San Carlos Apache Traffic Code Section 11
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Sec. 11.01 Definitions
In this article, unless the context otherwise requires:
1. "Abandoned Vehicle" means any vehicle, trailer or semi-trailer of a type subject to registration under this title, whether lost, stolen, abandoned or
otherwise unclaimed, which has been abandoned on a public highway, public property or elsewhere within the state, including private property. Evidence
that a
vehicle was left unattended for a period of forty-eight hours within the right of way of a highway, road, street of other public thoroughfare, shall be prima
facie evidence of abandonment.
2. "Officer" means a police officer or other law enforcement officer.
3. " State Vehicle Registration Agency" means the agency or department of any state which has charge of the records of motor vehicle registration in that
state.
Sec. 11.02 Abandonment Prohibited: Presumption; Removal; Appraisal
A. No person shall abandon a vehicle upon any street, highway or public or private property.
B. Any officer who has reasonable grounds to believe that a vehicle has been lost, stolen, abandoned or otherwise unclaimed may remove or cause the
removal of such vehicle from any street, highway of public or private property.
C. The abandonment of any vehicle in a manner provided in this article 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 article, unless an affidavit has been filed that the vehicle was stolen, a
stolen report has been accepted by a local law enforcement agency or a report has been filed.
D. The tribal law enforcement officer who has removed an abandoned vehicle shall make an appraisal of any such vehicle within five days of removal to a
location predetermined by the tribal subdivision in which the vehicle was abandoned.
E. The following persons shall have the authority to make appraisals of the value of abandoned vehicles for purpose of this code, subject, to the
conditions stated in this code:
l. Law enforcement officer or tribal official designated by the Tribal Council.
F. Any public agency which designates a person authorized to make appraisal shall certify the name of every such person to the Tribe.
G. An abandoned vehicle which is appraised at a value exceeding one hundred dollars shall be removed and disposed of pursuant to this code.
Sec.11.03 Required Report of Towed Vehicles; Violation; Classification
Any vehicle moved, towed or ordered by an officer into a public garage, parking lot, storage yard or wrecking yard, without the consent of the owner,
shall be reported within seventy-two hours by the person having custody thereof to the Tribe, on forms prescribed by the Tribe, and such person shall
send a copy of such report to the Tribe. Any person who fails to make such a report shall forfeit all claims for towing and storing the vehicle and is guilty
of a misdemeanor.
B. Any person who moves or tows any vehicle into a public garage, parking lot, storage yard or wrecking yard without the consent of the owner or his
agent shall, except when acting under the direction of an officer, send a copy of the report provided in subsection a to the law enforcement officer where
the vehicle
was located prior to the moving to towing within twenty-four hours of the time the vehicle was moved or towed. A person who fails to comply with the
provision of this subsection shall forfeit all claims for towing and storing the vehicle and is guilty of a petty offense.
Sec. 11.04 Towing and Storage Costs; Non liability of Public Agency; liability of Owner
The public agency employing an officer who has removed of caused the removal of a vehicle under this article is not liable for the cost of towing or storing
the vehicle is the officer acts under color of his lawful authority. The owner of a vehicle which is removed or caused to be removed under this article is
liable for any reasonable costs incurred in towing or storing the vehicle.
Sec.11.05 Required Report of Abandoned, Junked and Seized Motor Vehicles; Violation; Classification.
Any person having knowledge and custody of a vehicle which is either lost, stolen, abandoned, or otherwise unclaimed, or of a vehicle which has been
seized pursuant to law or removed from the right of way of a highway, road, street or other public thoroughfare, of other public property, by order of a
highway patrolman, sheriff’s officer or city or town policeman, and which has been held for a period of
fifteen days, where no claim has been made for the return of possession thereof by any person legally entitled thereto, shall make a report thereof to the
assistant director within five days after the expiration of the fifteen-day retention period for disposal of the vehicle by public auction and sale in
accordance with this article. The report shall be made on a form prescribed by the assistant director and shall contain
a complete description of the vehicle, the vehicle license or registration number, if any the circumstances of the officer's removal or custody and other
information the assistant director requires. Any person who fails to make such report shall forfeit all claims for towing and storing the vehicle and is guilty
of a misdemeanor.
Sec. 11.06 Required Report of Vehicles Abandoned in Storage; Sale; Violation; Classification.
