Adelanto Municipal Code Ch. 10.38 Impounded/Stored Vehicles/Traffic Offender Fund

The owner of any vehicle towed under the direction of the Adelanto Police Department or City of Adelanto Code Enforcement Officers pursuant to Vehicle Code Section 22651(h), 22651(k), 22651(o), 22651(p), 22655.5 or 14602.6, shall be required to pay an administrative fee for the release of said vehicle(s).

A. When a vehicle is parked or left standing upon a highway for seventy-two (72) or more hours in violation of a local ordinance authorizing removal and after adequate warning has been posted on the vehicle.

B. When a vehicle is found upon a highway, any public lands or an off-street parking facility with a registration expiration date in excess of six (6) months before the date it is found.

C. When an officer issues the driver of a vehicle a notice to appear for being unlicensed or driving on a suspended or revoked license.

D. When an officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is, by this Code or other law, permitted to take, and does take the person into custody.

E. When a vehicle is taken as evidence in/of a crime and the vehicle was used by the alleged perpetrator of the crime with the express or implied permission of the owner of the vehicle.

A. This fee may be waived by authorization of the Police Department upon receipt of verifiable proof that the vehicle in question was reported stolen at the time the vehicle was removed or was involved in a collision.

B. Pursuant to Vehicle Code Section 22852, the registered and legal owner(s) of a towed vehicle in the circumstances stated in Section 10.38.020 are to be provided an opportunity for a hearing before the Chief of Police or his appointed representative to determine the validity of the vehicle storage resulting from the tow. If the hearing determines the storage to be unlawful, the storing agency will be responsible for the towing and storage charges.

The administrative fee for vehicle processing/release, other than vehicles that were taken as a result of Vehicle Code Sections 23152(a) and 23152(b), is fixed at one hundred twelve dollars ($112.00). The administrative fee for vehicle processing/release for vehicles taken as a result of the above listed Vehicle Code Sections is fixed at one hundred sixty-eight dollars ($168.00). These fees are subject to adjustment by action of the City Council.

A fund has been created for the purpose of traffic safety within the City of Adelanto. This fund will be known as the “Traffic Offender Fund.” This fund is created for the purposes of receiving and expending fees collected pursuant to Section 10.38.040.

The appropriation of all monies in the Traffic Offender Fund shall be made for the purposes of traffic safety programs within the City of Adelanto. The traffic safety program shall include the enforcement of, education of and prosecution of a suspended or revoked driving privilege, unlicensed driver and persons driving under the influence of alcohol and/or drugs. Expenditures shall include, but are not limited to the following:

A. Purchase of equipment.

B. Contractual services.

C. Material and supplies.

D. Any other expenditure related to traffic safety and the enforcement of traffic laws.

The administration of the fund shall conform to this Code and all accounting principals practiced by the City. The balance remaining in the Traffic Offender Fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose and shall be carried forward and accumulated in said fund for the purposes set forth herein.