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VEHICLE IMPOUND AND TOWING 14.5 TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: VEHICLE IMPOUND AND TOWING GENERAL ORDER: 14.5A EFFECTIVE: November 15, 2010 RESCINDS: PAGES: 8 CONTENTS: This order consists of the following numbered sections: I. AUTHORITY II. IMPOUND PROCEDURES (GENERAL) III. INVENTORY IV. REMOVAL OF ATTENDED VEHICLES V. REMOVAL OF ABANDONED VEHICLES VI. STOLEN VEHICLE IMPOUND VII. TOWING AND IMPOUNDING OF VEHICLES FOLLOWING ARREST VIII. VEHICLES USED IN THE COMMISSION OF A CRIME IX. IMPOUNDED VEHICLE INVENTORY RECEIPT FORM X NCIC/FCIC ENTRY AND CANCELLATION PROCEDURES XI. GLOSSARY PURPOSE: To establish guidelines for the impound, inventory, storage and release of abandoned, stolen, seized, crime scene or arrestee-operated vehicles. SCOPE: All members of the Tequesta Police Department. DISCUSSION: Circumstances arise that require moving civilian vehicles at the direction of Police Department members. Standardized procedures are essential so that legal requirements are met for the protection of the agency and the vehicle owner. PROCEDURE: I. AUTHORITY: A. Vehicle Removal: Officers are authorized to remove vehicles from public property when the person in control of the vehicle fails to do so and: 1. It is necessary to provide for the safety and security of the vehicle. 2. The vehicle is disabled on a street or roadway and is obstructing traffic. 3. Removal is necessary to public safety. G.O. 14.5 4. The vehicle is abandoned, parked, or stored on the public traffic way for a period exceeding 48 hours, in other than designated parking areas, and within 30 feet of the roadway or pavement edge determined not to be private property. 5. The vehicle is abandoned, parked, or stored on the public traffic way for a period exceeding 10 days in other than designated parking areas, and more than 30 feet from the roadway and pavement edge determined not to be private property. 6. A vehicle parked on a public traffic way, public highway, public parking lot or property, or on private property where the public has a right to travel. 7. The vehicle has been stolen or used in the commission of a crime. 8. The vehicle is found being operated upon public roads of the Village in such condition as to create an immediate threat to the safety of other motorists or pedestrians. 9. The vehicle was used in the commission of a felony and confiscated in accordance with the Florida Contraband Forfeiture Act. 10. The driver of a vehicle is taken into custody and reasonable efforts to provide alternatives to impound are unsuccessful. II. IMPOUND PROCEDURES (GENERAL): If reasonable efforts to contact the owner have been unsuccessful or the owner or person in control of the vehicle has failed to effect immediate removal, the following apply: A. A rotation wrecker will be contacted to tow the vehicle. B. The impounding officer will complete an Offense/Incident Report and an Impounded Vehicle Inventory Receipt containing the following information: 1. The time; 2. The date; 3. The location; 4. The impounding officer’s name; 5. The reason for the removal or tow; 6. The towing facility name; 7. Location the vehicle is stored; 8. Attempts to contact the owner; and, 9. The inventory of the contents. C. One copy of the inventory receipt will be given to the tow truck operator after the operator signs it. D. The officer impounding the vehicle will inform communications of the name, location, and telephone number of the towing facility to which the vehicle has been removed for entry onto the vehicle impound log. 2 G.O. 14.5 E. Officers may place a hold on a vehicle for proof of ownership or a criminal investigation: ex. Crime Scene Processing, Hit and Run investigation, Fatality Crash, etc. 1. Whenever an officer places a hold on a vehicle, it shall be the officer’s responsibility (if applicable) to notify the vehicle owner and tow company of the steps necessary to expedite the vehicle’s release a. The officer will note the parameter for hold/release on the Inventory and Vehicle Storage Receipt. 2. All holds and reasons for holds must be included in the incident report or supplement and tow report, if applicable. If the vehicle is being held for processing and/or as evidence a Property Receipt will also be completed and forwarded to the Property/Evidence Custodian. 3. If the officer is unable to make contact with the vehicle owner in person or by telephone, the officer will follow-up by mailing a registered, return receipt requested notice to the registered owner outlining the steps to obtain release of the vehicle. . 