Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page
Coquille Indian Tribe
Towing
Ordinance
Subchapter/
Section
Page
677.010 General
Page
2
1.
Purpose
2.
Background
3.
Definitions
677.020 Jurisdiction
Page 3
677.100 Procedure
Page
3
677.010
General
1.
Purpose
The Coquille Indian Tribe recognizes that a member of
the Coquille Indian Tribe Police Department when in the performances of their
duty, may come in contact with a vehicle that requires towing.
This ordinance shall provide information and assistance as to when to tow
a vehicle and how to process the vehicle.
This ordinance shall establish procedures for the
towing, and for the release of vehicles that have been towed.
2.
Background and Intent (reserved)
3.
Definitions
The following terms, wherever used or referred to in
this ordinance, shall have the following respective meanings, unless a different
meaning clearly appears from the context.
(a)
Abandoned Vehicle. Any vehicle that has been parked or left standing upon
any street, highway, road, or parking lot open to the public, for a period in
excess of twenty-four [24] hours.
(b) Tribal Tow. A tow of any Tribal owned or operated vehicle.
(c)
Discarded Vehicle. Any
vehicle that is in one or more of
the
following conditions; inoperative, wrecked, dismantled,
abandoned, or junked.
(d)
Vehicle Tow Company List. A list
of authorized tow operators
maintained at the Police Dispatch Center.
(e)
Private Property Tow Owner/Agent. A
person who is the owner,
or the agent of the owner, or is in lawful possession, of any
private property.
(f)
Tow Vehicle. Any vehicle licensed by any Tribe, the state of Oregon,
or any other state or nation, and authorized to tow
vehicles.
(g)
Vehicle. Any motor vehicle
that is self propelled or designed
for self-propulsion.
(h)
Peace Officer. Any member of the
Coquille Indian Tribe Police
Department, or any person authorized by law to act or perform the
duties of a peace officer.
(i)
Roadway. Any portion of a highway
road, or street that is
improved, designed or ordinarily used for vehicle movement or travel.
(j)
Revoked/Suspended. When the
temporary or permanent driving
privileges, vehicle registration, or vehicle title to a motor vehicle,
is terminated by any Tribe, state or nation.
(k)
Traffic Crash. Any collision
between vehicle(s), a fixed or
other object, person, or a vehicle leaving the roadway and coming
to rest on a sidewalk, ditch, private, Tribal, or any
public property, or other location, resulting in what is
commonly known or described as a traffic crash or accident.
(l)
Emergency. Any officer may tow a
vehicle in an emergency
situation, or to prevent injury, or to prevent a vehicle from creating
a hazard, or to prevent a traffic crash.
(m)
Non-Preference Tow. A tow when no
choice or preference is
stated by a vehicle owner, operator, or other person
responsible for a vehicle.
(n)
Tribal Police Tow. A tow of a
vehicle that is initiated by a
Tribal Police Officer. Also, when an officer is requested to take
a vehicle into the custody of the Tribal police, or any
other police agency for the purposes of investigation.
677.020
Jurisdiction (reserved)
677.100
Procedure
1.
Generally, when an officer requests the police dispatcher to summon a tow
company for a vehicle the dispatcher will select a company from the vehicle tow
list. The exception is when a
Tribal member, or citizen, requests a specific tow company for a citizen assist
tow request.
2.
Discarded vehicles shall
be tagged with the appropriate ‘Notice of Intent to Tow’ form, prior a
request for a tow.
3.
When possible calls for discarded vehicles will be made during normal
business hours.
4.
Officers will cause a
vehicle to be towed, only after the officers’ investigation has established a
need, as well as the authority for such a tow.
5.
A citation will be
attached to any vehicle if the vehicle is in violation of any Tribal ordinance,
any regulation, or any other state or federal laws.
6.
When a vehicle is not to
be held for evidence purposes the officer will make every reasonable attempt to
accommodate an owner’s request for a disposition of the vehicle before towing
it.
7.
Officers will provide the
dispatcher with the following information.
(a) Location
of the vehicle
(b) Provide
the make, model, and year of the vehicle to be towed.
(c) Provide
the license number of the vehicle.
(d)
Provide any additional information, when known, that may require special
handling and may be of assistance to the towing company. [An example would be
the vehicle has no wheels.]
8.
When ever practical, an officer requesting a tow will remain at the scene
of a tow request pending the arrival of the tow vehicle.
9.
A police report does not have to be written for a non-preference tow,
unless the officer decides a report is necessary.
A report will be written for all other tows.
10.
A vehicle towed for
evidence, investigation, or for any Criminal, or legal purpose, or for the
violation of any ordinance, statue, or law will require that an inventory
be made of the vehicle and its contents.
11.
All vehicles towed by a
member of the department will be checked for outstanding warrants, or for stolen
status.
12.
Vehicles towed to a tow lot will be released according to the policy of
the tow company. [Exception, see 14 below.]
13.
Officers will not provide information on the cost of tows.
14.
Officers will place a ‘police hold’ or other release condition on
vehicles towed for criminal or for investigative purposes.
15.
Officers towing vehicles for investigation of a crime will have the
vehicle towed to the appropriate location such as the crime lab, or other secure
location. Evidence seals will be
placed on the vehicle and the vehicle will be secured if possible.
Keys will be placed into evidence. The
cost of evidence tows will be the responsibility of the police department.
16.
Officer having a vehicle
towed for any other department purpose may request that the vehicle be towed to
the Tribal shops building at the top of Miluk and assist in placing the vehicle
inside in a secure location. Cost
for this type of tow will be the responsibility of the police department.
17.
When vehicles are towed at
department expense officers will obtain a copy of the tow bill.
One copy will be attached to the police report and one copy will be
placed in the in-basket for processing and payment.
18.
If a tow company that has
not been dispatched arrives at the scene, the officer(s) will request that they
not solicit tow business.
19.
Vehicle inventories are
made to identify personal property, for the safety and protection of such
property, to prevent false claims for lost or stolen property, to located toxic,
flammable, explosive, or any other dangerous material, or substances.
20.
Generally inventories are
made of all personal property in plain view, in open containers, closed
containers, open items found in any unlocked compartments including but not
limited to the vehicle trunk, glove box and car top carriers.
21.
If the person in possession of the vehicle consents to entry to a locked
or secured area, or provides the keys to a locked area, or leaves the keys in
the vehicle to locked areas, these areas may also be inventoried for safety and
security reasons.
22.
After completion of the
police report the officer will also complete a letter of notice of tow and
impoundment, indicating the reason for the tow, and provide information or
release of the towed vehicle, and also information on how to request a wrongful
hearing.
Dated
this [00] TH day of [month], 2001.
|
|
|
|
|
|