AZMotorNews
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¦ REFERENCE TITLE: unauthorized assembly of vehicles; penalty ¦
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¦ State of Arizona ¦
¦ House of Representatives ¦
¦ Forty-sixth Legislature ¦
¦ Second Regular Session ¦
¦ 2004
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¦ HB2136 ¦
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¦ Introduced by ¦
¦ Representatives Nelson, Hanson, Hubbs, Prezelski, Senators Blendu, Brotherton, Miranda: ¦
¦ Representatives Arnold, Jayne, McCune Davis, Miranda B ¦
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AN ACT
AMENDING SECTION 28-872, ARIZONA REVISED STATUTES;
AMENDING TITLE 28, CHAPTER 3, ARTICLE 13, ARIZONA REVISED STATUTES, BY ADDING
SECTION 28-878; RELATING TO TRAFFIC AND VEHICLE REGULATION.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-872, Arizona Revised Statutes, is amended to read:
28-872. Removal
of illegally stopped vehicles; unauthorized assembly of vehicles; liability for
costs; hearing
A. If a police officer finds a vehicle standing on a highway in violation of
section 28-871 the officer may move the vehicle or require the driver or other
person in charge of the vehicle to move the vehicle to a position off the paved
or main traveled part of the highway.
B. A police officer may remove or cause to be removed to a place of safety an
unattended vehicle that is illegally left standing on a highway, bridge or
causeway or in a tunnel in a position or under circumstances that obstruct the
normal movement of traffic.
C. A police officer may remove or cause the removal of a vehicle to the
nearest garage or other place of safety as follows:
1. If a report has been made that the vehicle has been stolen or taken
without the consent of its owner.
2. If the person or persons in charge of the vehicle are unable to provide
for its custody or removal.
3. If the person driving or in control of the vehicle is arrested for an
alleged offense for which the officer is required by law to take the person
arrested before a proper magistrate without unnecessary delay.
4. If the vehicle is left unattended for more than four hours on the
right-of-way of a freeway that has full control of access and no crossings at
grade.
5. Within the boundaries of a city, if the vehicle is left unattended for
more than two hours on the right-of-way of a freeway that has full control of
access and no crossings at grade.
6. IF THE PERSON DRIVING OR IN CONTROL OF THE
VEHICLE PARTICIPATES IN AN UNAUTHORIZED ASSEMBLY OF VEHICLES IN VIOLATION OF
SECTION 28-878.
D. Except as provided in subsection E of this section:
1. The public agency employing an officer who removes or causes the removal
of a vehicle under this section is not liable for the cost of towing or storing
the vehicle if the officer acts under color of the officer's lawful authority.
2. Before release of the vehicle by the towing service, the owner or the
owner's agent of a vehicle that is removed or caused to be removed under this
article shall pay or make satisfactory arrangements to pay for any reasonable
towing and storage costs incurred in towing or storing the vehicle.
E. If a tow truck operator is required in writing by a public agency to tow
or store a vehicle that is required as evidence in a criminal action or for
future criminal investigation by the public agency, the public agency is liable
for the towing and storage costs of the vehicle.
F. If a police officer removes or causes the removal of a vehicle as
permitted by this section, the public agency employing the officer shall provide
the registered owner of the vehicle or the registered owner's agent with the
opportunity for a post-storage POSTSTORAGE
hearing to determine the validity of the removal. This hearing shall be
conducted within forty-eight hours after a request, excluding weekends and
holidays. The public agency employing the officer may authorize its own officer
or employee to conduct the hearing if the hearing officer is not the same person
who removed or caused the removal of the vehicle. The public agency employing
the officer who removes or causes the removal of the vehicle is responsible for
the costs incurred for towing and storage if it is determined at the hearing
that probable cause for the removal cannot be established.
Sec. 2. Title 28, chapter 3, article 13, Arizona Revised Statutes, is amended
by adding section 28-878, to read:
28-878. Unauthorized
assembly of vehicles; civil penalty
A. A PERSON SHALL NOT PARTICIPATE IN AN UNAUTHORIZED
ASSEMBLY OF VEHICLES THAT RESTRAINS THE MOVEMENT OF TRAFFIC AND IMPEDES EITHER
OF THE FOLLOWING:
1. DEPLOYMENT OF EMERGENCY OR LAW ENFORCEMENT
VEHICLES OR SERVICES.
2. ACCESS TO A BUSINESS OR RESIDENCE.
B. A POLITICAL SUBDIVISION SHALL NOT ENFORCE THIS
SECTION UNLESS THE POLITICAL SUBDIVISION ADOPTS AN ORDINANCE GOVERNING THE
MOVEMENT OF VEHICLES RELATING TO UNAUTHORIZED ASSEMBLY AS DESCRIBED IN
SUBSECTION A OF THIS SECTION.
C. A LAW ENFORCEMENT OFFICER MAY CAUSE THE REMOVAL
OF A VEHICLE FOR A VIOLATION OF THIS SECTION AS PRESCRIBED BY SECTION 28-872.
D. A VIOLATION OF THIS SECTION IS A CIVIL TRAFFIC
VIOLATION. A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO A CIVIL PENALTY NOT
TO EXCEED ONE HUNDRED DOLLARS.