4 Releasing a Held Vehicle: a. Anytime an officer intends to release a vehicle that is being held by the tow company, they will complete the bottom of the Inventory and Vehicle Storage Receipt and notify the tow company that the parameter for the hold has been satisfied. b. If the vehicle is being held for crime scene processing, as part of an investigation, or as evidence and the processing and investigation are complete, or the vehicle is no longer needed as evidence, the Property/Evidence Custodian will complete the Property/Evidence Receipt indicating the date, time reason for release, and to whom the vehicle was released. III. INVENTORY: It is essential that a complete inventory be conducted of every vehicle towed, impounded or stored, except as provided in Section VIII (Vehicles Used in the Commission of a Crime). A. Vehicles towed because of an accident, abandonment, or seized incident to an arrest become the responsibility of the impounding officer. The officer is liable for the vehicle, its parts, and contents. B. The contents of the vehicle include, but are not limited to: 1. All packages and containers located within the passenger compartment; 2. The trunk, glove compartment area; and, 3. Any other secured and unsecured area of the vehicle. C.for property located within any package or container, the contents of To ensure that liability does not attach the package or container, whether it is open or closed, will be accounted for and inventoried. If any container, trunk or compartment is locked, and the key is not available, the officer will contact a supervisor before taking any further action. IV. REMOVAL OF ATTENDED VEHICLES: Attended inoperable vehicles that are obstructing a highway or roadway, or are otherwise creating a traffic hazard, will be removed by the owner or person responsible for the vehicle. The vehicle may be removed by wrecker if the driver/owner is unable or unwilling to remove the hazard or obstruction within a reasonable time. A. The vehicle owner or person responsible for the vehicle may remove the vehicle from the roadway and temporarily park the vehicle upon a public traffic way when the land adjacent to the roadway is public property. The 3 G.O. 14.5 vehicle owner will retain full responsibility for the parked vehicle, its contents and security, and removal within a reasonable time. B. The vehicle owner may request that a particular service or tow truck be called. The Police Department will comply with the request when the response can be made within a reasonable time. If a specific wrecker service is not designated by the vehicle owner /operator, communications will contact a rotation wrecker. C. The vehicle owner or operator will be informed that service or tow trucks generally require an immediate payment for their services, unless: 1. Service is authorized by an automobile club with which the service or tow truck is affiliated; or, 2. The vehicle is to be towed to the premises of the towing or service company where it can be held under a mechanic's lien until payment is made. V. REMOVAL OF ABANDONED VEHICLES: A. Private Property: Vehicles abandoned on private property, including shopping centers, will not be impounded by the Police Department unless by a court order, or it is determined that the vehicle is stolen or has been used in the commission of a crime. 1. If the vehicle has been stolen or used in the commission of a crime, a registration check will be made to determine the identity of the vehicle owner. 2. The removal of the vehicle, except stolen vehicles or those used in the commission of a crime, will be the responsibility of the property owner. The Police Department will assist property owners by providing the name and address of the vehicle owner, if the information is available. 3. Property owners will be advised to seek legal advice on the proper posting of their property to allow the towing of abandoned or disabled vehicles. B. Public Property: In addition to requirements set forth in Florida Statutes 316.194, 316.195 and 704.103(2), abandoned, parked, or stored vehicles on public property or public traffic way will be handled as follows: 1. The registration will be checked to determine the identity of the vehicle owner and/or if the vehicle has been stolen or used in the commission of a crime. 2. A reasonable effort will be made to identify and contact the owner of the vehicle. 3. The owner of a vehicle that was not used in the commission of a crime will be advised that the vehicle will be towed if not removed within time limits provided here and by statute. If the vehicle was used in the commission of a crime, the officer will follow the provisions of section VIII. 4. An abandoned vehicle red tag will be affixed to the vehicle indicating that the vehicle must be removed in 24 hours, 48 hours, or 10 days, as determined by the location of the vehicle if the owner cannot be located. 5. The odometer reading will be recorded in the officer's field notes to reveal any vehicle movement. 6. If within 30 feet of a roadway or highway, and not on private property, the vehicle will be checked at the expiration of a 48-hour period. 7. If more than 30 feet of a highway or roadway, and not on private property, the vehicle will be checked at the expiration of a ten-day period and towed, if not already moved. 4 G.O. 14.5 8. If the vehicle is marked "For Sale,” it will be checked at the expiration of 24 hours and towed if not removed. 