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Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:
(a) When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations.
(b) When any vehicle has been abandoned or junked on private or public property as provided in West Virginia Code Article 17-24.
(c) When any vehicle has been stolen or operated without the consent of the owner.
(d) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates.
(e) When any vehicle has been used in or connected with the commission of a felony.
(f) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code or West Virginia Code Article 17C-15 whereby its continued operation would constitute a condition hazardous to life, limb or property.
(g) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator.
(h) When any vehicle has been operated by any person who has failed to stop in case of a crash or collision.
(i) When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked.
(j) When any vehicle is found for which two or more citation tags for violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
Any vehicle removed under authority of subsection (b) hereof shall be disposed of as provided under West Virginia Code Article 17-24. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(a) All the laws of the State and all rules, regulations and orders made by the State Public Service Commission and the Commissioner of Highways, or either of them insofar as such laws, rules, regulations and orders may relate or apply to traffic on or the use of the public streets of incorporated villages, towns and cities shall be deemed to be and are hereby adopted and made a part of this Traffic Code, and any violations of such laws, rules, regulations and orders shall be a violation of this Traffic Code, provided, that nothing in this section shall be construed as adopting or incorporating herein any law, rule, regulation or order, the violation of which constitutes a felony.
(b) Should any penalty provided for any violation of this Traffic Code be inoperable by reason of conflict with the penalty required by the laws of this State for such violation, then the penalty fixed by the State law for any such violation constituting a misdemeanor shall be and constitute the penalty for such violation of this Traffic Code. (1976 Code Sec. 18-3)
Nothing in this Traffic Code shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Traffic Code, or otherwise regulating such use as may seem best to such owner. (1976 Code Sec. 18-18)
(a) In any prosecution in the Municipal Court charging the violation of any provision of this Traffic Code by the driver of a moving vehicle, proof that the particular vehicle described in the complaint was in motion in such manner or at such a rate of speed in violation of such provision, together with proof that the defendant named in the complaint was, at the time of such alleged violation, the registered owner of such vehicle, shall constitute prima facie evidence that the registered owner of such vehicle was the person who drove such vehicle at the place or area where, and for the time during which, such alleged violation occurred; provided, that such prima facie presumption may be rebutted by competent evidence.
(b) This section shall not be applicable unless the driver of the vehicle described in the complaint was given notice of the alleged violation or, if such driver was not apprehended at the time of the alleged violation, the complaint was served upon the registered owner of the vehicle described in the complaint, such service to have been accomplished in any manner authorized by law.
(1976 Code Sec. 18-19)
(a) Whoever violates any provision of this Traffic Code or any rule or regulation lawfully made pursuant thereto, for which no penalty is otherwise provided, shall be fined not more than five hundred dollars ($500.00).
(b) The Municipal Court and Police Department are hereby authorized to establish and conduct an elective, alternative traffic school for violations of this Traffic Code in lieu of penalties otherwise provided.
(c) The Municipal Judge, in his or her discretion, may collect costs or fees on behalf of the City pursuant to guidelines adopted by the Municipal Court and filed with the City Recorder for elective alternative traffic school for violations of this Traffic Code in lieu of penalties otherwise provided.
(Ord. 4-92. Passed 6-23-92.)