[Amended 3-9-1995 by Ord. No. 320]
A. Police officers of the Elsmere Public Safety Department
and all sworn Code Enforcement Officials of the Town of Elsmere shall
be the only persons authorized to direct the removal of any vehicle
pursuant to the provisions of this article.
B. Any vehicle parked in violation of a tow-away area, so designated and marked conspicuously, or in violation of the provisions of §
215-7B may be removed immediately by a police officer or sworn Code Enforcement Official of the Town of Elsmere.
C. Such police officer or Code Enforcement Official authorized
to remove vehicle pursuant to provisions of this article shall be
present at the time of removal and shall securely affix a towing notice
form in a prominent place on such vehicle, such form to bear the license
number and state of registration of the vehicle, the date, time, place
and nature of the violation and the name and identifying badge number
of the person directing the removal of the vehicle.
D. Whenever any vehicle may be subject to being towed
away and/or impounded under the provisions of this article, the persons
authorized to so tow and/or impound such vehicle shall be authorized
to affix to such a vehicle a violation summons. Any owner or agent
receiving a summons as provided in this subsection shall be subject
to a fine of $25. This fine shall not relieve the owner or agent from
liability for any fine or penalty that may be imposed for violations
for which the vehicle was towed away and/or impounded.
[Amended 9-18-2003 by Ord. No. 420]
The person directing the removal of any vehicle
under the provisions of this article shall as soon as possible thereafter
make a report thereof to the Public Safety Department, giving the
registration number, year and name of state on the license plate thereof,
together with the location of the point to which the vehicle has been
removed and the reason for its removal. Within five days from the
removal of any vehicle, provided that the vehicle has not been released
from the pound, the officer who caused the vehicle to be removed shall
send the owner, by registered mail, a notice that the same has been
impounded, designating the place from which such vehicle was removed,
and the reason for its removal and impounding, and the location of
the pound in which it is impounded.
Before the owner or his agent (hereinafter "owner")
shall be permitted to remove an impounded vehicle from any pound provided
for by this article, the following steps shall be taken:
A. The owner shall pay to the Town of Elsmere any fines
due and owing for the violations for which the vehicle was towed,
as well as any other fines for any other parking violations which
the vehicle owner may owe to the Town. Upon payment of these fines,
the Elsmere Public Safety Department will provide a receipt.
[Amended 3-9-1995 by Ord. No. 320]
B. The owner shall present proof of ownership of the
vehicle to the Elsmere Public Safety Department. The owner will then
be issued a release-of-vehicle form.
C. The owner shall then deliver to the official pound
the release-of-vehicle form, and he shall also pay to the pound operator
all towing and storage charges. The towing and storage charges shall
not exceed the amounts agreed upon between the pound operator and
the Town in the current contract for towing charges. A printed statement
of the charges which the pound operator is permitted to charge under
contract can be obtained through the Elsmere Public Safety Department.
A statement of charges shall also be prominently posted in a public
area at the pound.
The Council of the Town of Elsmere, through
resolution of said body, may establish and properly designate areas
to be known as "fire lanes" where it deems necessary to effectively
locate, access and extinguish a fire or like emergency around a building
or property.
[Amended 3-9-1995 by Ord. No. 320]
No law enforcement officer, fire officer in
charge of this delegate or fire marshal or his deputy or Code Enforcement
Official of the Town of Elsmere enforcing this article, and no one
who removes a vehicle from a prohibited area as described in this
article or stores such a vehicle, having been directed to remove or
store such vehicle by a person authorized to enforce this article,
shall be liable for criminal prosecution for any conduct directly
relating to the enforcement of this article or liable to any person
for negligence, resulting in the injury to or loss or destruction
of any real or personal property if such negligence arises out of
the enforcement of this article; provided, however, that such persons
shall be liable for loss or destruction of any real or personal property
caused by acts or omissions amounting to gross negligence or willful
wanton misconduct.
If any vehicle found by a person authorized
to enforce this article to be in violation of this article is unattended
at the time the violation is discovered and the identity of the operator
is not apparent, the person in whose name such vehicle is registered
as owner shall be held prima facie responsible for such violation.