TOWN OF BAGGS ORDINANCES
These ordinances are not necessarily up to date as ordinances continue to be changed. Please contact the:
Town of Baggs (click to email) for up to date information or changes that may have occurred. New ordinance about derelict vehicles follows the list below.
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ORDINANCE NO. 251 AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY, CHAPTER 10.12 OF THE TOWN OF BAGGS MUNICIPAL CODE AND ADOPTING A CHAPTER IN SECTIONS PERTAINING TO ABANDONED AND DERELICT VEHICLES.
WHEREAS, Wyoming Statute '15-1-103(a)(xix) authorizes Towns to declare and abate nuisances and impose fines upon parties who create, continue or permit nuisances to exist; and,
WHEREAS, Wyoming Statute '15-1-103(a)(xli) authorizes Towns to adopt ordinances necessary for the health, safety and welfare of the Town and to enforce all ordinances by imposing fines not to exceed seven hundred and fifty dollars ($750.00); and,
WHEREAS, Wyoming Statutes '15-1-103(a)(xliv) and '31-13-101, et seq., authorize Towns to take into custody abandoned, or junk motor vehicles and parts or remains thereof which are nuisances and are on public streets, alleys and ways, as well as abandoned and junk motor vehicles on private property; and,
WHEREAS, the Town intends to provide the regulation and control of abandoned and junk motor vehicles; and
WHEREAS, it is in the best interest of the Town to regulate abandoned and junk motor vehicles on both public and private property within the municipal limits of the Town of Baggs, Carbon County, Wyoming;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF BAGGS, CARBON COUNTY, WYOMING, that Ordinance No. 251 be and the same is hereby created and shall repeal and replace in its entirety Chapter 10.12 of the Baggs Municipal Code and shall read as follows after passage and publication:
Abandoned and Derelict Vehicles
Section 1: Authority
The provisions of this chapter are adopted pursuant to Wyoming Statutes
'15-1-103(a)(xix), '15-1-103(a)(xli), '15-1-103(a)(xliv) and '31-13-101, et seq..
Section 2: Definitions
A. Vehicle.
1) @Vehicle@ means every device in, upon, or by which any person or property may be transported or drawn upon a highway, EXCLUDING devices moved by human power, and pedestrian vehicles operated by a person who, by reason of a physical disability is otherwise unable to move about as a pedestrian.
Abandoned Vehicles.
A vehicle is presumed to be abandoned if the vehicle is left unattended on a public street, highway, alley, parking lot, or other public property within the jurisdictional limits of the Town of Baggs for more than twenty-four (24) hours after a Notice of Intent to Impound has been placed on it, pursuant to Section 6 of this chapter.
Notwithstanding any provisions of law to the contrary, any vehicle left unattended on private property for thirty (30) days after the expiration of the consent, oral or written, of the owner or the person in lawful possession or control of the private property, is presumed abandoned five (5) days after a Notice of Intent to Impound has been placed on it pursuant to Section 5 and 6 of this chapter.
Derelict Vehicles. A vehicle or parts thereof as defined by Section 2(A) of this chapter, shall be deemed to be derelict if the vehicle is:
Inoperable to the extent that it is unable to perform its original, intended function and not currently registered; or,
Partially or wholly dismantled; or,
Wrecked to the extent that it prevents legal operation;
or,
Junked or intended to be recycled or scrapped.
Public Property. Public streets, alleys, highways, parking lots, or other public property, or such properties as may be in public ownership or with the right of use and shall include the entire extent of the property to the edges of the rights-of-way or property boundaries.
Unsheltered. Unsheltered means located outside of a secure building in such a manner as to be visible to a person on public property or adjoining private property, or which affords ready access to such vehicles by children.
Section 3: Declared to be a Health and Safety Hazard
The Town Council finds that for purposes of this chapter, any abandoned or derelict vehicle remaining on public or private property and not enclosed in a secure building, not as a result of weather conditions or mechanical failure where repairs within thirty (30) days are intended, is declared to be a health and safety hazard within the community and is subject to removal and disposition as provided in this chapter.
Section 4: Storage Prohibited on Private or Public Property
No person owning or in charge or control of any private property within the municipal limits of the Town of Baggs, shall allow or permit any derelict vehicle to remain unsheltered on such property for more than thirty (30) days and shall be responsible for the removal of any such vehicle, including the associated costs thereof.
It is the responsibility of the owner of any vehicle which is left or abandoned on any public property to remove such, including all associated costs thereof.
This section shall not apply to the following:
1) A vehicle that is enclosed in a secured building or stored behind a view-proof and secure fence of a least six feet (6') in height; or one (1) vehicle per premise, covered by a fitted vehicle cover, which said fitted vehicle cover shall be kept in a state of good repair;
A vehicle on the premises of a business enterprise operated in a lawful place and manner, and necessary to the operation of the business enterprise;
A vehicle in an appropriate storage or depository facility maintained in a lawful place and manner by a governmental agency;
An antique or historic motor vehicle as defined by Wyoming Statute '31-1-101(a)(xv)(A), which is licensed as provided by law.
