[Ord. #760, § 5; 1958 Code § 20.83]
As used in this section:
VEHICLE
Shall mean a device in, upon or by which any person or property
is or may be propelled, moved or drawn upon a highway, excepting a
device moved by human power or used exclusively upon stationary rails
or tracks.
[Ord. #796, § 1; Ord. #63-06, § 1; Ord.
#65-05, § 1; 1958 Code § 20.84; Ord. #87-016,
§ 1]
The Police Department may remove and impound any vehicle under
the following circumstances:
a. When any vehicle is left standing on any street in the City for a
period of seventy-two (72) consecutive hours or more. Movement of
a vehicle for a distance less then twenty-five (25') feet or removal
of the vehicle from the location for a period of less than two (2)
hours for the purpose of defeating the intent of this subsection shall
be without effect and shall not relieve the vehicle or the owner thereof
from the provisions of this section or from the penalty prescribed
in Section 1-9 of this Code.
b. When a vehicle is illegally parked on any street in the City in violation
of any City ordinance forbidding standing or parking and the use of
a street or a portion thereof is necessary for the cleaning, repair
or construction of the street or the installation of underground utilities
and signs giving notice that such a vehicle may be removed are erected
or placed at least twenty-four (24) hours prior to the removal.
c. Where the use of the street or any portion thereof is authorized
by City authorities for a purpose other than the normal flow of traffic
or for the movement of equipment, articles or structures of unusual
size and the parking of such vehicles would prohibit or interfere
with such use or movement and signs giving notice that such vehicles
may be removed are erected or placed at least twenty-four (24) hours
prior to the removal.
d. Where any vehicle is parked or left standing where City authorities,
by resolution or ordinance, have prohibited such parking and have
authorized the removal by ordinance. No vehicle may be removed unless
signs are posted giving notice of the removal.
e. The Police Department shall be authorized to levy a twenty-five ($25.00)
dollar processing fee to the owner of any vehicle impounded for a
violation of this section. This fee shall be in addition to any fines,
towing and storage charges incurred as a result of a violation of
this subsection.
[Ord. #760, § 2; 1958 Code § 20.85]
When any vehicle is impounded by the Police Department as provided in subsection
9-13.2, the officer so impounding the vehicle shall remove it from the street wherein it is located to the nearest garage or other place of safety or to a garage designated or maintained by the City.
[Ord. #760, § 3; 1958 Code § 20.86]
Whenever an officer of the Police Department removes a vehicle
as authorized in this section, and the officer knows or is able to
ascertain from the registration record in the vehicle the name and
address of the owner thereof, such officer shall immediately give
or cause to be given notice in writing to such owner of the fact of
such removal, the grounds thereof and of the place to which such vehicle
has been removed. In the event any such vehicle is stored in a public
garage, a copy of such notice shall be given to the proprietor of
such garage.
[Ord. #760, § 3; 1958 Code § 20.87]
Whenever an officer of the Police Department removes a vehicle under this section and does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in subsection
9-13.4 and in the event the vehicle is not returned to the owner within a period of one hundred twenty (120) hours, the officer shall immediately send or cause to be sent a written report of such removal by mail to the State Department of Motor Vehicles and shall file a copy of such report with the proprietor of any public garage in which the vehicle may be stored. Such report shall be made in accordance with the provisions of Section 585 of the
Vehicle Code of the State.
[Ord. #760, § 4; 1958 Code § 20.88]
Whenever any vehicle has been removed to a garage under the
provisions of this section, and the keeper of such garage has received
the notices provided for from the arresting officer, such keeper shall
have a lien dependent upon possession for his compensation for towage
and for caring for and keeping safe such vehicle for a period not
exceeding ninety (90) days.