(a) (1) The Chief of Police or his or her designate upon complaint of any person adversely affected may order into storage any motor vehicle, other than an abandoned motor vehicle as defined in § 452.16, that it has been left on private residential or private agricultural property for at least four hours without the permission of the person having the right to the possession of the property.
(2) A. The Chief of Police, or his or her designate, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. The place of storage shall be designated by the Chief of Police or his or her designate.
B. When ordering a motor vehicle into storage pursuant to this division, the Chief of Police or his or her designate shall, whenever possible, arrange for the removal of such motor vehicle by a private tow truck operator or towing company. Subject to § 452.17(a), the owner of a motor vehicle that has been removed pursuant to this division may recover the vehicle only in accordance with § 452.17(c).
(b) This section does not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with § 452.06.
(c) As used in the section PRIVATE RESIDENTIAL PROPERTY means private property on which is located one or more structures that are used as a home, residence or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. PRIVATE RESIDENTIAL PROPERTY does not include any private property on which is located one or more structures that are used as a home, residence or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.
(d) Any person who registers a complaint that is the basis of a Police Chief’s order for the removal and storage of a motor vehicle under this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies himself or herself as the owner or operator of the motor vehicle and requests information pertaining to its location.
(Ord. 97.04, passed 3-3-1997)