304.09 IMPOUNDING AND STORAGE CHARGES; PAYMENT UNDER PROTEST.

   (a)   No vehicle impounded under the provisions of this chapter shall be removed from the vehicle pound except upon the payment by the owner, chauffeur, driver or other person in charge of such vehicle of a service charge of not more than:

      (1)   A fee of one hundred fifty-five dollars ($155.00) per tow for each regular tow truck, flat bed/roll off and/or use of dollies within the City.

      (2)   A fee of twenty dollars ($20.00) per day or any fraction or portion thereof, for storage beginning upon the day the motor vehicle is placed upon the impound lot.

      (3)   If the tow truck or roll off truck operator is required to be on scene for an extended time, then an hourly rate of sixty dollars ($60.00) shall apply for time on the scene, upon the authorization of the Director of Public Safety. If additional towing vehicles are required on scene, without a tow, for separating or removing vehicles from an obstruction such as overturning, etc., an hourly rate of seventy-five dollars ($75.00) shall apply.

         (Ord. 020-2015. Passed 4-14-15.)

   (b)   If the owner seeking release from the pound shall have succeeded to the rights of the owner who is charged with a duty to pay an impounding charge he shall not be released from having to pay the impounding charge.

(Ord. 50-00. Passed 10-3-00.)

   (c)   In the event that a motor vehicle is impounded as a stolen vehicle under the provisions of this chapter, the tow operator and/or impound owner shall first seek reimbursement for their services from any insurance carrier that might be liable. If such reimbursement is not made, a tow operator and/or impound owner may seek reimbursement for their charges from the City. Such request shall be submitted in writing to the Director of Public Safety. The Mayor is authorized to approve payment of such charges from the Contingency Account (101-9500-9900).

   (d)   In case protest against the payment of such impounding fees is made by the claimant under oath and denying the violation, there shall be given to him, by the officer in charge of such pound, upon the payment by the claimant of the sum of not more than fifty dollars ($50.00) and accrued storage charges, a receipt for the same marked "PAID UNDER PROTEST". It shall thereupon be the duty of the officer having knowledge of the facts forthwith to file an affidavit in the proper court charging the owner, chauffeur, driver or other person in charge of such vehicle, with the violation of the ordinance under which the vehicle was impounded. If such person is subsequently found not guilty by the trial court, the Director of Public Safety shall cause to be refunded to such person the fee of not more than fifty dollars ($50.00) and accrued storage charges so paid under protest.

(Ord. 020-2015. Passed 4-14-15.)