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Py omby Uwy 06 a I III N1,11111 of tug _11-16 hw"to VAM '+t tolattt nt if, MWO t ar�w� *aUsum amine tares. 7 sI ffM77 7W , 1 1 �, sad by the (mil of tbo VIIUW of tW4ir„ day at r 1969, Iz batt+ j ORDINANCE NO. 250 !AN ORDINANCE AMENDING THE I MAPLEWOOD CODE BY ADDING A N$W CHAPTER 406 RELATING TOI AFFIDAVIT OF PUBLICATION THE IMPOUNDING OF VEHICLES, THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: t �#tt�Q 111 Aixlxc 0cm Section 1. The Maplewood Code is. hereby amended by adding a new Chap -I ws ter 406 to read as follo: County of Rams ey "406.010. AUTHORITY TO REMOVE, (a) Any vehicle, wherever found, in vi- ,III''y��stttion of the ordinances of the Vil- of Maplewood or the laws of the, T R Lillie _____________________ !!______-___---________----_, being duly sworn, on oath says ate of Minnesota, is hereby declared to Te yS a nuisance and the same may be I he is and during all the times herein stated has been the __------ summarily abated by or under the dl- reeVon or at the request of police offi- cer by removing and impounding such I -- ----------- ------------------ publisher and sprinter of the newspaper known as Maplewood Review. vehicle, In a public pound, by means of and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in .printed space to at Owing, or otherwise, and shall only be surrendered to the duly identified own. least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. er thereof or his agent upon the pay- (3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com- munity which it to serve and does not wholly duplicate any other publication and is not made ment of the fees hereinafter provided, (b) Any vehicle found upon the purports up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near streets of the Village of Maplewood In the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than ,such a damaged condition as a result of an acc;dent or disrepair that it can. three months in arrears and has entry as second-class matter in its local post -office. '(5) said newspaper not be driven and is so located as to purports to serve the Village of North St. Paul in the County of Ramsey and it has its known office constitute an obstruction of the street of issue in the Village of North St. Paul in said county, established and open during its regular may be removed and impounded; in a businear. hours for the gathering of news, sale of advertisements and sale of subscriptions and main - tained by the of said newspaper or persons in his employ and subject to his direction and public pound, by the Police Department, and shall only he surrendered to the publisher control during all such regular business hours at which said newspaper is printed. (6) Said news - duly Identified owner thereof or his paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has agent upon the payment of fees here- complied with all the foregoing conditions for at least two years preceding the day or dates of publi- inafter provided; provided, that if the cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior owner or operator thereof has requept. to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary ed, or does request that such vehicle be of State and signed by the publisher and sworn to before a notary public stating that the newspaper is towed to his own or to any garage a legal newspaper. other than the public pound, neither Ordinance__Noe 0 the Police Department nor anyone else, He further states on oath that the printed___ __2 _________-____----- shall order such vehicle to be im. pounded in a public pound unless the hereto attached as a part hereof was cut from the columns Police Department considers possession ------------------------------------------ of said newspaper, and was printed and published therein in the English language, once each week, for of such vehicle necessary in the prose- cution of any person for violation of I that it first so on Wednesday the Lw. ------ -------- successive weeks; was published _4 --------- 406.020. PROSECRMON. The im- pounding of a vehicle shall not prevent day of ------------- ------ Jam° --------------- of 19-0 and was thereafter printed and pub - or preclude the institution and prose. cuton of proceedings for violation of ---------------- ------------------ fished on every Wednesday to and including Wednesday the day of law, in the Municipal Court or else- where, against the owner or operator 19____ and that the following is a printed copy of the ]ower case alphabet of such impounded vehicle. 