(a) When the alarm system of a motor vehicle has been activated for at least 10 minutes and the motor vehicle is on public property or private property, a police officer may remove or cause to be removed the vehicle from the property to a storage area or other place of safety. The registered owner of the motor vehicle shall be responsible for all reasonable expenses, costs, and charges incurred by the deactivation of such alarm, and the removal and storage of such vehicle in accordance with this article.
(b) Upon discovery by a police officer of a motor vehicle that is or may become subject to removal pursuant to this section, the officer shall make reasonable efforts to locate the registered owner of the motor vehicle and request the silencing of the alarm system. If the registered owner refuses or is unable to immediately silence the alarm system or if, after reasonable efforts, the registered owner cannot be located, the motor vehicle may be removed.
(c) Before removing the motor vehicle, the police officer may authorize the tow service to deactivate the alarm system in accordance with § 15A-5.7.
(d) Whenever a police officer removes or causes to be removed a motor vehicle from property as authorized in this section, and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the registered owner of the vehicle, the officer shall immediately notify the police department dispatch office. The notification shall specify that the motor vehicle has been removed, the reason for the removal, and the place to which the vehicle has been removed.
(e) If the registered owner is unknown or cannot be ascertained, the police officer shall immediately notify the police department dispatch office that the registered owner is unknown. In the event the vehicle is not returned to the owner within a period of three days, then and in that event, the police department dispatch office shall immediately send or cause to be sent a written report of such removal by mail to the director of budget and fiscal services. Such report shall include a complete description of the motor vehicle, the license plate number of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the place to which the vehicle has been removed.
(f) This article is an ordinance authorizing the police to remove and store vehicles. As such:
(1) HRS § 290-10 shall apply to a motor vehicle that has been removed from property and stored pursuant to this section; and
(2) The director of finance may dispose of the motor vehicle in accordance with HRS § 290-10.
(1990 Code, Ch. 41, Art. 29, § 41-29.6) (Added by Ord. 90-3)