1998-37849-Ordinance No. 98-045 Recorded 7/23/1998RelDyAS TO FORM 1 6 �' �° 1979
REdlEWWE®
CO�E REVIEW COMM 98-378,19
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
An Ordinance Amending Title 10, Vehicles and * 98 JUL 23 APS 9; �
Traffic, of the Deschutes County Code and
Declaring an Emergency.*�;� ';l' SUS f EIiQ1r(_Q'q'
COUNTY CLERK
ORDINANCE NO. 98-045
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. Deschutes County Code section 10.20.010, Certain vehicles as
nuisances, is amended to read as described in Exhibit "A," attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in stfik� h.
Section 2. AMENDMENT. Deschutes County Code chapter 10.24, Personal Property and
Impounded Vehicle Inventories, is amended to read as described in Exhibit "B," attached hereto and by
this reference incorporated herein, with new language underlined and language to be deleted in
str-i-kethr-eugh.
Section 3. EMERGENCY. This ordinance being necessary for the immediate preservation
of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect
on its passage.
DATED this 22"d day of July, 1998.
ATTEST:
Q', '—'h � � I U— 7--- /�
Recording Secretary
BOARD OF COUNTY COMMISSIONERS OF
PAGE 1 OF 1 - ORDINANCE NO. 98-045 (7/22/98)
IVDA L. SW A EN, Commissioner
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EXHIBIT "A"
10.20.010. Certain vehicles as nuisances.
The f flow ng A motor vehicles are is
hereby declared to be a nuisance and subject to
forfeiture when either of the following occurs:
A. A -The motor vehicle is operated by
a person whose operator's license is suspended
or revoked or in violation of a hardship or
probationary permit in violation of the
provisions of Oregon Revised Statutes 811.182;
and or
B. A -The motor vehicle is operated by
a person under the influence of intoxicants in
violation of Oregon Revised Statutes 813.010,
where and, in addition, the person has:
1. Habitual offender status under
Oregon Revised Statutes 809.640 or its statutory
counterpart in any jurisdiction; or
2. Participated in a driving under the
influence of intoxicants diversion program as
provided for by the Oregon Statutes, or its
statutory counterparts in any jurisdiction within
ten years prior to arrest or citation; or
-23. Been convicted or forfeited bail or
security within the previous ten years of:
a. Driving Under the Influence of
Intoxicants under Oregon Revised Statutes
813.010 or its statutory counterpart in any
jurisdiction; or
b. Any degree of murder,
manslaughter, criminally negligent homicide, or
assault recklessly endangering another person,
menacing, or criminal mischief resulting from
the operation of a motor vehicle, or its statutory
counterparts in any jurisdiction; or
c. Any crime punishable as a felony
with proof of a material element involving the
operation of a motor vehicle, or its statutory
counterparts in any jurisdiction; or
d. Failure to perform the duties of a
driver under Oregon Revised Statutes 811.705,
or 811.700 (commercial motor vehicle), or its
statutory counterparts in any jurisdiction; or
e. Reckless driving under Oregon
Revised Statutes 811.140 or its statutory
counterpart in any jurisdiction; or
f. Fleeing or attempting to elude a
police officer under Oregon Revised Statutes
811.540 or its statutory counterpart in any
jurisdiction_
—g. Any--degree--of eeklesAy
enda-ager-ing another- per -son, men --
i h • c resulting f the operation
168 -- 1980
Hfisdietion; of
dfiyo,- , ndef Ofego., Revised Statutes 941.700
while dr-' efeial moter- vehiele or- its
Oregon Revised Stautes 809.640 of its statute
eaunter-paft in any jufisdietion. (Ord. 98-045 §
1, 1998; Ord. 92-022 § 1, 1995)
PAGE 1 OF 1 - EXHIBIT "A" TO ORDINANCE NO. 98-045 (7/22/98)
EXHIBIT `B"
Chapter 10.24.
PERSONAL
PROPERTY AND
IMPOUNDED
VEHICLE
INVENTORIES
INVENTORY O
MPOUNDED
VEHICLES
10.24.010. Purpose.
10.24.020. Definitions.
10.24.025. Definition Impounded vehiele.
10.24.030.
10.24.025. Definition -Closed container.
10.24.030. Definition -Contraband.
10.24.035. Definition -In custody.
10.24.040. Definition -Inventory.
10.24.050. Definition -Open container.
10.24.055. Definition -Seized vehicle.
10.24.060. Definition -Valuables.
10.24.070 Inventory searches.
10.24.010. Purpose.
The purpose of this ordinance is to
provide the authority and the procedure for
peace officers to conduct inventories of personal
property and seized impounded -vehicles. Such
inventories are necessary to protect private
property while in police custody, to reduce or
prevent the assertion of false claims for lost or
stolen property, and to protect people and
property from any hazardous condition or
instrumentality that may be associated with the
personal property or vehicle. (Ord. 98-045 § 2,
1998; Ord. 94-054 § 1, 1994)
10.24.020. Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as set forth in sections 10.24.25 to
10.24.055 of this chapter. (Ord. 98-045 § 2,
1998; Ord. 95-034 § 1, 1995)
10.24.025. Definition -Closed container.
"Closed container" means a container
whose contents are not exposed to view. (Ord.