406.030. POLICE TO NOTIFY OWN- ---- --- - - ---- ---- from A to Z, both inclusive, and is hereby acquowledged as being the size and kind of type used in ER. Within seven (7) calendar days the composition and publication of said notice, to wit: after impounding of such vehicle, pur. sppent to Section 406.010, notice that the vehicle has been impounded shall be given to the owner thereof by either mailing to the owner thereof at abcdefghijklmnopgrstuvwxyz abcdefghijklmnopgrstuvwxyz X 1�'""Z h.s last known address, as shown by ----------------------'---------------------------------- the records of the Secretary of State: impoundment, 4th Jiln� �-9 a written notice of such or by publication at least once within seven (7) calendar days following the day of Subscribed and sworn to before me this ___ ---- --- 1 5-Z date of said impoundment in a legal�newspaper within the .Valage of Maple- wood of a notice of the impounding, the license number of the vehicle, the vehi- ------ ----- ---- --'---'-'-"--'-- Notary public, _______ _ ! _____ _ —_ County, Minnesota cle identification number thereof, and (^� �7 the name and type of automobile. In My Commission Expires ___________________ _ _ __fid ____ the event the owner of said impounded vehicle be unknown, notice shall be given by pubUcation. This notice may bec given by the Police = by a person ^r i-ound RS.ear the Village shall designate theon, firm or corporation to act as keepers of vehicles impounded under the provisions of this Chapter. ! The selection of such pound keepers shall be made in the discretion of the Council either by negotiation or by In. vitation for 'Public bids. If the Council uroceeds by mean of bidding, such bids shall be taken in the manner that other bids are taken for the purchase, of services or equipment. After designa- tion of the pound keeper any vehicle ordered Impounded shall be picked up by the pound keeper and shall be re- leased to the owner or his agent only after payment of fees requ?red by this ordinance. 406.054. BOND. The Council may re- quire the Pound keeper to furnish a surety bond conditioned upon proper handling and safe keeping of im- pounded vehicles, accessories and per- sonal prgperty, upon reimbursement of the village and owners for loss thereof, and to guarantee payment to the Village of fees due under the terms of the con- tract. Form of bond shall be subject to approval by the Village Attorney and the Surety shall be a person or cor- poration approved by the Village Fin- ance Officer. 406.060. LIABILITY AND PROPER. TY DAMAGE INSURANCE. The Pound keeper shall carry public habil- ity insurance covering property dam. age and personal injury in an amount not less than $140,000.00 to any one Demon and not leas than $300.000.00 total in any- one accident, and not less than $SO,000.00 property damage, which shall contain a clause providing for ten day notice to the Village be, fore cancellation, and in a form ap- proved by the Village Attorney. Fail- ure to comply w?th the provisions of this section relating to insurance or the previous section relating to bonds shall be grounds for immediate can- cellation of the pound keeper's con- tract, 406.079. TOWING AND STORAGE CHARGES. The towing charge and other charges in connection with im. pounding an vehicle shall be equivalent to the amount agreed upon sn the cur-' rent contract between the Village and the pound keeper, plus clerical and administrative expenses incurred by .the Village, as determined by the Village Finance Officer. 406.080. CHARGE WHEN OPERA -1 TOR APPEARS BEFORE TOWING.I Where a police officer has tagged a I vehicle to be impounded, and where i the owner or operator thereof appears' before the tagged vehicle has been booked to the tow truck and the w= els hoisted from the ground, the tow truck operator shall release the said vehpole without the payment of any fee or towing charge. Where the taw truck operstor has any such vehi- cle oil the hoist and the wheels thereof raleseedd from the ground before the ownes� or operator thereof appears, he shall release the same upon the pay- ment .of service fee not to exceed the amount agreed upon in any current contract between the Village and a duly licensed pound keeper as provided herein, and shall give a receipt for such payment. 406.090. RELEASE OT' VEHICLES. (a) Before the owner or his agent shall .be permitted to remove such ve- hicle 9npounded pursuant to Section 406.010,` he shall furnish satisfactory evidence of his identity and ownership of said vehicle, he shall pay such fees for the towing and storage of said vehicle as set out in this chapter, and he shall sign a written receipt for %Cd vehicle. It shall be unlawful for any Person to reclaim such vehicle so im. pounded without first paying all of said towing and storage fees provided herein. (b) The pound keeper shah not re• lease vehicle designated as police "hold" without a wr7tten release thereof from the Chief of Police or his authorized representative. 406.100. RELEASE FORM. Upon the return of the vehicle the pound, keep- er shall release the same by a re. lease, in such form as approved by theII Village Manager, in writing. which l form shall state the date of such re- lease tog'eth4r vrith the charges enum- erated thereon and the purpose for', which such charges were made. Such arenas shall be made In one original and three copses. all of which shall be signed by the pound keeper and theper-I sen to whom such release is made. The pound keeper shall retain the original of such release and shall deliver one copy thereof to the owner of the vehi- cle and two copies to the Village. 