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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~