(A) Whenever any vehicle is found by a police officer parked or left standing on the roads, streets, highways or alleys of the city in violation of the provisions of this code, the police officer may remove and convey the vehicle, or may cause the vehicle to be removed and conveyed by means of towing or otherwise to the automobile pound.
(B) The vehicle shall not be discharged or removed from the pound except by payment by the owner, driver or operator of the vehicle of a fee as set by resolution, plus reasonable storage fees to the person in charge of the automobile pound.
(C) When the owner or driver of the vehicle so impounded presents himself or herself at the automobile pound to claim that owner or driver’s vehicle, it shall be the duty of the person in charge to inform the owner or driver of the nature and circumstances of the violation resulting in the impounding of the vehicle.
(1) If the owner or driver of any vehicle so impounded protests against the payment for the impounding and storage fee, the owner or driver shall receive from the person in charge of the automobile pound a receipt for the payment marked “paid under protest” but only if the owner or driver of the impounded vehicle executes an affidavit denying the facts upon which the impounding of the vehicle was based and protesting against the payment of the impounding and storage fees.
(2) It shall thereupon be the duty of the Chief of Police to forthwith make complaint in conformity with the provisions of this code, setting forth the factual circumstances which led to the impounding of the vehicle. If any such person is found not guilty by the court of a violation based upon the factual circumstances, it shall be the duty of the persons in charge of the automobile pound to refund to the person the fees so paid under protest.
(Prior Code, § 70.096) (Ord. 98-27, passed 7-20-1998)