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(a) Impounding; Motor Vehicle Pound.
(1) Whenever any vehicle is found parked in a space where parking is not permitted, or whenever any vehicle is found parked in violation of the terms of any ordinance or other regulation, or is wrecked or disabled and creates a traffic hazard, the vehicle may be removed and conveyed by any member of the Police Department, or by such other agency as designated by that Department, by means of towing or otherwise, to a vehicle pound designated or authorized by the City Manager.
(2) Police officers are authorized to provide for the removal of a vehicle when a vehicle has been used in or connected with the commission of procuring, soliciting, prostitution or soliciting drug sales or any felony.
(3) The City Manager is authorized and empowered to designate any land now owned by the City, suitable for the purpose, as a place where vehicles which have been impounded by the Police Department may be kept, and in the event no land owned by the City is available, may designate privately owned premises as a place where motor vehicles may be impounded.
(b) Private Operators; Towing and Storage. The City Manager shall authorize those owners and operators of towing and storage businesses who are designated to tow and store vehicles as contemplated by the terms of the Traffic Code. The City Manager is further authorized to set reasonable standards for the owners and operators to be designated including adequate liability insurance coverage for the protection of the public, the owner of the vehicle towed and stored, and the City; proper and adequate towing equipment and storage facilities; assurance of response to calls by the Police Department; and the schedule of fees authorized for ordinary and extraordinary service.
(c) Reports and Records. Whenever a vehicle has been impounded as herein provided, a report shall be made to the Chief of Police or officer then in charge, and a record shall be made of the vehicle impounded, any other information relative to the violation of parking for which it was impounded, the name of the owner of the vehicle, the number of his license tags, and the nature and circumstances of the violation.
(d) Redeeming Vehicles; Charges. Whenever a vehicle is impounded, as herein provided, and the owner or his agent or person last in charge of the vehicle appears and gives satisfactory proof of the ownership of the vehicle and right to it, and demands the release of the vehicle, it shall be returned to him upon the payment of an impoundment fee of thirty-five dollars ($35.00), payment of the costs of towing and storage, and a receipt for the impounded vehicle. Any vehicle not claimed or redeemed within 60 days shall be presumed to be abandoned.
(Ord. 96-184. Passed 9-23-96.)
(e) Municipal Court Appearance in Protest Cases.
(1) In case protest is made against the payment of any towing or storage fee, the police officer, upon satisfactory evidence of the identity and ownership of the person claiming the impounded vehicle, and upon the furnishing of a bond in an amount as set by rule of the Municipal Court by the owner or driver of the vehicle to the satisfaction of the Clerk of the Municipal Court, conditioned that the owner or driver will appear before the Municipal Court to answer to the violation on account of which the vehicle has been impounded, shall surrender the impounded vehicle to the claimant, and it shall thereupon be the duty of the police officer having knowledge of the facts forthwith to institute the proper proceedings in the Municipal Court charging the owner or driver of the vehicle with the violation of the ordinance of which the vehicle was impounded. If the person charged with the violation is found guilty or bond is forfeited, towing and storage charges shall be added to the court costs and the amount so added shall be paid by the City to the towing operator and storer of the impounded vehicle and payment of scheduled towing and storage fees.
(2) If the vehicle was impounded because it was wrecked or disabled and created a traffic hazard, but no violation of an ordinance was involved, upon order of the Municipal Court the fees for towing and storage shall be paid directly from the bond. If the person is found not guilty, the City shall pay such fees.
(1980 Code 76.30 to 76.34)