Members of the Police Department are authorized to remove, or have removed at their direction, any vehicle from any public or private way or place, under any of the circumstances enumerated, the City Council finding and determining that the vehicles under the circumstances are public nuisances. Any vehicle removed under the provisions of this section may be taken to the City garage, to any lot maintained by the City, to the Police Department for the storage of impounded vehicles, or to any other place designated by the Police Department, or under contract with the City, for the storage and maintenance of the impounded vehicles.
No action for the recovery of compensation for damages to or loss from any motor vehicle impounded under the provisions of this Code shall be maintained against the City when:
A. Any vehicle is left unattended upon any bridge, viaduct, subway or tunnel, or where the vehicle constitutes an obstruction to traffic.
B. A vehicle upon a street, highway or alley is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury or other physical condition incapacitated to an extent as to be unable to provide for its custody or removal.
C. Any vehicle is left unattended upon a street or parked illegally so as to constitute a definite hazard or obstruction to the normal movement of traffic, or when left on any public street with engine running, or with key in the ignition, or both, or when parked in any area designated by the Traffic Engineer as a "Tow-Away" area; or when any vehicle is left unattended or parked so as to block ingress or egress from driveways so as to obstruct sidewalk pedestrian traffic.
D. A vehicle, or trailer, is left parked in the same place upon a street, highway or alley continuously for a period of seventy two (72) hours, or when any vehicle is left parked upon a street fronting on a business zone area continuously for a period of twenty four (24) hours or more.
E. The driver of the vehicle is taken into custody by the Police Department and the vehicle would be left unattended.
F. A vehicle is found being driven upon a street, highway or alley of the City and the same is not equipped with all the necessary parts and equipment as required by this chapter, or does not meet the standards of the parts or equipment required.
G. The driver of a vehicle is reasonably suspected of using license plates or a license permit unlawfully, misusing the license plates or license permit issued to the driver, or a vehicle is driven or parked upon a street, highway or alley without proper license plates or license permit, or driven or parked with an invalid or expired license permit.
H. The driver of a vehicle is driving without an operator's license or chauffeur's license which is current and valid, or does not have a license in the driver's immediate possession, or who drives a vehicle contrary to restrictions imposed upon the driver's license, or who drives a vehicle while the driver's operator's license or chauffeur's license has been denied, suspended, canceled or revoked by the State.
I. A vehicle is found on or so near to any railroad track as to block the same in any manner.
J. Any truck-trailer is found to be parked in any parking metered space.
K. Any semitrailer is found to be parked in any parking metered space.
L. The driver of any vehicle, or the vehicle which the driver is driving, is reasonably believed to have been involved in an accident and to have left the scene without reporting the accident to proper authorities.
M. Any vehicle is reasonably suspected of being a stolen vehicle, or parts thereof to be stolen parts.
N. The driver of any vehicle is taken into custody for a suspected felony or misdemeanor, or when the vehicle is suspected of containing stolen goods or other contraband.
O. Except as to vehicles parked in a City owned parking lot or structure in violation of this Code, which vehicles may be immediately impounded pursuant to subsection 10.16.110A of this chapter, any automobile or other motor vehicle is left parked on any roadway, employee parking area, public parking lot, or other place at the Municipal Airport, for a period of thirty (30) days or more. Any vehicle left parked at the Municipal Airport for a period of thirty (30) days or more shall be presumed to have been abandoned by the owner, and is declared to be a public nuisance.
P. A driver, owner or person in charge of a vehicle has received a notice to respond to a charge against the person for a violation of this chapter and the driver, owner or person in charge of the vehicle has failed to respond and answer to the charge, employees of the City acting in their official capacity and officers of the Police Department, may and they are authorized to temporarily and for a period of seventy two (72) hours immobilize the vehicle by installing on or attaching to the vehicle, a device designed to restrict the normal movement of the vehicle, and if the vehicle is immobilized the employee of the City or police officer installing or attaching the device shall conspicuously affix to the vehicle a notice in writing, on a form to be provided by the Chief of Police, advising the owner, driver or person in charge of the vehicle that the vehicle has been immobilized by the City for violation of one or more of the provisions of this chapter and that release from the immobilization may be obtained at a designated place; that unless arrangements are made for the release of the vehicle (within 72 hours) the vehicle will be removed from the streets at the direction of the employees of the City acting in their official capacity, or by a police officer, and that removing the device before a release is obtained is unlawful; and containing other information as the Chief of Police shall deem necessary. It shall be unlawful for any person to remove any device before a release is obtained, or to move any vehicle before the same is released by the Police Department or the Clerk of the Municipal Court; and where the vehicle has been properly immobilized, a fee set by the Municipal Judge shall be charged by the Police Department or Clerk of the Municipal Court before releasing the vehicle, and the parking restrictions, if any, otherwise applicable shall not apply when the vehicle is so immobilized. If the vehicle has remained immobilized for a period of seventy two (72) hours and release has not been obtained, the police officer or employee of the City causing immobilization shall have the vehicle impounded.
Q. Except as to vehicles parked in a City owned parking lot or structure in violation of this Code, which vehicles may be immediately impounded pursuant to subsection 10.16.110A of this chapter, any vehicle is left parked at any City owned or City operated parking lot or structure, other than at the Municipal Airport, for a period of thirty (30) days or more. The vehicle shall be presumed to have been abandoned by the owner and is declared to be a public nuisance.
R. Any vehicle is parked, stopped or allowed to stand in a City owned parking lot or structure in violation of this Code.
S. If an inoperable or unlicensed vehicle, within the meaning of section 9.6.502 of this Code or the City's Zoning Code, is being maintained on property within this City in violation of this Code, the vehicle shall be removed by private contractor retained by the Police Department or other City agency, upon the request of the Code Enforcement Administrator, made after compliance with the procedures established in the Zoning Code or section 9.6.508 of this Code, to the lawful place designated for storage of vehicles seized pursuant to this article, and surrendered to the custody of the Chief of Police for storage and/or disposal pursuant to the procedures established in this article. The notice of impoundment and post-tow hearing provisions of sections 10.25.104 and 10.25.105 of this article shall apply to any vehicle removed pursuant to this subsection. No vehicle shall be removed or impounded pursuant to this subsection until expiration of the appeal period, as provided in the Zoning Code, or until conclusion of a perfected appeal, as provided in the Zoning Code, as applicable.
T. Any commercial vehicle with a gross vehicle weight rating (GVWR) of ten thousand one (10,001) pounds or greater parked on a public right-of-way in a Residential Zone District.
U. Any recreational vehicle parked on a street or highway, alley, public roadway, or other public right-of-way for a period of time greater than that necessary for the expeditious loading and unloading of passengers or property. (1968 Code §6-25-1; Ord. 75-86; Ord. 83-319; Ord. 84-169; Ord. 87-11; Ord. 88-190; Ord. 90-121; Ord. 00-59; Ord. 01-42; Ord. 03-124; Ord. 14-68; Ord. 18-131)