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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)