§ 12-2405. Removal or Immobilization of Parked Vehicles; Notice. 190

   (1)   Any vehicle may be removed, by means of towing to the nearest Official Towing Station or immobilized for up to seventy-two (72) hours by means of applying a boot and then towed to the nearest Official Towing Station if not reclaimed, by or under the direction of a member of the Department, or its designated agent whenever any vehicle is:

      (a)   abandoned on the highway;

      (b)   parked in a towing zone; or

      (c.1)   parked on a public street and has any combination of three or more delinquent parking tickets or violation notices issued pursuant to Section 12-3007, relating to an automated red light enforcement system, or Section 12-3405, relating to an automated speed enforcement system, for which appropriate notice has been sent to the registered owner; provided that a boot may be applied only after a delinquency notice on the third such ticket or notice has been issued for at least thirty days (for purposes of determining whether three tickets have been issued to a vehicle for this subsection, all tickets issued to the same owner shall be counted.); or 191

      (c.2)   parked on a public street, has three or more delinquent parking tickets, and for which the Department or its designated agent has been unable to obtain a correct address for the owner; provided that such a vehicle may be towed or booted under this subsection only after at least thirty days have passed since the issuance of the third such ticket and at least one such ticket included notice of this provision; or 192

      (d)   parked on a public street in violation of Section 12-916; or 193

      (e)   parked in violation of subsection 12-913(1)(b)(.1), relating to parking in front of a public or private driveway; or 194

      (f)   parked in violation of subsection 12-902(1)(a), which prohibits the parking of a vehicle, or watercraft trailer upon any roadway for the purpose of displaying such vehicle, watercraft trailer or watercraft attached thereto for sale; or 195

      (g)   parked in a valet parking zone in violation of subsection 12-917(5); 196

      (h)   parked in a reserved accessible parking space in violation of subsection 12-1117(3)(f); 197

      (i)   parked on a sidewalk in violation of subsection 12-913(1)(a)(.2); 198

      (j)   parked in violation of subsection 12-913(1)(a)(.10), which prohibits the parking of a vehicle where any part of the vehicle would block any part of a curb cut or handicapped ramp; 199

      (k)   parked in violation of subsection 12-1117(4)(b), which prohibits the parking of a vehicle in parking spaces reserved for physically handicapped persons and severely-disabled veterans; 200

      (l)   parked in violation of Section 12-919, relating to parking of any boat, motor home, truck camper or vending cart for more than thirty (30) days in any on-street parking space; 201

      (m)   parked with an invalid parking meter kiosk receipt, in violation of subsection 12-1005.1(2); 202

      (n)   parked with an invalid residential parking permit, in violation of subsection 12-2709(7), or an invalid contractor parking permit, in violation of Section 12-2904.1; 203

      (o)   Parked in violation of Section 12-919 relating to the on-street, public parking of unpermitted semitrailers and truck tractors. 203.1

   (2)   When a vehicle is towed pursuant to this Section or other provision of law notice of removal shall be sent within thirty (30) days by the Department, or its designated agent, to the owner of record of such vehicle, indicating the place to which such vehicle has been removed, the reason for its removal and impounding, the applicable fees, and the possibility that the vehicle will be sold at public auction if not reclaimed within fifteen (15) days of issuance of notice, except that when a vehicle has been towed as an abandoned vehicle appropriate notice shall be sent to the registered owner by regular mail within seventy-two (72) hours whenever possible. When the Department intends to retain possession of the vehicle pending an investigation, the notice shall so state, and the Department shall issue a subsequent notice of the appropriate time informing the owner that the vehicle may be reclaimed. No notice shall be required of removal by the Department where the owner of the vehicle has contacted the Department within seventy-two hours of such removal. 204

   (3)   When a vehicle has not been reclaimed within fifteen (15) days of issuance of notice that it is available to be reclaimed, the Department or its designated agent shall thereafter send notice to all registered lienholders of the vehicle, informing such lienholders that the vehicle may be reclaimed upon proof of right to possession and payment of all outstanding fees, charges and fines, and that the vehicle may be sold at public auction if not reclaimed within fifteen (15) days. A copy of this notice shall be sent to the owner of record. 205

   (4)   In any case involving immobilization of a vehicle pursuant to this Section, a notice shall be placed on such vehicle, in a conspicuous manner, sufficient to warn any individual that such vehicle has been immobilized and that any attempt to move such vehicle may result in damage thereto. 206

   (5)   No vehicle shall be towed under this Section until the Police have determined whether or not the vehicle has been reported stolen. If the vehicle has been reported stolen, except in the case of an immediate threat to public safety or a case where the vehicle is parked in violation of subsections 12-2405(1)(b) (relating to parking in towing zones), 12-2405(1)(e) (relating to parking in public or private driveway), 12-2405(1)(h) (relating to disabled parking), 12-2405(1)(i) (relating to parking on sidewalks), 12-2405(1)(j) (relating to parking by curb cuts or handicap ramps), or 12-2405(1)(k) (relating to parking in spaces reserved for the handicapped), no such vehicle shall be towed unless the Police have notified, or attempted to notify, the owner of the vehicle of its recovery by calling the contact number provided to the Police at the time it was reported stolen and, unless the Police are unable to contact the owner or leave a message for the owner, or the owner elects to have the Police tow the vehicle, the owner has been given 24 hours from the time of such notification or attempted notification to recover the vehicle in lieu of the tow. 207

 

Notes

190	Amended, 1958 Ordinances, p. 365; amended, 1983 Ordinances, p. 349.
191	Amended, Bill No. 060320 (became law June 15, 2006). The Law Department advised, by memorandum dated June 12, 2006, that the amendments to the Code set forth in Bill No. 060320 exceed City Council's powers. Amended, Bill No. 150013 (approved April 28, 2015), effective May 28, 2015; amended, Bill No. 190184 (approved June 5, 2019). See note 421 for effective date and expiration provisions.
192	Added, Bill No. 150013 (approved April 28, 2015), effective May 28, 2015.
193	Added, 1992 Ordinances, p. 859.
194	Added, Bill No. 970035 (approved July 1, 1997).
195	Added, Bill No. 980111 (approved April 13, 1998); amended, Bill No. 080648 (approved November 19, 2008).
196	Added, Bill No. 970403 (approved May 19, 1998).
197	Added, Bill No. 000358 (approved January 23, 2001).
198	Added, Bill No. 000673 (approved January 23, 2001). Enrolled bill numbered this as subsection (h) in error; renumbered by Code editor.
199	Added, Bill No. 070559 (approved November 29, 2007).
200	Added, Bill No. 070559 (approved November 29, 2007).
201	Added, Bill No. 080276 (approved April 28, 2008). Enrolled bill numbered this as subsection (j) in error; renumbered by Code editor.
202	Added, Bill No. 100285 (approved June 23, 2010), effective July 23, 2010.
203	Added, Bill No. 100285 (approved June 23, 2010), effective July 23, 2010.
203.1	Added, Bill No. 220246 (approved September 13, 2022).
204	Amended, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527.
205	Added, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527.
206	Renumbered, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527.
207	Added, Bill No. 090691-AAA (approved February 17, 2010), effective March 19, 2010.