98-045 § 2, 1998)
168 - 1981
10.24.030. Definition -Contraband.
"Contraband" means any illegal controlled
substance or other property which one may not
legally possess, in custody of the police which is
not needed as evidence and is not subject to
order of the court. (Ord. 98-045 § 2, 1998)
10.24.035. Definition -In custody.
A. "In custody" means any of the
following:
1. The imposition of restraint as a result of
an `arrest' as that term is defined in ORS
133.005(l)-,
2. The imposition of actual or constructive
restraint by a police officer pursuant to a court
order; or
3. The imposition of actual or constructive
restraint by a police officer pursuant to ORS
chapter 426 (treatment facilities, i.e., Detox); or
4. The imposition of actual or constructive
restraint by a police officer for purposes of
taking the restrained person to an approved
facility for the involuntary confinement of
persons pursuant to Oregon law. (Ord. 98-045 §
2, 1998)
10.24.040. Definition -Inventory.
"Inventory" means to make a list of the
property of an individual. (Ord. 98-045 § 2,
1998)
10.24.050. Definition -Open container.
"Open container" means a container which
is unsecured or incompletely secured in such a
fashion that the container's contents are exposed
to view. (Ord. 98-045 § 2, 1998)
10.24.055. Definition -Seized vehicle.
"Seized vehicle" means a vehicle that has
been impounded, forfeited or taken as evidence.
_(Ord. 98-045 § 2, 1998)
10.24.060. Definition -Valuables.
"Valuables" means cash money of any
aggregate amount or individual items of
personal property with a value of over $500.
(Ord. 98-045 § 2, 1998)
PAGE 1 OF 3 - EXHIBIT "B" To ORDINANCE No. 98-045 (7/22/98)
EXHIBIT `B"
IN ffl�
10.24.070. Inventory searches.
A. Vehicles.
1. The contents of all seized vehicles must
be inventoried and an itemized list of the
valuables shall be documented on a property
page. The inventory shall be conducted prior to
the vehicle's release to a towing company
except under the following circumstances:
a. If there is reasonable suspicion to
believe that the safety of either the officer or
an,, other ther person is at risk, a required inventory
will be done as soon as safely practicable; or
b. If the vehicle is being seized for
evidentiary purposes in connection with the
investigation of a criminal offense, the inventory
will be done after the investigation is completed.
2. Inventories of seized vehicles shall be
conducted according to the following procedure:
a. An inventory of personal prope and
the contents of open containers located
throughout the passenger and engine
compartments of the vehicle including, but not
limited to, accessible areas under the dashboard,
in unlocked glove box(es), hatchbacks, trunks
and car -top containers, in any pockets in the
doors or in the back of the front seat(s), in any
console between the seats, under any floor mats
and under seats.
b. The inventories of locked glove box(es),
trunks, hatchbacks, and car -top containers will
be conducted if keys are available, or unlocking
mechanisms are provided. Forced entry is
prohibited without the owner's consent or a
search warrant.
3. The inventory is not a search for
evidence. Items should be scrutinized to the
extent necessary to complete the inventory_
While deputies may seize evidence or
168 - 1982
contraband located during the inventory, they
will not forcefully open closed containers to
inventory the contents without first obtaining
the owner's consent or a search warrant.
4. Any valuables located during_ the
inventory process shall be listed in a property
receipt. Loose items of value shall be held on
behalf of the owner of the valuables. Valuables
not easily moved by the officer, i.e., locked tool
chest, suitcase, etc., or valuables affixed to the
vehicle, i.e., car stereo, co fact disc player,
etc., may be left within the vehicle for
safekeeping; however, they must be listed on the
inventory. If the vehicle's owner or custodian is
not available, a copy of the property receipt
must be placed in a conspicuous location in the
vehicle.
5. Whenever a person, arrested from a
vehicle, will be transported from the scene in
custody, the person's containers located in the
vehicle and designed to contain money or
valuables, i.e., purses, coin purses, wallets,
fanny packs, etc., shall be taken as prisoner's
property_
B. Prisoner's personal property.
1. Deputies must inventory all valuables in
the possession of a prisoner taken into custody
and an itemized list of the inventory shall be
documented on a property page whenever:
a. The prisoner will be either placed in a
secure holding room or transported in the secure
portion of a police vehicle, or
b. Custody of the prisoner will be
transferred to another law enforcement agency,
correctional facility, or treatment facility.
2. Inventories of the personal property in
the possession of the prisoner shall be
conducted according to the following
procedures:
a. An inventory will be completed prior to
placing the prisoner into a holding room or a
police vehicle, whichever occurs first.
