[Amended 1-10-2000, Ordinance
2000-1 § 3; 9-30-2003, Ordinance 2003-07 § 1; 8-31-2023 by Ord. No. 2023-06]
Members of the Police Department are authorized to remove a
vehicle from a street or highway to the nearest garage or other place
of safety, or to a garage designated or maintained by the Police Department,
or otherwise maintained by the City, under the circumstances hereinafter
enumerated.
1.
When any vehicle is left unattended upon any bridge, viaduct, or
causeway, or in any tube or tunnel where such vehicle constitutes
an obstruction to traffic;
2.
When a vehicle upon a street or highway is so parked or disabled
as to constitute an unsafe traffic condition or to obstruct the free
movement of traffic;
3.
When any vehicle is left unattended upon a street and is so parked
illegally as to constitute a definite hazard or obstruction to the
normal movement of traffic;
4.
When a report has been made that such vehicle has been stolen or
taken without the consent of its owner;
5.
When the person driving or in control of such vehicle is arrested
for an alleged offense;
6.
When the person driving or in control of the vehicle is being stopped
for an alleged offense and leaves such vehicle and successfully eludes
the officer;
7.
At the scene of an accident, when the driver or owner is not in a
position to take charge of the vehicle and direct or request proper
removal;
8.
When the police have determined that the vehicle or the vehicle's
contents constitute evidence of an alleged violation of law, has been
used to transport any person who has committed any offense involving
the use of a firearm, or was directly or indirectly associated with
a drive-by shooting;
9.
For an alleged violation of Article 15 of this Chapter;
10.
For an alleged violation of Article 16 of this Chapter;
12.
When a vehicle is so parked at the scene of an emergency as to impair
the effectiveness of those personnel responding to that emergency.
The scene of an emergency shall be defined as any area surrounding
any emergency that the normal use of the area must be restricted until
the emergency no longer exists;
13.
When a vehicle is so parked or stopped in any manner as to obstruct
or hinder the use or service to any trash dumpster or receptacle;
14.
When the vehicle bears a license plate which has expired for a period
in excess of 90 days, bears a license plate which has been altered
or tampered with, or bears a temporary tag issued more than 90 days
prior to the impoundment, or bears no license plate which would be
in conformance with the Oklahoma Vehicle License Act (47 O.S. § 1101
et seq.); or
15.
The officer has probable cause that the person operating the vehicle
has not been granted driving privileges or that the driving privileges
of the person are currently suspended, revoked, canceled, denied or
disqualified; or
16.
The officer has probable cause that the vehicle is not insured as
required by the Compulsory Insurance Law of this state.
17.
Any police officer who has directed the impoundment of any vehicle,
or an authorized person in the employing agency of the officer, shall
within 72 hours of the impoundment notify the Department of Public
Safety of such impoundment. The notice of impoundment shall contain
the name and address of the owner, if known, the make, model, vehicle
identification number, registration number, date stored, place stored,
and the estimated value of the vehicle as determined by the officer.
This section shall not be construed to create any civil liability
upon the state, any agency of the state, or employee thereof for failure
to provide such notice to the owner or lienholder.
[Amended 8-31-2023 by Ord. No. 2023-06]
The Chief of Police of the City of Weatherford shall be authorized
and directed to cause the impoundment in any public or private storage
yard or place of vehicles under the following circumstances.
1.
When such vehicle is parked on private property without the consent
first had and obtained of the owner, occupant, or person in charge
of the private property, and after complaint in written form signed
by the owner, occupant, or person in charge of such property.
2.
When any such vehicle is found parked in front of, or blocking any
private driveway or public alley.
3.
When such vehicle is found parked between the curb of a public street
and a private property line, unless permitted under the Code of the
City of Weatherford.
4.
When such vehicle has had issued against it three or more parking
tickets, which parking tickets are delinquent and unpaid on the date
of impoundment.
5.
When the driver, or person in charge, of such vehicle is placed under
custodial arrest within the limits of the City of Weatherford, or
after custodial arrest, outside of the limits of the City of Weatherford,
for a violation of Federal, State, or City ordinances committed in
the limits of the City of Weatherford.
[Amended 8-31-2023 by Ord. No. 2023-06]
Any owner of a vehicle found in violation of the provisions of Section 22-216 shall be deemed guilty of creating a public nuisance, which said violation is hereby declared to be, and upon plea of guilty or conviction therefor shall be fined in a sum not exceeding $100, which shall be in addition to any other penalties lawfully assessed against said owner.
[Added 8-31-2023 by Ord. No. 2023-06]
1.
Vehicles seized or impounded by the City may, at the direction of
the Police Department, be transported to such place as the City may
designate.
2.
The owner of the vehicle shall be responsible to the City or the
City's designee for the following costs prior to the City or
the City's designee releasing the vehicle.
a.
The actual cost to have said vehicle transported to the place of
storage, including the actual towing expenses.
b.
A storage charge as allowed by the law charged by the City's
designee. For purposes of this section, the day of receipt shall constitute
the first day and the day of release shall constitute the last day.
c.
All fees incurred by the City or the City's designee, including lien fees, to either return the vehicle to the owner or sell the vehicle pursuant to statutory authority. Prior to releasing the vehicle, the owner shall obtain authorization to release from the Weatherford Police Department, and pay to the City's designee, all costs listed above. If the vehicle is impounded to any lawful authority, then those provisions shall apply in addition to the requirements of this section. If the vehicle is impounded pursuant to the provisions of § 22-215 5, 6, 8, 14, 15, 16, then the owner of the vehicle, or anyone authorized by the owner of the vehicle, shall show proof of valid security verification, valid operator's license and valid vehicle tag registration, before the Police Department will authorize release of the vehicle. If the owner fails to claim the vehicle within the time prescribed by law, then the Mayor, or his designee, is directed to institute proceedings to have the vehicle sold under the applicable statutes of the State of Oklahoma.
[Added 8-31-2023 by Ord. No. 2023-06]
1.
Any vehicle impounded under the authority granted herein shall be stored and held safely until a written order for its release, signed by an authorized officer of the City, has been issued. For vehicles impounded under the authority of § 22-215 5, 6, 8, 14, 15 or 16, such order of release shall be conditioned upon the payment of an impound fee in the amount of $100 by the person to whom the release is issued. This impound fee shall be independent of any fines, costs or fees which may be assessed from citations issued to any person for violation of traffic laws or other ordinance violations involving the impounded vehicle and in addition to any fees owned to the towing service for the impoundment and storage. The Chief of Police is hereby authorized to adopt rules and regulations consistent with this chapter to implement this section.
2.
There is hereby created within the police fund, a special account
into which all impound fees shall be deposited from which expenditures
may be used for enforcement of traffic safety and administration of
this chapter.
[Added 8-31-2023 by Ord. No. 2023-06]
Presentation of the order of release as provided in § 22-218 at the place of impoundment, together with the payment or tender of payment of all impoundment costs and accrued storage charges due, shall entitle the person presenting such release to obtain possession of such vehicle.
