Ordinance # 06-11-167

  Effective: 9/23/05

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:

 

  1. Impound
    1. 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.

 

  1. Storage Fees

 

    1. 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 day.

 

    1. 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 day.

 

  1. Wrecker services

 

    1. 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.

 

  1. Payment of fees

 

    1. 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.

 

    1. All fees collected under the provisions of this ordinance shall be deposited in the general fund.

 

    1. 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.

 

    1. 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.

 

  1. 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.