490.60. - Impounding authorized.
(a) Bicycles may be impounded by any traffic officer or duly authorized city employee because:
(1) The bicycle was found unattended on public property with a mutilated frame number.
(2) The bicycle was found improperly attached in violation of section 490.150 of this chapter.
(3) The bicycle was found unattended and blocking traffic or public infrastructure, or otherwise compromising public safety.
(4) The bicycle is part of an unpermitted bicycle sharing operation and is found in violation of one or more provisions of Article IV of this chapter.
(5) The bicycle is found in violation of one or more of the terms of a contract or license issued under Article IV of this chapter.
(b) Prior to impoundment, and where no emergency conditions exist or where traffic is not unduly impeded, a warning shall be issued and placed upon any bicycle found in violation of subsections (a)(1) and (a)(2) herein. The warning shall state that should the bicycle not be removed within twenty-four (24) hours, then impoundment shall occur. All other bicycles found in violation of this section 490.60 are subject to impoundment without warning.
(c) "Impoundment" or "impound" as used in this chapter means removal of a bicycle to a temporary storage location or designated impound facility by the city, or by a city-licensed impoundment contractor, in response to authorization from a police officer, traffic control agent, or other city employee who is designated by the director of public works to act under this section. The impoundment provisions of this section shall not apply to bicycles that are impounded or confiscated by a police officer as a result of, or in connection with, criminal activity not covered by this chapter.
(d) Not more than seventy-two (72) hours after impoundment of any bicycle, the city shall attempt notice to the owner of the bicycle, as disclosed by readily identifiable owner contact information attached to the bicycle. The notice shall be attempted by telephone, electronic mail, or U.S. mail. The notice shall outline the impoundment and redemption process. If a bicycle is redeemed prior to the submission of notice, or if the city is unable to readily identify the owner, then notice need not be sent. Saturdays, Sundays and city holidays are to be excluded from the calculation of the seventy-two (72) hour period.
(e) All bicycles impounded under this section shall be subject to an impounded fee that is sufficient to offset the city's costs of enforcement and storage for each such bicycle. (77-Or-037, § 10, 2-11-77; 91-Or-065, § 3, 4-12-91; 2002-Or-052, § 3, 6-21-02; Ord. No. 2018-015, § 1, 4-27-18)