Title
Ordinance to Repeal City Code Sections, Chapter 36, Sections 36-70.01 through 36-70.04 Regarding Impoundment of Vehicles Cited for Racing or Reckless Driving (Ordinance G-6919)
Description
Council adopted City Code sections to allow for impoundment of vehicles for street racing or reckless driving, and a process for post-impoundment storage hearings, and earlier release. This past Legislative session, the Arizona Legislature passed laws that also address impoundment of vehicles for street racing and in some areas, conflict with City Code. The code sections adopted by Ordinance G-6822 will therefore be repealed, and the City of Phoenix will enforce state law.
Report
Summary
In May 2021, City Council amended the City Code and adopted new code sections to address street racing and reckless driving, adding authority to impound vehicles, and conduct hearings to address allegations of improper impoundments. In addition, the Police Department has revised Operations Order 6.6, Towing and Wreckers, to implement the new code, and specifically to address situations encountered by the Street Racing Task Force. On Sept. 29, 2021, new state laws went into effect that address street racing, reckless driving, as well as obstruction of thoroughfares. The new state laws, in some ways, conflicted with the City Code, and also added new requirements and penalties that were not consistent with the City Code.
Some of the notable differences in the new state law included a 20-day impound for street racing or reckless driving. The City Code imposed 30 days. In addition, the new state law imposed a seven-day impound for obstruction of thoroughfares, which did not exist in City Code. The new state law added penalties for persons who "aid and abet" street racing or reckless driving. The City Code only addressed violations of the driver. The new state law increased the daily storage charge for impounded vehicles to $25 per day. The City Code is $15 per day.
The state law is a comprehensive framework of several statutes that address several aspects of street racing and reckless driving. Upon repeal, the Police Department will be able to rely on just one regulatory scheme, and utilize the many avenues provided under the new state law to combat this unlawful activity.
Department
Responsible Department
This item is submitted by Jeffrey Barton and the Law Department.