(a) Whenever, during any period of twenty-four hours or less, snow falls in the City or in a section thereof, to a depth of two inches or more, a snow emergency is declared to exist in that such a snow storm constitutes a serious public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection and other vital facilities of the City. In such emergency, parking is prohibited on any public street, avenue, road, alley, highway, lane, path, or other public place located in the City, and established for the use of motor vehicle.
(b) Whenever conditions exist such that the removal of snow is necessary, the Mayor, Director of Public Services, or their authorized representatives, may declare an emergency parking ban effective for the entire City, and in such event parking is prohibited on all City streets. Any emergency shall continue until an announcement by the Mayor or Director of Public Services that snow plowing operations have been completed. During the time a snow emergency exists, the Mayor, Public Service Director, or their authorized representatives shall request the cooperation of the local newspaper, radio and television stations to announce the snow emergency and the time that emergency parking prohibitions will become effective, which time shall be no sooner than twelve hours after the first announcement. Such announcement by local or area radio stations, or local or area television stations, or in a daily newspaper of general circulation of this City, shall constitute notice to the general public of the existence of the snow emergency. However, the owners and operators of motor vehicles shall have full responsibility to determine existing weather conditions and to comply with the snow emergency parking prohibitions set forth herein.
(c) Whenever any motor vehicle without a driver is found parked on a street past twelve hours after the announcement of a snow emergency parking ban, the officer finding such motor vehicle shall take its registration number and any other information displayed on the vehicle which may identify its owner or user and shall conspicuously affix to such vehicle a traffic citation for the driver or owner to answer the charge against him within the number of days and during the hours and at the place specified in the traffic citation. The fine imposed for said violation shall be ten dollars ($10.00) for a first offense and fifty dollars ($50.00) for each subsequent offense within one year of the first offense.
(d) (1) In addition, officers of the Police Department are hereby authorized to remove, or cause to be removed a motor vehicle from a snow emergency street to a garage or designated area maintained by the Police Department when a motor vehicle is parked on a snow emergency street on which a parking prohibition is in effect as described in subsection (b) hereof. Any costs incurred in such removal and storage shall be paid for by the owner of the vehicle and such costs shall be in addition to any fines or penalties which may be imposed on the owner or operator of the vehicle pursuant to subsection (c) hereof.
(2) Whenever an officer has removed or caused to be removed a motor vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records of the vehicle the name and address of the owner thereof, such officer shall immediately give, or cause to be given, notice in writing to such owner of the fact of such removal and the reason therefor, and the place to which such motor vehicle has been removed. In the event any such motor vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.
(3) Whenever an officer removes or has removed a motor vehicle from a street as authorized in this section and does not know nor is able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner, and in the event the motor vehicle is not returned to the owner within a period of three days, then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the Registrar of Motor Vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the motor vehicle may be stored. Such notice shall include a complete description of the motor vehicle, the date, time and place from which removed, the reasons for such removal and the name of the garage or place where the motor vehicle is stored.
(4) No person shall recover any motor vehicle removed in accordance with this section except as provided herein. Before the owner or person in charge of such motor vehicle shall be allowed to recover it from the location where it has been placed, he shall present to a member of the Police Department, evidence of his identity, ownership or right to possession of the motor vehicle. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded, or as the court may require, post a bond in an amount set by the court, to appear and answer such violations. The garage operator shall release such motor vehicle upon receipt of the release form and payment of all towage and storage charges.
(5) It shall be the duty of the Police Department to keep a record of each motor vehicle removed in accordance with this section. The record shall include a description of the motor vehicle, its license number, the date and time of its removal, where it was removed from, its location, the name and address of its owner and its final disposition.
(6) This section shall be supplemental to any other provisions of law granting members of the Police Department authority to remove motor vehicles.
(Ord. 6730-96. Passed 2-12-96.)