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.