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 17-24A.
(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 an accident 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.
Any vehicle removed under authority of subsection (b) hereof shall be disposed of as provided under West Virginia Code Article 17-24A. 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.
In the event the vehicle is not called for by the owner within sixty days, the person so removing the vehicle shall be permitted to proceed against the vehicle for rent, storage and towing under the laws of the State provided for the collection of such charges. The police designating the work and services performed shall be deemed to be the agent of the owner.
(1970 Code Sec. 19-10; Ord. 2240. Passed 3-2-17.)