(a) A police officer or any other person designated by the Chief of Police may immobilize by the use of vehicle immobilization equipment any vehicle which is illegally parked, and for which there are three (3) or more outstanding, unpaid or overdue parking tickets for a period of sixty (60) days.
(b) When attaching vehicle immobilization equipment to a vehicle, the officer shall affix notice to the windshield or other part of the vehicle so as to be readily visible. The notice shall:
(1) Warn that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage to the vehicle;
(2) State the total amount of civil penalties due for parking tickets which are overdue and unpaid that are attributable to such vehicle, in addition to an immobilization fee for the removal of the vehicle immobilization equipment; and
(3) List the address and telephone number to be contacted to pay the charges to have the vehicle immobilization equipment removed.
(c) If the civil penalties and the immobilization fee are not paid, or satisfactory arrangements in lieu of payment are not made, within twenty-four (24) hours of the attachment of the vehicle immobilization equipment the vehicle may be towed and impounded as provided by law.
(d) Upon payment of all civil penalties, overdue and unpaid parking tickets, and the immobilization fee, the vehicle immobilization equipment shall be removed and released to the registered owner or any other person legally entitled to claim possession of the vehicle. The fee may be paid in the form of a refundable bond pending the outcome of a hearing pursuant to Section 351.17.
(e) It shall be unlawful for anyone to remove vehicle immobilization equipment placed on a vehicle pursuant to this section without all civil penalties and application charges having first been paid, an approved payments plan having been made, or a bond posted. The City shall not be responsible for any damage to an immobilized illegally parked vehicle resulting from unauthorized attempts to free or remove the vehicle.
(f) Charges.
(1) An immobilization fee of fifty dollars ($50.00) shall be charged for the removal of the vehicle immobilization equipment.
(2) The Director of Public Service and Safety is authorized to appoint a hearing officer and establish guidelines to adjust the amount of civil penalties imposed pursuant to this chapter to promote the resolution of any claim against persons with ten (10) or more outstanding delinquent parking tickets.
(Ord. 44-04. Passed 10-18-04.)
(Ord. 44-04. Passed 10-18-04.)