HomeMy WebLinkAboutOrdinance - 113 - Vehicle Regulations - 04/23/1968 C VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1 1 3
AN ORDINANCE DEFINING AND DECLARING CERTAIN VEHICLES A
PUB L I C NU i SA NCE AND REGULATING THE OPERATING, PARKING,
STORING, REPAIRING, SERVICING AND MAINTAINING OF RACING
CARS , STOCK CARS . and JUNK CARS AND PROVIDING FOR THE
ABATEMENT THEREOF BY TOWING AND PROVIDING FOR REMOVAL
AND IMPOUNDING OF ILLEGALLY PARKED, ABANDONED, OR STOLEN
VEHICLES AND ENFORCING REMOVAL OF STANDING VEHICLES.
The Council of the Village of Eden Prairie ordains -
Section 1 . DEFINITIONS . The following words and terms for the purpose
of this Ordinance are defined as follows:
JUNK CAR: Any motor vehicle which is not in operable condition,
partially dismantled, used for sale of parts or as a source
of repair or replacement parts for other vehicles, kept for E
scrapping, dismantling, or salvage of any kind, or which
is not properly Iicensed for operation within the State of
Minnesota, f
I
4.
PERSON: A natural person, firm, association, partnership or corporation, 1
including any agent of any of the aforesaid and includes both j
singular and plural .
1
PUBLIC PLACE: Any street, avenue, alley, road, highway, boulevard,
parking lot, or facility, park or other public property or
premises.
RACING CAR: Any motor vehicle designed or intended for operation on a
speedway, race track or other facility used or designed for
high speed contests between two or more vehicles or for
timing of speed.
STOCK CAR: Any motor vehicle of standard design and construction which
is modified, adapted or altered in any manner to increase its
speed and design or intended for operation on a speedway,
race track, or other facility used or designed for high speed
contests between two or more vehicles or for timing of speed.
UNCLAIMED VEHICLES: Any impounded vehi le not claimed by, or for any
reason not released to, the owner thereof within 24 hours
after notice is either received by owner or notice mailed to
him, as provided in Section 10, herein.
t
1
}
r
a
I
Section 2. CERTAIN VEHICLES DECLARED A PUBLIC NUISANCE; REMOVAL AND
IMPOUNDI NG THEREOF.
i
Any vehicle, whether occupied or not, that is found stopped, standing, ±
or parked in violation of the traffic regulations and provisions of the vi l lage
}
{
of Eden Prairie, or that is reported stolen, or that is found impeding fire x
3
fighting, snow removal , or the orderly flow of traffic, or any stock or junk
car on any public place, or on any private land or premises unless it shall
be in a building on such private premises, is hereby deemed and declared to
be a public nuisance and such nuisance may be abated in the manner hereinafter
set forth. The Village Clerk, any police officer, fireman, or other duly
authorized pet-sonnet , including the Superintenden ' of Roads and Snow Removal ,
may immediately order it to be removed and impounded in the manner hereinafter
provided, and it shall be surrendered to the duly identified owner thereof by
the towing contractor only upon payment of the fees hereinafter provided which
are declared to be the vehicle pound fees covering such vehicle.
Section 3. PARKING, STORAGE, REPAIR OR MAINTENANCE ON STOCK, RACING OR JUNK
A PT EZOGENCY ON 15U6LIC
No person shall park, keep, place, store, or permit the parking or
storage of, or repair, replace parts or do maintenance work on any public place s
nor on any private lands or premises unless such vehicle shall be within a
building on such private premises.
Section 4. ABANDONMENT.
No person shall abandon any junk car, junk motor vehicle, or any part
thereof or therefrom upon any public place in the Village of Eden Prairie.
�. Section 5. SERVICE AND REPAIR ON PUBLIC PLACE, EXCEPT M I NOR REPAIRS IN AN
OIL STATION OR GARAGE.
