(a) “Vehicle” Defined. Whenever in this section, or in any rule or regulation authorized by it, the word “vehicle” is used, it shall mean and include any device, equipment of contrivance for the conveyance, drawing, carrying or hauling of passengers or property, or both, upon the streets or alleys of the City, whether operated on wheels or runners or by other means, and whether propelled or drawn by mechanical means, by human power, or by horses or any other animals.
(Ord. 00-06. Passed 4-13-00.)
(Ord. 00-06. Passed 4-13-00.)
(b) Authority of Police to Remove, Etc., Certain Vehicles. Whenever any vehicle shall be found parked on the streets or alleys of the City in such a manner as to obstruct the passageway or driveway to any garage or other building; or whenever any vehicle shall be found parked in such a position that it obstructs the ingress and egress of any lane, street, alley or driveway, public or private; or when any vehicle shall be found parked or stopped in such a manner as to violate any provision of this chapter or other ordinance of the City, or be so parked as to interfere with the sweeping, cleaning, maintenance or repair of any street or alley, in any of such events, any such vehicle may be removed by any member of the Police Department or Police Department employee of the City, or such member or employee of such department may cause the same to be removed by other persons, either by driving or towing the same to a place of storage as provided by this section.
(c) Report Required; Notice to Owner. Any Police Officer or Police Department employee removing or causing any vehicle to be removed and stored for safe keeping under the provisions of this section shall, as soon as practicable, make a report of such action to the shift commander at the police station, such report shall include the license registration number, state of registration if any, make and type of vehicle, place of, and reason for, removal, as well as the place at which stored. If any such vehicle shall not be claimed within twenty-four hours from and after the time of such report either by owner or the person in charge thereof, the owner of such vehicle shall be notified by mail of the impounding thereof by the Clerk of the Police Court. Such notice shall include the facts and matters contained in the report and shall also notify such owner of the manner and terms upon which he/she may reclaim such vehicle.
(Ord. 2001-20. Passed 1-10-02.)
(d) Liability of Owner, Etc., for Costs Involved. The owner or person in charge of any vehicle impounded under the provisions of this section shall pay the costs of impounding, hauling, driving, towing and storing such vehicle, in addition to any fine and costs assessed against him/her for any violation of the provisions of this chapter or ordinance of the City resulting from the parking of such vehicle or otherwise, or arising out of any act resulting in the impounding of such vehicle.
(e) Hearing Upon Objection to Payment of Towing and Storage Charges. In the event that the owner of any vehicle impounded under the provisions of this section or his agent, objects to the payment of towing and storage charges, he/she may demand a hearing thereof before the Police Judge who shall have full authority to try and determine such matter. The decisions of the Police Judge in such matters shall be subject to the right of appeal to the Circuit Court of the County in the same manner as in other cases.
(f) City, Etc., Not Liable for Damage. The City, its agents, officers or employees shall not be liable for any damages to persons or property resulting directly or indirectly from any act done or performed under the provisions of this section.
(g) Authority of City Manager as to Rental of Storage Space, Towing, Etc., Contracts and Effectuating Rules and Regulations. The City Manager is hereby expressly authorized and empowered to rent suitable spaces in garages, parking lots or elsewhere for the storage and safekeeping of the vehicles impounded under the provisions of this section, and he/she is also hereby authorized and empowered to enter into contracts and agreements for the removal, towing and storage of vehicles coming within the provisions hereof, with persons having equipment suitable for the hauling away and towing of such vehicles. The City Manager is also hereby expressly authorized and empowered to issue and promulgate any suitable rules and regulations which he/she may deem proper or necessary in order to fulfill advance and carry into effect the purposes and provisions of this section.
(h) Sale of Unclaimed Vehicles.
(1) If any vehicle impounded and stored under the provisions of this section shall not be the owner, operator or other person entitled to the possession thereof within thirty days from and after the date the same is impounded, such vehicle may be sold at public auction by the Chief of Police of the City, or by the persons storing the same under provisions of this section, but before any such sale shall be made, ten days notice of the date, place and purpose of such sale with a description of the vehicle to be sold shall be served upon the owner of record of such vehicle by registered mail at his/her last known address and such vehicle by registered mail at his/her last known address and like notice of such sale shall be published once each week for two successive weeks prior to the date of such sale in a newspaper of general circulation in the City. If the owner of any such vehicle is unknown; then no notice to such owner shall be necessary but the newspaper publication shall be made and the facts with regard to the ownership of the vehicle set forth in such notice.
(2) In the making of any sale hereunder the Chief of Police may continue the same by verbal announcement at the time and place of such sale, and in the making of any such sale of any such vehicle he/she may act by agent or attorney.
(3) The proceeds from any such sale of any such vehicle shall be applied first, to the costs of such sale; second, to the hauling, towing and storage charges thereof; third, to the payment of any fine and costs incurred by reason of any violation of the provisions of this chapter or other Ordinance of the City; and fourth, to the payment of any bona fide lien owner who intervenes or establishes a bona fide claim of such sum. Any balance remaining shall be paid to the owner of such vehicle, if he/she is known, or if unknown, shall be paid to the general receiver of the Circuit Court of the County, to be disposed of by him/her as provided by the statutes of the State. In the event that no person shall claim any such funds in the hands of the general receiver for a period of twenty years, the principal of such fund together with the interest thereon shall be paid into a general fund of the City by the general receiver. (Ord. 00-06. Passed 4-13-00.)