[Adopted 2-28-1984 by Ord. No. 895 as
Art. VIII of Ch. 340 of the 1984 Code]
It shall be unlawful for any person to park
a motor vehicle, except when necessary to avoid conflict with other
traffic or in compliance with law or direction of a police officer
or a traffic control device, at any place on any public street in
the City of Roseville posted for "no parking, tow-away zone."
Any unattended motor vehicle found parked at
any time in violation of this article may, by or under the direction
of any officer of the Roseville Police Department, either by towing
or otherwise, be removed or conveyed to and impounded in any place
designated by the Roseville City Council.
A.
When a motor vehicle is removed and impounded pursuant
to this article, such vehicle shall be surrendered to the duly registered
owner thereof when:
(1)
Such person deposits at the Roseville Police Department
with one of the authorized personnel there the title to the impounded
vehicle issued to such person under the laws of the state where issued;
(2)
Such person deposits at the Roseville Police Department
with one of the authorized personnel there a cash bond in the sum
of $50; provided, however, that if the face amount of the fine or
fines, plus any towing fees and storage fees, exceeds the sum of $50,
then the cash bond shall be equal to the amount of the fine or fines,
plus the accrued storage fees and towing fees;
(3)
Such person (but only if the same person charged with
the parking violation) signs and executes a form prepared by the City
Attorney for the purpose of waiving trial, admitting responsibility
to the parking offense charged and agreeing to and paying the parking
fine, towing fee and storage fees incurred for the period of impoundment
prior to the release of the vehicle from impoundment. The personnel
of the Roseville Police Department are hereby authorized to accept
such waivers of trial and pleas of responsibility to the parking offense
charged and for entering of same in the proper court of competent
jurisdiction, and the personnel of the Roseville Police Department
shall be authorized to collect all such fines and fees and issue receipts
therefor to the person making payment of same; or
(4)
Such person demands a hearing in the 39th Judicial
District Court on the parking violation citation, which hearing must
be held after the owner or other person lawfully entitled to possession
of the vehicle notifies the Clerk of the 39th Judicial District Court
of the intent to challenge the citation and as soon as the police
officer issuing the parking violation citation and a District Judge
or Magistrate is available for a hearing. In the event that the 39th
Judicial District Court dismisses the citation and holds the owner
not responsible and said owner's car is in storage on the date of
the aforementioned hearing, upon receipt of an order of dismissal
from the 39th Judicial District Court, the persons authorized to hold
the removed vehicle shall immediately release it to the owner or other
person lawfully entitled to possession. In those cases where, pursuant
to the authority of this subsection, a removed vehicle is released
to the owner or other person lawfully entitled to possession, then
the City of Roseville shall bear the expense for towing and storage
not to exceed 72 hours' storage fees. It shall be the duty of the
39th Judicial District Court Clerk to furnish to the Chief of Police
an account of the final disposition of any case heard under the hearing
procedures set forth in this subsection within 24 hours after disposition
thereof.
B.
In the event that the person whose vehicle has been impounded deposits the title to the impounded vehicle, or deposits a bond, pursuant to the provisions of Subsection A(1) and (2) hereof, then and in that event, such person shall be issued a summons to appear for trial in accordance with the Traffic Code of the City of Roseville in the same manner and under the same procedures employed for any other traffic violation.
The following notice, printed in eighteen-point
news Gothic bold type, shall be posted in all places to which members
of the public come to recover removed vehicles:
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"ATTENTION: When a motor vehicle is removed
and impounded pursuant to this ordinance, such vehicle shall be surrendered
to the duly registered owner thereof when:
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"a)
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Such person deposits at the Roseville Police
Department with one of the authorized personnel there the title to
the impounded vehicle issued to such person under the laws of the
state where issued; or
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"b)
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Such person deposits at the Roseville Police
Department with one of the authorized personnel there a cash bond
in the sum of $50; provided, however, that if the face amount of the
fine or fines, plus any towing fees and storage fees, exceeds the
sum of $50, then the cash bond shall be equal to the amount of the
fine or fines plus accrued storage fees and towing fees; or
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"c)
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Such person (but only if the same person charged
with the parking violation) signs and executes a form prepared by
the City Attorney for the purpose of waiving trial, admitting responsibility
to the parking offense charged and agreeing to and paying the parking
fine, towing fee and storage fees incurred for the period of impoundment
prior to the release of the vehicle from impoundment. The personnel
of the Roseville Police Department are authorized to accept such waivers
of trial and pleas of responsibility to the parking offense charged,
for entering of same in the proper court of competent jurisdiction;
and the personnel of the Roseville Police Department are authorized
to collect all such fines and fees and issue receipts therefor to
the person making payment of same.
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"d)
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You may demand a hearing on the parking violation
citation giving rise to the removal of your vehicle. A hearing must
be held when the owner or other person lawfully entitled to possession
of the vehicle notifies the Clerk of the 39th Judicial District Court
of the intent to challenge the citation and as soon as the police
officer issuing the parking violation citation and a District Judge
or magistrate is available to appear at the hearing. In the event
the 39th Judicial District Court dismisses the citation, you may recover
your vehicle, and the City of Roseville will pay the tow fees and
up to 72 hours' storage fees. You should appear to request a hearing
at the 39th Judicial District Court between the hours of 9:00 a.m.
and 5:00 p.m., Monday through Friday."
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If the motor vehicle impounded has not been
reclaimed within 24 hours of the time of its impoundment, the City
of Roseville Police Department shall notify the vehicle's last owner
of record (as determined by the license tags thereof) of the place
of impoundment of the vehicle.
Any person found responsible for violation of
this article shall be guilty of a civil infraction and shall be assessed
actual towing fee charges and actual civil storage fee charges for
each day that the vehicle involved was impounded, together with such
court costs as may be imposed by the court in accordance with law.
