Vehicle Impounds $20 Adm FeeMEMORANDUM
October 14, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Ordinance Amendment: Section 1 Sec. 32-432 Unauthorized Removal of
Vehicle - $20 Administrative Fee for Police Authorized Vehicle ImPOunds
Chief of Police Klm Wadding is recommending amending the City of Dubuque Code of
Ordinances Section 32-432 to include the adoption of a $20 administrative fee for the
towing and impoundment of vehicles by the Police Department.
This fee was approved as part of the Fiscal Year 2004 Budget Amendment process and
is estimated to generate $20,400 a year.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
l~lichael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Klm B. Wadding, Chief of Police
THE CITY OF
MEMORANDA
Date: October 13, 2003
To: Michael C. Van Milligen
City Manager
From: Klm B. Wadding
Police Chief
Re: Ordinance Amendment:
INTRODUCTION:
Section 1 Sec. 32-432 Unauthorized Removal of
Vehicle - $20 Administrative Fee for Police authorized
vehicle impounds
The purpose of this memorandum is to request consideration to amend the City of
Dubuque Code of Ordinances Section 1 Sec. 32-432 Unauthorized Removal Of
Vehicle by adding the requirement of an administrative fee of $20 payable to the City of
Dubuque before an impounded vehicle can be removed from a facility where it is being
held. The amendment would read as the following:
Sec. 32-432. Unauthorized Removal Of Vehicle:
(a) It shall be unlawful for any person to remove a vehicle from the facility where it is
being held without the prior payment of accrued fines and costs for each outstanding
violation, towing, preservation and storage charges, and a City administrative fee of $20
payable to the City of Dubuque resulting from placing the vehicle in custody and the
costs of the notice required pursuant to Section 32-431.
(b) The ~ Chief of Police is authorized to summarily reimpound any
vehicle removed in violation of this Section. (1976 Code, § 25-392)
BACKGROUND:
Over the past months, the City of Dubuque has been striving to meet a reduced FY2004
budget caused by a number of revenue reductions and expenditure increases. In
response each city department was asked to develop expenditure reductions and/or
revenue enhancements to offset the deficit. Because the State of Iowa has permanently
eliminated key annual funding components to cities, the reductions are recurring and
not resolved on a one-time, short-term basis.
In the police department 16 budget recommendations were identified and submitted for
consideration. Of the 16 recommendations, one recommendation was the addition of a
$20 police towing and storage administrative fee. The administrative fee occurs when a
police officer authorizes the tow and impound of a motor vehicle upon a public right-of-
way. The administrative fee does not apply to those situations where an officer simply
stands by while an owneddriver or private lot manager makes arrangements for a
vehicle to be towed.
DISCUSSION:
On September 2, 2003 the City Council adopted a budget amendment to reduce the
FY04 budget deficit by including the recommendation from the police department for the
adoption of a police towing and storage administrative fee. The adoption of the fee
provides estimated annual revenue of $20,400.
Based upon the four-year average described below, the department tows approximately
119 vehicles per month. Of those towed, 42 are towed due to traffic accidents. Of the
42 accident tows, 90% are removed on the authorization of the owner or driver with the
other 10% authorized by the
Police.
134
117.75
110
45.25
41.75
Only those authorized for tow
by police are subject to the
administrative fee. After
subtracting the average tows
(119) from the accident tows
(42) with a 10% adjustment for
accident vehicles authorized for
tow by police, we estimate 85
police tows per month.
86.5
92.5 89.1 75.9
154 100.1
Examples of Police authorized
accident tows include vehicles
involved in a hit and run, stolen,
unregistered or improperly
registered, uninsured, and/or
vehicles seized for evidence
where the accident remains
under investigation.
84.7 96.8 85~8 RECOMMENDATION:
2003 85.8 57.2 73.15
85;8 75~35
Based upon these estimates,
we recommend amending the
City of Dubuque Code of Ordinances Section 32-432 to include the adoption of a $20
administrative fee for the towing and impoundment of vehicles by the police department.
ACTION REQUESTED:
The action requested is to submit the ordinance amendment to the City Council for
consideration.
Cc:
Barry Lindahl, Corporation Attorney
Jeanne Schneider, City Clerk
Preparer: Barry A. Lindahl Address: Suite 330 HarborView Place 300 Main Street Dubuque IA
52001 Telephone: (563) 583-4113
ORDINANCE NO. 81-03
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-432
UNAUTHORIZED REMOVAL OF VEHICLE BY ADDING THE REQUIREMENT OF
PAYMENT OF AN ADMINISTRATIVE FEE TO THE CITY OF DUBUQUE BEFORE AN
IMPOUNDED VEHICLE CAN BE REMOVED FROM A FACILITY WHERE IT IS
BEING HELD
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1 Sec. 32-432. Unauthorized Removal Of Vehicle:
(a) It shall be unlawful for any person to remove a vehicle from
the facility where it is being held without the prior payment of
accrued fines and costs for each outstanding violation, towing,
preservation and storage charges, and a City administrative fee of
$20 payable to the City of Dubuque resulting from placing the vehicle
in custody and the costs of the notice required pursuant to Section
32-431.
(b) The Chief of Police is authorized to summarily reimpound any
vehicle removed in violation of this Section. (1976 Code, § 25-392);
and
Passed, approved and adopted this 20th day of October
,2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:~USERS~