(a) Criteria for Impounding Vehicles. Any police officer, as defined in Section 301.25,
is authorized to remove from the streets, sidewalks or public grounds:
(1) Any vehicle unattended upon any street or public way where such vehicle constitutes an obstruction to traffic;
(2) Any vehicle parked, left standing or abandoned in violation of any City ordinance;
(3) Any vehicle which fails to comply with any safety or registration requirements of any City ordinance;
(4) Any vehicle for which two or more citation tags for violation of any City ordinance have been issued and the owner or operator thereof has failed to respond to such citation tags;
(5) Any vehicle which has been stolen or from which the operator has been removed due to illness, injury, intoxication, or for being under the influence of alcohol or a drug of abuse;
(6) Any vehicle which is wrecked or so disabled that it is not capable of being operated;
(7) Any vehicle that has been involved in an accident and the driver/operator has failed to stop after such accident;
(8) Any vehicle operated or used by any person while engaged in commission of any crime;
(9) Any vehicle operated by a person without an operator's license or during a period of license revocation or suspension;
(10) Any vehicle from which the driver has been arrested, or any vehicle operated by a person who refuses to obey the instructions of any police officer after such person has been placed under arrest;
(11) Any vehicle operated by any person who is arrested for reckless operation of a vehicle; or
(12) Any vehicle which, in the impounding authority's opinion, creates a condition which presents a risk of physical harm to persons or property, including vehicles which, without authorization, release, discharge or leak substance into or upon the environment. (Ord. 68-95. Passed 10-10-95.)
(b) Impounding Responsibilities.
(1) For penalty. The removal or storage of an impounded vehicle and the payment of the expenses in connection therewith shall not release the owner, chauffeur, driver or other person in charge of such vehicle from any penalty imposed for a violation of any City traffic ordinance.
(2) For damage or theft. The removal by a police officer of a vehicle for any of the reasons mentioned in subsection (a) hereof shall be at the risk of the owner, chauffeur, driver or other person in charge thereof, and the City shall not be liable for any damage caused by such removal. The storage of any vehicle impounded by the City shall be at the risk of the chauffeur, driver or owner thereof, and the City shall not be liable for damage, theft or destruction by fire of any vehicle so impounded.
(3) For cost of impounding and storage. The expense of the removal, conveyance or towing of such vehicle and the expense of the storage thereof when removed to any impounding place designated by the Director of Safety, shall be borne by the owner, chauffeur, driver or other person in charge thereof, and shall be paid before the vehicle is released from the pound. Cost of towing shall be as follows:
A. Light wrecker service: Minimum ninety dollars ($90.00) for first hour and $90.00 for every hour thereafter.
B. Heavy wrecker service: Minimum $150.00 (any vehicle over 10,000 g.v.w.)
(c) City Pound Authorized. The Director of Safety is authorized, when he determines it necessary, to establish a vehicle pound on the premises owned by the City located on the Worthington-Galena Road which is immediately west of the railroad right of way.
(d) Impounding Notice and Redemption. If, at the expiration of twenty-four hours after any vehicle has been impounded, the owner, chauffeur, driver or other person in charge thereof has not presented himself at the vehicle pound to claim the vehicle, it shall be the duty of the Police Department to notify the chauffeur, driver, owner or other person in charge of the vehicle in writing, at his last known place of residence, informing him of the nature and circumstances of the violation on account of which such vehicle has been impounded, and also the amount of charges for redemption.
When the owner, chauffeur, driver or other person in charge of the impounded vehicle presents himself at the vehicle pound to claim his vehicle, he shall furnish satisfactory proof of his right and title therefor to the Police Department.
(e) Impounding and Storage Charges. No vehicle impounded under the provisions of this chapter shall be removed from the pound except upon the payment, to the officer or other person in charge, of an impounding service charge. The City shall pay the contractor a fee of $90.00 for vehicles which are towed but unclaimed prior to proper disposal. All trucks and cars up to and including a number six tag on trucks shall be $90.00 plus $12.00 per day service charge. Over number six tag shall be $150.00 plus $25.00 per day service charge, and all trucks and trailer units shall be $25.00 per each unit per day for each twenty four (24) hours of storage or fraction thereof; however, the accumulated maximum storage which is to be collected for any vehicle shall not exceed an amount equal to ninety (90) days of storage.
(Ord. 47-80. Passed 6-9-80; Ord. 41-85. Passed 4-22-85; Ord. 98-87. Passed 12-14-87; Ord. 17-91. Passed 2-25-91; Ord. 41-2001. Passed 7-16-01.)