22-106.1 Abandoned Vehicle Definition
A. An employee authorized by the Police Department, may remove and convey any vehicle, or cause such vehicle to be removed and conveyed by means of towing or otherwise, to the automobile pound when such vehicle is found to:
1. Be parked, abandoned, or left standing in the streets or alleys of the City in violation of the provisions of this chapter; or
2. Have two (2) or more unpaid overdue parking tickets; or
3. Be a danger to the public, health, welfare and or safety,
B. A report documenting the reason for and the towing of the vehicle shall be completed by the Police Department employee and placed in a designated location for such reports. No impounded vehicle shall be released or removed from impoundment prior to the public sale provided for in §22-108 except by payment by the owner, operator, or driver of such impounded vehicle, of all unpaid overdue parking tickets, an impounding fee as set forth in the User Fee Schedule approved and adopted by the City Council, and any towing and storage charge assessed against such automobile as provided for in §22-107. Further, no impounded vehicle shall be released from impoundment without:
1. The person claiming the vehicle, or another person accompanying them, presenting for inspection a valid driver’s license; and
2. The vehicle being properly registered and insured for operation upon the roadway in accordance with State Statute.
3. In the event that conditions (B)(1) and (2) above cannot be met, the vehicle may be released to a towing service only after the owner arranges for the vehicle to be towed from the impoundment facility by the towing service and is not operated on the roadway.
C. When, and if, the owner, operator, or custodian of such automobile presents himself/herself at the Police Department, it shall be the duty of the Police Department to inform such person of the nature of the violation for which such vehicle was impounded. In case the owner, driver, or custodian of any impounded vehicle executes an affidavit denying the facts upon which the impoundment has been based, and protesting the payment of such impounding, towing, and storage fees, the receipt for the same shall be marked, "Paid Under Protest," and in such case it shall become the duty of the chief of police to make complaint in conformity with the provisions of this Code, or other ordinances of the City. If such person is charged with a felony or misdemeanor related to the offense for which the vehicle was taken into custody, but is not convicted, it shall be the duty of the chief of police to refund to such person the fees so paid under protest. Vehicles impounded as a nuisance or in violation of City Ordinance shall not be entitled to a refund of any fees.
D. Neither the owner, lessee, nor occupant of the premises from which any abandoned vehicle shall be removed, nor the City of Grand Island shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the City or its contractual agent, or as a result of any subsequent disposition.
E. It shall be the duty of the chief of police, or their designee, to account for any fees collected by the Police Department under the provisions of this section to the city treasurer, who shall place the same in the police fund. The chief of police, or their designee, shall keep a record of each impounded vehicle containing the name of the owner, the registration plate numbers, (if any), the make, model and year of the vehicle, the nature of each violation involved and the ultimate disposition of each impounded vehicle.
(Amended by Ordinance No. 9483, effective 05-13-2014)
HISTORY
Amended by Ord. 9962 on 2/14/2024