A. Any vehicle left in a public garage or parking lot for storage or parking more than fifteen days, when it has not been left under a written contract of
storage and has not, during that period, been removed by the person leaving it, is an abandoned vehicle and shall be reported on forms prescribed by the
assistant
director, by the party in possession thereof, to the assistant director and a copy of such report shall be sent by such party to the superintendent of the
Arizona Highway Patrol. Any person who fails to make such report to the assistant director and tender delivery of the vehicle to him at the end of five
days following the fifteen-day period, shall forfeit all claims for storage of the vehicle and is guilty of a misdemeanor.
B. Vehicles abandoned by being left in a public garage or parking lot as provided by this article shall be disposed of in accordance with Sections 11.07 and
11.08.
Sec. 11.07 Notice of Intention to Sell Vehicle
A. The assistant director shall, upon receipt of a report as required by this article cause a search of the records of the department to be made, or if a
vehicle appears to be registered in another state, make inquiry of the vehicle registration agency of such state to ascertain the name and address of the
owner and lien holder, if any, of the vehicle.
B. Upon receipt of information disclosing the name and address of the owner and lien holder, if any, the assistant director shall give to the owner and lien
holder, if any, notice of his intention to sell the vehicle by certified mail to be delivered to addressee only, and request made for a return receipt.
C. If the records of the department fail to disclose the name and address of the owner and lien holder, if any, and there appears to be no registered holder
in another state, or if the notices returned marked unclaimed or addressee unknown, then notice of the assistant director's intention to sell shall be
published once in a newspaper of general circulation in the county in which the vehicle was found or seized.
D. A notice required by this section shall include a complete description of the vehicle, the place and date the vehicle was found, seized or taken into
possession, the storage location of the vehicle to be sold and the time, place and the date of the sale.
E. Any person who has filed a report of an abandoned vehicle in accordance with Section 11.05 and 11.06 shall within twenty-four hours notify the
assistant director if the vehicle is claimed by the lawful owner. Such notification shall be in tile manner prescribed by the assistant director.
Sec.11.08 Sale of Vehicle
A. If at the expiration of fifteen days from mailing the certified notice, or upon the expiration of fifteen days from the publication as provided in Section
11.07, the vehicle is unclaimed, the assistant director or his agent may sell the vehicle at public auction to the highest bidder.
B. The purchaser at the sale shall be entitled to, and the assistant director shall issue to him, a certificate of title free and clear of all liens or encumbrances
upon compliance with the provisions of this article.
Sec.11.09 Payment of Costs of Storage
Upon proof by the party in possession of an abandoned motor vehicle that notice of the abandonment has been given and tender of delivery of the vehicle
has been make at the time and in the manner provided by law, such party shall be entitled to be paid a reasonable amount for storage of the vehicle from
the proceeds for the sale as prescribed in Section 11.08.
Sec. 11.10 Disposition of Proceeds of Sale
Any surplus arising from the sale, after deduction the costs of the sale of the vehicle, consisting of towing, storage, advertising and selling the vehicle, shall
be retained for the owner for a period of thirty days and if not claimed upon expiration thereof shall be deposited with the state treasurer to the credit of
the Arizona highway user revenue.
Sec. 11.11 Exemption of Certain Vehicles
A motor vehicle eligible for licensing pursuant to Chapter 3, Article 2 of this title as a horseless carnage, classic car, historic vehicle or street rod vehicle
shall not be considered an abandoned vehicle and seized pursuant to this article or any ordinance authorized by this article while such vehicle is stored or
maintained on the vehicle owner's private property.
Sec. 11.12 Inspection for Stolen Vehicles; Violation; Classification
A. For the purposes of enforcing the provisions of this title or location stolen vehicles or parts of those vehicles, peace officers may inspect any vehicles
for the purpose of examining any vehicle identification number, serial number or other unique distinguishing number, sign or symbol in any public garage,
vehicle storage, repair, leasing or rental lot or facility, vehicle equipment rental yard, vehicle salvage pool or other similar establishment and may inspect
the title or registration of those vehicles in order to establish the rightful ownership or possession of the vehicle.
B. Peace officers may also inspect bicycles, implements of husbandry, special construction equipment and motor vehicles designed for off-highway use
which are on the premises described in subsection a or if such a vehicle is incidentally operated or transported on a highway.
C. Inspections shall be conducted at a time and in a manner so as to minimize any unreasonable interference with or delay of the business operation.
D. In the event information comes to the attention of the person conduction an inspection pursuant to this section that may give rise to the necessity of
obtaining a search warrant, and in the event steps are promptly initiated for the procurement of a search warrant, the persons conducting such inspection
may take all necessary steps to secure the premises under inspection until the warrant application is acted upon by a judicial officer.
E. A person who refuses to permit inspection under this section is guilty of a misdemeanor.
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