Persons licensed in accordance with Wyoming Statute '31-13-112
Section 5: Removal of Abandoned or Derelict Vehicles
Any abandoned or derelict vehicle may be removed from public property by the Town upon expiration of the twenty-four (24) hour requirement of the Notice of Intent to Impound specified in Section 6.
B. An abandoned vehicle may be removed from private property upon the written request of the owner of the property or the person in lawful control thereof, together with a signed statement that such vehicle has been placed thereon without his consent.
C. A derelict vehicle kept on private property in violation of the provision of this chapter, may be removed by the Town after the following conditions have been satisfied:
Notice of the violation has been sent to the owner or legal possessor of the property via hand delivery by Police Officer or by registered/certified mail, return receipt requested at the last known address as determined from the utility records of the Town, the tax records of the County, or the vehicle registration records from the State.
Not less than thirty (30) days have passed without the vehicle being removed from an unsheltered area by the property owned or possessor. Removal of the vehicle to another location within the Town, on private property, in violation of the provisions of this chapter, without regard to the time which has elapsed after the notice was sent, is not sufficient to avoid removal or require the process to begin anew.
During said thirty (30) day period the property owner shall have the opportunity to request in writing, a hearing to determine the existence or non-existence of a violation in accordance with this chapter. The request for hearing shall be made to the Clerk of the Municipal Court for the Town of Baggs by the property owner. The property owner shall be given written notice of the date and time of said hearing, which shall be conducted by the municipal court judge. After the presentation of evidence and taking of testimony, the municipal judge shall make a final determination of a violation under this chapter. If a hearing is requested, the property shall not be removed until a determination of violation is made by the municipal judge. The failure of the property owner to petition for said hearing shall not delay or prevent the Town from removing the vehicle after expiration of said thirty (30) day period. .
Section 6: Notice of Intent to Impound
A Notice of Intent to Impound a vehicle shall be securely placed in a prominent place on the vehicle at such time as it is reasonably determined by the Town that the vehicle is abandoned.
In the event the vehicle is reasonably determined to be derelict, a Notice of Intent to Impound shall be posted when the following conditions have been satisfied:
The thirty (30) day notice, as required by Section 5(C), to the owner of the property has expired; or
No action has been taken by the owner of the property, or any other person, to bring the vehicle into compliance with the provisions of this chapter.
Posted Notice of Intent to Impound shall be placed upon the vehicle not less than twenty-four (24) hours prior to the time the vehicle is removed.
The Notice of Intent to Impound shall contain not less than the following information:
The date and time the notice was posted on the vehicle;
The fact that after the expiration of twenty-four (24) hours after the time of posting of the Notice, that the Town intends to remove the vehicle; and
The address and telephone number of the Town agency which can be contacted to prevent the removal of the vehicle.
Section 7: Title to Impounded Vehicles
Title to any impounded vehicle not reclaimed by the registered owner or any lien holder within thirty (30) days of the date of the report required by Section 6, shall vest in the Town. A change in the title may be obtained by the Town pursuant to the authority of this chapter and the procedure established in state statutes to obtain the change in title.
Section 8: Notice of Removal
Upon removal or any vehicle by the Town, a written report of the removal shall be sent to the last known address of the owner, if known. Otherwise such notice shall be sent to the Wyoming Department of Revenue and Taxation. The report shall include a description of the vehicle, the date, time and place of the removal, the grounds for removal, and the place of impoundment of the vehicle.
The proof of providing the report shall be made by the certificate of any Town employee involved in the impoundment of the vehicle, specifying the person to whom the report was directed and the date and the manner in which the report was provided.
Such report shall not be required if the retail value of the vehicle is less than Six Hundred and no/100 Dollars ($600.00) as reasonably determined by the Town=s Chief of Police or his designee.
Section 9: Suspension of Impound Procedure
In the event that the registered owner, any lien holder, or authorized agent of the owner contacts the town department specified on the Notice of Intent to Impound and indicates that the vehicle shall be brought into compliance with the provisions of this chapter and other applicable law, the Town shall suspend the removal of the vehicle for not less than twenty-four (24) hours in order to obtain written assurances, from the owner or agent, that the vehicle will be brought into compliance within a specified period of time. If the vehicle is brought into compliance with the requirements of this chapter, then the impound procedure shall be terminated. If the owner, however, fails to bring the vehicle into compliance within the specified time period, then the Town may complete the removal of the vehicle without beginning the process anew.