No person sha I I sery i ce, repai r, pa i n t, d i sman t I e, overhau I , or o`herwi se
maintain or do work upon any motor vehicle on, or in any public place.
Section 6. PARTIALLY DISMANTLE , WRECK , JUNKED, DISCARDED, OR NON OPERATING
VEHICLES ON PRIVATE PROPERTY.
It shal I be unlawful for any person in charge or in control of any
property within the Village of Eden Prairie to allow any oartially dismantled,
non operating, wrecked, junked, or discarded vehicle, including any parts thereof
5
or thereon, to remain on any private property unless within an enclosed building ±
for any period longer than 72 hours.
{
Section 7. B 1 DS FOR TOWING CONTRACTORS.
The Village Administrator shall adver* ise for bids for persons desiring
to act as towing contractor for vehicles impounded under this ordinance and the
Village Council may by motion or resolution accept the bid of one or more bidders
as official towing contractor of and for the Village.
Section 8. CONTRACT AND BOND.
Upon acceptance by the Village of any bid or biddeiss, contracts shall
be entered into in writing for a period not to exceed three years which shal I
f
j
set forth the fees to be paid and the services to be rendered by such contractor.
e
d
No person shal I act as towing contractor for the Vi I lage before entering into `
t
r
such a written contract with the Village and filing in connection therewith, with f
i
a
r
the Vi I Cage Clerk, a bond in favor of the Vi I lage of Eden Prairie in the sum of
x
$ 10,000.00, with corporate surety conditioned upon at least the following:
i
a. The proper hand i ng, safe-keep i ng and storage of a I i mpounded
vehicles, accessories, and personal property during the period of
impounding prior to delivery thereof to the Vi I lage or to the owner. i
I`
4
b. Reimbursement to the Village and owner for damage to or loss
thereof.
c. Guarantee of payment to the pillage of towing and storage on
impounding fees due the Village under the contract.
d. Guarantee of the performance of said contract.
Section 9. IMPOUNDING, TOWING, AND RELEASE.
The Village towing contractor shall take immediate possession of any
vehicle duly ordered impounded, and ticketed for any traffic or parking violation,
and shall tow such vehicle to the car pound . No such vehicle shalt thereafter be
released without authorization by the Village Clerk, Administrator or other duly
authorized Village officers. The towing contractor shall immediately after impounding
any vehicle notify the Village Clerk or Administrator of all such impounded vehicles
including description, license number, and any other pertinent information .
Section 10. PERSONS TO NOTIFY OWNER.
The Village Clerk or Administrator or authorized persons acting under
him, shall give notice of the impounding of any such vehicle to the owner thereof,
as shown upon or in records of the Motor Vehicle Department of the Secretary of State,
by telephone immediately upon the receipt of notice of such impounding, if possible,
and if it is not possible, shall notify such owner by certified mail , addressed as
indicated in the records of such Secretary of State, within•, 72 hours after receipt
of such notice.
Section 11 . TOW TRUCK OPERATOR TO HAVE IDENTIFICATION CERTIFICATE.
Every towing contractor shall provide every tow truck operator acting under
him and under such towing contract, with a proper identification card o- certifica`e,
to be issued by the Village Clerk or Administrator, which certificate shall be in
such person's possession at all times when towing or impounding is being performed.
No personshalI act as a tow truck operator in answering any request from the Police
Department for the towing or impounding of any vehiclP without having in
his possession such identification certificate, which certificate shall be
exhibited by such operator upon demand. Any such tow truck operator or
i
towing contractor shall make truthful answers to any questions pertaining
to the impounding or towing of any such vehicle.
L
Section 12. VEHICLES TO BE TAGGED, IMPOUNDED AND STORED.
Any unclaimed vehicle or damaged, junked, or abandoned car, or any
vehicle ordered impounded by the proper personnel of the Village shall
immediately be tagged by the Hennepin County Sheriff's office, which tag
f
shall show the disposition of such vehicle ordered by such personnel and the
i
reason for such towing or impounding, Any unclaimed vehicle may be ordered }
I
towed to and stored in any place designated by the Hennepin County Sheriff's
office other than the pound.
