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1. 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;
b. If left unattended longer than 72 hours on the shoulder of any highway; or
c. 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.
2. Any unattended vehicle left upon any bridge, viaduct, causeway or within the structure of a grade separation maybe impounded.
3. Whenever the driver, or person in charge, of any vehicle is placed under arrest, taken into custody and detained by police under circumstances which leave, or will leave, a vehicle unattended on any street or highway, the vehicle may be impounded.
4. 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. When any derelict vehicle is discovered by the Police Department to have been parked upon any street in the city for a period of 72 hours, or more, the Police Department is authorized to impound the vehicle, and if the owner of the vehicle may be ascertained by reasonable diligence, the owner shall be notified of the action by the Police Department.
6. A trespassing, unattended vehicle may be impounded when the required complaint has been properly made and filed. 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; 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. Upon filing of the complaint by the property owner or legal occupant, and if there appears to be proper cause to believe a violation has occurred, the Police Department shall cause the vehicle to be impounded and placed in storage.
7. Any unattended vehicle parked at the street curbing of any zone where parking is prohibited, and where official signs are in place giving notice thereof in violation of the prohibition, may be impounded.
8. Any vehicle illegally parked in such a manner that it blocks a fire escape, ladder or exit, or blocks ready access to a fire hydrant, shall be impounded.
9. 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.
10. 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 identification 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 notified of the location of the place of impoundment as soon as possible by the Police Department. 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 arrangements for the removal of the vehicle within a period of 24 hours from the time he or she is actually notified of its recovery; if the owner is unable or unwilling to effect the removal within the time specified, the vehicle may be impounded.
1. Except as otherwise provided, no person shall store, keep or park any partially dismantled, non-operating, wrecked or junked vehicle on any part of their property that is visible from a public right-of-way, nor shall any person leave such a vehicle for such time, and under such conditions, as to cause it to reasonably appear to be stored, kept or parked upon any private property, dedicated street right-of-way or public easement, nor shall any person dismantle or assemble, in whole or in part, motor vehicles, boats, trailers, recreational vehicles or other machinery or equipment on their private property or a public right-of-way if such operation is visible from a public right-of-way. Vehicles, boats, trailers, recreational vehicles or other machinery or equipment so kept and/or dismantled in whole or in part shall constitute a public nuisance.
2. Persons excepted from subsection 1. above are those who maintain such vehicles:
a. In enclosed buildings or not visible from a public right-of-way;
b. On the premises of a business enterprise operated in a lawful place and manner, when such vehicles are necessary to the operation of said business; or
c. In an appropriate storage facility or depository which is maintained by or for the city.
3. A rebuttable presumption exists that vehicles are being stored, kept or parked in violation of this section, when any one of the following conditions exists:
a. Weeds and/or grass undergrowth indicates to a reasonable person that the vehicle has not been moved, thereby permitting such growth to occur;
b. One or more wheels are flat or missing;
c. Portions of the vehicle which are needed for its operation or control are missing;
d. Neighboring residents provide written statements as to the length of time such vehicle has been standing in one place without removal, or statements that parts are taken from, or added to, such vehicle, which would indicate a salvage, garage or used parts operation;
e. Evidence exists that provisions of the code of ordinances pertaining to zoning or to junk or salvage yards, are being violated; or
f. No current license tag is present or visible on the vehicle.
4. Appropriate municipal officials (including, but not limited to, the Mayor, the Chief of Police, the Municipal Building Inspector, the Fire Chief and the City Clerk) may remove and impound, or cause to be removed and impounded, those vehicles which appear to be in violation of this section.
5. Prior to the removal and impoundment of any vehicle, stored, kept or parked on private property, under the provisions of this article, or any of the appropriate methods of nuisance abatement (see Chapter 12 of this code of ordinances), the appropriate municipal officials shall attempt to notify, by certified mail, the registered owner of such vehicle, stating that the vehicle appears to be in violation of this article, and that the owner of a vehicle stored, kept or parked on private property, has 48 hours prior to removal and impoundment of such vehicle. Should a member of the Police Department have reasonable cause to believe that a vehicle is being stored kept, parked or appears to be non-operative or has been left unattended, upon any portion of public roadway, shoulder or right-of-way, for a period of 72 hours, shall have the authority to remove and impound such vehicle.
6. After a police officer has removed a vehicle from a public roadway, shoulder or right-of-way, the Police Department shall within 72 hours of such removal notify the Department of Public Safety of such removal. The notice of removal shall contain the name and address of the owner, if known, the make, model, vehicle identification number, registration number, date stored, place stored and the police officer’s estimated value of the vehicle.
(Ord. 14-3, passed 4-14-2014)
1. No vehicle or object which injures, or is likely to injure, any street within the city shall be driven or moved on any street within said municipality.
2. No person shall drive any vehicle which is in such condition, so constructed or so loaded as to cause, or be likely to cause, a delay in traffic or constitute a hazard to persons or property, without having obtained an oversized vehicle permit from the office of the City Clerk-Treasurer.
1. No person shall drive or convey through any street any vehicle, the width, height, length, weight or load of which exceeds that authorized by state laws, except in accordance with a permit issued by state authority.
2. The City Council may prescribe routes through the municipality for the use of trucks and/or other vehicles, which are not ordinary private passenger vehicles, passing through the city. When it is necessary for vehicles of the class hereinabove described to travel to and from a location on any of the city’s public streets, alleys or places for the purpose of loading or unloading merchandise, or the provision of necessary services at such location, the route traveled shall be as short and direct as possible from and to the most available, legally-designated truck route or state or federal highway.
3. The City Council shall see that appropriate and adequate signs are placed along such routes so that drivers of such vehicles may follow the routes. When such signs are erected and in place, the driver of a truck or other vehicle for which a route has been so prescribed, while passing through the city shall keep on such route and shall not deviate therefrom, except in case of emergency.
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