IMPOUNDMENT OF VEHICLES

Salt Lake City Code tit. 12, ch. 12.96

in effect

Salt Lake City Code § 12.96.010 NUISANCE VEHICLES DESIGNATED; ABATEMENT

12.96.010: NUISANCE VEHICLES DESIGNATED; ABATEMENT: A. Nuisance Vehicle Criteria: Pursuant to section 10-8-60, Utah Code Annotated, 1953, or its successor, the city council finds that the disregard for the authorized use of streets within the city poses a danger to the safe movement of traffic within the city, and declares the same to be a nuisance. Vehicles which meet the following criteria are hereby declared to be nuisances: 1. Any vehicle found upon the streets, alleys or public property of the city with faulty or defective equipment or which does not have, in good working condition, all safety items required by state law; 2. Any vehicle left unattended upon any street, alley, bridge, viaduct, or at any location where such vehicle constitutes an obstruction or hazard to the safe movement of traffic; 3. Any vehicle upon a street or other publicly owned property, so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal; 4. Any vehicle, the driver of which has been taken into custody by the police department, under such circumstances as would leave such vehicle unattended on a street, alley, restricted parking areas or other publicly owned property; 5. Any vehicle found parked in such a manner to constitute a fire hazard or an obstruction to firefighting apparatus, including marked hydrants; 6. Any vehicle stopped, standing or parked in violation of any provisions of the traffic code set out in this title, or of the laws of the state of Utah; 7. Any vehicle parked upon a public street for more than forty eight (48) hours without being moved during that period of time. B. Unauthorized Use Of Streets; Two Or More Notices (Parking Tickets); Nuisance: Any person receiving two (2) or more notices of unauthorized use of streets (parking tickets) within the city, pursuant to chapter 12.56 of this title, which notices are forty (40) days old or older and have not been dismissed pursuant to subsection 12.56.570E of this title, or its successor subsection, or dismissed or reduced to judgment by a court of competent jurisdiction, shall be guilty of creating a nuisance. C. Violation; Misdemeanor: Violation of this chapter shall be a misdemeanor. D. Nuisance Abatement: Any vehicle declared to be a nuisance by the provisions of this chapter may be summarily abated by removing any such vehicle by or under the direction of, or at the request of a police officer or parking enforcement officer to a place of storage within the city by means of towing or otherwise. E. Remedy Of Impoundment Not Exclusive: The impounding of a vehicle shall not prevent or preclude the institution and the prosecution of criminal proceedings in the district courts or elsewhere against the owner or operator of such impounded vehicle nor shall the impoundment and ultimate sale at auction prevent the collection of outstanding fees, fines, or other penalties due from parking notices involving such vehicle. F. Defined: "Impoundment" means the immobilization of a vehicle by use of an immobilization device or the towing of a vehicle to a place of storage. (Ord. 45-14, 2014)

Salt Lake City Code § 12.96.020 VEHICLES WITH OUTSTANDING PARKING TICKETS

12.96.020: VEHICLES WITH OUTSTANDING PARKING TICKETS: A. Two Or More Notices Of Unauthorized Use Of Streets (Parking Tickets): Any vehicle that has two (2) or more notices of "unauthorized use of streets" within the city, as defined at section 12.56.550 of this title, which notices are forty (40) days old or older and have not been dismissed pursuant to subsection 12.56.570E of this title, or dismissed or reduced to judgment by a court of competent jurisdiction, shall be subject to immediate impoundment by towing or by means of an immobilizing device. B. Immobilized Vehicles; Appeal: For vehicles that have been immobilized under this section, the city shall collect the fees stated in section 12.96.025 of this chapter and all outstanding fees, fines and penalties associated with the parking citations that caused the vehicle to be immobilized. Upon payment in full the city shall release the immobilization device. This service shall be available by telephone. The vehicle owner may appeal the immobilization after obtaining release of the vehicle by submitting to the city within five (5) business days a written request for a hearing under section 12.96.090 of this chapter. C. Delay Of Obtaining Vehicle Immobilization Release: If the vehicle has been immobilized for a period of twenty four (24) hours without arrangements being made for its release, it may be immediately impounded and towed and removed to a place of storage within the city by means of towing or otherwise. In such event, the vehicle owner shall pay towing and on street booting release fees as provided under section 12.96.025 of this chapter. (Ord. 43-13, 2013)