Section 13. TOWING AND IMPOUNDING CHARGES AND TOWING AND STORAGE CHARGES. i
The towing charge in connection with impounding of any vehicle shall !
l
not exceed the amount agreed upon in the contract between the Village and a
duly appointed towing contractor. A true and correct copy of each such t
f
contract shall be on file in the office of the Hennepin County Sheriff and
of the Village Clerk for public inspection. The schedule of charges of such
contract is hereby made a part of this ordinance as fully and to the same
1
effect as is set forth herein verbatim. To such contractual towing charge
there shall be added the sum of $1 .00 for clerical and administrative expenses
p
of the Village and shall be paid by the towing contractor to the Village
Treasurer on or before the IOth day of each month. This towing charge shall
r
apply only to passenger cars and light trucks with a capacity not exceeding
one ton,
Towing charges shall be of two kinds as follows:
a. Floating tow charges: Trucks of the towing contractor may cruise
any alley of the Village for illegally parked motor vehicles,
public places posted against parking whether temporary for snow
plowing, street cleaning, or similar reasons, or where permanent
or overtime parking is prohibited.
b. Called tow. Whenever the towing contractor has been called or
notified by the police, or other proper city officials, for the
specific towing of any vehicle.
Charges for any floating tow shall be as follows:
a. If the owner claims the vehicle before it is attached to the
towing truck there shall be no tow charge.
b. If the owner claims the vehicle after connection has been
made but such vehicle has not yet been moved, the owner shall
pay the sum of $2.00 to have such vehicle disengaged.
C. For all other towing the owner shall pay the sum of $5.00.
f d. Called tow. If the owner claims such vehicle before any I
connection is made, the owner shall pay the sum of $3.00. i
e. If the owner claims such vehicle after it has been connected
to the towing truck the owner shall pay the sum of $7.00.
f . Storage Charges. Storage charges if impounded shal I be $1 .00
for the first 2L hours or fraction thereof, $1 .50 for each of
the next five 24 hour periods of any fraction thereof of any
such period and $3.00 for each additional 24 hours or fraction
thereof, beyond the first five 214 hour periods.
To any of the above towing and storage charges the sum of $1 .00 shall
be added as hereinabove provided.
Section 14. STORAGE OF IMPOUNDING VEHICLES.
Any vehicle directed to be impounded as herein provided, f rom the time
it is taken possession of by the towing contractor and during the time it is
impounded, and until the same is released to the owner as herein provided,
shall be considered to be in the custody of the law, and no work shall be
done thereon by the towing contractor, nor shall he permit anyone to do any
work thereon except the impounding and storage thereof of his employee or his
agent, until such car has been released to the owner as herein provided.
t
1
All such cars when ordered released by the Villeg e Clerk, Village Administrator
or Hennepin County Sheriff shall be released to the owner without charge, other
than the impounding and storage fees herein provided. The towing contractor
during the time the vehicle is impounded shall not permit the owner or any
i
other person to take or remove from the vehicle any part or parts, or change
i
or repair any part or parts. All vehicles which have been involved in criminal
i
i
proceedings, and which are designated by the Hennepin County Sheriff as being
he I d for that reason, sha I I be held and stored in inside garages. Vehicles
impounded for other reasons may be stored in inside garages or on designated
fenced or otherwise enclosed parking lots. 3
Section 15. RELEASE FORM.
At the time of return of the vehicle the towing contractor shall
release the same by a release in writing which shall state the date of such
release together with the charges enumerated thereon and the purpose for which
such charges were made. Such release shall be made in one original and three
copies, all of which shall be signed by the lowring contractor and the person
to whom such release is made. The towing contractor shall retain the original
of such release and shall deliver one copy thereof to the owner of the vehicle
and two copies to the Hennepin County Sheriff . Of such two copies the Hennepin
County Sheriff shall deliver one to the Village Clerk,
Section 16. DAMAGED VEHICLES.
