A. Purpose And Effect: The impoundment of vehicles under authority of this title shall be construed as an enforcement procedure for protection of the public peace, safety and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic law violations, protection of the public rights in the use of city streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting recovered stolen vehicles. (1997 Code § 15-1901)
B. Authority To Impound: Members of the police department are hereby authorized, within the authority granted by subsection A of this section, to impound vehicles under the provisions of this title. No impoundment shall be valid unless made under order of an authorized police officer. (1997 Code § 15-1902)
1. Disabled Vehicles: A disabled vehicle upon a street or highway may be impounded under the following circumstances:
a. If left unattended and improperly parked on a street or highway;
b. If left unattended longer than forty eight (48) hours on the shoulder of any highway; or
c. If the person in charge of the vehicle is physically incapacitated to such extent as to be unable to provide for its custody or removal. (1997 Code § 15-1903)
2. Vehicle Creating Traffic Hazard: A vehicle left unattended upon any street, alley or thoroughfare and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic shall be impounded. (1997 Code § 15-1904)
3. Illegal Trespass By Vehicle:
a. An unattended vehicle trespassing on property of another may be impounded when the required complaint has been properly made and filed as provided in this subsection B3.
b. If the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner's or legal occupant's property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing.
c. Upon filing the complaint by the property owner or legal occupant, and if there appears to be proper cause to believe a trespass has occurred, the property owner or legal occupant of the property may cause the vehicle to be impounded from the property and placed in storage. The police department may also cause such vehicle to be impounded where the police department determines that the location of the vehicle constitutes a threat to the public health or safety or is a public traffic hazard. (1997 Code § 15-1905)
4. Vehicle Blocking Fire Exit Or Hydrant: Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or exit, or blocks ready access to a fire hydrant, shall be impounded. (1997 Code § 15-1906)
5. Vehicle Unattended Or Disabled: Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled vehicle in an intersection with the person in charge of the vehicle being present shall be moved out of the intersection and to the nearest available legal parking space at the street curbing. (1997 Code § 15-1907)
6. Stolen Vehicle: Whenever a stolen vehicle is located by police, the vehicle may be removed to the nearest authorized place of impoundment, and the registered owner of the vehicle shall be notified of the location of the place of impoundment by the police department as soon as possible. (1997 Code § 15-1908; amd. 2014 Code)
7. Arrest And Detention Of Driver: Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leaves or will leave a vehicle unattended on any street or highway, the vehicle may be impounded. (1997 Code § 15-1909)
8. Unlicensed Vehicle: Any vehicle on public roads, streets or other public places which does not have a current state license tag may be impounded by the police if expired by ninety (90) days or more. (1997 Code § 15-1910; amd. 2014 Code)
C. Place Of Impoundment: Every vehicle that is impounded under the provisions of this section shall be removed to the nearest garage or place of safekeeping designated by the chief of police, and to no other place. (1997 Code § 15-1911)
D. Duration Of Impoundment; Release Of Vehicles:
1. Except as otherwise provided, any vehicle impounded under the authority of this section shall be stored and held until an order for its release is received from an officer of the traffic violations bureau or municipal court or other proper police officer.
2. The order of release of an impounded vehicle shall be conditioned upon the payment by the person to whom the release is issued of all impoundment costs and accrued storage charges assessed against the vehicle.
3. No order of release of an impounded vehicle shall be issued until all fines and costs due the city because of traffic law or other law violations involving the vehicle have been paid. (1997 Code § 15-1912)