The City Council of Columbiana finds and declares all of the following:
A. 
Driving a motor vehicle on the public streets and highways is a privilege, not a right.
B. 
Of all drivers involved in fatal accidents, a driver with a suspended or revoked license is more likely to be involved in a fatal accident than a properly licensed driver.
C. 
Alabamians who comply with the law are frequently victims of traffic accidents caused by unlicensed drivers. These innocent victims suffer considerable pain and property loss at the hands of people who flout the law.
D. 
A large number of persons whose driving privilege has been suspended or revoked continue to drive regardless of the law.
E. 
It is necessary and appropriate to take additional steps to prevent unlicensed drivers from driving. The City of Columbiana has a critical interest in enforcing its traffic laws and in keeping unlicensed drivers from illegally driving. Seizing the vehicles used by unlicensed drivers serves a significant government and public interest, namely the protection of the health, safety, and welfare of the citizens of Columbiana from the harm of unlicensed drivers who are involved in a disproportionate number of traffic incidents, and the avoidance of the associated destruction and damage to lives and property.
(Ord. 04-00-02)
A. 
Any person who operates a motor vehicle upon the streets of the City or its police jurisdiction, while his or her driver's license or driving privilege is revoked, suspended or cancelled for any reason under the laws of this state or similar laws of any other state or territory, or has no proof of valid insurance or insurance cannot be confirmed, or while his or her driver's license or driving privilege is suspended, revoked or cancelled for any reason, including but not limited to being an adjudicated delinquent or a youthful offender based on any offense, or while his or her driver's license or driving privilege is suspended, revoked or cancelled as a result of failure to comply with the implied consent law of the state or laws of another state, or who has been an adjudicated delinquent or a youthful offender based on an offense that if the person had been an adult would have been a conviction of driving under the influence of a controlled substance or alcohol or failure to comply with the implied consent law, shall be immediately removed from the vehicle.
B. 
The vehicle, regarding of ownership or possessor's interest of the operator or person present in the vehicle, except when the owner of the vehicle or another family member of the owner is present in the vehicle and presents a valid driver's license, shall be impounded by any duly sworn law enforcement officer. If there is an emergency of medical necessity jeopardizing life or limb, the law enforcement officer may elect not to impound the vehicle.
C. 
The impounding shall be conducted pursuant to the impoundment procedures in Section 32-6-19 et seq., Code of Alabama 1975, as amended.
(Ord. 04-00-02; Ord. 11-21-06)