The towing contractor shall not solicit, directly or indirectly, the
impounding or towing of cars under this chapter. If any vehicle, whether
occupied or not, is found upon the streets of the Vi I lage in such a damaged
condition as a result of accident or disrepair that it cannot be driven, and
is so located as to constitute an obstruction of the street, the same may be
ordered impounded by the Hennepin County Sheriff, provided that if the owner
or operator thereof has requested, or does request, that such vehicle be
i
towed to any garage or other storage place in Eden Prairie, other than the
towing contractor s, and provided that the said owner shall advance to the j
towing contractor a sum equal to the impounding fee to cover the cost of
towing, neither the towing contractor, the Hennepin County Sheriff, nor
anyone else shall order such vehicle to be impounded in the pubic pound
unless the Hennepin County Sheriff considers possession of such car7necessary
in the investigation of any person for violation of law.
Section 17. REPORT OF HENNEPIN COUNTY SHERIFF.
I
Any Hennepin County Sheriff or other authorized person directing the €
impounding of any unoccupied or damaged vehicle shall prepare a written report
of such vehicle, which report shall , among other things, include the following:
Make of car, license number, motor number, number of tires, tools and other
separate articles of personal property; general description of the car with
regard to condition, damaged parts, and such other information as may be
necessary to describe adequately the vehicle and property delivered to the
towing contractor. A copy of such report, signed by the officer or officers,
shall be delivered to the towing contractor at the time of impounding. The
towing contractor shall receipt for and check such report , and his signature
thereon shall be considered a receipt for the vehicle and property described
therein. The original and one copy of said report, and towing contractor's
receipt shall be filed in the Hennepin County Sheriff 's office. The Hennepin
County Sheriff's office shall deliver one of said copies to the Village
Administrator.
t
i
r
Section 18. LIABILITY AND PROPERTY DAMAGE INSURANCE.
The towing contractor must carry, at his own expense, public liability,
property damage, f ire and theft, and public garage keepers' I iabi I i ty insurance
in an approved reliable insurance company licensed to do business in the State
of Minnesota, and which insurance shall include the Village as a named insuredo
and contain coverage in amounts of not less than the following: $100,000.00
for injury to any one person, $300,000.00 total injury in any one accident,
$10,000.00 fire and theft, $25,000.00 for damage to property, and $5000.00
garage keepers' insurance. Contractor shall furnish and file with the Village
Clerk a policy or a certificate of such insurance of the insurer which shall
contain a clause providing for a 10-day notice to the Village before cancellation .
If any bond or policy of insurance required herein is cancelled, the towing
contractor before date of cancellation shall furnish and file a similar new
certificate. Failure to comply with the provisions hereof shall automatically
suspend the contract as of the date of the cessation of any such bond or
liability, property or fire insurance coverage.
Section 19. SALE OF WEHICLE WHERE OWNER OF VEHICLE CANNOT BE IDENTIFIED.
If any such vehicle is found and removed under circumstances which
do not give the Hennepin County Sheriff's office or the towing contractor
knowledge or means of inquiry as to the true owner thereof , the Hennepin
County Sheriff's office shall immediately report such facts to the Village
Administrator. Any such vehicle or any other vehicle or property unclaimed,
or abandoned by any owner, for a period of 30 days from, and after such
impounding, shall be sold by the Village Administrator or by the Village of
Eden Prairie at a public sale, as/provided by Eden Prairie Ordinance or State low.
Section 20. PENALTY.
Any person violating any provisions of this ordinance shall upon
conviction thereof be punished by a fine of not more than $100.00 or by
imprisonment of not more than 90 days.
