(A) The driver of a vehicle, which is in any manner involved in an accident resulting in injury to or death of any person, or property damage to an apparent extent of $100 or more shall, within five days after the accident, forward a written report of the accident to the City Police Department, unless the accident was immediately investigated by the Police Department.
(`81 Code, § 14-58)
(B) Whenever the driver is physically incapable of making a written report of an accident, as required in division (A) above, and the driver is not the owner of the vehicle, then the owner of the vehicle involved in the accident shall, within five days after learning of the accident, make the report not made by the driver.
(`81 Code, § 14-59)
(C) All written accident reports made by drivers or owners of vehicles involved in accidents, as required in divisions (A) and (B) above, shall be without prejudice to the individual so reporting, and shall be for the confidential use of the Police Department or other governmental agencies having use of the records for accident prevention purposes, except that the Chief of Police may disclose the identity of a person involved in an accident when the identity is not otherwise known, or when the person denies his or her presence at the accident. No report shall be used as evidence in any trial, civil or criminal, arising out of any accident, except that the Chief of Police shall furnish a report, upon demand of any person who has or claims to have made a report, solely to prove a compliance or a failure to comply with the requirements that the report be made.
(`81 Code, § 14-60)
(D) The Police Department shall maintain a suitable system of filing traffic accident reports.
(`81 Code, § 14-39)
(E) The Police Department, from any information or written reports in its files received from or by any source whatsoever, shall promptly on demand therefor furnish to any person who has sustained loss or damage, by reason of or resulting from the operation, maintenance or use of a vehicle upon any public street or highway of this state, the following information:
(1) The name and address of the owner and operator of any vehicle involved in the accident;
(2) The license number and description of any vehicle involved in the accident;
(3) The time and place the accident occurred;
(4) The names and addresses of any persons injured or killed in the accident; and/or
(5) The names and addresses of any persons who were witnesses to the accident.
(F) Any person entitled to the information may obtain the same from the Police Department either in person or through his or her duly authorized agent or attorney by first filing with the Police Department a verified written authorization therefor signed by the person so entitled to the information.
(G) When the information is furnished by the Department by means of a photocopying process, the Police Department is hereby entitled to charge a fee of $5 for each copy of the report, and the fees collected hereunder shall be deposited into the Law Enforcement Continuing Education Fund.
(Ord. 830, passed 3-3-1999)
(H) There is hereby created an Accident Report Account in which shall be deposited all fees collected by the Police Department pursuant to this section. The Account shall be maintained by the City Clerk-Treasurer.
(I) The fees in the Account may be expended at the discretion of the Chief Administrative Officer of the Police Department for any Department purpose reasonably related to the keeping of accident reports and records or the prevention of street and highway accidents.
(J) In those cases where the County Prosecuting Attorney shall advise the Police Department that in his or her opinion the information should not be released to any person and shall assign as his or her reason therefor that criminal charges have been filed, or are in contemplation of being filed against any person as a result of the accident, the Police Department shall thereunder withhold any information until its release is approved by the prosecuting attorney.
(Ord. 578, passed 10-18-82)