(A) The members of the Police Department may remove a vehicle from a public street, sidewalk, or other public place within the city to a garage or other place of safety or to a garage designated by the Police Department when that vehicle is:
(1) Left unattended on any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic.
(2) On a street and is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such extent as to be unable to provide for its custody or removal, or when a vehicle on a street is so disabled as to constitute an obstruction to traffic and the person in charge of such vehicle or the owner of such vehicle allows and permits such vehicle to remain standing or parked upon the street for a period of time in excess of 72 hours.
(3) Left unattended on a public street, public alley, municipal parking lot owned and operated by the city, or a public sidewalk, and is parked illegally in such a manner as to constitute a definite hazard or obstruction to the normal and safe movement of traffic, or in the case of a vehicle improperly parked on a municipal parking lot where such vehicle is parked in such a manner as to obstruct the normal and safe movement and parking of vehicles on such municipal parking lot.
(4) Parked in violation of official signs other than parking meters regulating the standing of vehicles.
(5) Left standing or parked on a public street because the operator of the vehicle has been arrested and taken into custody by a member of the Police Department or other law enforcement body.
(B) Whenever an officer removes a vehicle as authorized under this section, he shall enter such fact on the records of the Police Department maintained for such purpose, and such record shall be kept to show the type of vehicle, name of the registered owner thereof, license number thereof, and the name and address of the operator of such vehicle at the time it became impounded, if such information is available to such officer. Thereafter, on the request of the owner of any such vehicle for the return of his vehicle, the Police Department shall issue its order directing the owner of the garage to which such vehicle had been removed to forthwith return such vehicle to its owner or his agents or representatives on payment of the charges incurred as a result of such vehicle being towed to a place of safety.
(C) Whenever an officer removes a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner thereof, or for any other reason is unable to give notice to the owner of its being impounded, and in the event the vehicle is not returned to the owner within a period of three days, the Police Department shall send a written report of such removal by mail to the State Bureau of Motor Vehicles, and shall file a copy of such notice with the proprietor of the garage in which the vehicle is stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reason for such removal, and name of the garage or place where the vehicle is stored.
(D) A police officer having probable cause to believe a person has violated § 70.09 above may immediately confiscate the motorized vehicle or pocket bike and remove it to a garage or other place of safety as designated by the Police Department.
(1) Whenever an officer removes a motorized vehicle or pocket bike as authorized under this section, he or she shall enter such fact on the records of the Police Department maintained for such purpose, and the records shall be kept to show the type of vehicle, name of the registered owner, license number, and the name and address of the operator of the vehicle at the time it became impounded, if that information is available to the officer.
(2) Thereafter, on the request of the owner of any such vehicle for its return, the Police Department shall issue its order directing the owner of the garage to which the vehicle had been removed to return the vehicle to its owner, or his or her agents or representatives, on payment of the charges incurred as a result of the vehicle being towed to a place of safety.
(E) For purposes of this section, the Common Council hereby finds that there is a compelling governmental interest in imposing the following discretionary penalty section for minor children, in order to encourage parental intervention and responsibility for the violations of § 70.09 by the minor children.
(1) The city further finds that impoundment is more likely to prevent repeat offenses by minors than the imposition of monetary penalties.
(2) In lieu of the penalty described in division (D), any police officer may, at his or her discretion, utilize the following penalty provisions for violations by minor children.
(a) First offense. On the child's first offense in a 365-day period, the city shall issue a written warning and notification to the child's parent or guardian of the violation.
(b) Second offense. On the child's second offense in a 365-day period, the city shall issue a written notice of violation, and the investigating officer may take custody of the motorized vehicle or pocket bike and hold it for safekeeping for 60 days or until it is claimed by the child's parent or guardian. The child's parent or guardian shall be responsible for any charges incurred by the city for impounding the motorized vehicle or pocket bike, including but not limited to towing and storage.
(c) Third and subsequent offense(s). On the child's third offense in a 365-day period, the city shall include a civil fine, not to exceed $100. The arresting officer may take custody of the motorized vehicle or pocket bike and hold it for safekeeping for 60 days. An officer or his or her superior may waive the imposed civil fine and/or impoundment, if the parent and child agree to the child’s attendance and completion of a motorized vehicle safety course.
('75 Code, § l5-22) (Am. Ord. 2005-6394, passed 11-14-05)
Statutory reference:
Impoundment, see IC 9-22-1-11