(a) The Chief of Police or a designated representative of the Chief of Police by the police agency may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the registered owner of the vehicle in any of the following circumstances:
(1) If the vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.
(2) If the vehicle is parked or standing upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.
(3) If a vehicle is parked in a posted tow away zone.
(4) If there is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.
(5) If the vehicle must be seized to preserve evidence of a crime, or when there is reasonable cause to believe that the vehicle was used in the commission of a crime.
(6) If removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or manmade disaster, or other emergency.
(7) If the vehicle is hampering the use of private property by the owner or person in charge of that property or is parked in a manner which impedes the movement of another vehicle.
(8) Failing to satisfy or answer parking violation notices or citations regarding illegal parking:
a. When any vehicle is identified and located whose registered owner has failed to satisfy or answer six or more parking violation notices or citations regarding illegal parking, which owner has been sent previous notification pursuant to § 28-115.1 hereof.
b. When a vehicle is in the circumstance described in subsection (a)(8)a. above, the Chief of Police or the designated representative of the Chief of Police may, in lieu of or prior to impoundment, attach to the vehicle an immobilization device that will prevent the vehicle from being moved. Such device may be removed by the Chief of Police or the designated representative if the violations are paid together with a device removal fee, if security is posted for Court appearance on the violations as provided in subsection (c)(3) below, if the violations are dismissed, or if it is necessary to impound the vehicle. Said removal fee shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. It is unlawful for any person to remove such device without authorization of the Chief of Police or the designated representative. The following limitations shall be applicable in all cases where an immobilization device is utilized.
1. Immobilization shall be limited to a period not to exceed twenty-four (24) hours, except under emergency or unusual conditions as may be determined by the Chief of Police or the designated representative to exist, in his discretion, for safety or traffic reasons pursuant to which said time period may be reduced or extended.
2. No vehicle shall be impounded by use of an immobilization device unless said vehicle is owned by a person in violation of subsection (a)(8).
3. No vehicle shall be immobilized within the traveled portion of any street or on any portion of a street or sidewalk when the immobilization at such place would create a hazard to the public or to traffic.
(b) A police agency which authorizes the removal of a vehicle under subsection (a) above shall do all of the following:
(1) Check to determine if the vehicle is stolen.
(2) Within twenty-four (24) hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This subsection does not apply to a vehicle that is removed from the scene of a motor vehicle traffic accident.
(3) If the vehicle has not been redeemed within ten (10) days after removing the vehicle, send to the registered owner and the secured party as shown by the records of the Secretary of State, by first class mail or personal service, a notice that the vehicle has been removed; however, if the police agency informs the owner or operator of the vehicle of the removal and the location of the vehicle within twenty-four (24) hours after the removal, and if the vehicle has not been redeemed within thirty (30) days and upon complaint from the towing service, the police agency shall send the notice within thirty (30) days of the removal. The notice shall be by a form furnished by the Secretary of State. The notice shall contain the following information:
a. The year, make and vehicle identification number of the vehicle.
b. The location from which the vehicle was taken into custody.
c. The date on which the vehicle was taken into custody.
d. The name and address of the police agency which had the vehicle taken into custody.
e. The location where the vehicle is being held.
f. The procedure to redeem the vehicle.
g. The procedure to contest the fact that the vehicle was improperly removed or the reasonableness of the towing and daily storage fees
h. A form petition which the owner may file in person or by mail with the specified Court which requests a hearing on the police agency’s action.
i. A warning that failure to redeem the vehicle or to request a hearing within twenty (20) days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.
(c) For vehicles towed pursuant to subsections (a)(1) through (7):
(1) The registered owner may contest the fact that the vehicle was properly removed or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the Court specified in the notice within twenty (20) days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to MCLA § 257.252(e) and (f). An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the Court in an amount equal to the accrued towing and storage fees. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the Court finds that the vehicle was not properly removed, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(2) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(3) If the owner does not redeem the vehicle or request a hearing within twenty (20) days, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle prior to the date of the sale.
(4) Not less than twenty (20) days after the disposition of the hearing described in subsection (c)(3), or if a hearing is not held, not less than twenty (20) days after the date of notice described in subsection (c)(3), the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed. The public sale shall be held pursuant to MCLA § 257.252(g).
(5) If the ownership of a vehicle which has been removed under this section cannot be determined either because of the condition of the vehicle identification number or because a check with the records of the Secretary of State does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to MCLA § 257.252(g) hereof, not less than thirty (30) days after public notice of the sale has been published.
(d) For vehicles towed pursuant to subsection (a)(8):
(1) If the registered owner does not contest the immobilization or impoundment of the vehicle, the owner may obtain the release of the vehicle by paying the outstanding accrued parking charges, immobilization, towing and storage fees.
(2) If the registered owner does not redeem the vehicle or request a hearing within twenty (20) days, the secured party may obtain release of the vehicle by paying the outstanding accrued parking charges, immobilization, towing and storage fees.
(3) The registered owner may contest the immobilization or impoundment of the vehicle, or the reasonableness of the immobilization, towing and daily storage fees by requesting a hearing. A request for hearing shall be made by filing a petition with the Court specified in the notice within twenty (20) days after the date of the notice. The matter shall be resolved following a hearing in the Court. A registered owner who requests a hearing may obtain release of the vehicle by posting a bond or cash deposit in an amount equal to the outstanding accrued parking charges, immobilization, towing and storage fees.
(4) If the Court finds that the vehicle was not properly immobilized or impounded, the Police Department shall reimburse the owner of the vehicle for the accrued towing and storage charges and return the vehicle.
(5) If the Court finds that the vehicle was properly immobilized and impounded, or if no hearing was requested, not less than twenty (20) days after the notice described in subsection (b)(3) is sent, the Police Department shall offer the vehicle at a public sale unless the vehicle is redeemed.
(6) A public sale shall be conducted in the following manner:
a. It shall be under the control of the Police Department.
b. It shall be open to the public and consist of open auction bidding.
c. It shall be held not less than five (5) days after the public notice of the sale has been published.
d. The public notice shall be published at least once in a newspaper of general circulation within the county in which the vehicle was taken into custody. The public notice shall give a description of the vehicle for sale and shall state the time, date, and locations of the sale.
(7) The money received from the public sale of the vehicle shall be applied in the following order of priority:
a. Outstanding accrued parking charges.
b. Towing and storage charges.
c. Expenses incurred by the City.
d. The remainder to the secured party, if any. If there is not a secured party, remainder to the owner. If the remainder of the money is not claimed by the secured party or owner within thirty (30) days after the sale, it shall become the property of the City.
(8) If there are no reasonable bidders on the vehicle, the Police Department may do one of the following things:
a. Turn the vehicle over to the towing firm to satisfy charges against the vehicle.
b. Obtain title to the vehicle for the Police Department or the City by doing both of the following:
1. Paying the towing and storage charges.
2. Applying for title to the vehicle.
c. Hold another public sale pursuant to subsection (d)(6) above.
(9) Within two (2) days, excluding Saturday, Sunday, and legal holidays, after the disposition of the vehicle the Police Department shall do both of the following:
a. Notify the Secretary of State of the disposition.
b. Cancel the entry into the law enforcement information network described in subsection (b)(2).
(Ord. 2939, passed 2-11-1985; Ord. 3199, passed 3-23-1992; Ord. 3409, passed 2-8-1999)
Statutory reference:
Manner of conducting public sale, see MCLA 257.252g