Ordinance # 06-11-167
Ordinance to provide for the imposition and collection of a daily storage fee
for impounded vehicles.
WHEREAS, The Horn Lake Police Department seizes and stores vehicles pursuant to
sections 41-29-153, 63-11-30, 63-11-31, 97-3-110, and 97-3-111 of the
Mississippi Code of 1972, annotated; and
WHEREAS, The Horn Lake Police Department may from time to time be required to
seize and store vehicles pursuant to a criminal investigation, other state laws
or municipal ordinances; and
WHEREAS, The City of Horn Lake is required to maintain garage keepers insurance,
provide space for storage, and exercise care and custody related to the seizure
and storage of vehicles by the police department. The City of Horn Lake is
required to expend funds related to these matters. It is incumbent on the City
of Horn Lake to recover the costs associated with the seizure and storage of
said vehicles so that the taxpayers of The City of Horn Lake do not have to bear
the burden of these costs.
NOW THEREFORE, be it ordained by the Mayor and Board of Aldermen of the City of
Horn Lake as follows:
Any vehicle impounded by the Horn Lake
Police Department and stored on the City of Horn Lake premises shall be
subject to a daily storage fee.
Any regular passenger car, pickup, van or
sport utility vehicle that does not require any type of special storage
shall be assessed a daily storage rate of twenty dollars ($20.00) per
Any vehicle that requires more storage
space than a regular sized passenger vehicle, any vehicle that requires
indoor storage or any vehicle that requires other special conditions for
storage shall be assessed a storage rate of thirty dollars ($30.00) per
Any wrecker service that tows a vehicle
impounded by the department to the City of Horn Lake premises shall be
compensated by the Horn Lake Police Department once a bill for the
towing service is submitted to the Chief of Police.
Payment of fees
Before any impounded vehicle, stored by
the City of Horn Lake, is released, all storage and tow fees must be
paid to the City of Horn Lake.
All fees collected under the provisions
of this ordinance shall be deposited in the general fund.
The Chief of Police is authorized to
waive any and all fees on any stored vehicle if it is found the vehicle
was seized in error.
No storage fee shall be assessed on a
vehicle held as evidence in a criminal case where the operator of the
vehicle is only a victim in the case.
Construction and Severability
Severability is intended throughout and within
the provisions of this Ordinance. If any provision, including any exemptions,
part, phrase, term or the application thereof to any person or circumstance is
held invalid by a court of appropriate jurisdiction, the application to other
persons or circumstances shall not be affected thereby, and the validity of the
ordinance in any and all other respects shall not be affected thereby.