10.40.320  Immobilization of vehicle for outstanding parking violations.
   A.   Immobilization of motor vehicle. A motor vehicle parked upon the public way or public place at any time may, by or under the direction of an officer or member of the Rapid City Police Department, be immobilized in such a manner as to prevent its operation:
      1.   If there are 3 or more outstanding, or otherwise unsettled, parking violation notices pending against the owner of the motor vehicle; or
      2.   If the registered owner of a vehicle or vehicles owes $125 or more in penalties and/or late fees for outstanding or otherwise unsettled parking violation notices.
   B.   Notice of immobilization. Upon immobilization of the motor vehicle, the officer or employee causing the vehicle to be immobilized shall cause to be placed on the vehicle in a conspicuous manner notice sufficient to warn any individual that the vehicle has been immobilized and that any attempt to move the vehicle might result in damage to the vehicle.
   C.   Release of immobilized vehicle. The owner of such immobilized vehicle, or other authorized person, shall be permitted to secure release of the vehicle upon:
      1.   Paying the full amount of the penalty fee along with any late fees for each violation for which there is an outstanding or otherwise unsettled parking violation; and
      2.   The payment of an immobilization fee as set by resolution of the City Council.
   D.   Towing and impoundment for failure to pay fines. The immobilizing device or mechanism shall remain in place for 48 hours, unless the owner has complied within subsection C. of this section. If the outstanding parking violations for an immobilized vehicle have not been resolved within 48 hours, the vehicle may be towed or impounded. All fees and late charges shall be collected before the owner of the vehicle, or other authorized person, shall be permitted to repossess or secure the release of the vehicle. In addition to any penalty, immobilization, and late fees incurred prior to towing of the vehicle, the owner of a vehicle which has been towed or impounded is responsible for paying any towing and storage fees.
   E.   Enforcement. The Chief of Police, along with the city’s Traffic Engineer, shall have authority for implementing the parking enforcement provisions of this section.
   F.   Unlawful tampering. It is unlawful for any person to remove, attempt to remove, or damage any immobilization device, or to move any immobilized vehicle from the place at which the immobilization device was affixed to the vehicle, before a release is authorized by the city. Any person who tampers with an immobilization device or moves or attempts to move a vehicle to which the device was affixed shall be subject to the general penalty provisions of Chapter 1.12.
(Ord. 6324 (part), 2019)