§ 17-108. Abandoning vehicles on public property.

(a)

In this section, unless the context otherwise requires:

Abandoned vehicle means any vehicle, trailer or semi-trailer of a type subject to registration under title 28 of Arizona Revised Statutes, sections 28-101 et seq., which has been left within the right-of-way of a highway, road, street or public thoroughfare, or upon public property, without being moved, for an extended period of time. Evidence that a vehicle was left unattended or unmoved for a period of seventy-two (72) hours within the right-of-way of a highway, road, street or other public thoroughfare, or upon public property, shall be prima facie evidence that the vehicle was abandoned.

(b)

No person shall abandon a vehicle upon any street, highway, road, other public thoroughfare or other public property. This subsection shall not apply to vehicles owned by the city which are parked or stored on public property. Any police officer, or other duly authorized agent who has reasonable grounds to believe that a vehicle has been abandoned in violation of this subsection may remove or cause the removal of such vehicle from any street, highway, road, or other public property. Except for an abandoned vehicle at the airport, as defined in this Code, section 5-101, the procedures in subsection (c) shall be used prior to citation or removal pursuant to this subsection. The abandonment of any vehicle in a manner provided in this subsection shall constitute a presumption that the last registered owner of record is responsible for such abandonment and shall be subject to the provisions of this section, unless an affidavit has been filed pursuant to Arizona Revised Statutes, section 28-4844, reporting the vehicle as being stolen, or a stolen report has been accepted by a local law enforcement agency, or written notification of the transfer of title has been filed pursuant to Arizona Revised Statutes, section 28-2058. The registered owner of the abandoned vehicle shall be responsible for the payment of any and all charges incurred in the removal and subsequent storage of the vehicle, unless it is shown that the registered owner was not the legal owner at the time of the offense. A violation of this subsection constitutes a civil traffic offense. The last registered owner of the vehicle shall be presumed to be responsible for the unlawful abandonment and this presumption shall apply in any adjudication of the issue which may occur. The provisions of Arizona Revised Statutes, sections 28-4801 through 28-4843, shall apply in all respects to the removal, towing, storage and sale of abandoned vehicles impounded under this subsection.

(c)

Except for an abandoned vehicle at the airport, when an officer or other duly authorized agent has reason to believe that a vehicle has been abandoned in violation of subsection (b), a written notice shall be placed upon the vehicle in a conspicuous place. The notice shall state:

(1)

That if the vehicle is not moved from its location within three (3) days from the date and time recorded by the officer or other duly authorized agent at the time of preparation of the notice, it will be in violation of this section.

(2)

That if the vehicle is not moved from its location within six (6) days from the date and time recorded by the officer or other duly authorized agent at the time of preparation of the notice, it will be removed from its location and stored pursuant to this section.

Within forty-eight (48) hours of the removal of an abandoned vehicle pursuant to this subsection, the police department shall send written notice of removal to the registered owner of the vehicle at the owner's last known address. The notice shall be sent by certified mail, return receipt requested, and shall state the reason for removal, the location of the vehicle and how it may be recovered. It shall also include a telephone number at the police department that can be called for additional information.

(d)

The aviation director, as defined in this Code, section 5-101, may request the police department to remove an abandoned vehicle parked at the airport for more than seventy-two (72) consecutive hours. Within forty-eight (48) hours of the removal of an abandoned vehicle under this subsection, the police department shall send written notice of removal to the registered owner of the vehicle at the owner's last known address. The notice shall be sent by certified mail, return receipt requested, and shall state the reason for removal, the location of the vehicle and how it may be recovered. It shall also include a telephone number at the police department that can be called for additional information.

For abandoned vehicles removed from the airport, the notice shall also inform the registered owner of the vehicle or the registered owner's agent of the opportunity for a hearing to determine the validity of the removal. Any hearing request shall be made, in writing, to the police department within 10 business days of the date of the notice. This hearing shall be conducted within forty-eight (48) hours after a request, excluding weekends and holidays. The police department may authorize one (1) of its own officers or employees to conduct the hearing if the hearing officer is not the same person who removed or caused the removal of the vehicle. The city shall be responsible for the costs incurred for towing and storage if it is determined at the hearing that probable cause for the removal cannot be established.

(e)

Nothing in this section requires the police department, its officers or other duly authorized agents, to give written notice of towing, removal or storage of any vehicle other than as provided in this section. This section does not limit the power and authority of the police department, its officers or other duly authorized agents to take such action when they may otherwise be required or permitted to do so under the laws of the state or the city.

(Code 1972, §§ 11-907.01—11-907.03; Ord. No. 1882, § 1, 3-17-86; Ord. No. 3257, § 5, 10-4-99; Ord. No. 4166, § 1, 9-9-14)