Section 10: Redemption
The owner or lien holder, after producing satisfactory proof of ownership or the right to possession to the Town, may redeem a vehicle in impound by paying the charges for towing, storage, notice, other costs of impoundment, and any penalty imposed by this chapter. In addition to the payment of the costs of impoundment as herein specified, the owner shall be required to provide a written assurance to the Town that the vehicle will be made to comply with the provisions of this chapter in the future.
Section 11: Disposition of Impounded Vehicles
Any vehicle which is impounded and has a retail value of $600.00 or more, may, after thirty (30) days have elapsed from the date notice was given as provided in Section 6, be sold by the Town=s Chief of Police, together with any contents contained therein, if any, at public auction to the highest bidder.
Notice of Sale shall be published once in a newspaper of general circulation within the county where the vehicle was impounded, not less than ten (10) days preceding the date of sale, giving a full description of the vehicle together with the engine or serial numbers or marks, if any, and the amount of money claimed to be due thereon, and the time and place of the sale.
All expenses incident to the sale and storage of the vehicle shall be first paid from the receipts of the sale and any residue shall be paid by the Chief of Police to the Town Treasurer for credit to the general fund.
After any vehicle has been sold under this section, the former owner or person entitled to possession has no further right, title, claim, or interest in or to the vehicle itself or contents, if any.
As to any other impounded vehicle not sold as otherwise provided by this section, all such vehicles shall be disposed of by contract or auction to a person licensed to the provisions of Wyoming Statute '31-13-112 or, if the Chief of Police is unable to dispose of the same by contract or auction, the same shall be hauled to the Town=s landfill.
Section 12: Certificate of Sale
When any vehicle is sold the Chief of Police at the time of payment of the purchase price, shall execute a Certificate of Sale in duplicate. The original Certificate of Sale shall be delivered to the purchaser and a copy shall be retained by the Chief. The Certificate of Sale shall contain the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle, and a stipulation that no warranty is made as to the condition or title of the vehicle.
Purchaser, upon presentation of the Certificate of Sale to the County Clerk of any of the counties of Wyoming and the payment of fees required by law, is entitled to be issued a Certificate of Title and registration card for the vehicle.
Section 13: Hearing procedure
A. A request for a hearing upon the allegation of a abandoned and/or derelict vehicle shall be made in writing and delivered to the municipal court clerk within ten (10) days from the date of notice. Such request shall specify the property concerning which the request is made, the requesting party=s name and address, and nature of the interest held by the requesting party in the vehicle.
B. In the event a request for hearing is filed, a hearing shall be held before the municipal judge or such other individual or group as designated by the town council to act as hearing examiner. The purpose of the hearing shall be to confirm or deny the existence of a abandoned and/or derelict vehicle and for taking such further action as is authorized under this chapter. Notice of the time, place and hour of the hearing shall be sent at least ten (10) days in advance of the hearing to the requesting parties and the town attorney.
C. At such hearing, all parties and the town shall be afforded an opportunity to present evidence, to cross-examine and present argument; provided that all persons testifying shall be sworn; irrelevant, immaterial or unduly repetitious evidence shall be excluded; and the decision of the, municipal judge or hearing examiner shall be based upon the type of evidence commonly relied upon by reasonably prudent people in the conduct of their serious affairs.
D. At or after such hearing, and in the event of confirmation that a abandoned and/or derelict vehicle exists, the municipal judge or the hearing examiner, as the case may be, may resolve or order that the chief of police, his employees or agents remove the abandoned and/or derelict vehicle; provided, however, that if the circumstances justify, in the opinion of the municipal judge or person presiding at the hearing, the time for removal may be delayed. In the event a abandoned and/or derelict vehicle is confirmed, administrative and removal costs may also be assessed at the hearing. If it is found that an abandoned and/or derelict vehicle does not exist, abatement authority shall be denied and costs shall not be assessed.
E. Appeals from adverse decisions rendered by the hearing examiner or municipal judge pursuant to subsection C of this section may be made to the district court in the same manner as an appeal from an adverse decision rendered by an agency in a contested case under the provisions of Section 16-3-114 of the Wyoming Statutes, 2007. The municipal judge or hearing examiner, as provided in subsection B of this section, is an agency within the meaning of the Wyoming Administrative Procedures Act and adverse decisions may be appealed in the manner provided therein.
F. In the event a request for hearing or appeal, as provided, is not filed, the right to a hearing shall be considered to have been waived.
Section 14: Non-Liability
If any vehicle is removed from any highway, street, alley, or public or private property as provided for in this chapter, the owner of the vehicle may not institute in any state court, a suit in law or equity against any police officer or his agent, or the Town for the recovery of the value of any item in or on the vehicle that may be lost, stolen or damaged resulting therefrom.
Section 15: Penalty
Every person violating any provisions to this title shall be subject to the penalties imposed by the general penalty provisions provided for by the Town of Baggs municipal code.
PASSED, ADOPTED AND APPROVED this 22nd day of January , 2008.