[Res. No. 20-09, 3-24-2009; amended 3-9-2016 by Res. No. 15-16]
(a) 
The Olean Chief of Police shall have the power and authority to provide for the removal, immobilization and storage of vehicles parked in violation of any statute, ordinance, rule or regulation for vehicles on which there are any number of outstanding traffic warrants or fines for parking violations.
(b) 
When a vehicle is parked or abandoned on a public street or public parking lot in the City of Olean during a snowstorm, flood, fire or other public emergency which affects that portion of the public street or parking lot upon which said vehicle is parked or abandoned, said vehicle may be removed by or under the direction of the Chief of Police.
(c) 
When a vehicle is found unattended on a public street or public parking lot within the City of Olean where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or under the direction of the Chief of Police.
(d) 
When a vehicle is parked or stopped upon a public street or public highway within the City of Olean in excess of 36 hours, said vehicle may be removed by or under the direction of the Police Chief, Fire Chief or Director of Public Works when conditions, in his/her sole discretion, shall require such removal.
(e) 
Any unattended vehicle found parked upon a street or on any City-owned property or property under the jurisdiction or control of the City against which there are three or more outstanding or otherwise unsettled parking violation summonses for which judgments have been issued may, by or under the direction of a police officer or parking enforcement officer, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the Chief of Police or immobilized in such a manner as to prevent its operation, except that no such vehicle shall be immobilized by any means other than by use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.
(f) 
Such vehicles towed and removed as aforesaid may be stored at a private impound lot as designated by the Olean Chief of Police.
(g) 
Such towing, removal and storage shall be at the sole expense and risk of the owner of the vehicle.
It shall be the duty of the police officer, parking enforcement officer removing or immobilizing such motor vehicle or under whose direction such motor vehicle is removed or immobilized to inform as soon as practicable the Chief of Police or his designee, who shall in turn inform by telephone (if possible) and by first class mail the owner of the impounded or immobilized vehicle of the nature and circumstances of the prior unsettled parking violations summonses, for which or on account of which such vehicle was impounded or immobilized. In any case involving immobilization of a vehicle pursuant to this subsection, such police officer or parking enforcement officer shall cause to be placed on such vehicle, in a conspicuous manner, a notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle.
Any attempt by any person to tamper with, deface, remove or destroy an immobilization device or to move by any means a vehicle towed or secured as herein provided may result in the prosecution of such person for any offense separate from and in addition to the parking violations; in addition, such person shall be liable for any loss suffered by the City of Olean due to any such attempt.
(a) 
The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Parking Enforcement Division concerning all outstanding summonses and judgments against said vehicle and by payment of the total sum due as outlined in Section 24-54, Schedule of Fines and Penalties. Additional fees may be owed to the contractor hired to immobilize or tow said vehicle prior to removal of immobilization device or release from storage.
(b) 
While a vehicle is immobilized as herein provided, parking restrictions to which the vehicle may be subject shall be suspended during such immobilization period.
If any provision of this Division 4 or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the division and the application of such division to other persons and circumstances shall not be affected thereby.
This Division 4 shall supersede any and all the provisions of ordinances, rules or regulations previously enacted or promulgated which are inconsistent with the provisions of this division.