Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:
(a) When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations.
(b) When any vehicle has been abandoned or junked on private or public property as provided in West Virginia Code Article 17-24.
(c) When any vehicle has been stolen or operated without the consent of the owner.
(d) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates.
(e) When any vehicle has been used in or connected with the commission of a felony.
(f) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code or West Virginia Code Article 17C-15 whereby its continued operation would constitute a condition hazardous to life, limb or property.
(g) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator.
(h) When any vehicle has been operated by any person who has failed to stop in case of a crash or collision.
(i) When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked.
(j) When any vehicle is found for which two or more citation tags for violation of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
(k) When any vehicle is driven by a person charged with being under the influence of alcohol or any controlled substance or other drug.
(l) When any vehicle is in the possession of a person who has been arrested.
(m) Where an automobile is an immediate danger to public safety.
(n) A vehicle may be impounded after prior notice when the vehicle is parked and/or used in violation of any law, ordinance or regulation not hereinabove provided for. Prior notice shall consist of conspicuously posting a notification of intent to tow on the vehicle at least forty-eight hours prior to the removal of the vehicle or personally handing to the owner a notification of the intent to tow.
Any vehicle removed under authority of subsection (b) hereof shall be disposed of as provided under West Virginia Code Article 17-24. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. 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 court may require, post a bond in an 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.
Any unattended motor vehicle, found parked at any time upon any public thoroughfare of the City against which there are two or more unpaid summonses or other processes issued within a 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 City police officer in such manner as to prevent its operation. No such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which causes no damage to such vehicle unless it is moved while such device or mechanism is in place.
In any case involving immobilization of a vehicle pursuant to this article the City police officer 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 two more summonses or other processes and that any attempt to move such vehicle might result in damage to such vehicle.
Vehicles immobilized pursuant to this article will be released to the lawful owner or the person entitled to possession, upon showing adequate evidence of a right to its possession and paying the amount of all accrued fines and costs for each outstanding unpaid summons, or upon depositing of the collateral required for his appearance in the Municipal Court of the City to answer for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant. This release shall be signed by an authorized officer.
Whenever a vehicle is booted by a City police officer for unpaid traffic violations owed to the City, in accordance with existing traffic ordinances, a fee of fifty dollars ($50.00) may be levied against the owner or driver of such vehicle. Such boot fee shall be due and payable at the time the boot is released from the vehicle. All boot fees collected shall be deposited in the General Fund.
Except as otherwise provided herein, no vehicle shall be released except upon payment of all outstanding citations in addition to towing and storage charges. (Ord. 8-9-93)