ORDINANCE NO. O-474
AN ORDINANCE AMENDING TITLE 6 - TRAFFIC, BY ADDING CHAPTER 6.21, IMPOUNDED VEHICLE INVENTORIES, OF THE YAMHILL MUNICIPAL CODE; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Yamhill has recognized the need for standardization in and conformity in traffic and pursuant to ORS 203.035 regulations; NOW THEREFORE;
THE CITY OF YAMHILL ORDAINS AS FOLLOWS:
SECTION 1. Yamhill Municipal Code Chapter 6.21, Impounded Vehicle Inventory, is hereby added to read as follows:
6.21.010 Purpose. The purpose of this ordinance is to govern impounded vehicle inventories and to provide authority for the Yamhill Police Department to conduct inventories of impounded vehicles as required to protect private property while it is in police custody, to reduce or prevent the assertion of false claims of lost or stolen property, and to protect people and property from any hazardous condition or instrumentality that may be associated with the vehicle.
6.21.020 Inventory Procedure. Every vehicle impounded by the Yamhill Police Department shall be inventoried. The purpose of the inventory is as follows:
a.) To protect private property while it is in custody.
b.) To reduce or prevent the assertion of false claims for lost or stolen property.
c.) To protect people and property from any hazardous condition or instrumentality which may be associated with the vehicle.
A.) The inventory of property in a vehicle is not a search for evidence of criminal property. Items should be scrutinized only to the extent necessary to complete an accurate inventory list. Once completed, the list shall be made a part of the narrative section of the appropriate report. The inventory should occur as soon as practical after the vehicle has been impounded.
B.) Areas to be inventoried include the entire passenger compartment, uncovered hatchback, unlocked glove boxes, and unlocked trunks. The contents of locked areas shall be inventoried if there is an unlocking mechanism provided within the vehicle.
C.) Police Officers may seize contraband or evidence of criminal activity discovered during the inventory. However, absent consent from the owner to open a closed container, the existence of a valid search warrant or probable cause to believe the contents of a closed container are subject to search or seizure without a warrant, closed containers found in the course of the inventory shall remain closed unless the container appears insecure or its contents appear imminently harmful.
D.) If, during the inventory, extraordinary valuable property such as jewels, watches or cash is discovered, the property shall be entered into an evidence locker for safekeeping.
E.) All items seized during an inventory shall be listed on an appropriate Police Department form. A property receipt shall be given to the owner of the seized property or the owner/operator of the vehicle. If no owner is available, the property receipt may be left in a conspicuous place in the vehicle.
F.) Upon impoundment of any vehicle by direction of the Yamhill Police Department under a provision of state law, city or county ordinance or other lawful authority, the Police shall make a written inventory list. The list shall contain an itemization of all property contained within or upon the impounded vehicle which, in the judgment of the person conducting the inventory, has a value of $100 or more. For the purpose of this subsection, equipment or accessories physically attached to the vehicle need not be itemized on the list.
6.21.030 Severability. All sections, subsections and paragraphs of this ordinance are severable. If any section, subsection or paragraph is ruled invalid for any reason by the court of last resort, the other portions of this ordinance shall be unaffected.
SECTION 2. This Ordinance hereby amends Yamhill Municipal Code Title 6- Traffic by adding Section 6.21. All remaining portions of Yamhill Municipal Code, Title 6, Traffic, are hereby reaffirmed in their entirety.
SECTION 3. This Ordinance being necessary for the immediate preservation of the public
peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage.
INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 12th day of January , 2005.
CITY OF YAMHILL, OREGON
FIRST READING: 01/12/05
SECOND READING: 01/12/05
By:
Randy Murphy
Mayor - City of Yamhill
ATTEST:
AYES: Knope, Echauri, Murphy, Terp
NAYS: None By:
Sandi Wodarczak
City Recorder/Treasurer