[Ord. 106, passed 10-14-1955]
The Chief of Police is hereby authorized to remove and impound,
or to order the removal and impounding of, any vehicle parked on any
of the streets or public property of the Town in violation of the
provisions of this Traffic Code or regulations authorized by it. However,
no vehicle shall be removed or impounded except in strict adherence
to the provisions of this section.
(a)
Garage. No vehicle shall be impounded in any garage beyond the territorial
limits of the Town nor in any garage which has not, in advance, posted
a bond in the amount of $5,000 to be filed with the Town Secretary,
for the indemnifying of the owner of any such impounded vehicle against
the loss thereof, or any injury or damage thereto, while in the custody
of the pound keeper.
(b)
Towing and storage charges. Any bonded garage shall have, in advance,
filed with the Town Secretary, its fixed charges for towing and storage.
No charges may be made in excess thereof until advance notice of a
change in rates is sent to the Town Secretary by the bonded garage.
(c)
Chief of police to notify owner of impounded vehicles. Within 12
hours from the time of removal of any vehicle under authority granted
by this section, notice of the fact that such vehicle has been impounded
shall be sent by the Chief of Police to the owner of record of such
vehicle. Such notice shall designate the place from which the vehicle
was removed, the reason for its removal and impounding, and the pound
in which it was impounded.
(d)
Effect of payment of towing and impounding charges without protest.
The payment of any towing and impounding charges, authorized by this
section, unless such payment was made "under protest", shall be final
and conclusive, and shall constitute a waiver of any right to recover
the money so paid.
(e)
Effect of payment of charges under protest. In the event that any
towing and impounding charges are paid "under protest", the offender
shall be entitled to a hearing before a magistrate or court of record
having jurisdiction, in which case such defendant shall be proceeded
against and shall receive such notice as is provided by the Vehicle
Code in other cases of summary offenses, and shall have the same rights
as to appeal and waiver of hearing.
(f)
Records of vehicles removed and impounded. The Chief of Police shall
keep a record of all vehicles impounded and shall be able at all reasonable
times to furnish the owners or agents of the owners thereof with information
as to the place of storage of such vehicles.
(g)
Owner or operator of vehicle remains liable for fine or penalty.
The payment of towing and storage charges shall not operate to relieve
the owner or operator of any vehicle from liability for any fine or
penalty for the violation of any law or ordinance on account of which
the vehicle was removed and impounded.
(h)
Restrictions upon removal of vehicles. No vehicle shall be removed
under the authority of this section if, at the time of the intended
removal thereof, the owner or person for the time being in charge
of such vehicle is present and expresses a willingness and intention
to remove such vehicle immediately.
(i)
Authority of other police officers. Any powers delegated by this
section to the Chief of Police shall be construed to be delegated
to any police officer on duty in the absence of the Chief.
[1]
Editor's Note: Former § 513.02 was repealed 10-24-2011
by Ord. No. 1401.
[Ord. 335, passed 2-26-1962]
Any person violating any provision of Section 513.02 shall, be fined not less than $5 nor more than $50 for the first offense, and not less than $10 nor more than $100 for each subsequent offense, and in default of payment shall be imprisoned for not more than 30 days. All fines collected upon conviction or upon forfeiture of jail shall be paid to the Town.