Salt Lake City Code § 12.96.025 TOWING, IMPOUND, STORAGE, AND BOOTING FEES; NO FEE FOR VEHICLES HELD AS EVIDENCE

12.96.025: TOWING, IMPOUND, STORAGE, AND BOOTING FEES; NO FEE FOR VEHICLES HELD AS EVIDENCE: There are imposed for the towing, impound, storage, and booting of vehicles under this chapter fees as shown on the Salt Lake City consolidated fee schedule. A. Damage To Or Failure To Return Immobilization Device: The owner of a vehicle immobilized under this chapter shall be strictly liable for: 1) the cost of repair or replacement of an immobilization device damaged or destroyed by attempts to wrongfully remove or tamper with the device, 2) any damage to the vehicle caused by an attempt to drive while the immobilization device is in place, and 3) the cost of a replacement immobilization device that is wrongfully removed and not returned to the city. B. Removal Of Items From Vehicles: Effective July 1, 2013, any person who enters an impound lot or storage area of the city for the purpose of removing personal property from a vehicle in the impound lot or storage area shall pay to the city a fee for each period of up to thirty (30) minutes that the person is within the impound lot or storage area. The fee shall be in an amount shown on the Salt Lake City consolidated fee schedule. The city shall not charge that fee to a person who is within the impound lot or storage area for the sole purpose of removing from a vehicle personal healthcare items or personal identification issued by a governmental entity. C. No Fee Under Certain Conditions: The impound yard may not charge a fee for the storage of an impounded vehicle, vessel, or outboard motor if: 1. The vehicle, vessel, or outboard motor is being held as evidence; and 2. The vehicle, vessel, or outboard motor is not being released to the registered owner, lienholder, or the owner's agent even if the registered owner, lienholder, or the owner's agent satisfies the requirements to release the vehicle, vessel, or outboard motor. (Ord. 1-16, 2016)

Salt Lake City Code § 12.96.030 IMPOUNDMENT; INFORMATION TO POLICE DEPARTMENT

12.96.030: IMPOUNDMENT; INFORMATION TO POLICE DEPARTMENT: Upon calling for the impoundment of any vehicle under the provisions of this chapter, the impounding officer shall notify the police department of the make, model, vehicle identification number, and license number of the vehicle being impounded and the date, time and location of the vehicle at the time of impoundment. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(1), 46-26-317(1))

Salt Lake City Code § 12.96.040 PRELIMINARY NOTICE TO OWNER

12.96.040: PRELIMINARY NOTICE TO OWNER: Written notice that the vehicle has been impounded shall be sent by certified mail to the owner of record, and any recorded lienholder of the vehicle, as shown by the records of the motor vehicle division of the Utah state tax commission at the last known address as shown on said department's records, within five (5) days, excluding weekends and holidays, of the impoundment of the vehicle. If the registration on the vehicle is from another state, a notice shall be transmitted to the department of motor vehicles in such state, requesting such department to furnish the city with the name and address of the last known registered owner and any lienholder of record. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(2), 46-26-317(2))

Salt Lake City Code § 12.96.050 NOTICE TO OWNER; CONTENTS

12.96.050: NOTICE TO OWNER; CONTENTS: The notice described in section 12.96.040 of this chapter, or its successor, shall inform the owner of the vehicle: A. That the vehicle has been impounded, the location of the vehicle, that impound and storage fees have been assessed and are accruing on a daily basis, and how the vehicle may be claimed; B. Of the owner's right to an administrative hearing to determine whether there was probable cause to impound the vehicle upon filing a written request with the office of the treasurer for such a hearing within ten (10) business days after the owner has learned of the impound of such vehicle, or within ten (10) business days after mailing of the date set in the notice, whichever occurs first; C. That the vehicle shall be sold at public auction, as provided by the ordinances of the city, if the vehicle is not claimed by the owner or the lienholder of record prior to such auction. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(3), 46-26-317(3))

