(a) Whenever the operator of a motor vehicle appears unfit to operate such vehicle without endangering persons or property, and whenever a person is arrested pursuant to MSA § 9.2427, and when any vehicle shall hereafter be parked or left standing on any street, or in any municipally-operated parking lot or enclosure in the City, contrary to the provisions of this chapter, such vehicle may be removed by or under the direction of any member of the Police Department to a place or places in the City to be designated by the Chief of Police, and it shall be the duty of any police officer so removing or causing to be removed any such vehicle to make a report thereof in writing and in duplicate stating the make of such vehicle, the manufacturer’s number of the motor therein if any, and the State license number thereon, and file the same with the Chief of Police or any person designated by him. Any person owning or entitled to the possession of such vehicle so removed, may thereafter obtain possession thereof by paying to the appropriate person the appropriate fee which 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.
(b) Provided, that any motor vehicle impounded subsequent to an arrest, as specified in this section, shall be returned to the owner without imposition of the fees specified in this section, if the person arrested shall have been acquitted of the charge which occasioned the impound of the vehicle. If the vehicle shall have been returned to the owner prior to final disposition of the charge, the owner shall be entitled to the refund of all sums charged and paid, pursuant to this section, upon producing satisfactory proof of acquittal to the Chief of Police. It is further provided that the registered owner must make application for the return of the sums above specified. The City shall incur no obligation to the owner or party arrested for any amount in excess of the sums specified in this section.
(c) Any vehicle impounded pursuant to the terms of this section, remaining unclaimed, shall be deemed an abandoned vehicle and shall be disposed of in accordance with the laws of the State providing for the disposition of abandoned vehicles.
(Ord. 894, passed 1-5-1950; Ord. 1724, passed 6-24-1963; Ord. 1813, passed 12-21-1964; Ord. 1940, passed 10-10-1966; Ord. 1992, passed 8-21-1967; Ord. 2275, passed 6-21-1971; Ord. 2423, passed 1-21-1974; Ord. 2938, passed 1-28-1985; Ord. 3199, passed 3-23-1992; Ord. 3411, passed 2-8-1999)
Statutory reference:
Arrest without warrant; arraignment by magistrate or family division of circuit court, see MCLA 257.727