9. If there are indications that the vehicle is being stripped or vandalized and the owner cannot be contacted, the vehicle will be immediately impounded for safekeeping and towed by a rotation wrecker. 10. Anytime an abandoned vehicle is impounded, the initiating officer will follow the procedures in paragraphs V. A. 1, 2 and 3 above. The officer will direct communications to enter the vehicle as impounded by this agency into the FCIC computer and Vehicle Impound Log. The officer will record the time and dispatcher number in the Vehicle Impound Report. VI. STOLEN VEHICLE IMPOUND: A. A vehicle determined to be stolen should be processed at the recovery site and released to the owner unless it was (Refer to section VIII if the vehicle was used in the commission of a crime.) used in the commission of a crime. B. The vehicle will be towed to an impound lot by an on call rotation wrecker when the owner cannot be contacted or when the vehicle cannot be processed on-site. 1. If the vehicle has been reported stolen to the Tequesta Police Department and a stolen vehicle report is on file, a supplemental report will be completed. 2. If the vehicle has been reported stolen to another law enforcement agency, an original report will be prepared with information related to the vehicle recovery. The originating agency's case number, if available, should be noted in the narrative of the report. 3. When this agency recovers a vehicle reported stolen in another jurisdiction, the impounding officer will, as soon as possible, notify by teletype the agency reporting the vehicle stolen and document the notification in the report. VII. TOWING AND IMPOUNDING OF VEHICLES FOLLOWING ARREST: A. When the operator of a vehicle is arrested and the vehicle is to be impounded for safekeeping the following will apply: 1. Information related to the impounded vehicle will be recorded on the Offense/Incident Report for the arrest and an Impounded Vehicle Inventory Receipt will be prepared. 2. A rotation wrecker will be called via communications. B. When the operator of a vehicle is arrested and the vehicle is to be released, or remain at the scene, the following apply: 1. A Vehicle Waiver Form will be signed by the owner or person responsible for the vehicle. 2. The arresting officer will be satisfied that the person arrested can make an informed decision as to whom the vehicle will be released. 3. The officer will determine if the designee to whom the vehicle is to be released is a properly licensed driver. 4. Company owned vehicles will only be released to an authorized designee of the company. 5. The arresting officer will record the identity including title and position, if applicable, of the person to whom the vehicle is released. The waiver form will indicate the Offense Incident Report number. 5 G.O. 14.5 6. The vehicle will be searched incident to arrest to discover any contraband or fruits of a crime. VIII. VEHICLES USED IN THE COMMISSION OF A CRIME: A. The vehicle may be searched without a warrant if there is probable cause to believe a vehicle contains contraband or fruits of a crime. B. A vehicle used in the commission of a crime and is of evidence value or is subject to forfeiture will be removed to the Police impound lot. C. The officer or detective effecting the impound of a vehicle for evidence or forfeiture will request a rotation wrecker to remove the vehicle to the agency's impound lot. Communications will be given the year, make, color, model, license tag, and VIN numbers of the vehicle, or the hull and registration numbers for a vessel. D. The officer or detective effecting the impound of the vehicle will complete an Impounded Vehicle Inventory Receipt. 1. If the vehicle is part of a crime scene, it will be secured and not inventoried until it can be processed 2. If the vehicle is subject to forfeiture proceedings, and is not part of a crime scene, it should be searched and inventoried. 3. The property receipt should indicate reason for the seizure (evidence and/or forfeiture) and the storage site location. The property receipt will be made part of the case file. E. Communications will list all vehicles towed in the Impound Log by year, make, color, model, license tag and VIN numbers, or vessel registration and hull numbers, case number, date impounded, location, and whether seized for forfeiture or impounded as evidence. 1. All inquiries on a vehicle seized, as evidence will be referred to the Detective Division. 2. All inquiries on a vehicle seized for forfeiture will be referred to the Detective Division. F. Agency procedures for reporting and processing evidence will apply to vehicles impounded for evidence. G. The impounding officer will make reasonable attempts to contact the registered owner of the vehicle before the end of shift and document such attempts in the incident report or supplement. 1. It will become the responsibility of the detective to contact the registered owner and arrange for final disposition of the vehicle. 