(A) Removal of vehicles by law enforcement officers. In addition to any other penalties imposed under this subchapter, any police officer, upon discovering any such vehicle so parked or stopped in violation of this subchapter, may remove such vehicle or cause the same to be removed to any city owned property or to a private garage or place so authorized pursuant to contract, where such vehicle shall be impounded and retained, and shall be released only upon order of the Chief of Police or the Board of Public Works, or upon the order of any judge of any Court having proper jurisdiction therein, after hearing or legal procedures proper under the circumstances. However, no vehicle shall be removed unless and until said police officer has followed the procedures outlined in § 72.44 of this subchapter.
(B) Impounding vehicles.
(1) The removal and impounding of a vehicle pursuant to division (A) of this section shall in no way supersede, bar, excuse, or prevent the prosecution of any person or in any way relieve him from the penalty prescribed for his violation of this subchapter.
(2) Any person violating any provision of this subchapter and whose vehicle has been so impounded, towed in, or stored pursuant to the provisions of this subchapter, in addition to and independent of the payment of fines as specified in § 72.99 shall pay separately all tow-ins, impounding, or storage costs incurred as a result of the violation of this subchapter.
(C) Recovery of impounded vehicles. No person shall recover any vehicle removed in accordance with this subchapter except as provided herein. Prior to the owner of any such vehicle so impounded under this subchapter, he or she shall present to a member of the Police Department evidence of his or her identity and right to possession of the vehicle; sign a receipt for its return; pay the cost of removal and storage.
(D) Evidence that vehicle was in violation. In any prosecution with regard to a vehicle parked or left in a place or in a condition in violation of any provision of this chapter, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this chapter, together with proof that the defendant named in the complaint was, at the time of the alleged violation, the registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this chapter.
(Ord. 2001-07, passed 5-24-01) Penalty, see § 72.99