(A) Any motorized and/or non-traditional vehicle parked or left standing unattended upon any street or public place in the town, at any time, in violation of any provisions of this code or other ordinances of the town, or of any state law, any motorized and/or non-traditional vehicle known to have been stolen and so left on any street, or authorized to be towed and impounded by any state or federal statute, is declared a nuisance and an unlawful obstruction upon the street or public place, and a hazard to traffic thereon.
(B) Any police officer, when discovering a motorized and/or non-traditional vehicle parked or kept standing unattended, or when it is attended and the occupant or operator refuses, if able to do so, or fails to move it on request, shall attach to the motorized and/or non-traditional vehicle, or serve upon the person a notice of violation, as provided for in this chapter. In addition, the officer may remove the motorized and/or non-traditional vehicle, or cause it to be removed to any town-owned or operated property, or to a private storage area or place authorized pursuant to contract, where the motorized and/or non-traditional vehicle shall be impounded and detained as hereinafter provided. The motorized and/or non-traditional vehicle shall be released only upon a police order authorizing the motorized and/or non-traditional vehicle to be surrendered, or upon an order of a judge of any court having jurisdiction, pursuant to any other legal proceedings and only after the owner's completion of a tow/impound release form and the payment of $20 (the "vehicle release payment"). If, however, during the impoundment illegal drugs are discovered in the vehicle, the vehicle release payment shall be $300. And, if during the impoundment, illegal drugs and fire arms (illegal or otherwise) are discovered in the vehicle, the vehicle release payment shall be $500.
(C) Owner’s risk. Removal and impounding of a motorized and/or non-traditional vehicle shall be accomplished with reasonable care but otherwise shall be at the risk of the owner, his or her agent or representative, and the expense and result of removal and storage shall be borne by the owner, his or her agent, or representative, for the use and benefit of the town, or of the person who operates or has charge of the garage or other storage place, whether public or private, unless otherwise ordered by a judge of a court of competent jurisdiction.
(D) Removal, impounding, and storage of a motorized and/or non-traditional vehicle, pursuant to this chapter’s provisions, shall in no way supersede, bar, excuse, or prevent a prosecution of any person or in any way relive him or her from the penalty prescribed for his violation of this code or any other town ordinance or state law, for the violation of which the motorized and/or non-traditional vehicle has been removed, impounded, and stored, but remedies and penalties are declared to be distinct and separate as means of enforcing compliance to this code.
(E) Refusal to pay impounding costs; affidavit. Whenever an owner, his or her agent, or representative fails or refuses to pay expenses of removal and storage of a motorized and/or non-traditional vehicle impounded, in addition to and separate from the penalty incurred by him or her, the police officer discovering the motorized and/or non-traditional vehicle parked or left standing, illegally, shall file or cause to be filed, in any court having jurisdiction, an affidavit charging the owner, his or her agent, or representative with the committed offense. The person so charged shall be cited to appear on a certain day and hour to answer and stand trial upon the charge. The police officer, who executed the affidavit, shall be present and assist in the prosecution of the charge.
(F) Pending a hearing upon the charge, the owner, his or her agent, or representative may obtain possession of the impounded motorized and/or non-traditional vehicle by filing a bond with the clerk of the court of $20 plus accrued towing and storage charges, or in another reasonable sum fixed by the judge of the court, conditioned upon the appearance of the owner, his or her agent or representative before the court at the day and hour set for trial, to answer the charge in the affidavit.
(G) In the event the judge finds the motorized and/or non-traditional vehicle to have been properly towed and/or impounded, the judge shall, in all instances, not only assess the penalty prescribed herein, or by law for the violation, but in addition thereto, shall determine and assess against the defendant whatever amount, within the limits prescribed by this chapter, the judge finds from the evidence is a fair and equitable reimbursement to the town or other persons, for the removal expense for impounding and storage of the motorized and/or non-traditional vehicle, plus attorney fees incurred by the town. However, in no event, shall the sum assessed for impounding be more than the maximum amount in this chapter, but the charge shall be additional to the assessment of the reasonable charges for the towing and storage of the motorized and/or non-traditional vehicle, not exceeding the towing and storage charges herein provided for.
(H) Returning car to owner. In the event that the judge finds from the evidence that the motorized and/or non-traditional vehicle was not parked or left standing in violation of any provisions of this code, or other ordinance or statute, as charged in the affidavit, the judge shall order the motorized and/or non-traditional vehicle restored to the owner, agent or representative without any penalty or the assessment of any charges made against him or her.
(I) Impounding and storing motorized and/or non-traditional vehicles. Independent of, and in addition to the remedy, action, and assessment of any penalty provided for such violations, a police officer may order and effect the removal of the motorized and/or non-traditional vehicle from the street or other public place and may cause it to be impounded and stored, as provided for in this chapter, and any action against or charges assessed against or paid by or for the person as a result of impounding and storage shall be wholly distinct from and independent of any offense and penalty which may be assessed against and paid by or for the person.
(J) Any and all sums collected in excess of the expenses incurred for towing and/or storage of an impounded motorized and/or non-traditional vehicle shall be deposited into the local law enforcement continuing education fund for expenditure in compliance with the ordinance creating said fund.
(K) Except as otherwise provided in this chapter, whoever violates any provisions of this chapter shall be fined not more than $200. Whoever violates any provision of this chapter, and whose motorized and/or non-traditional vehicle has been impounded, towed in, and stored pursuant to this chapter’s provisions, in addition to and independent of the payment of all aforesaid costs and charges incurred by the tow-in, impounding and storage, shall complete a tow/impound release form and pay the sum of $20 before said motorized and/or non-traditional vehicle shall be released. Each violation shall constitute a separate offense in addition to any separate charges incurred by reason of each separate offense.
(Ord. 2010-3A, passed 4-5-10; Am. Ord. 2014-4A, passed 4-21-14)