§ 74.153  IMPOUNDMENT.
   (A)   Authority to impound vehicles.  Members of the Police Department are hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety or to a garage designated or maintained by the Police Department or by this municipality, under the circumstances hereinafter enumerated.
      (1)   When any vehicle is left unattended upon any bridge where such vehicle constitutes an obstruction to traffic.
      (2)   When a vehicle upon a street or public right-of-way is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal.
      (3)   When a vehicle is found being operated upon the streets and not in a condition to be safely operated.
      (4)   When any vehicle is left unattended upon a street or public right-of-way and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
      (5)   When any vehicle is left unattended upon a street or public right-of-way continuously for more than twenty-four (24) hours and may be presumed to be abandoned.
      (6)   When the driver of such vehicle is taken into custody by the Police Department and such vehicle would thereby be left unattended upon a street or public right-of-way.
      (7)   When the removal is necessary in the interest of public safety because of fire, flood, storm or other emergency reason.
      (8)   No vehicle impounded in an authorized garage as herein provided shall be released therefrom until the charges for towing such vehicle into the garage and storage charges have been paid.  The charge for towing or removal of any such vehicle and storage charges shall be fixed by the city, such charges to be based upon a computation of all actual expenses entering into the current cost of such services.  Such charge, or charges shall be posed by public inspection in the office of the County Clerk and in any authorized garage.
      (9)   When a vehicle is left in violation of a parking control device which informs vehicle operators that the area in which the vehicle is parked is an official tow-away zone.
   (B)   Notice of impounding.  Whenever a law enforcement officer removes a vehicle from a street as authorized in division (A) of this section, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall immediately give or cause to be given notice to such owner of the fact of such removal, the reasons for such removal, and of the place to which such vehicle has been removed.  In the event any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage.
   (C)   Authority to remove and impound vehicles standing in violation of certain provisions.
      (1)   Whenever any law enforcement officer finds a vehicle standing upon a street or alley in violation of any of the provisions of this chapter, such officer is hereby authorized to move such vehicle or require the driver or person in charge of the vehicle to move the same to a position off the paved or improved or main traveled part of such street or alley.
      (2)   Whenever any law enforcement officer finds a vehicle unattended upon any street, bridge or in any tunnel within this municipality where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle in accordance with the provisions of divisions (A) and (B) of this section.
(Ord. 2007-23, passed 4-5-07)