This article is enacted as an enforcement procedure for protection of the public peace, safety and welfare and the safeguarding of property and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic law violations and for the protection of the public rights in the use of City streets and thoroughfares.
A. 
Removal and impoundment. Any vehicle having against it one or more unpaid summonses or other process, charging that such vehicle was parked, stopped or standing in violation of any law, ordinance or local authority of the City of Papillion shall be deemed a public nuisance, and the Department of Police and any other agent of the City assigned to traffic duty are hereby authorized to remove, or cause to be removed, at the sole cost and expense of the vehicle owner. Such police authority shall have the power and is hereby authorized to remove the vehicle by either private or governmental equipment to the City pound or pounds, or elsewhere, as it may deem advisable.
B. 
Notice to owner. Whenever the Department of Police has impounded a vehicle described above, a notice of such removal and the storage place of such vehicle shall be mailed to the last registered owner of such vehicle, by regular United States Mail if the name and address of such owner can be ascertained with reasonable diligence. Such notice shall state that if the owner fails to reclaim such vehicle within 60 days from the date of the mailing, title to such vehicle will vest in the City of Papillion and such vehicle will be sold at public auction to be held not sooner than 30 days after the expiration of the sixty-day period contained in the notice.
C. 
Owner responsibility. The registered owner of a vehicle having against it one or more outstanding summonses shall be presumed to be the owner at the time the summonses were in fact issued and shall be severally responsible for the offenses and the impoundment, except where the use of the vehicle was secured by the operator without the owner's consent.
D. 
Records. It shall be the duty of the Department of Police to safely keep any impounded vehicle until such vehicle shall have been repossessed by the owner or person legally entitled to possession thereof or otherwise disposed of as provided in this article. The Department of Police shall cause to be kept an accurate record of the description of such vehicle, including the name of the officer from whom such a vehicle was received, the officer employed to tow or have delivered the same to said pound or authorized garage, the date and time when received, the place where found, seized or taken possession of, the make and color of car, style or body, kind of power, motor number, serial number, number of cylinders, year built, state license number, if any, equipment and general description of condition, the name and address of the person redeeming said vehicle, the date of redemption and the manner and date of disposal of said vehicle in case the same shall not be redeemed, together with cost of outstanding summonses and the towing and storage charges.
E. 
Release of vehicle. Vehicles impounded pursuant to this chapter will be released to their lawful owner (or person entitled to possession) upon showing adequate evidence of a right to its possession and paying the payment of all accrued fines and costs for each outstanding unpaid summons, or depositing of the collateral required for his appearance in the County Court or District Court of Sarpy County, Nebraska; to answer for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant and, in addition thereto, the charges for towing and storage. The release should be signed by an authorized officer.
F. 
Sale of vehicle. Whenever any vehicle so impounded shall remain unclaimed by the owner or other person legally entitled to possession thereof for a period of 60 days from the day of notice to the owner was mailed, it shall be the duty of the Department of Police to sell such vehicle at public auction to the highest bidder for cash, the time and place of such sale to be published at least once in a newspaper of general circulation not less than 10 nor more than 15 days from expiration of said 60 days. Said notice shall contain a full description of the vehicle to be sold and at the time and place of sale; provided that any such vehicle not sold at the first sale may be offered for sale and sold at any subsequent sale without further notice or publication. The proceeds of such sale after paying all liens and deducting all reasonable charges and expenses incurred by such officer charged with the keeping of said pound, including the fees and charges herein specified, in receiving, towing, keeping, preparing and giving notices, advertising for sale or selling or otherwise disposing of such vehicle shall be paid to the City Treasurer.
G. 
Whenever any such vehicle shall remain unsold for a period of 180 days from and including the day when the same shall have been delivered to any vehicle pound as in this article provided, any such vehicle may be given to the use of any department of the City or other governmental agency desiring the same, or may be removed for dismantling.
H. 
No member of the Department of Police, nor any other employee of the City, directly or indirectly, shall purchase or participate in the bidding for, or purchase of, any vehicle offered for sale as aforesaid.
I. 
If the vehicle shall be deemed by the Chief of Police of no value or of insufficient value to warrant storage and sale, and if no owner shall appear to redeem such valueless vehicle within 60 days after the mailing of notice of its removal, which notice shall contain a statement that the vehicle is deemed to be of no value or of insufficient value to warrant storage and sale, and that it is the intention to dispose or destroy such vehicle, to any owner whose name and address can be ascertained with reasonable diligence, or by publishing such notice in the official newspaper once, at least five days before its destruction or other disposition, then such vehicle as above provided shall be conclusively deemed of no value and to be abandoned property, and there shall be no claim against the City, the Chief of Police, nor any of their agents or employees by reason of any such destruction or disposition.
J. 
Rules and regulations. The City Council is hereby authorized to adopt by resolution such rules and regulations as are necessary to carry out the provisions of this chapter.
[Amended 5-15-2007 by Ord. No. 1511]
The Mayor or Director of Public Works may declare a snow emergency. Such declaration will include public notification with an effective and termination date and time, and the termination date and time may be extended by the declaration authority.
A. 
Upon declaration of a snow emergency, all motor vehicles, trailers or other obstructions to the free passage of snow-clearing equipment shall be removed or caused to be removed from the City streets by their owners or their proprietors.
B. 
If necessary, the declaration authority may direct the Chief of Police or his/her designate to initiate enforcement and removal operations. Citations and/or notice to remove for obstruction of traffic may be issued by the Police Department, and if said motor vehicles, trailers or other obstructions are not removed within six hours from the issuance of a notice to remove, the declaration authority may order the same to be removed and impounded. The owner of such motor vehicles, trailer or obstruction may obtain release from impoundment upon payment of tow, storage and administrative fees. All City streets shall remain clear of motor vehicles, trailers or obstructions until streets have been cleared or the termination date and time of the snow emergency. The declaration authority shall have the authority to extend the time limit for removal due to other types of inclement weather such as ice storms or flooding.