(A)  Oregon Revised Statutes 809.720 authorizes a police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this division (A) may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer. This division (A) applies to the following offenses:

(1) Driving while suspended or revoked in violation of ORS 811.175 or 811.182.

(2) Driving while under the influence of intoxicants in violation of ORS 813.010.

(3) Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010.

(4) Driving uninsured in violation of ORS 806.010.

(B) Community caretaking considerations: Vehicles are not to be towed and/or impounded under the authority of ORS 809.720 under any of the following circumstances:

(1) The vehicle is parked on private property on which the registered owner or operator is legally residing, or the property owner does not object to the vehicle being left in the parked location.

(2) The registered owner and/or a passenger present in the vehicle at the time of the stop have a valid driver's license and are willing and legally able to drive the vehicle at the time.

(3) The vehicle is legally parked at a time and place where the likelihood of it being subject to theft and/or vandalism is remote and traffic or public safety is not impeded.

(C) All impoundment proceedings pursuant to this section shall be done in accordance with ORS 809.716, 809.725, and 819.180 and as supplemented below:

(1) All vehicles towed and impounded shall be by a licensed tow company under contract with the city to a storage site operated by the towing company.

(2) The owner of the impounded vehicle, or the owner's authorized agent, may reclaim such vehicle upon providing proof of ownership, proof of compliance with the financial responsibility laws of the Oregon Motor Vehicle Code and the payment of a towing bill, an impound fee and storage fees on a per‑day basis commencing with the date of impoundment, all as established by resolution of the City Council.

(3) If the vehicle is not reclaimed within 30 days from the date of impoundment, then such vehicle shall be disposed of by the towing‑storage company under contract with the city as authorized by state law for the disposition of unclaimed vehicles.

(4) The City Manager shall adopt a procedure for a hearing to be held before the City Manager, or his or her designee, as hearings officer.

A person entitled to lawful possession of such vehicle may request a hearing to contest the validity of the impoundment of the vehicle by filing a written request at City Hall for such hearing. The hearing must be requested within ten days of when the vehicle was impounded. The City Manager, or his or her designee, shall set a time for hearing the request within ten days after a written request for a hearing is filed with the city. All reasons in division (A) of this section for impounding the motor vehicle may be raised at the hearing and any notice of the reason for impound may be amended to conform to the evidence. (Ord. 1883, passed 6-12-95; Am. Ord. 2082, passed 4-12-04; Am. Ord. 2158, passed 7-13-09)