VEHICLE IMMOBILIZATION

Gulfport Code of Ordinances ch. 6, art. XXII

in effect

Gulfport Code of Ordinances § 6-550 Definitions.

Sec. 6-550. - Definitions. The following words and phrases, whenever used in this article, shall, for the purposes of this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Whenever any words and phrases used in this article are not defined in this section, but are defined in the state laws regulating vehicle immobilization devices, any such definition in the state law shall be deemed to apply to such words and phrases used in this article, except when the context otherwise requires. Boot means any lockable wheel clamp or any other similar device designed to be placed on a parked vehicle to prevent the operation of or to immobilize the vehicle until the device is unlocked and removed. Immobilize means to impede or prevent movement of a parked vehicle by the use of a boot or other immobilization device. Impoundment means the removal of a booted or immobilized vehicle to an impound lot by a city-approved towing company. Owner means the person registered with the state as the owner of a vehicle in the most current registration records available to the city, or any transferee not designated in such records, provided that the parking official has received actual notice of the transfer. Person means any natural person, partnership, corporation, association, organization, trust or other entity. Private property means all property privately owned regardless of whether the property is open to public access. Tow means to haul, carry, pull along, or otherwise transport or remove a motor vehicle by means of another vehicle. Towing service means any person or entity, whether licensed or not, that engages in or who owns or operates a business which engages, in whole or in part, in the towing or removal of motor vehicles for compensation. Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. (Ord. No. 2677, § 1, 5-18-10)

Gulfport Code of Ordinances § 6-551 Authority to immobilize.

Sec. 6-551. - Authority to immobilize. The chief of police, or authorized officers or personnel of the Gulfport Police Department, shall have the authority to immobilize any vehicle found parked upon any street or in any off street parking in the city when the record title owner of the vehicle has accrued unpaid parking or traffic penalties and fines in excess of five hundred dollars ($500.00) This authority shall also extend to any vehicle stopped by any officer of the Gulfport Police Department on or along any public street. (Ord. No. 2677, § 2, 5-18-10)

Gulfport Code of Ordinances § 6-552 Procedure.

Sec. 6-552. - Procedure. (a) The chief of police, or authorized designee, having immobilized a vehicle under this section, shall conspicuously affix a notice to such vehicle for the owner to pay the fines or penalties specified. Such notice shall also inform the owner of the vehicle that: (1) Such vehicle has been immobilized pursuant to and by the authority of this section; and (2) The owner of such immobilized vehicle or otherwise duly authorized person shall be permitted to repossess or secure the release of the vehicle upon payment to the city of the total amount owed, including delinquent fines, for each violation, immobilization service charge of seventy-five dollars ($75.00), and wrecker and storage fees, if the vehicle is towed and stored in accordance with chapter 6, article XIX, of the City of Gulfport's Code of Ordinances, also known as or referred to as the "Gulfport Police Department Towing Permit Ordinance." (b) If the owner of such vehicle immobilized under the provisions of this article, or other duly authorized person does not make arrangements for the removal of the immobilization device within twenty-four (24) hours of the time such motor vehicle was immobilized, the police department may remove such vehicle by having the vehicle towed by a preapproved towing service. Any towing service charges incurred pursuant to this section shall be additional costs to be assessed to the registered owner of such motor vehicle. (Ord. No. 2677, § 3, 5-18-10)

Gulfport Code of Ordinances § 6-553 Liability of the city.

Sec. 6-553. - Liability of the city. Neither the city nor any officer or employee thereof shall be held responsible for any damages caused by the lawful immobilization of any vehicle. (Ord. No. 2677, § 4, 5-18-10)

Gulfport Code of Ordinances § 6-554 Damaging or removing immobilization device.

Sec. 6-554. - Damaging or removing immobilization device. It shall be unlawful and an offense for any person to release, deface, injure, tamper with, break, destroy, remove, impair the usefulness of, or cause any person to release, deface, injure, tamper with, break, destroy, remove or impair the usefulness of any immobilization device which has been attached to a vehicle in accordance with the provisions of this article. No person, except as may be authorized by the chief of police, or his designee, shall revoke or attempt to remove, tamper with or in any way damage or alter an immobilization device. No person shall tow or move an immobilized vehicle from the location at which the vehicle was immobilized, unless authorized by the chief of police, or his designee. (Ord. No. 2677, § 5, 5-18-10)

Gulfport Code of Ordinances § 6-555 Impoundment of immobilized vehicles.

Sec. 6-555. - Impoundment of immobilized vehicles. Any vehicle immobilized pursuant to this article shall be subject to impoundment until lawfully claimed or disposed of in accordance with state law. An impounded vehicle shall be held at a city impound lot or stored by an approved towing company in accordance with chapter 6, article XIX of the City of Gulfport Code of Ordinances, also known as or referred to as the "Gulfport Police Department Towing Permit Ordinance." (Ord. No. 2677, § 6, 5-18-10)

Gulfport Code of Ordinances § 6-556 Notice to owner.

