(a) Purpose. This section is enacted as an enforcement procedure for the protection of the public peace, safety and welfare, and the safe guarding of property, and shall be used generally for the prevention and abatement of public nuisances arising from traffic law violations, and for the protection of public rights in the use of City streets and thoroughfares.
(b) Removal and Impoundment. Any vehicle having against it five or more unpaid summonses issued within the immediate twelve month period, charging that such vehicle was parked, stopped or standing, in violation of any law, ordinance or legal authority of the City, shall be deemed a public nuisance and the Police Department or any other agent of the City, to include Parking Meter Readers assigned traffic duty, are hereby authorized to remove, or cause to be removed such vehicle, at the sole cost and expense of the recidivus violator. Such agent authority of the City shall have the power and is hereby authorized to remove the vehicle by either private or governmental equipment to a bona fide storage facility as approved by the Chief of Police.
(c) Immobilization. Any unattended motor vehicle found parked at any time upon any public thoroughfare or any Municipal parking lots of the City against which there are five or more unpaid summonses or other process, issued within the immediate twelve month period, charging that such vehicle was parked, stopped or standing in violation of any law, ordinance or local authority of the City, may be immobilized by a member of the Police Department or any other agent, including Parking Meter Readers assigned to traffic and parking duties. No such vehicle shall be immobilized by means other than by the use of a device or other mechanism which shall cause no damage to such vehicle.
(d) Notice of Immobilization. In any case involving immobilization of a vehicle pursuant to this section, the member of the Police Department, including Parking Meter Readers, assigned to traffic and parking duties, immobilizing the vehicle, shall cause to be placed on such vehicle in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized for failure to pay the five or more summonses or other process, and that any attempt to move such vehicle shall result in damage to such vehicle.
(e) Notice to Owner of Impounded Vehicle. Whenever the Department or its agents, including Parking Meter Readers, assigned to traffic and parking duties, has impounded a vehicle described above, a notice of such removal and the storage place of such vehicle shall be mailed to the last registered owner as provided by the Department of Motor Vehicles from the respective State for such requested ownership, if the name and address of such owner can be ascertained with reasonable diligence.
(f) Owner’s Responsibility. The registered owner of a vehicle having against it five or more outstanding summonses shall be presumed to be owner at the time the summonses were in fact issued, and shall be responsible for the offenses and the impoundment.
(g) Records. It shall be the duty of the Department to safely keep any impounded vehicle until such vehicle shall have been repossessed by the owner or person legally entitled to possession thereof. The Department shall cause to be kept an accurate record of the description of such vehicle, including: the name of the Officer or Parking Meter Reader from whom such vehicle was received; the Officer or authorized agent assigned to traffic or parking duties employed to tow or have delivered the same to an authorized garage; the date and time received; the place where found, seized or taken possession of; the make and color of vehicle, style or body design; serial number; year built; State license number, if any; equipment and general description of condition; the name and address of the person redeeming such vehicle; the date of redemption, together with the cost of outstanding summonses; and the towing and storage charges. This record shall be in the form prescribed by the Chief of Police.
(h) Release of Vehicle. Any person desiring to redeem an impounded vehicle shall appear at the Department to furnish satisfactory evidence of identity and ownership or right to possession of such vehicle. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the Municipal Court may require, post a bond in the amount set by the Court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(Ord. 0-10. Passed 7-25-79.)
(i) Removal of Immobilization Device or Mechanism. Prior to removal of the immobilization device or mechanism, the claimant, owner, or operator of the immobilized vehicle shall either pay the amount due for any fine for violations on account of which such vehicle was immobilized, or, as the Municipal Court may require, post a bond in the amount set by the Court, to appear to answer such violations. The member of the Police Department, including Parking Meter Readers, assigned to traffic and parking duties, shall release such vehicle upon receipt of satisfactory proof that such fines have been paid or bond posted. In addition, such claimant, owner, or operator shall, prior to the release of such vehicle, pay a fee of twenty-five dollars ($25.00) to the City in payment of attendant immobilization costs.
(Ord. 0-911. Passed 4-13-99.)