Salt Lake City Code § 12.96.060 VEHICLE SOLD AT AUCTION WHEN; NOTICE OF AUCTION

12.96.060: VEHICLE SOLD AT AUCTION WHEN; NOTICE OF AUCTION: A. If at the expiration of fifteen (15) days after mailing written notice provided for herein such vehicle is not redeemed by the owner or owner's agent, the director of public services or her or his designee shall proceed to sell the same at public auction, provided that notice of the auction is published not less than seven (7) days prior to such auction in a newspaper distributed in Salt Lake County. B. The notice shall state: 1. The time and place of such auction; 2. Describe the vehicle to be sold with reasonable certainty; 3. The name (if any) shown as owner on the records of the vehicle division of the state tax commission. If the name of the owner is unknown, such fact shall be stated. C. In addition, a copy of this notice, as published, shall be delivered to the owner of the place of storage. D. The director of public services or her or his designee may accept or reject all bids for such vehicle but, upon acceptance, the vehicle must be sold to the highest bidder. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(4), 46-26-317(4))

Salt Lake City Code § 12.96.070 DISPOSITION OF SALE PROCEEDS

12.96.070: DISPOSITION OF SALE PROCEEDS: A. The money received from the sale of any such vehicle shall be applied first to all outstanding fees assessed to said vehicle under section 12.96.025 of this chapter or its successor, then to pay the actual costs of advertising the notice of sale and of auctioning the vehicle, and the balance, if any, shall then be paid into the city treasury. B. At any time within one year from and after such sale, the former owner of the vehicle sold, or recorded lienholder, upon application to the mayor and upon presentation of satisfactory proof that he or she was the owner or lienholder of record of the vehicle sold, shall be paid the proceeds of such sale less the necessary expenses incurred as identified above. The check shall be made payable jointly to the owner and any recorded lienholder. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(5), 46-26-317(5))

Salt Lake City Code § 12.96.080 RECORDS OF IMPOUNDMENT

12.96.080: RECORDS OF IMPOUNDMENT: The police department or the department charged with enforcement of parking laws shall keep a record for three (3) years from date of sale of all vehicles impounded, by manufacturer's name or make, body type, identification number and license number. It shall also keep records of the names and addresses of all persons claiming the same, together with such other descriptive matter as may identify such vehicles, the nature and circumstances of the impounding thereof, the violation for which such vehicles were impounded, the date of such impounding, and the name and address of any person to whom any such vehicle was released. (Ord. 89-99 § 3, 1999: Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(6), 46-25-317(6))

Salt Lake City Code § 12.96.090 HEARINGS CONCERNING IMPOUNDMENT AND IMMOBILIZATION

12.96.090: HEARINGS CONCERNING IMPOUNDMENT AND IMMOBILIZATION: A. A hearing requested pursuant to this chapter shall be conducted before a hearing examiner designated by the city within forty eight (48) hours of receipt of a written demand for such hearing, Saturdays, Sundays and city holidays excepted, unless such person waives the right to a speedy hearing. B. The hearing proceedings shall be conducted in an informal manner and shall not be bound by the formal rules of evidence or procedure. The vehicle owner or the owner's agent shall be accorded the essential elements of due process of law, including notice, and an opportunity to be heard and defend the owner's position. C. The hearing examiner shall determine whether the city had probable cause, pursuant to city, state and federal laws, to impound or immobilize the vehicle in question. D. The hearing examiner shall determine whether, in appropriate cases, fees and charges should be reduced in the interest of justice. In the event that the hearing examiner determines that the vehicle should be released without fees or with a reduction in fees, the hearing examiner shall prepare and date a written waiver of such fees. Copies of the waiver shall be furnished to the vehicle owner or owner's agent and the police department. The vehicle shall then be released to the owner or the owner's agent, in accordance with the terms of said waiver, or a voucher shall be authorized to reimburse the owner or owner's agent for fees paid to recover the vehicle from impound or immobilization. If the hearing examiner determines that the impound or immobilization was justified pursuant to city and state law, the owner or agent shall be responsible for the impound and storage or immobilization fees accrued and accruing on the vehicle. E. At the conclusion of the hearing, the hearing examiner shall prepare a written decision and a copy of such decision shall be provided to the person requesting the hearing. The decision of the hearing examiner shall be final. Failure of the registered or legal owner, or the owner's agent, to request or attend such a scheduled postseizure or postimmobilization hearing shall be deemed a waiver of the right to such hearing. (Ord. 43-13, 2013)