Sec. 6-556. - Notice to owner. (a) Vehicle immobilization notice. The following notice, printed on highly visible paper or other material, shall be attached to the vehicle in a conspicuous place, outside of the driver's line of sight, and shall read substantially as follows: WARNING: DO NOT MOVE THIS VEHICLE ATTEMPTS TO OPERATE THIS VEHICLE WHILE THE IMMOBILIZATION DEVICE IS ATTACHED MAY RESULT IN SERIOUS DAMAGE TO THE VEHICLE OR SERIOUS BODILY INJURY TO THE PERSON ATTEMPTING TO OPERATE THE VEHICLE This vehicle has been immobilized by the City of Gulfport for violations of the Municipal Code and/or State Law for failure to pay traffic and/or parking fines totaling over Five Hundred Dollars ($500.00). To secure the release of this vehicle, payment shall be made in full for all outstanding parking and traffic fines. You may also be subject to impoundment or immobilization fees. Arrangements for the release of this vehicle may be made by calling the: Parking Enforcement Section at (228) 868-5959 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday; or The Gulfport Police Department Desk Sergeant at (228) 868-5985 at all other hours, Including Saturdays, Sundays and Holidays. ATTENTION VEHICLE OWNER: You are hereby advised of your rights to request a prompt hearing to determine the validity of the immobilization and any related fees. You may obtain details on such a hearing by contacting the Gulfport Municipal Court at (228) 868-5855. Failure to respond to this Notice within twenty-four hours shall result in your vehicle being towed. CITY OF GULFPORT MUNICIPAL COURT (228) 868-5855 (b) Impound notice. The police department, having impounded a vehicle under this article, shall cause to be posted, in three (3) public places in the city, notice that said vehicle has been recovered. Such notice shall contain an accurate and detailed description of said vehicle, and a copy of such notice shall be mailed to the record title owner of the vehicle in addition to being posted as herein required. The record title owner of the impounded vehicle or otherwise duly authorized person shall be permitted to repossess or secure the release of the impounded vehicle upon payment to the city of the total amount owed, including delinquent fines, for each violation, immobilization service charge of seventy-five dollars ($75.00), and wrecker and storage fees, if the vehicle is towed and stored in accordance with chapter 6, article XIX, of the City of Gulfport's Code of Ordinances, also known as or referred to as the "Gulfport Police Department Towing Permit Ordinance." (c) Removal of notice. It shall be unlawful to remove or relocate any notice placed on an immobilized vehicle, unless the person is a police officer or authorized representative, the owner of the vehicle, or an individual authorized by the owner of the vehicle. (Ord. No. 2677, § 7, 5-18-10)

Gulfport Code of Ordinances § 6-557 Disposition of unclaimed vehicles.

Sec. 6-557. - Disposition of unclaimed vehicles. All unclaimed vehicles in the possession and custody of the Gulfport Police Department shall be subject to a storage charge of not more than twenty dollars ($20.00) per day for uncovered storage or twenty-five dollars ($25.00) per day for covered storage (only if necessary), which shall be on a twenty-four-hour day and shall begin to accumulate when the vehicle is unhooked from the tow truck in the proper storage yard. For purpose of this section a day is considered to be a twenty-four-hour period. Charges shall continue to accrue as long as the vehicle is in the possession or custody of the Gulfport Police Department. Storage fees shall not exceed five hundred dollars ($500.00), or the statutorily authorized maximum charge. (a) Notice of sale and/or disposal of impounded vehicles. Prior to the sale and/or disposal of an impounded vehicle, notice of such sale must be posted in three (3) public places in the city at least ten (10) days preceding the date of such sale. The notice shall contain a detailed and accurate description of the property to be sold and shall be addressed to the record title owner of the impounded vehicle or otherwise duly authorized person. The notice shall also set forth the date, time and place such sale is to be conducted and shall designate the person who is to make the sale, which person shall be officially designated by the governing authorities of the city. (b) Sale and/or disposal of impounded vehicles. 1. If the record title owner of an impounded vehicle or otherwise duly authorized person does not retrieve the impounded vehicle within ninety (90) days from the vehicle's recovery by the city or its police chief or his or her designee, the governing authorities of the city shall cause the same to be sold as authorized by and provided for in accordance with state law. 2. The person or officer designated and making the sale of such property shall promptly upon completion of the sale deliver to the city clerk a copy of the notice authorizing the sale, a list of the property sold, the amount paid for each item sold, the person to whom each item was sold, and all monies received from such sale, whereupon, the city clerk shall deposit the monies in the general fund of the municipality and shall record the information regarding the sale in the official minutes of the city. (Ord. No. 2677, § 8, 5-18-10)

Gulfport Code of Ordinances § 6-558 Penalties.

Sec. 6-558. - Penalties. Any violation of this article shall be a considered a misdemeanor and a violator may be fined up to the sum of five hundred dollars ($500.00) or sentenced to serve thirty (30) days in jail, or both. (Ord. No. 2677, § 9, 5-18-10)

Gulfport Code of Ordinances § 6-559 Enforcement.

Sec. 6-559. - Enforcement. This article shall be enforced by the chief of police or authorized designee. (Ord. No. 2677, § 10, 5-18-10)

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH6MOVETR_ARTXXIIVEIMFetched: 11/1/2026