§ 70.40 AUTHORITY OF POLICE OFFICERS.

   (A)   Any police officer may impound and cause to be towed any motor vehicle which falls within any of the following categories.

      (1)   Stolen.

      (2)   Parked in violation of law.

      (3)   Involved in an accident.

      (4)   Declared delinquent because of two or more outstanding traffic citations which have not been paid or registered for court in accordance with the provisions of the code of ordinances.

      (5)   Does not display currently valid license plates.

      (6)   Parked so as to block ingress or egress to a street, alley, roadway, driveway, parking facility, or loading facility.

      (7)   In the possession of a physically arrested person.

      (8)   Driven by a person who is under the influence of alcohol or drugs or a combination thereof.

      (9)   The person in possession of the motor vehicle requests it to be impounded for safekeeping.

   (B)   A motor vehicle which is subject to impoundment under divisions (7) and (8) above shall not be impounded if title or right to possession of the motor vehicle can be readily established at the location where the motor vehicle is initially stopped by either the driver of the motor vehicle, the person in possession of the motor vehicle, or the person to whom possession of the motor vehicle is to be given, and if the motor vehicle can be safely and legally parked at its location; or the driver is able to arrange for someone to take care of the motor vehicle after being given a reasonable opportunity to do so. However, the driver may request that the motor vehicle be impounded for safekeeping after being advised of his driver's rights under this division (B).

   (C)   All motor vehicles impounded pursuant to divisions (A) (7) and (A) (8) above shall be released on payment of the city rate within 24 hours after impoundment where special equipment or handling is not required to accomplish the impoundment of the motor vehicle. A driver in police custody shall be given an opportunity to arrange for someone to retrieve the motor vehicle. The motor vehicle may be retained, when necessary, for other lawful enforcement purposes.

('83 Code, § 70.40) (Ord. 0-9-82, passed 6-7-82; Am. Ord. O-19-99, passed 9-20-99)

Cross-reference:
   Abandoned vehicles, see Chapter 90