Towing and Abandoned Vehicles Policy

Policy & Procedures                 No. 5.03
                                  Subject:
               Towing and Abandoned Vehicles
                                  Issuing Authority:                                       Effective Date:   Review Date:
                     Chief of Police                       09/21/14     11/30/2023
                                                                                 References:

 Revision
 &          07/12/2016
 Reissued   09/14/2018
 Dates:     08/30/2020

CALEA STANDARDS
61.4.3

     I.     General Considerations
      The Canton Police Department has the responsibility to ensure the safe and efficient flow
       of vehicular traffic. This may necessitate the towing of vehicles which are creating a
         traffic hazard or are operated in violation of Massachusetts Law, or vehicles which are
      abandoned or illegally parked.

    II.     Policy  61.4.3 B,C
          It shall be the policy of the Canton Police Department that vehicles will be towed for
        legitimate law enforcement purposes from public or private land. Purposes include motor
       vehicle violations, crime scene processing, traffic hazards, investigations and civil
        forfeiture.

       Vehicles may be towed from a public way if they are abandoned or recovered stolen,
        violating parking regulations or impeding the flow of traffic, both motor and pedestrian,
        in such a way that a hazard exists. 61.4.3 A

       Vehicles on private property that are abandoned must be handled by the property owner.

    III.   Reasons for Towing 61.4.3 B

       1)  Traffic Violations
        When a vehicle should not be driven away from the scene and the vehicle would be
              left unattended in a location where it cannot be legally parked, the preferred action is
            to tow the vehicle.

        When the operator is:
              -  Not properly licensed;
              -   Unfit to safely operate a vehicle;
              -  Not authorized by the owner to operate the vehicle.

           Canton Police Department’s Towing & Abandoned Vehicle Policy      Page 1

When a vehicle is:
        o  Not properly registered;
        o  Not properly insured.
2) At the Scene of an Arrest
   When a vehicle operator is arrested, the preferred response is to tow the involved
    vehicle.

        o  Another person may be allowed to move the vehicle if they are properly
               licensed and authorized by the owner to operate the vehicle.

3) Arrest for OUI
    Officers shall tow a vehicle being driven by a motorist subsequent to an arrest for
    operating under the influence of drugs or alcohol.

   The tow is automatic and shall not depend on:
        o  The type of vehicle;
        o  The owner of the vehicle; or
        o  The ability of another passenger to drive the vehicle.
   The disposition of the vehicle will be determined at the completion of the booking
    process.  If the operator refused to take a Breath Test or to consent to another form of
   chemical testing, or if the results of the test are higher than the allowed limits, the
    vehicle shall be impounded for a minimum of 12 hours.

4) Evidence of a Crime
   Vehicles should be impounded if there is evidentiary value in a criminal case.  If the
    vehicle:
        o  Was used in the commission of a crime; or
        o May contain evidence of a crime and it cannot be processed at the scene.
5) Recovered Stolen
  A recovered stolen vehicle will be towed including if it
        o  Must be taken to a secure are for crime scene processing, or
        o   Is on private property or parked illegally.
6)  Traffic Accident
   Vehicles involved in an accident may be towed if
        o  The vehicle is not safe to drive;
        o  The operator is incapacitated; or
        o  The operator is not legally licensed;
        o  Any vehicle involved in a fatal accident shall be towed to a secure area for
             crime scene processing.

7) Disabled Vehicle
  A disabled vehicle shall be towed if it creates an obstruction to traffic or is in a
    location hazardous to traffic (both motor vehicle and pedestrian traffic).

     Canton Police Department’s Towing & Abandoned Vehicle Policy      Page 2

A vehicle should be towed if it cannot be safely operated because it
          o   Is leaking gasoline or other fluid; or
          o  Has been on fire.
    8) Parking Violations
       Parking violations, including the overnight parking ban, shall be enforced.

