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|Copyright © 2004: City of St. John's,|
St. John's, Newfoundland, Canada
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Pursuant to the powers vested in it under the City of St. John’s Act, R.S.N. 1990 c.C-17, as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to the towing and impounding of vehicles.
ST. JOHN’S TOWING AND IMPOUNDING OF VEHICLES BY-LAW
1. This By-Law may be cited as the “St. John’s Towing and Impounding of Vehicles By-Law”.
2. In this By-Law:
(1) “officer” means any person designated by the council to administer and enforce this By-Law;
(2) “tow notice” means a notice which states that a vehicle will be towed after the expiration of 24 hours from the time of issuance; and
(3) “vehicle” means a device in, upon or by which a person or thing may be transported or drawn upon a highway, but does not include devices used exclusively upon fixed rails.
3. A vehicle which is stopped or standing on a street in such a manner that it may, in the opinion of the officer:
(1) cause interference with the flow of traffic;
(2) constitute a hinderance to the maintenance, repair or improvement of the street;
(3) hinder or impede the ploughing or removal of snow or ice from the street;
(4) hinder or impede the carrying out of an undertaking of the council; or
(5) cause interference with the access to or egress from private property
may be towed and impounded without notice.
4. (1) A vehicle which, in the determination of the officer, has been abandoned on a street for a period in excess of 24 hours shall be monitored for a period of 5 days and upon the expiration of 5 days if the vehicle has not been removed from the street a tow notice shall be affixed to the vehicle and upon the expiration of 24 hours the vehicle may be towed and impounded.
(2) Notwithstanding subsection (1), a vehicle, which in the determination of the officer, has been abandoned on a street for a period in excess of 24 hours or is in a dilapidated condition and which is parked in contravention of any statute, regulation or by-law or, in the opinion of the officer, poses a safety hazard the vehicle may be towed and impounded without notice.
5. A vehicle which is stopped or standing on a street and which does not have a current and/or valid motor vehicle registration or which has no license plates may be towed and impounded without notice. (Amended 2005/09/12; #1482)
6. (1) Any vehicle towed in accordance with the provisions of this By-Law may be impounded in the council yard, or such other place as may be designated by council, until payment in full of all costs, charges, expenses and fines due and payable to the City are paid.
(2) The costs, charges, expenses and fines referred to in subsection (1) shall include, but not be limited to:
(a) all costs and expenses incurred by the City in towing the vehicle or an amount equivalent to the fee charged by a private towing company where city owned resources are used to carry out the tow;
(b) the daily impound fee as established by council for each day or part of a day the vehicle is impounded; and
(c) any and all unpaid parking fines for which a Notice of Fine and Conviction has been issued.
7. Upon payment of all costs, charges, expenses and fines as specified in section 6, and
(1) upon providing proof of vehicle registration and insurance acceptable to the officer the vehicle may be removed or driven from the impound; or
(2) where proof of vehicle registration and insurance cannot be provided the vehicle shall be removed from the impound only by means of towing.
8. Where a vehicle has been impounded for a period in excess of 30 days the city may sell the vehicle by public auction.
9. (1) Notice of the auction stating the time and place of the auction shall be published at least 7 days before the auction in a daily or weekly newspaper in circulation in the city and it shall be sufficient in the notice to put the year, make, model and license plate number, if available, of the vehicles to be auctioned so that such may be identified.
(2) At the time and place specified in the notice of auction the city shall, unless it has been paid all costs, charges, expenses and fines described in section 6, proceed to sell the vehicles at auction.
10. (1) Where a vehicle fails to sell at the first auction the city shall schedule a second auction for a date not earlier than 7 days and not later than 14 days after the first auction.
(2) Notice of the second auction shall be published in the newspaper in which the first notice was published and shall be in the form specified in section 9(1).
11. Where a vehicle fails to sell at the second auction ownership of it shall vest in the city and the city may dispose of the vehicle in any manner it considers appropriate.
12. Vehicles to be offered at auction shall have their licence plates removed prior to the auction and the license plates shall be returned to the province’s Motor Vehicle Registration Division.
13. The city shall out of the purchase monies received on the sale at auction of a vehicle deduct the amount of costs, including costs of the auction, charges, expenses and fines owing to the city and where there is a balance of the purchase price remaining the city shall pay the balance to the person entitled to it.