(a) Officers of the Police Department are hereby authorized to remove, or cause to be removed, a motor vehicle from a street to a garage or a secured storage lot designated or maintained by the Police Department when the motor vehicle is parked on the designated snow emergency street during a snow street emergency;
(b) Whenever an officer has removed or caused to be removed, a motor vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records of the vehicle the name and addresses of the owner thereof, such officer shall immediately give, or cause to be given, notice to such owner of the fact of such removal and/or the reason therefor, and the place to which such motor vehicle has been removed.
(c) Whenever an officer removes or has removed a motor vehicle from a street as authorized in this section and does not know nor is able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner, and in the event the motor vehicle is not returned to the owner within a period of three (3) days, then and in that event the Police Department shall immediately send or cause to be sent a written report of such removal by certified mail to the last known owner. Such notice shall include a complete description of the motor vehicle, the date, time and place from which removed, the reasons for such removal and the name of the garage or place where the motor vehicle is stored.
(d) No person shall recover any motor vehicle removed in accordance with this section except as provided herein. Before the owner or person in charge of such motor vehicle shall be allowed to recover it from the location where it has been placed, he shall present to a member of the Police Department, evidence of his identity, ownership or right to possession of the motor vehicle. 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 and answer such violations. The garage or storage facility operator shall release such motor vehicle upon receipt of the release form and payment of all towing and storage charges.
(e) This section shall be supplemental to any other provisions of law granting members of the police department authority to remove motor vehicles.
(1) Traffic citation. Whenever any motor vehicle without a driver is found parked in violation of this chapter and is not removed and impounded as authorized in this chapter, the officer finding such motor vehicle shall take its registration number and any other information displayed on the vehicle which may identify its owner or user and shall conspicuously affix to such vehicle a traffic citation for the driver or owner to answer the charge against him within the number of days and during the hours and at the place specified in the traffic citation.
(2) Evidence of vehicle ownership. The license or registration plate on a motor vehicle shall constitute in evidence a prima-facie presumption that the owner of such motor vehicle was the person who parked such vehicle at the point where such violation occurred.
(Ord. 46-96. Passed 7-2-96.)