[Adopted 1-8-1985 by Ord. No. 1-1985]
[Amended 3-11-1986 by Ord. No. 23-1986]
It shall be unlawful to permit any motor vehicle which is duly registered
but has become inoperative to remain parked on a city street, parking lot
or other public property for more than 72 hours after such vehicle has become
inoperative.
A.
A registered motor vehicle shall be deemed inoperative
if mechanical or other motor vehicle parts necessary for the operation of
the motor vehicle on a highway, city street or other public place are not
properly installed in or on the motor vehicle. A registered motor vehicle
that has been deemed inoperative is authorized to be towed by the city if
the deemed inoperative motor vehicle owner has been given six hours'
notification by the Police Department or a Code Enforcement Officer to move
the motor vehicle, and the registered owner does not or refuses to move the
motor vehicle.
[Amended 8-13-1996 by Ord. No. 45-1996]
B.
A registered motor vehicle shall be presumed inoperative
if the registered owner has not moved the motor vehicle from its same position
on a city street, parking lot or other public property for more than 72 hours,
and the city reasonably suspects the motor vehicle to be inoperative or determines
said motor vehicle should be moved in the interest of public safety and welfare.
A registered motor vehicle presumed inoperative is authorized to be towed
by the city, if the presumed inoperative motor vehicle owner has been given
24 hours' notification by the Police Department or a Code Enforcement
Officer to move the motor vehicle and the registered owner does not move the
motor vehicle or refuses to move the motor vehicle.
[Amended 8-13-1996 by Ord. No. 45-1996]
It shall be the duty of the registered owner of the motor vehicle to
remove the same from the public street, parking lot or other public property
after due notification by the Police Department in the form of a notice to
be prescribed that such vehicle should be removed from its position within
24 hours.
Such vehicle shall be removed to private property or to a commercial
garage and shall not under any circumstances be moved to another position
on a public street, parking lot or other public property.
In the event that a vehicle is not removed within 24 hours after notice,
its removal by a towing service may be authorized by order of the Chief of
Police, the Mayor, the Commissioner of Public Works, the Fire Chief or the
Corporation Counsel.
When a vehicle is removed from a public street, parking lot or other
public property under the provisions of this article, the owner of the vehicle
will be responsible for all towing costs, and such cost will be a lien upon
the vehicle.
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.
A.
When the municipal Police Department does not know the
identity of the registered owner or other legally entitled person, they will
cause the state motor vehicle registration records to be searched for the
purpose of obtaining the required ownership information.
B.
The Police Department will cause the stolen motor vehicle
files of the State Police to be searched by a directed communication to the
State Police for stolen or wanted information on the vehicle. When the State
Police files are searched with negative results, the Police Department will
cause the information contained in the national crime information center (NCIC)
files to be searched by the State Police. The information determined from
these record searches will be used by the Police Department in sending a notification
by certified mail or personal delivery to the owner or legally entitled person
advising where the vehicle is held, requesting a disposition be made and setting
forth public sale information.
C.
When the registered owner or other person legally entitled
to the possession of a motor vehicle or other vehicle cannot be identified
from the registration file of the state or from the registration files of
a foreign state, if applicable, the Police Department shall notify the State
Police for the purpose of identifying the vehicle's owner or other person
legally entitled to the possession of the vehicle. The information obtained
by the State Police will be immediately forwarded to the law enforcement agency
having custody of the vehicle for notification of the owner.
Any time before a motor vehicle or other vehicle is sold at public sale
or disposed of as provided herein, the owner or other person legally entitled
to its possession may reclaim the vehicle by presenting to the Police Department
proof of ownership or proof of the right to possession of the vehicle. No
vehicle shall be released to the owner or other person under this section
until all towing and storage charges have been paid.
A.
Whenever an abandoned, lost, stolen or unclaimed motor
vehicle or other vehicle (of seven years of age or newer and exceeding $750
in value) remains unclaimed by the registered owner or other person legally
entitled to its possession for a period of 30 days after notice has been given
as provided herein, the Police Department having possession of the vehicle
shall cause it to be sold at public sale to the highest bidder. Notice of
the time and place of the sale shall be posted in a conspicuous place for
at least 10 days prior to the sale on the premises where the vehicle has been
impounded. At least 10 days prior to the sale, the Police Department shall
cause a notice of the time and place of the sale to be sent by certified mail
to the registered owner or other person known by the Police Department or
towing service to be legally entitled to the possession of the vehicle. Such
notice shall contain a complete description of the vehicle to be sold and
what steps must be taken by any legally entitled person to reclaim the vehicle.
B.
In those instances where the certified notification specified
herein has been returned by the postal authorities to the Police Department
due to the addressee having moved or being unknown at the address obtained
from the registration records of this state, the sending of a second certified
notice will not be required.
When the identity of the registered owner or other person legally entitled
to the possession of an abandoned, lost or unclaimed vehicle (of seven years
of age or newer and exceeding $750 in value) cannot be determined by any means
provided for in this article, the vehicle may be sold as provided herein or
disposed of in the manner authorized by this article without notice to the
registered owner or other person legally entitled to the possession of the
vehicles.
When a motor vehicle or other vehicle in the custody of the Police Department
is reclaimed by the registered owner or other legally entitled person, or
when the vehicle is sold at public sale or otherwise disposed of as provided
by this article, a report of the transaction will be retained by the Police
Department for a period of one year from the date of the sale or disposal.
When a vehicle located within the corporate limits of the city is authorized
to be towed away by the Chief of Police and disposed of as set forth in this
article, the proceeds of the public sale or disposition after the deduction
of towing, storage and processing charges shall be deposited in the municipal
treasury.
Any police officer, towing service owner, operator or employee shall
not be held to answer or be liable for damages in any action brought by the
registered owner, former registered owner or his legal representative or any
other person legally entitled to the possession of a motor vehicle or other
vehicle when the vehicle was processed and sold or disposed of as provided
by this article.
[Added 12-10-1996 by L.L. No. 4-1996]
Any person, firm, copartnership or corporation violating any provision
of this article shall, upon conviction, be subject to a fine not more than
$250 or imprisonment for not more than 15 days, or both.
