§ 405.11  Fee for Incompleted Tow
   (a)   If the owner or other person claiming a right to lawful possession of a vehicle to be impounded for a violation of any of the parking infraction offenses listed in division (l) of Section 405.02 arrives at the scene prior to the actual conveyance of the vehicle and identifies himself or herself and establishes to the satisfaction of the police officer that he or she is entitled to possession of the vehicle, the police officer providing for the removal of the vehicle shall direct that the activity to remove the vehicle be ceased. The police officer shall then direct that the possession of the vehicle be retained by or returned to the owner or other person claiming lawful possession of the vehicle, provided that all of the following are true, in the opinion of the police officer:
      (1)   The owner or other person claiming lawful possession of the vehicle is capable of safely taking possession of the vehicle; and
      (2)   The flow of traffic will not be unreasonably impeded; and
      (3)   The health, safety or welfare of the public will not be adversely affected.
   (b)   If the circumstances described in division (a) of this section occur after a tow truck has arrived at the vehicle and activity to remove the vehicle has commenced, then the owner or other person claiming lawful possession of the vehicle shall be charged a fee of twenty-five dollars ($25.00), twenty dollars ($20.00) of which shall be for the cost of the activity to remove the vehicle and five dollars ($5.00) of which shall be attributed to the cost of releasing the vehicle.
   (c)   A police officer shall not direct that a vehicle be retained by or returned to the owner or other person pursuant to division (a) of this section in cases in which there are four (4) or more parking infraction judgments or previously issued outstanding criminal citations or notices of violation of any of the provisions of this Traffic Code associated with the vehicle.
(Ord. No. 533-91. Passed 3-4-91, eff. 3-4-91)