First read at a regular meeting of the Council of -he Village of
Eden Prairie this day of 1968, and finally read, adopted
and ordered published at a regular eeting of the Council of said village on
the IL( dey of A J , t968•
David W. Osterholt, Mayor of t
the Village of Eden Prairie {
(t
mt "I
4tek
C_ fi
Published in the Minnetonka - Eden Prairie Sun this day of 1968.
d
}
i
1
1
1
A'
Ink SUNNEWSPAPERS
AFFID"IT OF PUBLICATION
Ii:Ll►ti>1 OF BFF.N PRAYRtB
Hopkins Sun f► .
1. HENA(Bi'itlf rnr�rt�•r_«rsara* _
12 Suburban Square Hopkins, Minnesota
y
State of Minnesota SS. 71
County of Hennepi+,t
_7 el
as r,on e►i 0uo
W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The Hopkins Sunm-Alr A. iMPERlAR�`
and has full knowledge of the facts herein stated as follows: (1) Said newspaper neYtiAmtt>rr'�
Is printed in the English language in newspaper format and in column and sheet form
equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and 'SST,QROW�NGCHR}riE/l'.tAiR,tAi�l
is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted
to news of local interest to the community which It purports to serve and does not wholly SPECIAL
d r R
duplicate any other publication and is not made up entirely of patents. plate matter and
advertisements. (4) Said newspaper is circulated in and near the municipality which it purports pp
to serve, has at least 3 copies regularly delivered to paying subscribers, has an average o! 3
at least 75% of its total circulation currently paid or no more than three months in arrears00 (StE-W:C0RPQR`�4116k%
and has entry as second-class matter in Its local post office. (5) Said newspaper purports to Akl FA&0kY WAitRAKTE
serve the City of Hopkins in the County of Hennepin and It has its ]mown offYce QO< BA1:AhtC�G1� YR.^—'SQ OQd M�tE WA
Issue in the City of Hopkins in said county, established and open during its re4(ular business r,. c,
vrs for the gathering of news, sale of advertisements and sale of subscriptions and main.
1� .ned by the managing officer or persons in Its employ and subject to his direction and con- � �A
feel during all such regular business hours and devoted exclusively during such regular
business hours to the business of the newspaper and business related thereto. (6) Said news- /�(,(, 1KK LQ dui ,;'". 3
paper files a copy of each Issue immediately with the State Historical Society. (7) Said news-
paper has complied with all the foregoing conditions for at least two years preceding the day
or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of SAVE�t ON;_T111,5 EXi1i7G,111� U> }
State of Minnesota prior to January 1. 1966 and each January 1 thereafter an affidavit in the _ ' Cisiwlfsi� N:X., QIL, ilC
form prescribed by the Secretary of State and signed by the publisher of said newspaper and FoetoR4 9rMru
sworn to before a notary public stating that the newspaper is a legal newspaper. pisrsrs.cm�ag4peq,►p(d,I1y.�tp„yraatfsn..(hls+yp.t
ORDINANCE NO. 113 He further states on oath that the printed ..... .... ........
'it 968 PJ� `!*
hereto attached as a part hereof was cut from the columns of said newspaper. and was printed ' ,^
A�ttts�.9nlla*� fsss►
1 • :':.'iNERl1Lt4i�OtE�OIN'" �.
and published therein in the English language, once each week, for successive weeks;
OODGf,�O�l�1C0 'i�ARR�Ci�DA�S
4
that it was first so published on Wed. the . - 29. . �x. ..._.. 19 ..� ���C,. . day of t�11NTi0N
I
and was thereafter printed and published on every Wed. to and including +
NT R Y[ e + 1+ i► x,
29 if ay 6fi
the day ut 10 and that the follot+vinR 1s a printed copy
of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz ei 'kQVP+'s* t3ioeng " r ?♦: �!�s+.yu
a
ilk ngq
Subscribed and sworn to before me this -=;�' f da of .. .
(Notarial Seal)
Barbara Samuelson, Notary Public, Ramsey County. Mica.
� t '',rS1s'71. tm� gA�' � µ♦w .
My Commission Expires November A, 1971
� i f
v'�1
t-
r,F h 4
r2,