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 violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required. (A.O.)
Any vehicle removed under authority of this section of the Municipal Code shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner by first class mail of the fact of such removal and impounding, the reason(s) therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Ripley Police Department during the normal hours of its business office and shall furnish satisfactory evidence of identity and ownership or right to possession of said vehicle. Prior to the release of the impounded vehicle, the claimant, owner or operator shall pay the amount due for any fines for violations of the Municipal Code for which said vehicle was impounded, or at the election of the vehicle owner, shall post a bond in an amount set by the court to appear to answer to such violations. The owner shall further be liable for the reasonable cost of such vehicle removal and storage, and until payment of such cost, the garage or towing operator may retain possession of the vehicle subject to a lien for the amount due. The garage or parking lot owner may enforce his lien for towing and storage in the manner provided in West Virginia Code 38-11-14, as amended. (5-3-05)
(k) When any unattended motor vehicle found parked at any time upon any public thoroughfare of the City against which there are two or more unpaid parking citations or other process issued within a 12-month period and for which the Municipal Court Judge has entered an Immobilization Order which has been properly served via certified mail or hand delivery at the last known address of the registered owner of said motor vehicle, charging that such vehicle was parked, stopped, or standing in violation of any law, ordinance, or local authority of the City, it may be immobilized in such manner as to prevent its operation by a member of the City Police Department or any other agent assigned to traffic duty, or by a member of the meter patrol acting under the direction of the Chief of Police. No such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.
Notice of Immobilization
(l) When any case involving immobilization of a vehicle pursuant to this article, the authorized representative of the City pursuant to this article 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 by order of the Municipal Court Judge for failure to pay the two or more parking citations or other process, and that any attempt to move such vehicle might result in damage to such vehicle. Nonetheless should the registered owner or operator of said vehicle attempt to move the vehicle while an immobilization device or other mechanism is in place, the City shall not be responsible for any damage caused to the vehicle by such careless act but the registered owner or operator of the immobilized vehicle shall be responsible and strictly liable for any damage caused to the immobilization device or mechanism owned by the City whether by attempting to illegally and unlawfully remove the same.
(m) When the registered owner of a vehicle having against it two or more outstanding parking citations shall be presumed to be the owner at the time the parking citations were in fact issued and shall be severally responsible for the offenses and the impoundment, except where the use of the vehicle was secured by the operator without the owner’s consent.
(n) When the immobilization device has been placed on a vehicle a fifty dollar ($50.00) removal fee shall be added to the total cost of the parking citation.
(2-15-11)