Towed/Impounded Vehicles
Abandoned Vehicle
Marion County Tow Ordinance
Requirements to Obtain a Release
Requesting Tow Hearings
DEFINITIONS:
819.100 Abandoning a vehicle; penalty
(1) A person commits the offense of abandoning a vehicle if the person abandons a vehicle upon a highway or upon any public or private property.
(2) The owner of the vehicle as shown by the records of the Department of Transportation shall be considered responsible for the abandonment of a vehicle in the manner prohibited by this section and shall be liable for the cost of removal and disposition of the abandoned vehicle.
(3) A vehicle abandoned in violation of this section is subject to the provisions for removal of abandoned vehicles under ORS 819.110 and 819.120 and to being sold as provided under ORS 819.210 or 819.220.
(4) The offense described in this section, abandoning a vehicle, is a Class B traffic violation.819.120 Immediate custody and removal of vehicle constituting hazard
(1) An authority described under ORS 819.140 may immediately take custody of a vehicle that is disabled, abandoned, parked or left standing unattended on a road or highway right of way and that is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the road or highway.
(2) As used in this section, a “hazard or obstruction” includes, but is not necessarily limited to:
(a) Any vehicle that is parked so that any part of the vehicle extends within the paved portion of the travel lane. (b) Any vehicle that is parked so that any part of the vehicle extends within the highway shoulder or bicycle lane: (A) Of any freeway within the city limits of any city in this state during the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.; (B) Of any freeway within 1,000 feet of the area where a freeway exit or entrance ramp meets the freeway; or (C) Of any highway during or into the period between sunset and sunrise if the vehicle presents a clear danger.
(a) Any vehicle that is parked so that any part of the vehicle extends within the paved portion of the travel lane.
(b) Any vehicle that is parked so that any part of the vehicle extends within the highway shoulder or bicycle lane:
(A) Of any freeway within the city limits of any city in this state during the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.; (B) Of any freeway within 1,000 feet of the area where a freeway exit or entrance ramp meets the freeway; or (C) Of any highway during or into the period between sunset and sunrise if the vehicle presents a clear danger.
(A) Of any freeway within the city limits of any city in this state during the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.;
(B) Of any freeway within 1,000 feet of the area where a freeway exit or entrance ramp meets the freeway; or
(C) Of any highway during or into the period between sunset and sunrise if the vehicle presents a clear danger.
(3) As used in this section, “hazard or obstruction” does not include parking in a designated parking area along any highway or, except as described in subsection (2) of this section, parking temporarily on the shoulder of the highway as indicated by a short passage of time and by the operation of the hazard lights of the vehicle, the raised hood of the vehicle, or advance warning with emergency flares or emergency signs.
(4) After taking a vehicle into custody under this section an authority taking custody of a vehicle is required to give the notice described under ORS 819.180 and, if requested, a hearing described under ORS 819.190.
(5) The authority in this section to remove and take vehicles into custody is in addition to any authority to remove and take vehicles into custody under ORS 819.110.
(6) Subject to ORS 819.150, vehicles and the contents of vehicles removed and taken into custody under this section are subject to a lien as provided under ORS 819.160.
(7) An authority removing a vehicle under this section shall cause the vehicle to be appraised within a reasonable time by a person authorized to perform such appraisals under ORS 819.230.
(8) Vehicles removed and taken into custody under this section are subject to sale or disposition under ORS 819.210 or 819.220 if the vehicles are not reclaimed under ORS 819.150 or returned to the owner or person entitled thereto under ORS 819.190.
(9) The Oregon Transportation Commission, by rule, shall establish additional criteria for determining when vehicles on state highways, interstate highways and state property are subject to being taken into immediate custody under this section.Ordinance Tow (Violation of Marion County Ordinance 1079 and Oregon State law):
Requirements to obtain a release:
Requesting Tow Hearings:
The tow hearing process is a procedure by which citizens who feel their vehicles have been or will be invalidly towed, can obtain a speedy determination of the validity of the tow. If the tow is determined to be invalid, then a refund of the towing and storage charges and/or immediate release of the vehicle can be obtained.
You may appear personally at the hearing or you may choose to waive your personal appearance. The hearing must be set within 72 hours of your request.
If you wish to appear personally, you will be given a hearing time per your request. The hearing will be conducted in an informal manner and you will be given an opportunity to present any evidence you believe supports your contention that the tow was an invalid and to make any statement you wish in explanation or mitigation. You may have witnesses appear in person or through their written statements.
The Hearings Officer will determine the validity of the tow. You must still appear in Circuit or Justice Court on any traffic or parking citations which may have been issued in connection with this matter.
Except in the most unusual situation, a tow of a vehicle which was illegally parked, impeding traffic, or creating a traffic hazard will not be found invalid merely because the vehicle owner was not at fault. The fact that the vehicle was disabled or the vehicle was being operated by a suspended driver without the owner's knowledge will not ordinarily be sufficient to cause the tow to be found invalid. Because of the interest of the County citizens in keeping the roads safe and traffic flowing freely, the Hearings Officer may not direct the release of your vehicle or the refund of the towing charges merely because you are financially unable to pay these charges.
Send tow hearing requests to:Marion County Hearing Officerc/o Marion County Legal CounselP.O. Box 14500Salem, OR 97309Please include the following information: