An employee of the Police Department or Parking Enforcement Officer may, and they are hereby authorized to temporarily and for a period of 72 hours, immobilize subject vehicles by installing on, or attaching to such vehicle, equipment such as a vehicle immobilization device designed to restrict the normal movement of such vehicle, and if such vehicle is so immobilized the officer so installing or attaching such device shall conspicuously affix to such vehicle a notice, in writing, on a form provided by the Chief of Police, advising the owner, driver or person in charge of such vehicle that such vehicle has been immobilized by the city for violation of one or more of the provisions of the Traffic Code, and that release from such immobilization may be obtained at a designated place; that unless arrangements are made for the release of such vehicle within 72 hours, the vehicle will be removed from the streets at the direction of the Police Department, and that removing or attempting to remove the device before a release is obtained is unlawful, and containing such information as the Chief of Police shall deem necessary. It shall be unlawful for any person to remove or attempt to remove any such device before a release is obtained as herein provided or to move any such vehicle before the same is released by the Police Department. Where such vehicle has been properly immobilized in such manner, in addition to payment of all traffic or parking citations, a fee of $100 shall be charged before releasing such vehicle, and the parking restrictions, if any, otherwise applicable shall not apply when such vehicle is so immobilized. If the vehicle has remained immobilized for a period of 72 hours and release has not been obtained, the police officer or employee of the city causing such immobilization shall have the vehicle impounded until such time as the release has been obtained. Immobilization of subject vehicles are authorized under the following circumstances:
(A) If the alleged violator does not appear in response to a traffic or parking citation and there are at least three or more outstanding violations and further fails to respond to the notice informing the alleged violator of the violations; or
(B) If the alleged violator does not appear in response to at least one or more parking citations issued pursuant to § 8-5-1-43 and further fails to respond to the notice informing the alleged violator of the violation.
(Ord. 29-1994; Am. Ord. 2016-011; Am. Ord. 2023-017)