HomeMy WebLinkAboutAGENDA REPORT 1997 0402 CC REG ITEM 09HITEM, 9* 14 0
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MEMORANDUM ah Coa ll Mating
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AMON: 7 -1.298
TO: Honorable City Council
FROM: Captain Mike Lewis, Moorpark Police Department R
DATE: March 25, 1997, (Council Meeting of April 2, 1997)
SUBJECT: AUTHORIZATION TO RECOVER POLICE COSTS FOR THE TOWING
OF VEHICLES PURSUANT TO VEHICLE CODE SECTION 14682.6
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The City Council may authorize the collection of administrative fees for the towing of vehicles under
certain condition. The fees may be coed on vehicles towed for certain violations such as driving
on a suspended license or various illegal parking sections. The City Council may by ordinance or
resolution recover the police costs in enforcing these Vehicle Code sections.
The passage of State of California Assembly Bill AB 3148 and State of California Senate Bill
SB1758, elFmctive January 1, 1995, requires police agencies to arrest any person driving unlicensed
or while their driver's license has been suspended or revoked. It is also mandates that the vehicle be
impounded for 30 days with the driver berg oblipted to pay all costs associated with the towing and
storage. The legislation also permits local jurisdictions to recover all police costs for the arrest,
impound, storage and release of these vehicles, upon enactment of an ordinance.
The State Legislature found:
That driving a motor vehicle on the public streets and highways is a privilege and not a right.
2. Of all the drivers involved in fatal accidents, more than 20 percent are not licensed to drive.
A driver with a suspended license is four times as likely to be involved in a fa*1 accident as
compared to a properly licensed driver.
3. It is estimated that of some 20 million drivers licenses in California, 729,000 are suspended
or revoked.
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4. 1,000,000 persons are estimated to be driving without ever having been licensed at all. The
Department ofMotor Vehicles estimates that 75 percent of all drivers whose driving privilege
has been withdrawn continue to drive regardless of the law.
The Department of Motor Vehicles reports as of October 1996 in the City of Moorpark (and
immediate vicinity) there were currently 1,346 persons who have had their drivers license suspended
or revoked. There are an unknown number of unlicensed drivers driving city streets every day.
The Police Department estimates 25 tows per month for the first 12 months, and a steady decline
after that period to a maintenance level of 15 per month. A time study using 30 recent tows
established an average police cost of $91.84. When a police cadet handles the tow, the average cost
is reduced to $60.84. The itemized costs are:
If the city's 25% administrative fees are figured into the equation the costs would be $114.50 and $76.50 respectively. At
this point there are no expected city resources to be utilized except for the processing of fees paid.
1. Deputy - stop, cite or arrest, tow vehicle and
$37.00
7$6.00($9.91per hr.)
standby, fill out forms. 38.43min @$57.65 per
hr (fully benefited)
2. Police Dispatcher time average 5min @ $24.76
$ 2.00
$ 2.00
per hr
3. Records Clerk - typing and filing of Notice of
$16.00
$16.00
Towed Vehicle, DMV checks, issues
Administrative fee receipt and files all pertinent
documents. 45min@ $21.15 per hr
4. Hearing Officer - Sr. Deputy hears complaints
$30.84
$30.84
about possible improper tows reviews tow
reports and arranges for reimbursements to
qualified appellants. 30min@$61.67
5. Police Supervisor (Sgt.) - approval of tows and
$5.50
$5.50
paperwork. 5min @ 66.08
6. Cost of forms.
$0.50
$0.50
If the city's 25% administrative fees are figured into the equation the costs would be $114.50 and $76.50 respectively. At
this point there are no expected city resources to be utilized except for the processing of fees paid.
At the time of towing, and through mad notice (sent by the police department), the registered owner
or operator of the vehicle will be advised of the location where the vehicle has been impounded.
Also, the violator will be informed at the time and the registered owner by mail, that prior to release
of the vehicle at the end of the thirty days, the registered or legal owner of the vehicle must obtain
a Police Department release.
Poke Release of Vehicle:
The release will require Sheriffs Records Personnel being shown proof of registration, a valid
ficense, and proof of payment of the Admi istrative Fee listed above. This fee will be collected at the
East County Police Station and a receipt will be issued. The violator or registered owner will receive
written authorization from Sheriff s records that will be accepted by the tow company for release of
the vehicle. All fees collected will be delivered to Moorpark City Hall on a regular basis.
Tow CgvaT
The tow company will release any vehicle upon payment of tow fees, storage fees, and administrative
fees (when administrative fees apply) upon proof of current registration and a licensed driver is
present to drive the vehicle.
Tow Canny - Thirtvkymounds:
If the vehicle is towed for Unlicensed Operator or Suspended License as provided in the California
Vehicle Code Section 14602, the vehicle will remain in impound for thirty days. The vehicle can be
released to the registered owner or legal owner upon Police Release, and payment of all tow fees.
However, if the registered owner or legal owner fails to obtain release of the vehicle, the tow
company may initiate lien sale proceedings pursuant to 3068.1 of the Civil Code of California.
Staff recommends that the City Council:
Adopt the Ordinance that would perm* the Moorpark Police Department to recover the costs
incurred in enforcing certain California Vehicle Code violations. (Attachment `A')
2. Establish the administrative fee at $75.00 based upon an average of the actual costs for staff
time incurred when towing a vehicle per attached resolution. (Attachment `B')
Attachment `A' - Proposed Ordinance
Attachment `B' - Proposed Resolution