(a) Members of the Police Department or Authorized Code Enforcement officials are hereby authorized to move a vehicle from a street or highway, any parking lot or parking facility owned and/or operated by the Parking Authority of the City or property owned by the Water Board to the nearest garage or other place of safety or to a garage designated by the Department without prior notice under the circumstances hereafter enumerated. Provided, however, that notice as hereinafter described shall be given to the owner of a vehicle impounded under authority of this subsection immediately after impoundment:
(1) When any vehicle is left unattended upon any bridge, viaduct or causeway where such vehicle constitutes an obstruction of traffic.
(2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle, by reason of physical injury is incapacitated to such an extent as to be unable to provide for its custody or removal.
(3) When any vehicle is involved in a wreck and is not removed by the owner or any authorized person within a reasonable time thereafter.
(4) When any vehicle is parked on any street, highway or avenue within the City during hours designated for the cleaning or maintenance of any such street, highway or avenue. Such designation shall be made by the Traffic Commission, Chief of Police or City Manager as authorized and the street, highway or avenue shall be posted by appropriate signs at least twenty-four hours prior to such cleaning or maintenance. These signs shall clearly set forth that parking is prohibited and that vehicles that remain in the designated areas during the prohibited times will be towed.
(5) When a vehicle is illegally parked and impedes the flow of traffic.
(6) When there are five or more unpaid parking citations outstanding and the citations contain notices that the vehicle may be towed or immobilized, as provided in Section 303.11, for nonpayment of the fine.
(7) Where a vehicle is parked within fifteen feet of a fire hydrant and such parking is prohibited by Section 361.03.
(8) (EDITOR'S NOTE: Former subsection (a)(8) was repealed by ordinance 95-12, passed June 1, 1995.)
(9) When any vehicle has been stolen or operated without the consent of the owner.
(10) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates.
(11) When any vehicle has been used in or connected with the commission of a felony.
(12) 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 170-15 whereby its continued operation would constitute a condition hazardous to life, limb or property.
(13) When any vehicle has been operated by any person who as failed to stop in case of an accident or collision.
(14) 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.
(b) A vehicle may be impounded after prior notice when the vehicle is parked and/or used in violation of any law, ordinance or regulation not hereinbefore provided for. Prior notice shall consist of conspicuously posting a notification of intent to tow on the vehicle at least forty- eight hours prior to the removal of a vehicle or personally handing to the owner a notification of the intent to tow.
(c) Any notice given under this section shall contain the particulars of the removal, the redemption procedure to be followed and the opportunity and procedure for obtaining a hearing contesting the right of removal. Similar notice shall be given each person who seeks to redeem the vehicle. If the vehicle is redeemed prior to giving of the notice, the notice may be handed to the one seeking to redeem and notice need not be mailed.
(d) If no inquiry from the owner or his representative is made to the Police Department within twenty-four hours after towing, then the Department shall immediately send or cause to be sent a written report of such towing by mail to the State department whose duty it is to register vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reason for such removal and name of the garage or place where the vehicle is stored. In addition, the Police Department shall mail notice to the vehicle's owner of record at his last known address, as determined by the license tag thereon or if this cannot be done, such notice shall be given after receiving sufficient information from the State department, of the place of impoundment of the vehicle.
(e) Vehicles removed by the City shall be redeemed only under the following procedures:
(1) Only the person who can show that he is entitled to possession may redeem the vehicle. Proof may be in the form of the vehicle registration, a notarized statement from the registered owner or other good and sufficient proof.
(2) A person seeking to redeem an impounded vehicle has a right to a hearing to contest the validity of the removal or the amount accrued for removal and storage at a hearing. If a hearing cannot be held within the next day after written request for such hearings, a release for the vehicle shall immediately be given upon the posting of a bond to cover the potential fine for the criminal charge or charges, which caused the towing.
In the event the Police Court determines the towing was improper, the City shall bear the expenses of the towing and storage not to exceed seventy-two hours' storage fees.
(f) When any other ordinance of this City provides for removal or impoundment, the notice provisions of this section shall govern.
(g) Notwithstanding the provisions of subsection (f) hereof, any vehicle which has
been abandoned or junked on public or private property as provided in Article 24A, Chapter 17 of the West Virginia Code, of 1931, as Amended shall be disposed of as provided in that article and the notice requirements of that article shall apply.
(Ord. 87-16. Passed 8-5-87; Ord. 95-12. Passed 6-1-95; Ord. 11-6. Passed 3-17-11.)