2009-1213-Ordinance No. 2009-017 Recorded 5/15/2009REVIEWED
LEGAL COUNSEL
COUNTY
NANCYUBLANKENSHIP,P000NTY CLERKS
COMMISSIONERS' JOURNAL 05115/2009 0807'07 am
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2009-1213
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 10.24 Personal Property and Impounded
Vehicle Inventories and Declaring an Emergency.
* ORDINANCE NO. 2009-017
*
WHEREAS, the Oregon Appeals Courts have ruled that in an administrative inventory search such as
the Sheriff's Office performs on impounded vehicles, only those closed containers designed or likely to contain
valuables may be opened to be inventoried; and
WHEREAS, DCC 10.24 needs to be amended to reflect these rulings; and
WHEREAS, amending DCC 10.24 clarifies what can be inventoried; and
WHEREAS, the amendment is needed immediately for Deschutes County Sheriff's Office personnel to
be able to legally conduct administrative searches; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDAINS as follows:
Section 1. AMENDMENT. DCC Chapter 10.24, Personal Property and Impounded Vehicle
Inventories, is amended to read as described in Exhibit "A", attached and incorporated by reference
herein, with new language underlined and deleted language set forth in str-ikethfettgk..
PAGE 1 OF 2- ORDINANCE No. 2009-017 (05/06/09)
Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
DATED this i Aday of '2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
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TAMMY BANEY, CHAIR
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DENNIS R. LUKE, VICE-CHAIR
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ALAN UNGER, COMMISSIONER
Date of 1 s` Reading: L3/ day of 2009.
L)%ay Date of 2d Reading: of , 2009.
Record of Adoption Vote
Commissioner No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
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Effective Date: l day of 2009
ATTEST:
Recording Secretary
PAGE 2 of 2- ORDINANCE No. 2009-017 (05/06/09)
Exhibit A
Chapter 10.24. PERSONAL PROPERTY AND IMPOUNDED VEHICLE INVENTORIES
10.24.010.
Purpose.
10.24.020.
Definitions.
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 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 DCC 10.24, unless otherwise apparent from the context, certain words and phrases used
in DCC 10.24 are defined as set forth in DCC 10.24.25 to 10.24.060.
(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)
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.
"In custody" means any of the following:
A. The imposition of restraint as a result of an `arrest' as that term is defined in ORS 133.005(1); or
B. The imposition of actual or constructive restraint by a police officer pursuant to a court order; or
C. The imposition of actual or constructive restraint by a police officer pursuant to ORS chapter 430
(treatment facilities, i.e., Detox); or
Chapter 10.24 1 (05/2009)
D. 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)
10.24.070. Inventory Searches.
A. Inventory Procedures
1. Administrative Inventories
An authorized member of this agency shall conduct a motor vehicle inventory without a warrant or
probable cause when:
a. anytime the vehicle has been lawfully seized, forfeited or impounded pursuant to the arrest
and/or cite of the driver;
b. after towing the vehicle for violations;
c. for related enforcement or safety reasons as defined by state law;
d. when deputies conduct the inventory within the scope of this policy as an administrative
procedure;
e. when a crash requires the tow of a vehicle and the owner or operator is not available, such as
death and/or serious injury crash; or
f. whenever the Sheriff's Office has possession or is responsible for the vehicle.
2. Examination of the contents of a motor vehicle pursuant to a criminal investigation or with the
intent of discovering evidence of a crime is a search, not an administrative inventory. Deputies
shall be guided by this agency's policy on motor vehicle searches when engaged in these actions.
B. Scope of Inventory
1. An inventory should be conducted in the location at which the vehicle is seized unless limited by
reasons of safety or practicality. If so, it may be inventoried at a later time following impoundment.
2. The owner or operator of the vehicle shall be asked to remove, if possible, all valuables from the
vehicle prior to impoundment. If such items cannot be removed, they shall be inventoried before
the vehicle is removed, and the owner/operator shall be requested to verify the completeness of the
inventory by signature.
Chapter 10.24 2 (05/2009)
3. A motor vehicle inventory may extend to all areas of the vehicle in which personal property or
hazardous materials may reasonably be found, including but not limited to the passenger
compartment, trunk and glove compartment.
4. A11 Closed containers designed to or likely to contain valuables such as wallets, purses, fanny packs
and jewelry containers shall
be opened for purposes of the inventory. Closed and locked containers shall not be forced open
without the owner's consent or a search warrant, but shall be logged on the impound report as such.
If a key or lock combination is available, locked containers designed to or likely to contain
valuables shall be opened and inventoried.
C. Property Control
All contents of the vehicle will be inventoried with the exception of vehicles towed pending the
issuance of a search warrant. All items taken into custody during an inventory shall be listed on a
Property/Evidence Receipt and a copy given to the owner of the property or to the owner/operator of the
vehicle. If no owner or owner/operator is available, the receipt may be left in a conspicuous place in or
about the vehicle.
1. If property valued at $200 or more, (jewelry, watches, cash) is discovered, such materials shall be
itemized on this agency's inventory form and turned over to the control of the property room for
safekeeping. Or, in the case of an arrested subject, deposited at the County Jail if appropriate.
2. Control and safekeeping of hazardous materials shall be the responsibility of this agency's
designated authority.
3. Contraband and evidence discovered during the course of a motor vehicle inventory shall be
deposited with the evidence custodian in accordance with Evidence Control Policy # 4.10.
4. Provisions must be made for any live animals prior to towing. The vehicle operator, if practical,
shall be asked to identify and/or contact someone to come to the scene and take custody of the
animal. If this is not feasible the animal shall be taken to the Humane Society for safekeeping. At
no time shall an animal be left in a vehicle at time of tow or left in the tow driver's possession
unless these arrangements were made in advance by the vehicle operator and tow company.
(Ord. 2009-017 § 1, 2009; Ord. 2004-026 § 1, 2004)
D. 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 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 room; or
Chapter 10.24 3 (05/2009)
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 Sheriff's office.
b. A copy of the receipt must be given 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 DCC 10.24.070(4), shall be released to the facility or agency accepting custody 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)
Chapter 10.24 4 (05/2009)