Lemoore Municipal Code Ch. 7 Traffic Offender Fund

This chapter shall be known as the CITY OF LEMOORE TRAFFIC OFFENDER FUND. (Ord. 9906, 1-20-1999)

The city council finds and determines as follows:

A. Established: There is hereby established a special fund for the purposes of receiving and expending administrative fees collected pursuant to section 6-7-2 of this chapter. This special fund shall be known and designated as the traffic offender fund.

B. Expenditure Of Monies: The expenditure of all monies in the traffic offender fund shall be made exclusively for the purposes of traffic safety and traffic offender programs within the city of Lemoore.

The traffic offender program shall include the enforcement of, education for, 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 not limited to, purchase of equipment, contractual services, material and supplies, or any other expenditure related to traffic safety and the enforcement of traffic laws with the city of Lemoore. The administration of the fund shall conform to this code and all accounting principles practiced by the city.

C. Accumulation Of Monies In The Fund: 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. (Ord. 9906, 7-20-1999)

A. Administrative Fee; Police Department: A fee to reimburse the city of Lemoore for costs incurred in the administration of procedures for removing vehicles shall be charged by the Lemoore police department to the owner of a vehicle removed pursuant to section 14602.6, 12500(a), 22651(h), 22651(o), or 22651(p) of the California Vehicle Code. Said charges shall be in accordance with and by the authority of section 22850.5 of the California Vehicle Code and section 53158 of the Government Code.

B. Fee Approval: The police chief shall propose the fee authorized by this section. The fees shall not go into effect until approved by resolution by the Lemoore city council. The fee shall not exceed an amount that covers the actual administrative costs incurred by the city relating to the removal, impoundment, storage, and release of the vehicle, as determined and fixed by the city council from time to time.

C. Authorization: The police chief is hereby authorized to adopt such rules, regulations, and procedures as are necessary for the release of properly impounded vehicles and for the Lemoore police department to impose, collect, and administer the fee authorized by this section, subject to the requirements of sections 22850.3 through 22851.10 of the Vehicle Code. (Ord. 9906, 7-20-1999)

The fee may be reimbursed to the owner or person in lawful possession of the vehicle if the fee was incurred:

A. Because the vehicle was towed and stored at the order of the Lemoore police department to examine the vehicle for evidence of a crime;

B. Because the vehicle was towed and stored by the order of the Lemoore police department and said towing or storage was not authorized by any of the several provisions of the California Vehicle Code;

C. Because officers, agents or employees of the Lemoore police department erred in the reporting, filing, or recording of the circumstances of the towing and storage of the vehicle;

D. Because officers, agents, or employees of the Lemoore police department erred in reporting a vehicle as subject to towing or storage or ordering a vehicle towed and stored when in fact such vehicle was not subject to towing and storage.

(Ord. 9906, 7-20-1999)