Sec. 19-148. Impoundment of vehicles.

(a)   Whenever a police officer finds a motor vehicle or other vehicle that falls into one or more of the following categories, the officer shall have the vehicle removed by a properly licensed wrecker to the storage lot or garage operated by such wrecker:

(1)   Vehicle abandoned, junked or wrecked on the public streets of the city or on city property.

(2)   Vehicle involved in a hit-and-run accident.

(3)   Vehicle subject of a theft.

(4)   Vehicle used in the commission of a felony.

(5)   Driver of vehicle operates vehicle without a driver's license or was under the influence of intoxicating liquor or narcotics.

(6)   Vehicle parked in violation of a state statute or a city ordinance, except the city ordinance against overtime parking.

(b)   When any vehicle is so removed and impounded, it shall be the duty of the officer to affix to it a storage card. It shall be the duty of the police department to notify the owner of the vehicle or, if the owner is incapable of understanding the notice, to notify a responsible representative of the owner. If the owner of the vehicle cannot be determined, it shall be the duty of the police department to advertise the impounding of the vehicle. The owner may redeem and recover the vehicle by exhibiting proof of ownership to the police department and by paying all expenses incident to the impounding of the vehicle. Nothing in this section shall be construed to abridge the power and authority of the police department to remove any obstruction from the streets or other public places of the city or to excuse or exempt any person having the custody or control of any vehicle from any fine or penalty provided for the violation of any traffic law or ordinance.

(c)   The city manager or his or her designee shall have the authority to have a vehicle removed by a properly licensed wrecker to the storage lot or garage operated by such wrecker pursuant to this section:

(1)   If a vehicle has been abandoned as set forth in section 10-28 on city property and the notice requirements of section 10-32 or the emergency provisions of section 10-33 have been completed; or

(2)   If a vehicle has parked in violation of article V of chapter 19 of the City Code except for overtime parking as set forth in section 19-165 of the City Code.

(d)   For every vehicle removed by the city manager or his or her designee, he or she shall comply with the post- towing notice requirements as set forth in section 10-34 of the City Code.

(Code 1965, § 28-107; Ord. No. 3229, § 1, 5-10-05)