(A) There is hereby created in the city a pound for the impounding of motor vehicles to be known as the automobile pound. The Police Chief is hereby empowered and directed to locate such pound on such portion or portions of streets or grounds of the city as may seem appropriate for such purpose, and may change the location of such pound whenever such change appears to be necessary or desirable. A police officer may remove and convey, or cause to be removed and conveyed by towing or otherwise, to the automobile pound any vehicle that has been parked or left standing in any street, alley, municipal off-street parking lot or other public way or place of the city in violation of any provision of this chapter. This remedy shall be cumulative to and not exclusive of other remedies provided by this chapter. No vehicle so impounded shall be discharged or removed from the pound except upon payment by the owner, driver or operator of such vehicle of a fee of $1 to the person in charge of such pound, for each day such vehicle has been in such pound, and a reasonable towing charge for removal of such vehicle to such pound, cost that the storage company charges the city will also be passed on to the owner of the vehicle.
(B) When the owner or driver of the vehicle so impounded presents himself or herself at the pound to claim such vehicle, it shall be the duty of the officer in charge to inform such person of the nature and circumstances of the alleged violation on account of which such vehicle has been impounded. If such owner or driver executed an affidavit denying the facts upon which the impounding of such vehicle has been based, and protesting against the payment of the above-enumerated fees, there shall be given him or her by the officer in charge of such pound, upon payment by such person of such charges a receipt therefor marked “Paid Under Protest.” In such case, it shall be the duty of such officer having knowledge of the facts forthwith to make complaint in the County Court, charging the owner or driver of such vehicle with the violation or violations for which such vehicle was impounded. Such charge shall be tried and determined by the County Court in the same manner as other violations of city ordinances are tried and determined by such court. If upon such trial such person is found by the court to be not guilty, it shall be the duty of the Police Chief to refund to such person the fees paid under protest.
(C) All vehicles impounded and remaining in such pound for a period of 60 days or more, which include the notice period described in this section, may be sold to pay the storage charges, towing charges and fee of $1 to the person in charge of such pound. Before an impounded vehicle is sold, the City Clerk-Treasurer shall notify the registered owner or owners of the vehicle of the time and place of the sale. Notice to the owner or owners shall be given by mailing a registered letter, with a return address marked thereon, addressed to the owner or owners at the address shown upon the registration certificate, if any, of the impounded vehicle, and stating the time and place of sale. Such notice shall be mailed at least 30 days before the date of sale. In addition to the notice by registered letter to the owner or owners of the impounded vehicle as provided in this section, there shall be a notice of sale given by publication for two successive weeks in a legal newspaper, of general circulation in the community in which such sale is to be held, or by posting such notice in not less than three conspicuous places in such community. Such notice of sale shall state the name of the owner or owners or the person or persons on whose account the vehicle is held, the make, model, type, serial number and motor number of the vehicle, and the time and place of sale. The sale shall be held not less than 15 days after the first publication or posting of such notice.
(D) Any proceeds from the sale of an abandoned vehicle, less the removal and storage charges and expenses, including publication fees and attorneys’ fees, if any, of sale, shall be held by the City Clerk-Treasurer, without interest, for the benefit of the owner of such vehicle for a period of two years. If not claimed within such two-year period, such proceeds shall be paid into the General Fund of the city.
(E) The Police Chief shall keep a record of the name of the owner of each vehicle impounded, the number of the registration plate of such vehicle, the nature and circumstances of each violation involved and the disposition of each case.
(F) Neither the owner, lessee, nor occupant of the premises from which any abandoned vehicle shall be removed nor the city shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the city or its contractual agent, or as a result of any subsequent disposition.
(G) The last registered owner of an abandoned vehicle shall be liable to the city for the costs of removal and storage of such vehicle and the expense, if any, of sale thereof. If such costs and expense exceed the proceeds realized upon a sale of the vehicle, such owner shall be liable to the city for the excess.
(H) A charge filed as provided in this section shall be tried and determined by the County Court in the same manner as other charges of violations of ordinances of the city are tried and determined. In addition, if the person charged is found by the court to be guilty, the impounded vehicle shall be sold as provided in this section. If, on the other hand, the person is found by the court to not be guilty, the automobile shall be released to such person, and the City Clerk-Treasurer shall refund to such person the amount, if any, of removal and storage charges which such person has paid under protest.
(I) Nothing in this section pertaining to the impounding of vehicles shall be construed as superseding any other section of this code concerning the proper parking or operation of vehicles of any character in the city, nor shall the impounding of any vehicle and the collection of the charges and expenses in connection therewith, as provided in this section, prevent or preclude prosecution for the violation of any other provisions of any other section concerning the parking or operation of vehicles in the city.
(Prior Code, § 5-617)