2. The releasing officer will obtain identifying documents from the vehicle owner, such as a driver's license, vehicle registration, or title to safeguard against improper release of the vehicle. The owner, or other person designated to take custody of the vehicle, will be required to sign a Property Receipt, which will be witnessed by the releasing officer. A photocopy of the owner's identifying documents should accompany the original release. The releasing officer is responsible for verifications that there are no "holds" on the vehicle. I. Vehicles and small boats impounded as evidence to be held in the agency's custody will be towed or transported to the agency’s impound lot. 1. Vehicles and boats will be properly secured. Keys will be turned over to the Detective Division. 2. Personal items of value, such as cash and jewelry, and firearms and contraband will be removed and placed in evidence for safekeeping. 6 G.O. 14.5 IX. IMPOUNDED VEHICLE INVENTORY RECEIPT FORM: The impounding officer will: A. Complete an Impounded Vehicle Inventory Receipt form in addition to any required Offense Incident Report. B. Indicate if unable to contact the owner of an impounded vehicle after a reasonable attempt has been made, "OWNER NOT CONTACTED" will be noted with an explanation in the remarks section. C. Submit the forms at the end of his or her tour of duty and send the appropriate copy to the Detective Division without delay. D. The Detective Division will notify or attempt to notify owners of vehicles, except forfeitures, impounded by the agency within three working days after receiving the Impounded Vehicle Inventory Receipt Form. If phone contact is not successful, notification will be via certified mail. E. The name of the person contacted, and the date and time of the notification will be entered in the remarks section of the Impounded Vehicle Inventory Receipt if the impounding officer has made contact. F. The Impounded Vehicle Inventory Receipt will not be completed when vehicles are repaired or towed at the owner's request. G. An Impounded Vehicle Inventory Receipt and a Notice of Seizure Form will be completed when vehicles are seized for forfeiture under provisions of the Florida Contraband Forfeiture Act. X. NCIC/FCIC ENTRY AND CANCELLATION PROCEDURES: When a stolen, recovered, abandoned, impounded, or seized vehicle is to be entered or cancelled in NCIC/FCIC the following will apply: A. (Entry) - The investigating officer will complete a “Hot File Entry” form. The form will be reviewed and approved by the on- duty supervisor and then forwarded to Communications for entry. B. (Cancellation) – To remove an entry the responsible officer must complete a Supplement report detailing the facts justifying the removal. The request must be approved by the on-duty supervisor who will then forward the request to Communications for action. XI. REMOVAL OF VEHICLES IN VIOLATION OF VILLAGE ORDINANCE (UNLAWFULLY PARKING A MOTOR VEHICLE FOR SALE, HIRE OR RENTAL): A. Whenever an officer removes a vehicle in violation of Village Ordinance, it shall be the officer’s responsibility to notify the vehicle owner and tow company of the steps necessary to release the vehicle. B. If the officer is unable to make contact with the vehicle owner in person or by telephone, the officer will follow- up by mailing a registered, “return receipt requested” notice to the registered owner outlining the steps to obtain release of the vehicle. C. Once the fine relating to the violation has been satisfied, the vehicle may be released by the Department. The releasing officer will complete the original Inventory and Vehicle Storage Receipt indicating that the fine has been satisfied and a copy will be given to the owner for presentation to the towing company indicating that the “hold” has been lifted. Any and all storage and tow fees will be the responsibility of the vehicle owner. The officer will also notify the tow company that the parameter for the hold has been satisfied. XII. GLOSSARY: PROPERTY - Contents of a vehicle including, but not limited to, all packages and containers located within the 7 G.O. 14.5 passenger compartment, trunk, glove compartment or any other secured area. ROTATION WRECKER - A licensed commercial vehicle operated by a business or firm approved by the agency to tow or transport vehicles to an impound lot or storage facility as directed by officials of the Police Department. TOWING - The hookup to and towing of a vehicle from one location to another. VEHICLE - Any motor driven means of land transportation, such as passenger cars, vans, truck, motor homes, motorcycles, all-terrain vehicles, tractors, and tractor-trailers. For this procedure, a vessel will be construed to be a vehicle. VESSEL - Any means of water transportation including personal watercraft, either motor driven, or sail propelled. INDEXING: ABANDONED VEHICLES IMPOUNDED VEHICLE OR EQUIPMENT INVENTORY OF IMPOUNDED VEHICLES TOWED VEHICLES TRAFFIC HAZARDS/OBSTRUCTIONS VEHICLE IMPOUND AND TOWING DRAFTED: JAG/November 2010 /Filed: vehtow14.5 APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 8