Claim Response Beyer, Ryan M.
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BARRY A. LINDAHL, E .
CORPORATION COUNSE .' CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
August 19, 2004
RE:
Claim Against the City of Dubuque by Ryan M. Beyer
Claimant
Date of Claim
Date of Loss
Nature of Claim
Ryan M. Beyer
07/30/04
07/23/04
Vehicle Damage
This is a claim in which the claimant alleges that while he was on vacation, his
automobile, which was parked near 2175 Avalon Road was towed.
According to the report of Kim Wadding, Chief of Police, Dubuque Dispatch received an
anonymous call regarding a street storage parking complaint near the intersection of
Asbury & Avalon Roads. Chief Wadding reports that the investigating officer made
numerous attempts to contact the owner with no success, and additionally, the officer
placed an orange sticker on the vehicle as a visible sign to the owner of the concern.
As a result, the vehicle received a parking ticket and was towed four days later, on July
25, 2004.
City of Dubuque Code of Ordinance §32-423 states that unattended vehicles may not
stand or park in or about a public place for 24 hours or more without the vehicle being
moved. Based upon the ordinance requirement and after making multiple failed
attempts to notify the owner, it is the recommendation of Chief Wadding to deny this claim.
The Legal Department concurs with this recommendation.
cc:
Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Kim Wadding, Chief of Police
Ryan M. Beyer
BAL:tls
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SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
D~~~E
~YN-~
FROM:
August 18, 2004
Barry Lindahl
Legal Department
Kim B. Wadding 4/f;........
Police Chief 4LJ
DATE:
TO:
RE:
Claim against the City of Dubuque by Ryan M. Beyer
INTRODUCTION
Regarding the claim for damages, I have attached the vehicle impound report from
Officer Travis Kramer outlining his contact with the vehicle owned by Ryan Beyer, 3490
Dove, Dubuque, Iowa.
BACKGROUND
On July 21,20046:53 P.M. Dubuque Dispatch received an anonymous call regarding a
street storage parking complaint near the intersection of Asbury & Avalon. The vehicle
was identified as a 1991 red Ford Mustang 2-door, license number 715AXS, registered
to Ryan Beyer, 3490 Dove Street.
DISCUSSION
Officer Travis Kramer was the investigating officer. In an attempt to have the vehicle
moved, Officer Kramer reports multiple attempts to call the owner with no success.
Additionally an orange parking sticker was placed on the vehicle as a visible sign to the
owner of the concern. As a result, the vehicle received a parking ticket and was
eventually towed four days later on July 25, 2004 at 9:00 P.M. by Wenzel's Towing.
According to City of Dubuque City Code Section 32-423, unattended vehicles may not
stand or park in or about a public place for twenty-four hours or more without the
vehicle being moved. Based upon the ordinance requirement and after making multiple
attempts to notify the owner, the vehicle was towed.
RECOMMENDATION
Based upon the actions of the officer and the attempts made to notify the owner to
move the vehicle, I recommend denial of the claim.