§ 11-40-27 — Impoundment and/or immobilization of vehicles with outstanding traffic ticket violations

Sec. 11-40-27. - Impoundment and/or immobilization of vehicles with outstanding traffic ticket violations.

A. Any unattended motor vehicle found parked at any time upon any public thoroughfare, street, alleyway or other public property of the city against which there is either a traffic citation or traffic summons that has not been paid 60 days after final adjudication may, by or under the direction of an officer or a member of the police division, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the director of police. In lieu of towing and impoundment, such vehicle may be immobilized in such manner as to prevent its operation, except that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism that will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. The city shall not be liable for any damage to such vehicle while such vehicle is immobilized by boot, towed or impounded. B. The owner of a vehicle which has been immobilized by the installation of a boot or other similar device shall be required to pay a fee of seventy-five dollars ($75.00) in addition to any forfeiture amount or bond. If a vehicle which has been immobilized by a booting device is later impounded by tow-in, the owner of the vehicle shall be required to pay towing and storage fees, in addition to any forfeiture amount or bond, but shall not be required to pay the booting fee. C. It shall be the duty of the officer or a member of the police division removing or immobilizing such motor vehicle, or under whose direction such vehicle is removed or immobilized, to inform in writing, as soon as practicable, the owner of an impounded or immobilized vehicle of the nature and circumstances of the prior unsettled traffic citation(s), traffic summons(es), or warrant(s), for which, or on account of which, such vehicle was impounded or immobilized. The notice shall also inform the owner that if he or she feels that the vehicle was towed, impounded or immobilized in error, he or she may arrange for a prompt hearing before the city claim agent, or his or her designee, by contacting him or her during normal business hours. The notice shall also state that the owner has a right to present evidence in his or her own behalf, to have a representative, and to have a decision that states its basis in writing. The city claim agent, or his or her designee, shall hold a hearing within 24 hours after request and shall have the authority to immediately grant a free release or refund towing, booting and/or storage fees in those cases when a motor vehicle has been towed, impounded or immobilized in error. Any decision of the city claim agent, or his or her designee, concerning these matters may be appealed within ten days to the city attorney, or his or her designee. In any case involving immobilization of a vehicle pursuant to this section, such member or officer shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle. D. Unless released pursuant to subsection C of this section, if a warrant has not been issued, the owner of such impounded or immobilized motor vehicle, or other duly authorized person, shall be permitted to repossess or secure the release of the vehicle upon the depositing of the forfeiture amount prescribed by ordinance for each violation for which there is a traffic citation or traffic summons outstanding, according to the standards set forth in subsection A of this section, and payment of towing, booting and/or storage fees incurred by the immobilization or impounding. If a warrant has been issued, then posting of the bond required by the court clerk and payment of any towing, booting and/or storage fees due shall be sufficient to obtain the release of the vehicle. Deposits and payments of boot fees are to be made at the office of the city court clerk, or at other sites as determined by the clerk. Payments of towing and/or storage fees shall be made at the place where the vehicle was impounded.

(Code 1967, § 23-241; Code 1985, § 21-159; Ord. No. 2433, § 1, 6-1-1976; Ord. No. 2482, § 1, 8-10-1976; Ord. No. 2858, § 1, 5-8-1979; Ord. No. 2920, §§ 1, 2, 9-25-1979; Ord. No. 3201, § 1(3), 5-18-1982; Ord. No. 5428, § 1, 12-6-2011)