This article shall be known and may be cited
as the "Vehicle Towing, Impoundment and Immobilization Ordinance."
For purpose of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the
present tense include future, words in the plural number include the
singular number, words in the singular number include the plural number
and reference to any gender shall include all genders. The word "shall"
is always mandatory and not merely directory.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
TOWN
The Town of Bethany Beach.
VEHICLE
A machine propelled by power other than human power designated
to travel along the ground by use of wheels, treads, runners or slides
and to transport persons or property or pull machinery and shall include,
without limitation, an automobile, truck, trailer, motorcycle, tractor,
buggy and wagon.
Any police officer of this municipality, while
in the performance of his duty, may remove and tow away or have removed
and towed away by commercial towing service, from any public highway,
highway right-of-way, street or alley within the Town, any vehicle
parked or left standing in such a manner as to create a hazard by
interfering with the normal movement of traffic, by preventing the
exit from or entrance to any public highway, private road or driveway,
by interfering with emergency fire-fighting equipment or any other
emergency vehicle or by being involved in an accident and rendered
incapable of being moved under its own power, or which otherwise creates
a hazard or emergency situation.
Any police officer of this municipality, while
in the performance of his duty, may immobilize, or remove and tow
away, or have removed and towed away, by a commercial towing service,
from any public highway, highway right-of-way, street or alley within
the Town, any vehicle:
A. Parked in violation of any provision of the Town Code
which prohibits parking in a designated area or which restricts the
length of time a vehicle may be parked therein;
B. Parked in violation of any provision of the Town Code
which prohibits parking in a metered area for a longer period than
that covered by the amount paid; or
C. Which has unpaid parking citations issued under any of the provisions of Article
I, Article
II, Article
III and Article
IV of this chapter, totaling $100 or more, each of which has remained unpaid for 10 days or more.
When a motor vehicle or other vehicle is authorized
to be towed away, the Police Department shall keep and maintain a
record of the vehicle towed, listing the color, year of manufacture,
manufacturer's trade name, manufacturer's series name, body style,
vehicle identification number and license plate year and number displayed
on the vehicle. The record shall also include the date and hour of
tow, location towed from, location towed to, reason for towing and
the name of the officer authorizing the tow.
In the event of towing, the Bethany Beach Police Department shall, pending a hearing, issue a release-of-vehicle form (to be presented to the towing company for the release of the vehicle as set forth in §
227-34) to the registered owner or to a person legally entitled to its possession upon:
A. The payment in full of all fines and costs, under
protest. The monies will be held in escrow pending the outcome of
the hearing.
B. A showing of proof of ownership or proof of the right
to possession of the vehicle.
The registered owner of a towed vehicle shall
be responsible for payment in full of all removal and storage costs,
absent a decision by an Alderman that no probable cause existed for
towing.
Subsequent to a decision by the Alderman that
probable cause existed for the towing, or in the absence of a request
for a hearing by the owner of the vehicle, following proper notice,
a towed vehicle shall be released as follows:
A. The owner shall pay to the Town of Bethany Beach the
total of all unpaid parking citations issued to said vehicle. Upon
payment of these fines, the Town shall issue a receipt for payment
and a release-of-vehicle form. The owner shall then present the release-of-vehicle
form to the appropriate towing company. The towing company shall release
said vehicle upon receipt of the release-of-vehicle form, payment
of the costs of the towing and storage of the vehicle, and in accordance
with its own practices and procedures.
B. Proof of ownership or proof of the right to possession
of the vehicle must be submitted, prior to the issuance of a release-of-vehicle
form.
Subsequent to a decision by the Alderman that
no probable cause existed for towing, the Bethany Beach Police Department
shall release the vehicle to the registered owner or to a person legally
entitled to its possession upon a showing of proof of ownership or
proof of the right to possession of the vehicle. The Town of Bethany
Beach shall be responsible for payment in full of all removal and
storage costs. Any bond posted shall be refunded in full.
Any person who tows, removes, stores or keeps a vehicle at the direction of the Bethany Beach Police Department acting under the provisions of this article shall, from the time of taking possession thereof, be entitled to all rights, remedies and authority as provided under the Delaware "garageman's lien" statute, 25 Del. C., Chapter 39, as it may be amended from time to time hereafter, or any future corresponding provision of law; provided, however, that no attempt shall be made to satisfy the garageman's lien until the provision of §
227-36 of this article are complied with by the Town. In exercising such rights, remedies and authority, such persons shall be governed, in all respects, by the terms of that statute.