(a) Removing and Impounding Authorized. Any police officer of this City is hereby authorized to remove or cause to be removed from the streets, alleys, highways, public or private lots or lands provided for use by the general public or from any park, playground, school ground, recreation area or sidewalk any motor vehicle, trailer, vehicle or part thereof which fails to comply with the provisions of the Traffic Code relative to equipment or licensing; any vehicle for which one or more citations have been issued for violations of the Traffic Code and the owner or operator has failed to respond to such citations; any vehicle from which the driver has been removed due to injury or illness or has been arrested and taken into custody; any vehicle which was operated by a person who has failed to stop in case of an accident; any vehicle being operated by a person without an operator's or chauffeur's license or who is operating while under revocation or suspension of his driving privileges; any vehicle parked on any street or portion thereof closed to vehicular traffic or parking which is in the process of construction, reconstruction, cleaning or repair so long as such prohibition or regulation is clearly posted for more than twenty-four hours before such impounding occurs; or any vehicle that constitutes an obstruction or hazard to public safety, including where temporary no parking signs designate special events, street cleaning, or snow removal operations.
(Ord. 91-25. Passed 9-3-91; Ord. 2022-17. Passed 10-3-22.)
(b) Vehicles Involved in Other Crimes. Any police officer of this City is hereby authorized to remove or cause to be removed from the streets, alleys, highways, public or private lots or lands or from any park, playground, school ground, recreation area or sidewalk any motor vehicle, trailer, vehicle or parts thereof, which was involved in an accident and the operator failed to stop; any vehicle which has been reported stolen and recovered in this City and any vehicle used in the commission of a crime.
(c) Safekeeping of Valuables. Any vehicle impounded or removed to a place of storage shall be examined by a police officer of this City for contraband, evidence of a crime and personal effects or merchandise having a reasonable and fair value of twenty-five dollars ($25.00) or more and such personal effects and merchandise shall be removed and held in safekeeping for the owner. Such removal shall not include spare tires or wheels, normal tools or jacks, gasoline or any accessory or part affixed to the vehicle.
(d) Owner Responsible for Charges. All such vehicles so removed shall be taken to a place of storage or some other location reasonably within the area and any and all costs for the removal and storage shall be borne by the owner or person in charge thereof and shall be payable and due in cash before release of the impounded vehicle.
(e) Proof of Ownership for Release. No impounded vehicle shall be released without documentary evidence as to the claimant's right to the vehicle or a written authorization from the registered owner for its release, except in the case of a bona fide lien holder claiming the vehicle or upon order of a court.
(f) Liability for Vehicle. The removal or cause for removal of any vehicle shall be at the risk of the owner or person in charge thereof and there shall be no liability on the part of the officer ordering the removal, the Division of Police nor the City or any agency, business, firm or corporation removing or storing the vehicle.
(g) Reimbursement of Fees. In the event payment is made for the impounding and storage of a vehicle and the operator or owner is found not guilty by the trial court of committing the violation on account of which the vehicle of such person was impounded or if such offense is dismissed, then the Safety Director shall cause to be refunded to such person upon demand, the set fee and storage charge paid by the person.
(Ord. 13-78. Passed 5-1-78.)
(Ord. 13-78. Passed 5-1-78.)
(h) Penalty. Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.