(A) Unless otherwise expressly authorized by this code of ordinances or by some existing provision of law, no city official nor any city employee may accept, take, or impound any personal property to be stored by the city.
(B) When any personal property is seized by any law enforcement officer and it is necessary for such personal property to be stored or otherwise maintained by the city, the city shall keep such personal property in a city storage area as designated by the governing body and may not be released as long as it is required as evidence in any trial without an order from such court. The law enforcement agency requesting such storage or the owner of such personal property shall pay to the city the actual costs of the removal of the personal property to the storage area plus storage fees at the rate set by resolution of the governing board.
(C) If any personal property is left or abandoned, whether attended or not, upon any public property or right-of-way within the city which creates a hazard, obstruction, nuisance or interference to or with the movement of traffic, emergency vehicles, snow removal operations, street sweeping or street maintenance, the police department is authorized to provide for the removal of such personal property to a garage or place of safety as designated by the governing body, and under such circumstances the owner of the personal property shall pay to the city the actual costs of the removal of the property to the storage area plus storage fees at the rate set by resolution of the governing board
(D) The city shall not be liable for any damages to property or persons incurred as a result of the seizure, removal, impound or storage of any property pursuant (B) or (C) above or pursuant to any existing provision of law or this code of ordinances.
(Ord. 332, passed 2-7-2019)