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If any vehicle shall be found parked in violation of any of the provisions of this chapter, it shall be the duty of the Chief of Police or other police officers of the city to attach to the vehicle a notice to the owner or operator thereof, if the owner or operator is absent, or to deliver to the owner or operator, if he is present, a notice to the effect that the vehicle has been parked in violation of a provision of this chapter and directing the owner or operator to report to the city office in regard to the violation.
The person actually operating or in control of the operation of the vehicle at the time that the vehicle is parked shall be charged with the duty of complying with the provisions of this chapter; provided, that proof of ownership of any vehicle found. parked in violation of this chapter shall be prima-facie evidence that the owner parked the vehicle.
(A) Police officers are hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department or otherwise maintained by this city, under the circumstances enumerated below.
(1) When any vehicle is left unattended on any bridge, viaduct, or causeway, or in any other place where the vehicle constitutes an obstruction to traffic.
(2) When a vehicle on a highway is 50 disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
(3) When any parked vehicle is left unattended on a street and is parked illegally so as to constitute a definite hazard or obstruction to the normal movement of traffic.
Whenever an officer removes a vehicle from a street as authorized in division (A) above, and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the officer shall immediately give or cause to be given notice to the owner of the fact of the removal and the reasons therefor and of the place to which the vehicle has been removed.
Cross-reference:
Abandoned and junked motor vehicles, see Chapter 80
An owner or operator of a vehicle may, within 48 hours from the time the notice referred to in § 73.41 was attached to the vehicle or delivered to the owner or operator, pay to the city, as a civil penalty for the offense indicated in the notice, the sum of $5; provided, that for violations of limited parking prescribed in § 73.15, the civil penalty shall be $5. Failure of the owner or operator of the vehicle to appear and pay the penalty within 48 hours shall subject the owner or operator to the penalties provided in § 10.99. A violation of this section is punishable is a misdemeanor.
(Am. Ord. 95-38, passed 10-16-95; Am. Ord. 22- 01, passed 1-3-22)