(A) The impoundment of vehicles under the authority of the provisions of this code shall be construed as an enforcement procedure for the protection of the public peace, safety, and welfare, and for the safeguarding of property.
(B) Impoundment shall be used generally for the following:
(1) Prevention and removal of traffic and fire hazards.
(2) Prevention and abatement of public nuisances.
(3) Protection of public rights in the use of city streets, highways, and roadways from obstructions placed and left in derogation of these rights.
(4) Safeguarding and protecting recovered stolen vehicles.
(5) Amelioration of urban blight.
(C) Members of the Police Department are authorized, within the limits set forth in this code, to impound vehicles under the circumstances enumerated in this section.
(D) Members of the Police Department are authorized to remove or to direct the removal of a vehicle under any of the following circumstances:
(1) Disabled vehicles. If left unattended and improperly parked; if left on a street or other right-of-way in excess of the time provided by law; 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.
(2) Vehicle on bridge. An unattended vehicle left on any bridge viaduct, causeway, tunnel, or within the structure of a grade separation.
(3) 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 the police under circumstances which leave or will leave a vehicle unattended.
(4) Vehicles creating traffic or safety hazard. A vehicle which is left attended and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
(5) Vehicles abandoned on public property. Any vehicle, including an inoperative motor vehicle, which is left on public property for 48 hours or longer without the permission of the City Police.
(6) Vehicles stopped in a prohibited zone. Any unattended vehicle halted at the street curb or edge of roadway where stopping or standing is prohibited.
(7) Vehicles blocking fire exits or hydrants. Any vehicle parked in such a manner that it blocks a fire escape ladder, device, or exit or blocks ready access to a fire hydrant.
(8) Vehicles parked in intersection. Any unattended vehicle parked in any street intersection.
(9) Stolen vehicles recovered by the police.
(a) Whenever a stolen vehicle is located by police and the registered owner cannot be found within a reasonable time, or cannot be determined from the registration papers or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle may be removed to the nearest authorized place of impoundment.
(b) If the registered owner is identified, located, and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his or her own arrangements for the removal of the vehicle within the period of one hour from the time he or she is actually notified of its recovery. If the owner is unable or unwilling to effect the removal within the time specified, the vehicle may be impounded.
(10) Citation for reckless operation. Vehicles to which two or more tags have been attached pursuant to § 73.06 whose owner, chauffeur, or driver has failed or refused to enter appearance or to post bail.
(11) Parking violation. A vehicle which has been tagged pursuant to Chapter 76 of this code and remains for one hour or longer thereafter at the place where tagged.
(12) Vehicles abandoned on private property. Any motor vehicle which is left on private property for more than 48 hours without the permission of the person having the right to the possession of the property.
(13) Vehicles junked on private or public property.
(b) The movement of a vehicle from private property to any public right-of-way, or to another location under circumstances constituting a violation of this chapter, shall not remedy a violation of § 91.03. and a vehicle so moved remains subject to impoundment by police.
(14) Vehicle removed from fire lane. Vehicles removed by fire official pursuant to § 76.17 of this code.
(15) Stolen vehicles. Vehicles which have been stolen or operated without the consent of the owner.
(16) Vehicles in evidence. Vehicles used in connection with criminal acts or needed for evidentiary purposes.
(17) Vehicles used in vehicular crime. Vehicles operated by any person who has failed to stop in case of an accident or collision.
(18) Vehicles driven by unlicensed person. Vehicles operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked.
(19) Vehicles parked in violation of posted parking regulations in the parking lots owned by the city.
(E) Every vehicle that is impounded under the provisions of this chapter shall be removed to the nearest place of safekeeping designated by the Police Department and to no other place.
(F) Except as otherwise provided, any vehicle impounded under the authority of this code shall be stored and held safely until a written order for its release, signed by a police employee, has been issued.
(G) The order of release 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.
(H) 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.
(‘97 Code, § 92.04) (Ord. 21-66, passed 5-16-66; Am. Ord. 53-92, passed 1-4-93; Am. Ord. 11-05, passed 8-15-05)