(A) Purpose and effect. The impoundment of vehicles under authority of this section shall be construed as an enforcement procedure for protection of the public peace, safety and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic law violations, protection of the public rights in the use of streets and thoroughfares from obstructions placed and left in derogation of those rights and for safeguarding and protecting recovered stolen vehicles.
(B) Authority to impound. Officers of the County Sheriff’s Department are hereby authorized within the limits set forth in this section to impound vehicles under the circumstances hereinafter enumerated. No impoundment shall be valid unless made under order of an authorized police officer and in strict adherence with the procedures required in this section.
(1) Disabled vehicles. A disabled vehicle upon a street or highway may be impounded under the following circumstances:
(a) If left unattended and improperly parked on a street or highway and constitutes a definite hazard or obstruction to the normal movement of traffic; or
(b) If the person in charge of the vehicle is physically incapacitated to such extent as to be unable to provide for its custody or removal and the vehicle is so disabled as to constitute an obstruction to traffic or a hazard.
(2) Vehicle on bridge. An unattended vehicle left upon any bridge, viaduct or causeway or in any tube or tunnel, where the vehicle constitutes an obstruction to traffic or hazard, may be impounded.
(3) Arrest and detention of driver. Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leaves or will leave a vehicle unattended on any street or highway, the vehicle may be impounded.
(4) Vehicle creating traffic hazard. A vehicle left unattended upon any street, alley or thoroughfare and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic shall be impounded.
(5) Illegal trespass by vehicle.
(a) An unattended vehicle found to be in violation of this code may be impounded when the required complaint has been properly made and filed as provided in this section.
(b) If a violation of the provisions of this code occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner’s or legal occupant’s property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing.
(c) Upon filing of the complaint by the property owner or legal occupant, and if there appears to be proper cause to believe the provisions of this code have been violated, the County Sheriff’s Department shall cause the vehicle to be impounded from the property and placed in storage.
(6) Vehicle parked overtime. Any unattended vehicle which has been parked for more than one hour in excess of the time allowed for parking in any place shall be impounded, and any vehicle parked in violation of this code regarding more than 24 hours shall be impounded.
(7) Vehicle blocking fire exit or hydrant. Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or exit or blocks ready access to a fire hydrant shall be impounded.
(8) Vehicle parked in intersection. Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled vehicle in an intersection, with the person in charge of the vehicle being present, shall be moved out of the intersection and to the nearest available legal parking space at the street curbing.
(9) Stolen vehicle.
(a) Whenever a stolen vehicle is located by police and the registered owner cannot be found within a reasonable time not exceeding eight hours, or cannot be determined from the registration papers or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle may be removed to the nearest authorized place of impoundment, and the registered owner of the vehicle shall be notified of the location of the place of impoundment as soon as possible by the County Sheriff’s Department.
(b) If the registered owner is identified, located and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his or her own arrangement for the removal of the vehicle within the period eight hours from the time he or she is actually notified of its recovery and, if the owner is unable or unwilling to effect the removal within the time specified, the vehicle may be impounded.
(10) Vehicle with outstanding traffic citations. Any vehicle for which two or more citations have been issued for violation of an ordinance, and have not been presented as required, may be impounded if parked in violation of any provision of this traffic code.
(C) Place of impoundment. Every vehicle that is impounded under the provisions of this subchapter shall be removed to the nearest garage or place of safekeeping designated by the town’s Board of Trustees, and to no other place.
(D) Duration of impoundment. Except as otherwise provided, any vehicle impounded under the authority of this section shall be stored and held safely until an order for its release is received from an officer of the town, the town attorney, a police officer or other law enforcement official. The order of release of an impounded vehicle shall be conditioned upon the payment by the person to whom the release is issued of all impoundment costs and accrued storage charges assessed against the vehicle.
(E) Inventory of impounded vehicles. Any vehicle impounded for any reason shall be inventoried by two or more persons for the protection of the owner and his or her property, the protection of town law enforcement personnel and the protection of the garage or wrecker service moving or holding the vehicle.
(Prior Code, § 6-7-5)