[Traf. Code § 87c; amended 3-23-1981 by Ord. No.
1221]
A.
Members of the Police Department and the Department
of Transportation are hereby authorized to remove a vehicle from a
street or highway to a place of safety, or to a garage designated
or maintained by the Police Department, under the following circumstances:
(1)
When any vehicle is left unattended upon any bridge,
viaduct, causeway or subway, where such vehicle constitutes an obstruction
to traffic.
(2)
When a vehicle upon a highway is so disabled as to
constitute an obstruction to traffic and the person in charge of the
vehicle is, by reason of physical injury, incapacitated to such an
extent as to be unable to provide for its custody or removal.
(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 vehicle is found being driven upon the streets
and is not in proper condition to be driven.
(5)
When a vehicle is left unattended upon a street continuously
for more than 48 hours, then it may be presumed to be abandoned.
(6)
When the driver of a vehicle is taken into custody
by the Police Department and such vehicle would thereby be left unattended
upon a street.
(7)
When removal is necessary in the interest of public
safety because of fire, flood, storm, snow or other emergency reason.
(8)
When six or more citations have been issued within
one year against the driver or owner of a vehicle, and such citations
have been disregarded.
(9)
When a vehicle is parked in front of a public or private
driveway or in such a manner as to constitute a definite hazard or
obstruction to the normal movement of traffic on a public street or
from a public or private driveway onto a public street.
[Traf. Code § 86c]
Whenever an officer removes a vehicle from a street, as authorized in § 36-262, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall, within a reasonable period of time, give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a garage, a copy of such notice shall be given to the proprietor of such garage.
[Traf. Code § 86c]
Whenever an officer removes a vehicle from a street, as authorized in § 36-262, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as provided for in § 36-263, and in the event the vehicle is not returned to the owner within a period of three days, then and in that event the officer shall, within a reasonable period of time, send or cause to be sent a written report of such removal by mail to the commissioner of state police, and shall file a copy of such report with the proprietor of any garage in which the vehicle may be stored. Such report shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.
[Traf. Code § 87c; amended 10-28-1985 by Ord. No.
1364]
A.
In case of the impounding of a vehicle under this
article, the Public Safety Department shall process the vehicle in
accordance with the Abandoned Vehicle Act, MCLA § 257.252a
et seq., as amended, or, if inapplicable, the department shall proceed
as follows: The department is empowered to restore the same to the
owner thereof, or his agent, upon the payment of all charges outstanding
against the same, including unsettled citations in the amounts then
prevailing and charges for towing and storage, or if such owner professes
that the citations are not true and wishes to have the matter taken
to court, the department may restore the same, upon prompt issuance
of a complaint or appearance ticket against the owner, followed by
plea of not responsible before a court of competent jurisdiction,
and the payment of a bond equal to the amount of the outstanding citations
and towing and storage charges. If the owner does not redeem the vehicle
as provided herein, the department may offer the vehicle for sale
at a public sale, following notice as provided in MCLA § 257.252d.
If the vehicle is so sold, the money received from the public sale
of the vehicle shall be applied in the following order of priority:
