(A) Inoperable or junk vehicles on public property. No person shall park, keep, place, store or abandon any junk vehicle or inoperable vehicle on a public street, alley, or public property within the city. The City Manager or Manager’s designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any inoperable or junk vehicle.
(B) Unauthorized vehicles. The City Manager or Manager’s designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any unauthorized vehicle under M.S. § 169.041 as it may be amended from time to time. A vehicle may also be impounded after it has been left unattended in one of the following public or private locations for the indicated period of time:
(1) In a public location not governed by M.S. § 169.041 as it may be amended from time to time:
(a) On a highway and properly tagged by a peace officer, four hours;
(b) Located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or
(c) That is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours.
(C) Vehicles on private property. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any junk vehicle or inoperable vehicle to be parked, stored, kept, or otherwise placed on property longer than 48 hours; and no person shall leave any such vehicle on any property within the city for a longer time than 48 hours, except as follows:
(1) If the vehicle is located in an enclosed building; or
(2) The vehicle is located on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or
(3) The vehicle is located in an appropriate storage place or depository maintained in a lawful place and manner by the city.
(D) Illegally parked vehicles. The City Manager, Manager’s designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any vehicle which is illegally parked and the owner of which has been ordered to remove it.
(E) Vehicles impeding road or utility activities. The City Manager, Manager's designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any vehicle that is impeding, obstructing, or interfering with the repair, construction, or maintenance activities of public utilities or public transportation. Except in an emergency situation, reasonable notice must be given to the vehicle owner or user of such activities.
(F) Vehicles obstructing traffic or emergency response. The City Manager, Manager's designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any vehicle, whether occupied or not, that is: (1) found stopped, standing, or parked in violation of an ordinance or state statute; (2) reported stolen; or (3) impeding firefighting or other emergency activities, snow removal or plowing, or the orderly flow of traffic.
(G) Notice and hearing. Before impounding a junk vehicle or inoperable vehicle, the Manager or suthorized designee must give 10 days' written notice through service by mail, by posting a notice on the property, or by personal delivery to the owner of or person in control of the property on which the vehicle is located. When the property is occupied, service upon the occupant is deemed service upon the owner. Where the property is unoccupied or abandoned, service may be by mail to the last known owner of record of the property or by posting on the property. The notice must state:
(1) A description of the vehicle;
(2) That the vehicle must be moved or properly stored within 10 days of service of the notice;
(3) That if the vehicle is not removed or properly stored as ordered, the vehicle will be towed and impounded at an identified location;
(4) That the vehicle may be reclaimed in accordance with the procedures contained in M.S. § 168B.07 or disposed of in accordance with M.S. § 168B.08; and
(5) That the owner of the vehicle or the owner of or person in control of the property on which the vehicle is located may in writing request a hearing before the City Manager or authorized designee.
(H) Hearing, action. If a hearing is requested during the 10-day period, the City Manager or authorized designee must promptly schedule the hearing, and no further action on the towing and impoundment of the vehicle may be taken until the City Manager's decision is rendered. At the conclusion of the scheduled hearing, the City Manager or authorized designee may (1) cancel the notice to remove the vehicle; (2) modify the notice; or (3) affirm the notice to remove. If the notice is modified or affirmed, the vehicle must be disposed of in accordance with the city's written order.
(I) Impounding procedures. The impounded vehicle will be surrendered to the owner by the towing contractor only upon payment of the required impound, towing and storage fees. Vehicle impounding will be conducted in accordance with M.S. Ch. 168B, governing the sale of abandoned motor vehicles.
(Am. Ord. 2001-948, passed 2-12-01)