(a) Authority to establish City vehicle pound. The Mayor is hereby authorized to establish, by contract or otherwise, an official vehicle pound for the City for the storage of vehicles authorized to be impounded by the provisions of this Traffic Code and such place shall be known as the City Vehicle Pound.
(b) Vehicle violations. Members of the Police Department and Meter Maids and persons otherwise specifically authorized by contract with the City of Lima are hereby authorized at their option to attach a device commonly known as a "Texas Boot" or "Auto-Boot" to any vehicle on a public street or thoroughfare, or to remove or cause to be removed any vehicle from a public street or thoroughfare to the City Vehicle Pound, under any of the following circumstances:
(1) When any vehicle is left unattended, parked or abandoned upon any public way or in any public park in violation of any provision of this Traffic Code pertaining to parking, except that in the case of a vehicle which has been tagged for illegal overtime parking only, no impounding shall take place until and unless such vehicle remains at the place where tagged for more than two hours after being so tagged;
(2) When any vehicle is left unattended upon any public way or in any public grounds or any public park where such vehicle constitutes an obstruction to traffic;
(3) When any vehicle has been operated by any person in violation of any of the provisions of this Traffic Code and the driver or operator of such vehicle has been removed due to illness, injury, intoxication or other disability or has been taken into custody by any police officer;
(4) When any vehicle has been operated by a person upon a public way or in a public park without an operator's license or during a period of revocation of such license;
(5) When any vehicle has been operated upon a public way or in a public park by a person who refuses to obey the instructions of any police officer after such person has been placed under arrest;
(6) When three or more citation tags for violations of this Traffic Code have been issued and the owner or operator of a vehicle has failed to respond to such citation tags and such vehicle is found upon a public way or in a public park;
(7) When any vehicle has been stolen or has been operated without the consent of the owner;
(8) When any vehicle is found on a public way or in a public park in a disabled or wrecked condition or in a mechanical condition hazardous to continued operation;
(9) When any vehicle is operated by a person engaged in or connected with the commission of a felony; or
(10) When any vehicle is found on a public way or in a public park, or has been operated upon a public way or in a public park, without proper registration or the display of license plates as required by state law, or is in violation of Section 436.15.
(c) Order for release of vehicle. Any vehicle found under any of the circumstances mentioned in division (b) of this section may be removed by any police officer or the City Code Enforcement Officer, or, upon instructions of such officer, by any person designated by the Mayor as City Vehicle Pound custodian, his agents or servants, from any public way or from any public park by towing or otherwise to the City Vehicle Pound, where the same shall be kept and detained until the owner, chauffeur, driver or other person in charge of such vehicle secures a written order from the Chief of Police or any member of the Police Department designated by him or her, authorizing that such vehicle be released from the City Vehicle Pound.
(d) Removal of vehicle at owner's risk; costs. The removal by a police officer or other authorized person of any vehicle subject to the provisions of this Traffic Code shall be at the risk of the owner or person in charge thereof, and the expense of removal, conveyance, towing and storage thereof at the City Vehicle Pound shall be borne by the owner, chauffeur, driver or other person in charge thereof and shall be paid before the vehicle is released from the Pound. The cost to remove the "Texas Boot" or "Auto Boot" shall be $35, which shall be paid before its removal.
(e) Cost of removal and storage not a release from penalty. The expense of removal and storage of a vehicle impounded, or the removal of the "Texas Boot" or "Auto Boot" pursuant to the provisions of this Traffic Code, shall not release the owner, chauffeur, driver or other person in charge of such vehicle from the penalty imposed for violation of any provision of this Traffic Code or state traffic law.
(f) Removal service charge.
(1) No vehicle impounded under the provisions of this chapter shall be removed from the City Vehicle Pound except upon the payment by the owner, chauffeur, driver or other person in charge of such vehicle of towing and storage charges as established by the City Vehicle Pound custodian.
(2) Such custodian shall keep a record of all fees collected and of all vehicles impounded, which records shall also contain information concerning the facts surrounding the seizure of the vehicle, a description of the vehicle, the time when such vehicle is released and other data pertinent thereto. Such records shall be kept for a period of one year from the date of the impoundment.
(g) Failure to reclaim vehicle. If, at the expiration of ten days after any vehicle has been impounded, the owner, chauffeur, driver or other person in charge thereof has not appeared at the Police Department to claim the vehicle, the Chief of Police shall immediately cause a search to be made of the records of the State Bureau of Motor Vehicles to ascertain the owner and any lienholder of such motor vehicle, and, if known, shall send notice to such owner and lienholder at his last known address by certified mail, return receipt requested, that the motor vehicle will be declared a nuisance and disposed of if not claimed within ten days of the date of mailing of the notice. When any owner, chauffeur, driver or other person in charge of the vehicle impounded presents himself at the Police Department to claim his vehicle, he shall furnish satisfactory proof of his right and title thereto to the person in charge.
(h) Protest against paying fees.
(1) In case protest against the payment of such fees is made by the claimant under oath, denying any violation charged to him, there shall be given to him by the person in charge at the Police Department a release form marked "paid Under Protest," which, together with the proper fees, shall be presented to the City Vehicle Pound custodian, or filed with the Lima Police Department in the case of the use of a "Texas Boot". It shall thereupon be the duty of the officer having knowledge of the facts to forthwith file or cause to be filed an affidavit in the Lima Municipal Court charging the owner, chauffeur, driver or other person in charge of such vehicle with a violation of a provision of this Traffic Code if such violation is claimed.
(2) If such person is subsequently found not guilty by the trial court of committing the violation on account of which the vehicle of such person was impounded, it shall thereupon be the duty of the Police Department to notify the City Vehicle Pound custodian of such fact. Any fees and charges so paid under protest shall be refunded by the City Vehicle Pound custodian, or the City of Lima in the case of the use of a "Texas Boot".
(3) If at any time it appears to the Chief of Police that such vehicle was erroneously impounded, such official shall be authorized to order the immediate release of such vehicle without requiring the payment of such charge and, when appropriate, he shall notify in writing the City Vehicle Pound custodian of such action and the reason therefor.
(i) Unclaimed vehicles. Whenever any vehicle impounded under the provisions of these Codified Ordinances is unclaimed for a period of 30 days by any person having the right of possession to such vehicle, the Chief of Police shall dispose of any such vehicle to a junk yard, scrap metal processing facility or any facility under contract with the City for the disposal of such motor vehicle, if such vehicle has a fair market value of $200 or less. Any such vehicle which has a fair market value of more than $200 shall be sold under the direction of the Chief of Police at public auction to the highest bidder after notice of such auction has been advertised by publication once a week for two successive weeks in a newspaper of general circulation in the City. Any moneys accruing from the disposal of any unclaimed motor vehicle, in excess of the expenses resulting from removal and storage of such vehicle, shall be credited to the General Fund of the City.
(Ord. 149-92. Passed 11-23-92.)