§ 70.45  IMPOUNDING VEHICLES.
   (A)   Impoundment, generally.  A peace officer is hereby authorized to remove, or cause to be removed, a vehicle from a street, public alley, private or public parking lot or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the city, under the circumstances hereinafter enumerated:
      (1)   Disabled vehicle.  When a vehicle is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to the extent as to be unable to provide for its custody or removal;
(Iowa Code § 321.236(1))
      (2)   Illegally parked vehicle.  When any vehicle is left unattended and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic, or when any vehicle is a habitual violator under § 70.46;
(Iowa Code § 321.236(1))
      (3)   Snow removal.  When any vehicle is left parked in violation of a ban on parking during snow removal operations;
      (4)   Parked over 24-hour period.  When any vehicle is left parked for a continuous period of 24 hours or more. If the owner is found the owner shall be given an opportunity to remove the vehicle;
(Iowa Code § 321.236(1))
      (5)   Arrest.  When the driver or owner of any vehicle is placed under custody of the police officials and it is determined by the arresting officer that the vehicle should be impounded for safekeeping;
      (6)   Hazard.  When any vehicle is parked upon a street and is so parked as to constitute a definite hazard or obstruction to the movement of traffic or to maintenance of the street in that area; and
      (7)   Abandoned vehicle.  Any vehicle determined to be an abandoned vehicle as defined in § 76.01.
   (B)   Redemption of impounded vehicle.
      (1)   After the impounding of any vehicle under the provisions of this section and in addition to any standard penalties provided, the owner or person having legal entitlement to possession of a motor vehicle impounded may claim the vehicle by paying to the city’s impound and preservation fee plus the fines associated with any outstanding parking tickets plus towing charges if the vehicle is stored by the city and/or towing and storage fees, if the vehicle is stored in a public garage, whereupon the vehicle shall be released to the owner or the owner’s authorized representative.
      (2)   The amount of towing charges and the rate of storage charges by privately-owned garages shall be established by the facility. The city’s impound and preservation fee shall be in the amount set in the schedule of fees adopted by the City Council by resolution.
      (3)   Redemption of impoundment vehicles by the owner or his or her authorized representative must be accomplished through the Police Department of the city.
      (4)   The Council shall designate those bidders as are geographically located to tow and store the vehicles at a minimum cost in the event city facilities are not available for towing or storing vehicles to be impounded.
      (5)   The Police Chief is hereby authorized to direct the public garage(s) designated by the Council as aforesaid and located nearest to the vehicle to tow and store the same until disposed of as provided in this section.
      (6)   The garage is hereby authorized to retain the vehicles until the fees for towing and storage, on the basis of the bid, are paid.
(1999 Code, § 70.06)  (Ord. 2006-12, passed 8-29-2006)