406,110. STORAGE OF IMPOUNDED VEHICLES. Any vehicle directed to be Impounded u herein provided, from the time it is Ween possession of by the pound keeper and durin.g the time it is impounded, and until the same is re- leased to the owner or his agent, as herein provided„ shall be considered to he in the custody of the law, and no work shall be done thereon by the pound keeper, nor shall he permit any- one to do any work thereon except the impounding and storage thereof by his employees or his agents, until such ve- hicle has been released to the owner or his agent as herein . provided. All such vehicles shall be released to the owner or his agent without other charge than the impounding and storage fees herein provided. The pound keeper, during the time the vehicle is impounded, shall not Permit the owner or an other person to take or remove from the vehicle any part or parts, or change or repair any part or parts. 406.120. (a) SALE OF VEHICLE. If at the exisiration of thirty (30) days after mailsng or publishing the notice provided for in Section 406.030 such vehicle is not redeemed by the owner or his agent, the Village Manager shall uroceed tc. sell the same by sealed bid or by public auction, after first giv- ing notice of such sale in a legal news- paper, said notice to be publsshed not l less than ten (10) days prior to the date of such sale as aforesaid, and said notice of sale to include therein the time and place of such sale, stating fur- ther whether such sale shall be by sealed bid or by public auction or both.! Notice of sale shall a;wo be posted in three prominent places within the V3 on - lage. Records stating, with reasonable certainty, the manufacturer's trad name, vehicle idesrtiiieation number. liecease number, ownership, if available from the records of the Secretary of State, shall be kept and available for, public inapectson at the place of sale.' Determination of whether the sale shall be by sealed bid or by public auction shall be left to the discretion of the Village Manager, (b) SPEC.ItAL USE BY POLICE. That 'the G'iuef of Police at the ex- piration of `thirty days after mailing I or pu.blishbg a notice provided for in 1 Section 406,030, may use such vehicles' as -are nevesesty for special police Pur -1 Posen of thc. Village ofMaplewood. h when such vehicles are of no further 11 use for these purposes, the Village shall proceed to sell the same by sealed bid or by public auction after first giv- ing notice of such sale in a legal news- I Paper. Said notice to be publ@shed not leas than ten days prior to the date of I ,such sale as aforesaid in said noticel of sale to include therein the time and Place of said sale, stating further whe- ther such galeshall be by sealed bid or� public auction or both. Notice shall also be posted in three prominent placesr within the Village. 406.130. ABATEMENT. Subject to the; approval of the Council by Resolution, the Village Manager shall have thet power to abate such towing and stor- age charges. 406.140. REPORT OF POLICE OF- FI($R, f'ny police officer or officers dicectint$ the impounding of any ve- bi ele. shall prepare a written report of the description of such vehicle, which report shall, among other things, ?n. elude the following: make of the car; license number; vehicle identification number: number of tires; tools and other separate articles of personal prop- erty; general descriptions of the vehi- cle with regard to the conditim i nam. aged parts, and such, and other. 'infor. mation as may he necessary to. ad, - tluat4ly descr..be the vehicle and prop -1 cop of 1 such report, report,ed to esiggneddby cethe ffii.. cer or officers shall be delivered to the pound keeper at the time of Impounding and the .pound keeper shall receipt for ! .such report and shall check such re- port, and his signature thereon shalli he considered a receipt for the vehicle, and property described in said report.) The oris.*anal of said report, together with a duplicate of the pound keeper's receipt, shall be filed in the police De-! partmont. i 4011150. RECORDS. The Police De- partment shall keep a record of all vehicles impounded by manufacturer's trade name or make, vehicle identifi- cation and license numbers, the names! of the owners of such vehicles, and of l all persons Oaim m :'ng the sae, and' such other descriptive matter as may identify such vehicles, the nature and circumstances of the impounding them - of, and the violation, if any, on ac- count of which such vehicles were its. pounded." i Section 2. This ordinance shall t%ke effect and be :n force from and after; its passage and publication. k Passes by the Council of the Village of Maplewood this 15th day df May, 1969. Letter G. Ax6W, ,X*yw ' Ayes 6; Ntp 0: Attest: Lucille Aurelius, Clerk. (Ravicw: June 4, 1969)