6-12-4: IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES:
   A.   Fire Lane: Any vehicle found to be parked in any fire lane or other access roadway as defined in the international fire code 1 may be impounded.
   B.   Disabled Vehicles: A disabled vehicle upon a street or highway may be impounded under the following circumstances:
      1.   If left unattended and improperly parked on a street or highway;
      2.   If left unattended longer than forty eight (48) hours on the shoulder of any highway;
      3.   If the person in charge of the vehicle is physically incapacitated to such extent as to be unable to provide for its custody or removal.
   C.   Bridge: An unattended vehicle left upon any bridge, viaduct or causeway or within the structure of a grade separation may be impounded.
   D.   Traffic Hazard Or Obstruction 2 : A vehicle left unattended upon any street, alley or thoroughfare and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic shall be impounded.
   E.   Road Construction Or Improvement Locations:
      1.   When the city plans to construct or improve any street, alley or right of way upon which a car or cars are legally parked, the city shall install a sign to be conspicuously posted at two (2) locations upon, at or near such street, alley or right of way. Such notice shall state: "Street - Construction - Improvement, All Vehicles Must Be Removed Immediately!" Such notice shall be given at least forty eight (48) hours prior to the commencement of any construction or improvement activities.
      2.   Any vehicle which remains upon any street, alley or right of way at the commencement of any such construction or improvement activities shall be determined to be parked illegally and shall constitute a traffic hazard, and shall be impounded.
   F.   Derelict Vehicles:
      1.   When any derelict vehicle is discovered by the police department to have been parked upon any street in the city for a period of seventy two (72) hours, the police department is authorized to impound the vehicle, and if the owner of the vehicle may be ascertained by reasonable diligence, the owner shall be notified of the action by the police department.
      2.   When any derelict vehicle is discovered by the police department to have been parked upon any airport property belonging to the city for a period of forty eight (48) hours, the police department is authorized to impound the vehicle, and if the owner of the vehicle may be ascertained by reasonable diligence, the owner shall be notified of the action by the police department.
      3.   For the purposes of this chapter, a "derelict vehicle" shall be defined as:
         a.   Abandoned;
         b.   Interfering with the normal flow of traffic;
         c.   Interfering with the use of private property;
         d.   Neglected; or
         e.   Inoperable.
   G.   Private Property:
      1.   An unattended vehicle found to be in violation of section 6-6-9 of this title may be impounded when the required complaint has been properly made and filed as provided in this subsection.
      2.   If a violation of the provisions of section 6-6-9 of this title occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner's or legal occupant's property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing.
      3.   Upon filing of the complaint by the property owner or legal occupant, and if there appears to be proper cause to believe the provisions of section 6-6-9 of this title have been violated, the police department shall cause the vehicle to be impounded from the property and placed in storage.
   H.   Parked Over Water Meters:
      1.   Any vehicle parked in such a way as to obstruct ready access to a city water meter shall be impounded after notice has been given.
      2.   Notice shall be given as follows:
         a.   Notice of the offense and one hour advance notice of impoundment and an opportunity to move the vehicle shall be given to the owner or person in charge of the illegally parked vehicle if such person is present.
         b.   If the vehicle owner or person in charge of the vehicle is not present, notice of the offense and impoundment shall be left on the vehicle at least twelve (12) hours in advance of impoundment.
   I.   Parked In/Upon Stormwater Drainage Facilities Or Easements:
      1.   Any vehicle parked in, over, or upon stormwater drainage facilities or easements shall be impounded after notice has been given.
      2.   Notice shall be given as follows:
         a.   Notice of the offense and one hour advance notice of impoundment and an opportunity to move the vehicle shall be given to the owner or person in charge of the illegally parked vehicle if such person is present.
         b.   If the vehicle owner or person in charge of the vehicle is not present, notice of the offense and impoundment shall be left on the vehicle at least twelve (12) hours in advance of impoundment.
   J.   Prohibited Zone: Any unattended vehicle parked at the street curbing of any zone where parking is prohibited and where official signs are in place giving notice thereof in violation of the prohibition may be impounded.
   K.   Blocking Fire Exits Or Hydrants: Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or exit or blocks ready access to a fire hydrant shall be impounded.
   L.   Intersection: Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled vehicle in an intersection, with the person in charge of the vehicle being present, shall be moved out of the intersection and to the nearest available legal parking space at the street curbing.
   M.   Handicapped Parking Spaces: Any vehicle parked in a parking space which is clearly marked for handicap parking, whether on public or private property, which vehicle does not have a clearly visible state or city authorized handicap sticker may be impounded and the owner and/or operator may be cited for violations pursuant to section 6-6-7 of this title. (Ord. 2015-20, 5-4-2015)

 

Notes

1
1. See title 9, chapter 10 of this code.
2
2. State law reference - removal of vehicles constituting traffic obstruction authorized, 47 OS § 11-1002(b).