Whenever a vehicle without an operator is found parked in violation
of a restriction imposed by this title, the officer finding the vehicle
shall take its license number and any other information displayed
on the vehicle which may identify its owner, and shall conspicuously
affix to the vehicle a traffic citation for the operator to answer
to the charge against him or her or pay the penalty imposed within
5 days during the hours and at a place specified in the citation.
Penalty, see § 70.99
(Am. Ord. 769, passed 12-6-2021; Ord. 435, passed 12-8-1975; 1993 Code, § 5-2.28)
If the operator does not respond to a traffic citation affixed
to a vehicle within a period of 5 days, the Municipal Judge may send
to the owner of the vehicle to which the traffic citation was affixed
a letter informing him or her of the violation.
Penalty, see § 70.99
(Am. Ord. 769, passed 12-6-2021; Ord. 435, passed 12-8-1975; 1993 Code, § 5-2.29)
The owner of a vehicle placed in violation of a parking restriction
shall be responsible for the offense, except when the use of the vehicle
was secured by the operator without the owner's consent.
Penalty, see § 70.99
(Am. Ord. 769, passed 12-6-2021; Ord. 435, passed 12-8-1975; 1993 Code, § 5-2.30)
In a prosecution of a vehicle owner charging a violation of
a restriction on parking, proof that the vehicle at the time of the
violation was registered to the defendant shall constitute a presumption
that he or she was then the owner in fact.
(Am. Ord. 769, passed 12-6-2021; Ord. 435, passed 12-8-1975; 1993 Code, § 5-2.31)
(A)
Whenever
a vehicle is placed in a manner or location that constitutes an obstruction
to traffic or a hazard to public safety, a police officer shall order
the owner or operator of the vehicle to remove it. If the vehicle
is unattended, the officer may cause the vehicle to be towed and stored
at the owner's expense. The owner shall be liable for the costs of
towing and storing, notwithstanding that the vehicle was parked by
another or that the vehicle was initially parked in a safe manner,
but subsequently became an obstruction or hazard.
(B)
The
disposition of a vehicle towed and stored under authority of this
section shall be in accordance with the provisions of the ordinance
of the city relating to impoundment and disposition of vehicles abandoned
on the city streets.
(C)
The
impoundment of a vehicle will not preclude the issuance of a citation
for violation of a provision of this title.
(D)
Stolen
vehicles may be towed from public or private property and stored at
the expense of the vehicle owner.
(E)
Whenever
a police officer observes a vehicle parked in violation of a provision
of this title, if the vehicle has 4 or more unpaid parking violations
outstanding against it, the officer may, in addition to issuing a
citation, cause the vehicle to be impounded. A vehicle so impounded
shall not be released until all outstanding fines and charges have
been paid. Vehicles impounded under authority of this division shall
be disposed of in the same manner as is provided in division (B) of
this section.
(F)
Whenever
a traffic citation is issued, or a physical arrest made for a violation
of the State Vehicle Code, or local traffic regulations, and the driver
of the motor vehicle does not possess a valid operator's license,
is operating with driving privileges expired for more than a year,
is driving on a suspended or revoked license, is driving in violation
of a hardship permit, is driving under the influence of intoxicants,
or is without liability insurance required by the State Vehicle Code,
the officer may, in addition to issuing a citation, cause the vehicle
to be impounded.
(1)
A
police officer who impounds a vehicle and who does not arrest the
person driving the vehicle shall offer the person driving a ride to
any requested point within the city.
(2)
The
owner shall be liable for the costs of towing and storing plus administrative
costs to the city prior to release of the vehicle. The name of the
last registered owner of the impounded vehicle shall be determined
and notification mailed within 24 hours to the address indicated.
The owner of the impounded vehicle, or the owner's authorized agent,
may redeem the vehicle upon presentation of proof of ownership, proof
of compliance with financial responsibility requirements of state
law, possession of a valid driver's license, payment of an administrative
impound fee, and upon payment of the towing bill and storage fees.
(3)
The
owner of record shall be afforded the opportunity to a hearing to
present clear and convincing evidence that his or her vehicle was
being driven without his or her knowledge or consent. If the owner
satisfactorily establishes this situation existed, no towing or storage
fee will be required for the release of the vehicle.
(4)
The
owner of the vehicle is entitled to any personal property contained
in the vehicle and not physically attached to the vehicle regardless
of compliance with other requirements of this section.
(Am. Ord. 769, passed 12-6-2021; Am. Ord. 658, passed 2-1-1999; Am. Ord. 564, passed 8-14-1989; Ord.
435, passed 12-8-1975; 1993 Code, § 5-2.32)
