[Amended 11-14-2011 by Ord. No. O-12-09]
A vehicle subject to impoundment under any provision of federal, state, or local law may be impounded without giving prior notice to its owner under the following circumstances:
A. 
When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or
B. 
When the vehicle is illegally parked in any zone that has been limited to designated classes of vehicles or where parking is prohibited during certain hours, on designated days or at all times, and where such vehicle is interfering with the proper and intended use of such zones; or
C. 
When the vehicle imposes an immediate danger to the public safety; or
D. 
When a police officer has a probable cause to believe that the vehicle is stolen; or
E. 
When a police officer has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or observe such evidence; or
F. 
When the operator of the vehicle has been taken into custody and impoundment of the vehicle is reasonably necessary to provide for the safekeeping of the vehicle; or
G. 
When the vehicle is both:
(1) 
An abandoned vehicle as defined by § 150-49B; and
(2) 
Located on any public street, highway, roadway, shoulder, other public property or public utility right-of-way, provided that any impoundment from public property must be at the direction of the Police Department; or
H. 
When the vehicle is found parked in a reserved parking space in violation of § 150-14; or
I. 
When the vehicle is parked on private property in violation of § 150-9; or
J. 
When the vehicle is parked in violation of § 150-52; or
K. 
When the vehicle is parked in violation of § 150-53; or
L. 
When the vehicle is parked on a street where parking is restricted or prohibited to allow for street cleaning and other street maintenance activity.
M. 
When the vehicle is parked in violation of § 150-3; or
[Added 9-18-2017 by Ord. No. O-18-01]
N. 
When the vehicle is designed for off-road use and is being operated or parked on public property without authorization and/or is not in compliance with applicable law; or
[Added 9-18-2017 by Ord. No. O-18-01]
O. 
Any vehicle operated on a roadway or parked on public property which is unregistered, displaying improper tags, or has expired registration; or
[Added 9-18-2017 by Ord. No. O-18-01]
P. 
Any vehicle being operated on public property or roadway which is unsafe for such use; or
[Added 9-18-2017 by Ord. No. O-18-01]
Q. 
Any vehicle which is or was operated by a driver that is not legally permitted to operate a vehicle on a roadway; or
[Added 9-18-2017 by Ord. No. O-18-01]
R. 
When the vehicle is parked in violation of § 150-65; or
[Added 9-18-2017 by Ord. No. O-18-01]
S. 
When the vehicle is parked in violation of § 150-47.
[Added 9-18-2017 by Ord. No. O-18-01]
[Amended 9-18-2017 by Ord. No. O-18-01]
A vehicle that is otherwise subject to impoundment pursuant to federal, state, or local law but may not be subject to impoundment without prior notice pursuant to § 150-24 of this code may not be impounded until 72 hours after notice of such proposed impoundment has been securely attached to, and conspicuously displayed on the vehicle.
A. 
Within two full City working days after impoundment of any vehicle pursuant to § 150-24A(1) through (7) of this code, the Police Department or a designated service provider shall mail a notice by first class mail to the last known registered owner of the vehicle and to each secured party, as may be disclosed by the vehicle license number, if such be obtainable, and to any other person who claims the right to possession of the vehicle, if such a claim is actually known to an officer, agent or employee of the Police Department who has knowledge of the impoundment. If a police officer who has knowledge of the impoundment has reason to believe that an owner or one who claims the right to possession of the vehicle is residing or is in custody at some different address which is known to the officer, a copy of the notice shall also be mailed by regular mail to such owner or claimant at the known address. If a vehicle is redeemed prior to the mailing of such notice, then notice need not be mailed.
[Amended 9-18-2017 by Ord. No. O-18-01]
B. 
The notice shall contain the following:
(1) 
A statement as to the reason why the vehicle has been impounded;
(2) 
The year, make, model, and vehicle identification number of the vehicle;
(3) 
The location of the impoundment facility where the vehicle is being held;
(4) 
A statement that the vehicle owner or secured party has the right to a hearing to contest the validity of the impoundment at any time within 21 calendar days of the date of such notice by filing a request for hearing with the Police Department on a request form which shall be included with such notice; and
(5) 
A statement that the owner or the secured party may have a right, depending upon the reason for the impoundment, to reclaim the vehicle upon payment of all outstanding parking violations and all towing and storage charges resulting from the storage and towing of the vehicle.
A. 
Within 21 calendar days from the date notice is mailed by the Police Department pursuant to § 150-26, the owner or secured party of a vehicle which has been impounded may request that a hearing be held to determine whether there was probable cause to impound the vehicle. The request for a hearing shall be made by filing a request-for-hearing form with the Police Department.
B. 
A hearing shall be conducted before a hearing officer designated by the City Administrator within 24 hours of receipt of a written demand from the person seeking the hearing, unless such person waives the right to a speedy hearing. Saturdays, Sundays and City holidays are to be excluded from the twenty-four-hour period.
C. 
The sole issue before the hearing officer shall be whether there was probable cause to impound the vehicle in question. "Probable cause to impound" shall mean such a state of facts as would lead a person with ordinary care and prudence to believe that there was sufficient breach of local, state, or federal law to grant legal authority for the removal of the vehicle.
D. 
The hearing officer shall conduct the hearing in an informal manner so as to provide fundamental fairness and shall not be bound by formal rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The Police Department shall carry the burden of establishing that there was probable cause to impound the vehicle in question. At the conclusion of the hearing, the hearing officer shall prepare a written decision, which shall be made available to all interested parties. The hearing officer's decision in no way affects any criminal proceeding in connection with the impoundment in question, and any criminal charges shall only be challenged in the appropriate court. The decision of the hearing officer is final. Failure of the registered or legal owner to request or attend a scheduled hearing shall be deemed a waiver of the right to such hearing.
A. 
If the hearing officer determines that there was no probable cause to impound the vehicle, the hearing officer shall prepare and date a "certificate of no probable cause," copies of which shall be given to the person who has the right to possess the vehicle and the Police Department. Upon the presentation of this certificate, the custodian of the vehicle shall release the vehicle without payment of towing and storage fees. Costs of the hearing and towing and storage fees shall be paid by the City or the owner of the premises from which the vehicle was towed if such owner or his agent authorized the towing and impoundment. Failure to present this certificate to the custodian of the vehicle within 24 hours of its receipt, excluding such days when the custodian is not open for business, shall result in the liability of the owner or possessor of all subsequent storage charges and a lien by the custodian on the vehicle for the amount of such charges.
B. 
If the hearing officer determines that there was probable cause to impound the vehicle, then the vehicle can be reclaimed only after payment of the costs of the hearing, all towing and storage charges and costs of notice incurred by the Police Department in connection with the impoundment.
A. 
The owner or secured party of a vehicle which has been impounded may redeem such vehicle without a hearing by paying all towing and storage charges and the costs of notice incurred by the Police Department in connection with said impoundment.
B. 
The owner or secured party may redeem the vehicle prior to a hearing without waiving the right to a hearing by posting a bond in the amount of all towing and storage costs and costs of notice incurred by the Police Department accruing up to the scheduled date of the hearing. This bond shall be forfeited in the event that the person requesting a hearing fails to attend the scheduled hearing or the hearing officer determines that there was probable cause to impoundment the vehicle.