Modesto Municipal Code Art. 10 Traffic Offender Fund

A fund is hereby created for the purpose of traffic safety for the City of Modesto.

(Added by Ord. 3010-C.S., § 1, effective 12-26-96)

Such fund shall be known as "Traffic Offender Fund."

(Added by Ord. 3010-C.S., § 1, effective 12-26-96)

(a) There is hereby established a special fund for the purposes of receiving and expending fees collected pursuant to Section 8-1.1004. This special fund shall be known and designated as the Traffic Offender Fund.

(b) Expenditure of Monies. The appropriation of all monies in the Traffic Offender Fund shall be made exclusively for the purposes of traffic safety programs within the City of Modesto.

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 be limited to, purchase of equipment, contractual services, material and supplies, or any other expenditure related to traffic safety and the enforcement of traffic laws within the City of Modesto. 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.

(Added by Ord. 3010-C.S., § 1, effective 12-26-96)

(a) Administrative Fee—Police Department. A fee to reimburse the City of Modesto for costs incurred in the administration of procedures for removing vehicles shall be charged by the Modesto Police Department to the owner of a vehicle removed pursuant to Sections 14602.6, 22651(h), 22651(o), 22651(p), or 22655.5 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.

(b) The Police Chief shall propose the fee authorized by Section 8-1.1004(a). The fees shall not go into effect until approved by resolution by the Modesto 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.

(c) The Police Chief, with the approval of the City Council, is hereby authorized to adopt such rules, regulations, and procedures as are necessary for the release of properly impounded vehicles and for the Modesto Police Department to impose, collect, and administer the fee by this section.

(Added by Ord. 3010-C.S., § 1, effective 12-26-96)

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 Modesto Police Department to examine the vehicle for evidence of a crime;

(b) Because the vehicle was towed and stored by the order of the Modesto 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 Modesto Police Department were negligent 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 Modesto Police Department were negligent 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; or

(e) Because a vehicle was towed or stored by order of the Modesto Police Department for removal of components of the vehicle, which components were placed on the vehicle in violation of Section 10751 of the California Vehicle Code, or when the vehicle was towed as a recovered stolen vehicle, 10851 CVC, and the legal or registered owner lives within the boundary of the City of Modesto.

(Added by Ord. 3010-C.S., § 1, effective 12-26-96)