May 10, 2024 |
Photo – Image from Parking Education – Courtesy City of Rawlins website
Officials on the Rawlins governing body demanded that something be done about abandoned and derelict vehicles on city streets.
Last month, during April 16th Rawlins city council meeting, Police Chief Mike Ward informed Councilman Chris Weisenburg that Wyoming state law gives the county the sole authority to remove abandoned vehicles from city streets. Chief Ward said his officers will contact the Carbon County Sheriff’s Office when they suspect a car has been abandoned. Beyond that, the chief said, the Sheriff is responsible for impounding offending vehicles.
The council asked City Attorney Pinita Maberry-Nave to investigate the matter.
At Tuesday’s Rawlins city council meeting, City Attorney Maberry-Nave said the City has had a long list of public nuisance offenses, including derelict vehicles, since the 1980’s.
Attorney Maberry-Nave said the Rawlins Police Department typically issues a warning to the vehicle owner, which usually results in the matter being resolved out of court. If the owner refuses to move the offending vehicle, the city attorney said state law trumps the city’s ordinances.
Attorney Maberry-Nave said Rawlins police officers must inform the sheriff’s department about the abandoned vehicle. Afterwards, the Carbon County Sheriff’s Office is ultimately responsible for beginning the impound process.
Mayor Terry Weickum said the city must have a way to remove derelict vehicles from the streets. Mayor Weickum pointed to a specific abandoned car that has remained illegally parked downtown for months.
Vice Mayor Steve Sanger asked how long a vehicle can sit before the city considered it abandoned. Attorney Maberry-Nave said state and city statutes both say 24 hours.
Councilman Weisenburg asked if the city could tow the offending vehicle since it is illegally parked facing the wrong way with out-of-date license plates. Attorney Maberry-Nave said the vehicle can be considered both illegally parked and abandoned.
Vice Mayor Sanger said no matter which ordinance the vehicle owner is breaking, the car in question has been sitting for longer than 24 hours.
Police Chief Ward said the Rawlins PD has made the sheriff’s department aware of the aforementioned vehicle. Responding to a question from Mayor Weickum, Chief Ward said in the past, impounding and storing abandoned vehicles proved to be too costly to the city.
Mayor Weickum said the city should have a towing company remove the offending vehicle. “That way,” said the mayor, “the towing company would be entirely responsible for storage.”
Chief Ward said state law prevents the city from impounding vehicles. The police chief said the entire impounding process is legally the responsibility of the sheriff’s department.
Mayor Weickum said he believes that the sheriff only needs to get involved if the derelict vehicle is sold. The mayor said the city needs a way to enforce its own ordinances, independent of the county.
Chief Ward said having a towing company remove the offending vehicle may still violate state law. The police chief said he doesn’t believe a towing company will take ownership of a car no one wants.
Mayor Weickum said the towing company can sell parts off the car to recoup their towing costs. Chief Ward said that process may violate the state law requiring the sheriff’s department to sell impounded vehicles.
Councilman Weisenburg asked why the city hasn’t towed the offending car for being illegally parked. Chief Ward said he does not move an illegally parked vehicle unless it presents a public hazard.
Councilman Weisenburg said that the chief was interpreting the city ordinance in his own manner. The councilman said Chief Ward should use the established illegal parking laws to remove abandoned vehicles from the city streets.
Mayor Weickum said having derelict vehicles on the streets makes the city look bad. The mayor instructed Chief Ward to find a way to remove the abandoned cars from the city.
Chief Ward said he’ll consult with Sheriff Alex Bakken on what the city can do about the abandoned vehicles and return to the council with the information at a later date.
