A. Authority To Remove: Members of the police department are hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety or to a garage designated or maintained by the police department, or otherwise maintained by this city under the circumstances hereinafter enumerated:
1. When any vehicle is left unattended upon any bridge, viaduct or causeway or in any tube or tunnel where such vehicle constitutes an obstruction to traffic.
2. When a vehicle upon a street is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is unable by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
3. Whenever any vehicle is found by a police officer parked or left standing in the streets or alleys of the city in violation of the provisions of this code.
B. Notice To Sheriff: Whenever an officer removes a vehicle from a street as authorized in this section, such officer shall immediately notify the sheriff's office of such removal, such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal and the name of the garage or other place where such vehicle is stored.
C. Removal; Impoundment: Any police officer is hereby authorized to take possession of any motor vehicle owned by any person that has violated any of the provisions of this chapter, and has authority to remove such vehicle from the street, alley or other public places, where the violation occurs, and to store and keep possession thereof until the owner of such vehicle appears and claims the same.
D. Costs: The cost of towing or removing such vehicle and costs of storing the same shall be chargeable against the vehicle and shall be paid by the owner of the vehicle before the same shall be released. The vehicle may be stored in a public or private place. Storage fees of such vehicle are found in section 1-12-9 of this code.
E. Filing Of Complaint: The taking of possession of a vehicle for violation of a traffic ordinance shall not prohibit the filing of a complaint for the violation of a traffic ordinance as herein above provided.
F. Liability For Damages: The city or the police department of the city, or any member thereof, shall not be liable for any damages or loss of said removed vehicle, except in the case of gross negligence. (Ord. 02-2003, 5-20-2003)