       Vehicles may be cited and or towed if they are
          o  Parked in violation of a posted prohibited sign;
          o  Parked in violation of the Town of Canton By-Law – No overnight
                  parking;
          o  Parked in violation of snow removal;
          o  Obstructing snow removal;
          o  Blocking fire apparatus or other emergency equipment;
    9) Other Reasons for Vehicle Tows
          o  Seizing vehicles for forfeiture proceedings
          o  Removing vehicles from streets or parking lots because of public safety
                  concerns, a severe weather emergency or crises, e.g. flooding, sink hole,
                 proximity to a structure fire, etc.

IV.   Procedure
   The towing company under contract with the Canton Police Department shall be utilized.
   For vehicles involved in accidents or otherwise disabled, the vehicle operator may
    request another tow company if no road hazard exists and their response time will not be
    excessive.

  An officer will stand by to assist with traffic control and to ensure the vehicle is removed
   without incident.

   Owners or operators, who are present, except in the event they are incapacitated or in
    custody, should be asked to remove all valuables from the vehicle prior to the tow. Items
    not removed shall be inventoried in accordance with Motor Vehicle Inventory Policy
    #5.01.

   The following procedure is to be followed when vehicles are towed:

         -   Officer is to notify the dispatching officer to contact the on-call tow company and
           provide:
                      The location of the vehicle
                      The reason for the tow
                      Any unusual problem (flatbed truck needed, flat tires, etc.)
         -  Advise dispatching officer:
                       Registration number of the vehicle
                      Condition of the vehicle and any obvious damage
                      Destination – tow company lot, repair facility, owner’s residence,
                          police station, etc.
         -    If applicable,
                       Issue a Motor Vehicle Citation

        Canton Police Department’s Towing & Abandoned Vehicle Policy      Page 3

   Issue a Parking Citation
                      Determine if the plates must be seized (i.e. stolen plate, revoked
                            registration, attached plate, etc.)
                      Inventory the contents of the vehicle (Refer to Motor Vehicle
                        Inventory Policy #5.05) 61.4.3 D

V.    Records  61.4.3 E
   Every vehicle towed must be reflected in the records/log by one of the following:
         -   Incident Report (OF)
         -   Arrest Report (AR)
         -  Motor Vehicle Citation (Log Entry)
         -   General log entry

   Records of towed vehicles shall be maintained in the Report Room (noted on inventory
    sheets) and by entering data into the computer records stored in IMC. Each time a
    vehicle is towed, the following information must be recorded.
         -   Registration number;
         -  Make and color of the vehicle;
         -  Date and time it was towed;
         -  Reason for the tow;
         -  Where it was towed from;
         -  Any damage noted; and

   Dispatching officers shall include towing information into the IMC log, including the
   reason for the tow. The available options in the IMC dispatch program for “Tow
   Reasons” are:
         -  Abandonment                   - Motor Vehicle Violations
         -   Arrest                             - Parking Violations
         -   Disabled MV                    - Recovered Stolen
         -   Liquor Law Violation          - Road Hazard
         -  Motor Vehicle Stop            - Trespass

   Information about towed vehicles can be retrieved from the IMC “Vehicle Tow Log” by
   logging into IMC Dispatch. Click on ‘Reports’ then click on ‘Call Action and Response
   Time’.

VI.   Abandoned Vehicle Procedure   61.4.3 A
     If a vehicle is found without a plate displayed, but it is properly registered and insured, it
   should not be considered an abandoned vehicle. The owner may be contacted to
   determine the reason the plate is not being displayed.

     If a vehicle is illegally parked and has not valid registration, it may be towed for the
   parking violation. There is no need to consider it an abandoned vehicle.

    Officers taking notice of an apparent abandoned vehicle shall:

        Canton Police Department’s Towing & Abandoned Vehicle Policy      Page 4

-  Query motor vehicle records to determine the registration status and the identity
       of the owner.
     -  Ask the dispatching officer to check the IMC log to determine if there has been
      any recent mention of the vehicle.
     -    If the vehicle is not already listed, a log entry should be made in the IMC log.

If the vehicle is on a public way, it can be towed for not being properly registered,
regardless if it is determined to be abandoned or not.

     -  A motor vehicle citation may be mailed to the owner of the vehicle.

     Canton Police Department’s Towing & Abandoned Vehicle Policy      Page 5