A. Authority To Remove: Any city law enforcement officer within the city where a vehicle is located, who has reasonable grounds to believe that the vehicle has been abandoned, may remove the vehicle from a highway, street, alley, roadway, or right of way thereof, or from public or private property to a garage or place of safety.
B. Notice Of Intent To Tow Away: Upon discovery of an abandoned vehicle which is not within the class of vehicles defined under "emergency circumstances" in section 4-2-3, a city law enforcement officer shall attach on the vehicle, in plain view, a notice that this vehicle will be towed away at the expiration of forty eight (48) hours as an abandoned vehicle. The notice shall contain the name of the city law enforcement officer who prepared the notice; the time and date after the vehicle will be removed; the telephone number and address at the city where further information can be obtained. A reasonable attempt shall be made to notify, by telephone, the owner of any vehicle which has current license plates and registration as shown on the records of the Idaho transportation department, prior to the expiration of the forty eight (48) hour notice period, of the location of the vehicle and the time and date of intent to remove the vehicle. The inability of a city law enforcement officer to notify the owner shall not preclude the removal of the vehicle at the expiration of the forty eight (48) hour period.
C. Absence Of License Plates: Any vehicle which does not have current or any license plates attached may be immediately removed to a safe place of storage. (Ord. 467, 7-26-2000)
5-2-6-5: POST STORAGE HEARING:
A. Opportunity For Hearing: Whenever a city law enforcement officer directs the towing or storage of a vehicle, except vehicles impounded for investigation pursuant to section 4-2-6-3 of this chapter (the emergency removal provision), the city shall provide the vehicle's registered and legal owners of record, or their agents, with the opportunity for a post storage hearing to determine the validity of the storage.
B. Notice Of Storage: A notice of the storage shall be sent by certified mail to the registered and legal owners within forty eight (48) hours, excluding the weekends and holidays, and shall include the following information:
1. The names, address, and telephone number of the city providing the notice;
2. The location of the place of storage and description of the vehicle which shall include, if available, the name or make, identification number, the license plate number, and the mileage;
3. The authority and purpose for the removal of the vehicle; and
4. In order to receive a post storage hearing, the owners, or their agents, must request the hearing, in writing, within ten (10) days of the date of the notice. Any such hearing shall be conducted within forty eight (48) hours of the request, excluding weekends and holidays. The city may authorize its own city law enforcement officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the storage of the vehicle.
C. Failure To Request Or Attend Hearing: Failure of either the registered or legal owner, or his agent, to request or to attend a scheduled hearing shall satisfy the post storage hearing requirement as to that person.
D. Exception: The provisions of this section shall not apply to vehicles removed from private property pursuant to section 4-2-6-6 of this chapter.
E. Cost Of Storage: The city shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that probable cause for storage cannot be established. (Ord. 467, 7-26-2000)