CHAPTER 9
TOWING AND IMPOUNDMENT PROCEDURES

SECTION:

9-9-1: Towing And Impoundment Of Abandoned Vehicles; Notices

9-9-2: Towing And Impoundment Of Certain Illegally Parked Vehicles

9-9-3: Vehicles Towed And Impounded Pursuant To Arrest Of Driver

9-9-4: Impoundment For Accumulated Parking Violations

9-9-5: Emergency Towing And Impoundment

9-9-6: Entry Into Vehicles To Be Towed Or Impounded Restricted

9-9-7: Impoundment Location

9-9-8: Records Kept

9-9-9: Nonapplicability To Vehicles As Evidence In Criminal Cases

9-9-10: Hearing For Objection To Towing And Impoundment

9-9-11: Redemption Of Towed And Impounded Vehicle

9-9-1: TOWING AND IMPOUNDMENT OF ABANDONED VEHICLES; NOTICES 1 :

   A.   

      1.   Towing And Impoundment Authorized: The department may tow and impound or have towed and impounded any vehicle abandoned, provided the department has notified the owner or person claiming rightful possession that the vehicle will be towed and impounded if the vehicle is not removed within seventy two (72) hours of the time a towing notice is posted. Notice shall be deemed posted by securely attaching the notice to the driver’s side window of the vehicle. The notice shall state the date and time the notice is attached to the vehicle, the intent to tow the vehicle seventy two (72) hours after the posting, the reason for the notice to tow and that all costs of removal, notification and storage must be paid before the vehicle may be reclaimed. This notice provision shall not be required in the case of a vehicle parked on or in a public street or alley determined by the department to create an immediate hazard to vehicle or pedestrian traffic.

      2.   Towing and Impoundment of Illegally Parked Vehicle in Parking Lot: Vehicles parked in a city owned or operated parking lot may be towed and impounded twenty four (24) hours after the posting of notice to that effect. This notice provision shall not be required in the case of a vehicle determined by the department to create an immediate hazard to vehicle or pedestrian traffic.

   B.   Notice After Impoundment And Prior To Sale:

      1.   When a vehicle has been impounded under the provisions of this title or seized under any provision of the laws of the state, the department shall follow the procedures determined by state law for giving notice to the owner, lien holders of record and any other known claimant to the vehicle of the impoundment and the proposed sale of the abandoned vehicle.

      2.   If the vehicle was found and impounded under this title, the notice shall state that an objection may be made and a hearing held pursuant to section 9-9-10 of this chapter. (1994 Code; amd. Ord. 09-4348, 6-16-2009; Ord. 21-4850, 3-2-2021)

 

Notes

1	1. See title 6, chapter 1 of this code for nuisance provisions regarding inoperable/obsolete vehicles.

9-9-2: TOWING AND IMPOUNDMENT OF CERTAIN ILLEGALLY PARKED VEHICLES:

Notwithstanding subsection 9-9-1A of this chapter, any vehicle illegally parked and left unattended as described herein is hereby declared a public nuisance, per se, and may be towed and impounded by or under direction of the department without prior notice:

   A.   Any vehicle which substantially blocks a public or private driveway without the consent of the owner or person in control of the property.

   B.   Any vehicle which obstructs the movement of an emergency vehicle.

   C.   Any vehicle which obstructs or interferes with the use of a fire hydrant.

   D.   Any vehicle parked in violation of a posted parking regulation, where a temporary or permanent traffic sign indicates "Towaway Zone".

   E.   Any vehicle parked on a street or alley in a manner which obstructs pedestrian or vehicular traffic.

   F.   Any vehicle parked in violation of this title.

   G.   Any vehicle parked in the "library outside book drop off" space in violation of section 9-4-15 of this title.

   H.   Any vehicle parked in a designated bicycle lane in violation of subsection 9-4-1A22 of this title. (1994 Code; amd. Ord. 05-4178, 9-6-2005, eff. 9-15-2005; Ord. 22-4877, 3-22-2022)

9-9-3: VEHICLES TOWED AND IMPOUNDED PURSUANT TO ARREST OF DRIVER:

A vehicle may be towed and impounded by or under the direction of the department when the driver is arrested if:

   A.   The arrested person consents to the impoundment; or

   B.   The vehicle is not legally parked or will constitute a traffic hazard if left at its location at the time of arrest, and the arrested person is either unable or unwilling to move it or have it moved; or

   C.   The vehicle may be towed and impounded pursuant to a provision of this title. (1994 Code)