Salt Lake City Code § 12.96.100 IMPOUNDMENT; IMPROPERLY REGISTERED, STOLEN OR OTHER VEHICLES

12.96.100: IMPOUNDMENT; IMPROPERLY REGISTERED, STOLEN OR OTHER VEHICLES: The police department or public services department shall immediately impound, in a proper place of storage in the city, all vehicles found within the city that are improperly registered, stolen, or bear defaced vehicle identification numbers. Thereafter, the police department shall, within forty eight (48) hours, notify in writing the motor vehicle division of the Utah state tax commission of such impoundment, including the date found, the address where found, the vehicle make, vehicle identification number, registration number, and the date and place of storage. (Ord. 43-98 § 4, 1998: Ord. 70-82 § 1, 1982: prior code § 46-20-284.e)

Salt Lake City Code § 12.96.110 IMPOUNDMENT; ABANDONED AND INOPERABLE VEHICLES

12.96.110: IMPOUNDMENT; ABANDONED AND INOPERABLE VEHICLES: A vehicle which has been determined to be an abandoned and an inoperable vehicle, as provided by the provisions of section 41-1-79.5, Utah Code Annotated, 1953, or any successor statute, is declared to be a nuisance and may be summarily abated by removing the same under the direction or at the request of a police officer or parking enforcement officer of the city to a scheduled place of disposal within the city by means of towing or otherwise. Any such vehicle may be converted into scrap or otherwise disposed of. (Ord. 43-98 § 4, 1998: Ord. 70-82 § 1, 1982: prior code § 46-20-284.f)

Salt Lake City Code § 12.96.120 RELEASE OF IMPOUNDED VEHICLES

12.96.120: RELEASE OF IMPOUNDED VEHICLES: Before the owner, or the owner's agent or the lienholder of record shall be permitted to remove a vehicle which has been impounded, the owner shall: A. Furnish satisfactory evidence to the police department of his/her identity and his/her ownership or interest in said vehicle; B. 1. Request and obtain from the police department or the hearing officer, a written order of release directed to the place of vehicle storage, or to the parking enforcement office if the vehicle has been immobilized. Said order of release shall be issued to the owner or owner's agent or to the lienholder of record, upon: a. The payment of the towing fee, costs of the immobilizing device, storage fees, and any other costs reasonably incurred from the date of such impounding or immobilization to the time of obtaining the order of release, or b. Obtaining a waiver of fees after successfully petitioning the city to release the vehicle, without requirement of payment of impound, immobilizing or other costs and fees, or a reduction in said fees and costs, as provided in section 12.96.090 of this chapter, or its successor; 2. In the event a vehicle is not retrieved from the place of storage within twenty four (24) hours after a vehicle release has been issued, or within twenty four (24) hours of having been issued a waiver of fees by a hearing examiner, the owner shall be liable for all subsequent storage fees; C. Sign a written receipt of said vehicle and deliver the same to the place of storage upon receiving the impounded vehicle. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.d, 46-26-319)

Source: Salt Lake City, Utah, City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-54183Fetched: 11/1/2026