However, if reasonable suspicion to believe that
the safety of either the officer or the prisoner, or
both, is at risk, an inventory will be completed
as soon as safely_ practicable prior to the transfer
of custody to another law enforcement agency
or facility.
b. To complete the inventory of the
prisoner's personal property, the officer will
remove all items of personal property from the
clothing worn by the prisoner. In addition, the
officer will remove all items or personal
PAGE 2 OF 3 - EXHIBIT `B" TO ORDINANCE NO. 98-045 (7/22/98)
10.24.070. Inventory searches.
A. Vehicles.
1. The contents of all seized vehicles must
be inventoried and an itemized list of the
valuables shall be documented on a property
page. The inventory shall be conducted prior to
the vehicle's release to a towing company
except under the following circumstances:
a. If there is reasonable suspicion to
believe that the safety of either the officer or
an,, other ther person is at risk, a required inventory
will be done as soon as safely practicable; or
b. If the vehicle is being seized for
evidentiary purposes in connection with the
investigation of a criminal offense, the inventory
will be done after the investigation is completed.
2. Inventories of seized vehicles shall be
conducted according to the following procedure:
a. An inventory of personal prope and
the contents of open containers located
throughout the passenger and engine
compartments of the vehicle including, but not
limited to, accessible areas under the dashboard,
in unlocked glove box(es), hatchbacks, trunks
and car -top containers, in any pockets in the
doors or in the back of the front seat(s), in any
console between the seats, under any floor mats
and under seats.
b. The inventories of locked glove box(es),
trunks, hatchbacks, and car -top containers will
be conducted if keys are available, or unlocking
mechanisms are provided. Forced entry is
prohibited without the owner's consent or a
search warrant.
3. The inventory is not a search for
evidence. Items should be scrutinized to the
extent necessary to complete the inventory_
While deputies may seize evidence or
168 - 1982
contraband located during the inventory, they
will not forcefully open closed containers to
inventory the contents without first obtaining
the owner's consent or a search warrant.
4. Any valuables located during_ the
inventory process shall be listed in a property
receipt. Loose items of value shall be held on
behalf of the owner of the valuables. Valuables
not easily moved by the officer, i.e., locked tool
chest, suitcase, etc., or valuables affixed to the
vehicle, i.e., car stereo, co fact disc player,
etc., may be left within the vehicle for
safekeeping; however, they must be listed on the
inventory. If the vehicle's owner or custodian is
not available, a copy of the property receipt
must be placed in a conspicuous location in the
vehicle.
5. Whenever a person, arrested from a
vehicle, will be transported from the scene in
custody, the person's containers located in the
vehicle and designed to contain money or
valuables, i.e., purses, coin purses, wallets,
fanny packs, etc., shall be taken as prisoner's
property_
B. Prisoner's personal property.
1. Deputies must inventory all valuables in
the possession of a prisoner taken into custody
and an itemized list of the inventory shall be
documented on a property page whenever:
a. The prisoner will be either placed in a
secure holding room or transported in the secure
portion of a police vehicle, or
b. Custody of the prisoner will be
transferred to another law enforcement agency,
correctional facility, or treatment facility.
2. Inventories of the personal property in
the possession of the prisoner shall be
conducted according to the following
procedures:
a. An inventory will be completed prior to
placing the prisoner into a holding room or a
police vehicle, whichever occurs first.
However, if reasonable suspicion to believe that
the safety of either the officer or the prisoner, or
both, is at risk, an inventory will be completed
as soon as safely_ practicable prior to the transfer
of custody to another law enforcement agency
or facility.
b. To complete the inventory of the
prisoner's personal property, the officer will
remove all items of personal property from the
clothing worn by the prisoner. In addition, the
officer will remove all items or personal
PAGE 2 OF 3 - EXHIBIT `B" TO ORDINANCE NO. 98-045 (7/22/98)
168 -1983
EXHIBIT `B"
property from all open containers in the
possession of the prisoner.
3. A closed container in the possession of
a prisoner will have its contents inventoried
only when:
a. The prisoner is allowed to retain the
closed container while in the secure portion of a
custodial facility, police vehicle or secure
holding room;
b. The prisoner requests that the closed
container be with them in the secure portion of a
police vehicle or a secure police holding r
or
c. The closed container is designed for
carrying money and/or small valuables on or
about the prisoner and for which the prisoner
claims as his or her own, i.e., closed purses,
closed coin purses, closed wallets, closed fanny
packs, etc.
4. All items of personal property not left
with the prisoner, or with the facility or agency
accepting custody of the prisoner, shall be
handled in the following manner:
a. A property receipt shall be prepared
listing the property to be retained by the
sberiff s office.
b. A copy of the receipt must beivg en to
the prisoner upon release to the accepting
enforcement agency, correctional facility, or
treatment facility.
5. All personal property not immediately
released to the prisoner in custody, or dealt with
as provided in paragraph (4) of this subsection,
shall be released to the facifily or agency
acceptingcy of the prisoner so that they
may:
a. Hold the property for safekeeping on
behalf of the person in custody; and
b. Prepare and deliver a receipt for any
valuable held on the prisoner's behalf. (Ord.
98-045 § 2, 1998)
PAGE 3 OF 3 - EXHIBIT "B" TO ORDINANCE NO. 98-045 (7/22/98)