(A) The provisions of shall be enforced by any officer of the city police department.
(B) Enforcement.
(1) Impoundment at the seene. Any city police officer shall be permitted to immediately seize and impound a vehicle for a violation of this chapter based on video surveillance, photographs, the official’s personal observation and/or the sworn testimony by one or more eyewitnesses when the vehicle is located at the time of the violation or immediately thereafter. The city police department may impound a motor vehicle used in a violation of the provisions of this chapter for a period of six months. The length of impoundment imposed may be decreased by the police department executive command staff of the police department during an appeal under this subchapter. Any release of any impounded vehicle under this section shall also meet the release requirements of this subchapter. The city police department executive command staff should evaluate all relevant factors when considering a modification to the impoundment period, including but not limited to the following:
(a) Whether any property was damaged, or persons harmed in connection with the offense; and
(b) Whether this is a first offense or a subsequent offense.
(2) In addition to impoundment at the scene, any city police officer shall be permitted to seize and impound a motor vehicle after a violation of this subchapter, provided that the requirements of this division (B) are met. Before any seizure or impoundment under this division (B), the authorized official shall send to the owner of record of the vehicle to be seized and impounded, either by first class mail or by personal service to the address of the owner of record as indicated in state registration records, a notice of intent to seize and impound the vehicle that includes: (i) a statement that the city has evidence sufficient to establish probable cause that an operator of the vehicle violated this chapter and the nature of such evidence; (ii) a copy of the police report that contains the source of the evidence for the violation; (iii) a copy of this subchapter; (iv) the date, approximate time and approximate location of the alleged violation; (v) a detailed description of the vehicle, including any identifying information; and (vi) notice of the owner’s opportunity to contest eligibility for impoundment. A copy of the notice shall be forwarded to the chief of police. A notice is presumed delivered upon being deposited with the United States Postal Service with proper postage affixed.
(Ord. 23-03, Series 2023, passed 7-11-23)