subsection B.2. of this section pertaining to multiple parking violations);
2. When a vehicle is parked, stopped or standing upon any alley, street, highway or thoroughfare within the area of the metropolitan government in violation of any regulation or ordinance of the metropolitan government and the vehicle has three or more unpaid parking citations and/or a civil warrant has been issued for the collection of unpaid parking citations;
3. When a vehicle is so parked, stopped or standing upon any alley, street, highway or thoroughfare of the metropolitan government so as to obstruct the orderly flow of traffic thereon;
4. When a vehicle is left parked on any alley, street, highway or thoroughfare within the metropolitan government area for a period of forty-eight hours without current registration;
5. When a vehicle upon any alley, street, highway or thoroughfare in the metropolitan government area is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle does not provide for its custody and removal;
6. When the driver or operator of such vehicle has been arrested for driving under the influence of intoxicating liquor in violation of the Tennessee Code Annotated.
C. Whenever it becomes necessary to make an arrest of the operator or driver of any vehicle, the officer making the arrest shall allow the person arrested to remove his vehicle to the nearest legal parking location or to turn over the custody of his vehicle to another person present and not placed under arrest, and capable of providing for the custody and removal of the vehicle.
D. Whenever an officer of the metropolitan police department or the meter maid patrol removes a vehicle from any alley, street, highway or thoroughfare, as authorized in this section, the officer shall obtain from the wrecker or tow-in service employee a receipt in triplicate, one copy of which shall be retained by the wrecker or tow-in service employee, describing the vehicle, the reasons for its removal, the place where the vehicle is to be stored, and all items of a personal nature found in the vehicle and not attached to or a part of the vehicle. Such officer shall give or cause to be given to the owner of such vehicle the duplicate copy of such receipt described in the preceding sentences as notice to such owner of the fact of removal. The original of such receipt described above shall be retained by the metropolitan police department as a permanent record.
E. The owner or authorized driver or operator of the impounded vehicle may submit an application to the metropolitan police department to take possession of the same and remove such vehicle from the place to which it has been removed or stored by paying the costs of removing the vehicle from such street or alley and all charges which may have accrued for the storage of the vehicle. The contents and format of such form application shall be approved metropolitan chief of police and the department of law. Notwithstanding the foregoing, if the metropolitan general sessions court or other court of competent jurisdiction, after hearing the facts and circumstances, determines that the impoundment was not lawfully authorized, the towing and storage fees shall be refunded to the person paying such fees.
F. The owner or authorized driver or operator of any booted vehicle under the provisions of this section may take possession of the vehicle upon paying a twenty-five dollar booting removal fee to the metropolitan traffic violations bureau; provided, that if the metropolitan general sessions court or other court of competent jurisdiction, after hearing the facts and circumstances, determines that the placement of the booting device was not lawfully authorized, the booting removal fee shall be refunded to the person paying such fee.
Sponsored by: Carl Burch
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | April 7, 2009 |
| Passed First Reading: | April 7, 2009 |
| Referred to: | Public Safety Committee |
| Amended: | April 21, 2009 |
| Passed Second Reading: | April 21, 2009 |
| Passed Third Reading: | May 19, 2009 |
| Approved: | May 22, 2009 |
| By: | |