[Ord. 2002-527 § 1; Ord. 2002-31 §§ 25, 27; Ord. 97-24 § 1; Ord. 94-293 § 1; Ord. 88-201 § 2; Ord. 81-791 § 3; Ord. 75-423 § 1 (part)]
For the purpose of this chapter, the following terms are defined:
A. 
ABANDONED VEHICLE – Shall mean any of the following:
1. 
A vehicle that has been left unattended on public property for 24 hours;
2. 
A vehicle that has remained illegally parked on public property for 24 hours; or
3. 
A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property; or
4. 
A vehicle that has been legally impounded by order of the police department and has not been reclaimed for a period of 10 days. However, the police department may declare the vehicle abandoned within the ten-day period by commencing the notification process in Iowa Code section 321.89; or
5. 
Any vehicle parked on the highway determined by the police department to create a hazard to other vehicular traffic; or
6. 
A vehicle that has been impounded pursuant to Iowa Code section 321J.4B by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order.
B. 
DEPARTMENT – Shall mean the police department of the City of Davenport, Iowa.
C. 
(Reserved)
D. 
(Reserved)
E. 
PERSON – Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
F. 
PRIVATE PROPERTY – Shall mean any real property within the City which is privately owned and which is not public property as defined in this section.
G. 
PUBLIC PROPERTY – Shall mean any street or highway publicly owned for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.
[Ord. 97-24 § 2; Ord. 81-791 § 4]
The police department, upon its own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody an abandoned vehicle on private property. If the police department takes into custody an abandoned vehicle which has been determined to create a traffic hazard, a report stating the reasons which constitute the hazard shall be made in writing to the appropriate authority having duties of control of the highway or traffic. The department may employ its own personnel, equipment, and facilities for the purpose of removing, preserving, storing, impounding, or disposing of abandoned vehicles or hire a private entity to provide those services.
[Ord. 90-547 § 1; Ord. 415 § 1; Ord. 81-791 § 5; Ord. 78-841; Ord. 78-494; Ord. 75-423 § 1 (part)]
Any vehicle illegally parked, standing, stored or placed within the City of Davenport under any one of the following circumstances is hereby declared a nuisance per se and the department may remove and impound, or have removed and impounded by a commercial towing service, said vehicle without notice to the owner:
A. 
Which blocks the ingress and egress to and from a private driveway without the consent of the owner, or person in control, of the property served thereby;
B. 
Which obstructs the orderly provision of municipal services, including, but not limited to, snow removal, street resurfacing or oiling, and street cleaning;
C. 
Which obstructs, or may obstruct, the movement of any emergency vehicle;
D. 
Which impedes or interferes with, or may impede or interfere with, the normal flow of traffic or the ability of operators of vehicles to keep a proper look-out or the ability of pedestrians crossing at marked or unmarked crosswalks to keep a proper look-out; or
E. 
Which obstructs or interferes with, or may obstruct or interfere with, the use of a fire hydrant;
F. 
Any vehicle parked or stored in such a manner that it constitutes an immediate hazard to any person coming near the vehicle;
G. 
Any vehicle parked or stored upon a street between the hours of 5:00 p.m. and 8:00 a.m. which is a part of the inventory, stock of goods, or received for repairs by a motor vehicle dealer, motorcycle dealer, auctioneer or public garage.
[Ord. 81-791 § 6]
The department may remove and impound, or have removed and impounded by a commercial towing service, any motor vehicle under the control of a person at the time of that person's arrest provided either:
A. 
The arrested person consents to the impoundment;
B. 
The arrested person's motor vehicle reasonably appears to the police officer to constitute a traffic hazard if it remains where located at the time of arrest and the arrested person is unwilling or unable to move the motor vehicle; or
C. 
The arrested person's motor vehicle is parked in a location which creates, in the opinion of the officer, an unreasonable risk of theft or vandalism and the arrested person is intoxicated or otherwise mentally incapable of giving effective consent to the motor vehicle's disposition.
[Ord. 415 § 2; Ord. 81-791 § 7; Ord. 76-151 § 1]
The department may act as agent for any owner or lawful possessor of real property to remove and store, or have removed and stored by a commercial towing service, any vehicle which has been unlawfully parked or placed on that real property, as authorized by Chapter 556B, Code of Iowa. However, prior to removal of said vehicle, the property owner or lawful possessor, shall in writing authorize the department to act as an agent and release, defend, and indemnify, and hold harmless the City of Davenport, its officers, employees and agents from any damages, claim of damages, or liability caused by such removal or storage.
[Ord. 81-791 § 8]
The impoundment and storage of all vehicles pursuant to this chapter shall be in such areas or places as the City Council may from time to time designate.
[Ord. 81-791 § 9; Ord. 75-423 § 1 (part)]
When a vehicle is taken into custody and impounded under the provisions of this chapter, the department shall maintain a record of the vehicle, listing the color, year of manufacture, manufacturer's trade name, body style, vehicle identification number, and license plate and year displayed on the vehicle. The records shall include the date and hour of tow, location towed from, location towed to, person or firm doing the towing, reason for towing and the name of the officer authorizing the tow.
[Ord. 81-791 § 10; Ord. 75-423 § 1 (part)]
Nothing in this chapter shall govern the procedures of any police officer in taking into custody and impounding any vehicle to be used or proposed to be used as evidence in a criminal case involving crimes other than violations of this chapter.
[Ord. 2002-31 § 28; Ord. 81-791 § 11; Ord. 75-423 § 1 (part)]
Before the owner or other person lawfully entitled to possession of any vehicle which has been impounded under the provisions of this chapter or any other provision of law may recover such vehicle, such person shall present to the department evidence of such person's identity and right to possession of the vehicle, shall sign a receipt for its return, and shall pay the costs of removal, preservation, storage, notification, administration and preliminary costs of sale.
[Ord. 415 § 3]
The City Administrator may designate one or more employees of the City to remove and impound, or have removed and impounded by a commercial towing service without notice: vehicles obstructing the orderly provision of municipal services, including, but not limited to, snow removal, street resurfacing or oiling, and street cleaning; hazardous vehicles located on private property; vehicles unlawfully parked on private property; and, with proper notice, junk vehicles on private property.