IMPOUNDMENT OF VEHICLES

Oklahoma City Municipal Code ch. 32, art. II, div. 4

in effect

Oklahoma City Municipal Code § 32-91 Purpose.

§ 32-91. - Purpose. The impoundment of vehicles under authority of the provisions of this chapter, in Article XVIII and in Article VI of Chapter 35 shall be construed 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, protection of the public rights in the use of City streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting recovered stolen vehicles. (Code 1970, § 34-280; Code 1980, § 32-91; Ord. No. 23450, § 3, 9-25-07; Ord. No. 24274, § 1, 5-24-11)

Oklahoma City Municipal Code § 32-92 Authorized generally.

§ 32-92. - Authorized generally. (a) Members of the Police Department are hereby authorized, within the limits set forth in this division, in Division 6 of this article to tow and/or impound motor vehicles under the circumstances hereinafter enumerated. No impoundment shall be valid unless made under order of an authorized police officer. Each authorized impound of a motor vehicle shall impose an administrative fee which shall be paid by the person to whom the vehicle is released or collected upon sale if the vehicle is not claimed. The amount of such fee shall be established in Chapter 60, the General Schedule of Fees. (b) In addition to the members of the Police Department, the Director of the Public Transportation and Parking Department, as defined in section 2-632 of this Code, is hereby authorized to cause any vehicle or other physical obstruction which constitutes a hazard or an obstruction to the normal movement of Streetcar along the City of Oklahoma City Streetcar route to be towed and/or impounded. The Director of the Public Transportation and Parking Department may authorize employees of the Public Transportation and Parking Department to cause any vehicle or other physical obstruction, which constitutes a hazard or an obstruction to the normal movement of Streetcar along the City of Oklahoma City Streetcar route to be towed and/or impounded. (Code 1970, § 34-284; Code 1980, § 32-92; Ord. No. 23450, § 3, 9-25-07; Ord. No. 23904, § 1, 8-4-09; Ord. No. 24274, § 1, 5-24-11; Ord. No. 25709, § 3, 8-29-17; Ord. No. 26946, § 1, 1-4-22)

Oklahoma City Municipal Code § 32-93 Disabled vehicles.

§ 32-93. - Disabled vehicles. A disabled vehicle upon a street or highway may be impounded under the following circumstances: (1) if left unattended and improperly parked on a street or highway; (2) if left unattended longer than 48 hours on the shoulder of any highway; (3) if the person in charge of the vehicle is physically incapacitated to such extent as to be unable to provide for its custody or removal. (4) if left unattended within a bicycle lane for more than two hours. (Code 1970, § 34-286; Code 1980, § 32-93; Ord. No. 26674, § 1, 3-2-21)

Oklahoma City Municipal Code § 32-94 Vehicle on bridge.

§ 32-94. - Vehicle on bridge. An unattended vehicle left upon any bridge, viaduct or causeway or within the structure of a grade separation may be impounded. (Code 1970, § 34-287; Code 1980, § 32-94)

Oklahoma City Municipal Code § 32-95 Arrest and detention of driver.

§ 32-95. - Arrest and detention of driver. Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leaves or will leave a vehicle unattended on any street or highway, or in a parking lot marked "no trespassing" or outside of posted hours of operation, the vehicle may be impounded. (Code 1970, § 34-288; Code 1980, § 32-95; Ord. No. 23678, § 1, 8-26-08)

Oklahoma City Municipal Code § 32-96 Vehicle constituting traffic hazard or obstruction.

§ 32-96. - Vehicle constituting traffic hazard or obstruction. (a) A vehicle left unattended upon any street, sidewalk, alley or thoroughfare, which constitutes a hazard or obstruction to the normal movement of vehicular, public transit, or pedestrian traffic, may be towed and/or impounded. An unattended vehicle shall be deemed to constitute an obstruction if any portion of the vehicle remains in the lane of traffic designated by traffic lane markings or if any portion of the vehicle is outside of the designated parking location and protrudes into the lane of traffic. (b) Along the City of Oklahoma City Streetcar route, an unattended vehicle shall be deemed to constitute an obstruction if any portion of the vehicle remains in the lane of traffic designated by traffic lane markings or if any portion of the vehicle is outside of the designated parking location or protrudes into the lane of traffic utilized for the Oklahoma City Streetcar route. Such vehicle may be towed and/or impounded in accordance with Section 32-92. (Code 1970, § 34-289; Code 1980, § 32-96; Ord. No. 23761, § 1, 12-9-08; Ord. No. 26002, § 1, 9-11-18; Ord. No. 26009, § 3, 9-25-18; Ord. No. 26579, § 1, 10-27-20; Ord. No. 26946, § 1, 1-4-22)

Oklahoma City Municipal Code § 32-97 Derelict vehicles.

§ 32-97. - Derelict vehicles. (a) When any derelict vehicle is discovered by the Police Department to have been parked upon any street in the City for a period of 72 hours, the Police Department is authorized to impound the vehicle, and if the owner of the vehicle may be ascertained by reasonable diligence, the owner shall be notified of the action by the Police Department. (b) When any derelict vehicle is discovered by the Police Department to have been parked upon any airport property belonging to the City for a period of 48 hours, the Police Department is authorized to impound the vehicle, and if the owner of the vehicle may be ascertained by reasonable diligence, the owner shall be notified of the action by the Police Department. (Code 1970, § 34-290; Code 1980, § 32-97)

Oklahoma City Municipal Code § 32-98 Vehicles on private property.

§ 32-98. - Vehicles on private property. (a) An unattended vehicle found to be in violation of Section 32-319 may be impounded when the required complaint has been properly made and filed as provided in this section. (b) If a violation of the provisions of Section 32-319 occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner's or legal occupant's property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing. (c) Upon filing of the complaint by the property owner or legal occupant, or if there is cause to believe that the provisions of Section 32-95 have been complied with or the provisions of Section 32-319 have been violated, the Police Department may cause the vehicle to be impounded, in compliance within the provisions set forth in this division, in Division 6 of this article, or in Article VI, Division 4 of Chapter 35, from the property and placed in storage. (Code 1970, § 34-291; Code 1980, § 32-98; Ord. No. 23678, § 1, 8-26-08; Ord. No. 25709, § 3, 8-29-17)

Oklahoma City Municipal Code § 32-99 Vehicles parked in prohibited zone.

§ 32-99. - Vehicles parked in prohibited zone. (a) Any unattended vehicle parked at the street curbing of any zone where parking is prohibited and where official signs are in place giving notice thereof in violation of the prohibition may be impounded. (b) Any unattended vehicle parked in violation of official posted signage in any designated loading zone, including but not limited to any passenger loading zone, commercial loading zone, valet loading zone, bus stop, streetcar stop, taxicab stand, or carriage stand, may be impounded. (Code 1970, § 34-292; Code 1980, § 32-99; Ord. No. 24417, § 1, 2-21-12; Ord. No. 26009, § 3, 9-25-18)

Oklahoma City Municipal Code § 32-100 Vehicles parked over water meters.

§ 32-100. - Vehicles parked over water meters. (a) Any vehicle illegally parked in such a way as to obstruct ready access to a City water meter shall be impounded after notice has been given. (b) Notice shall be given as follows: (1) notice of the offense and one hour advance notice of impoundment and an opportunity to move the vehicle shall be given to the owner or person in charge of the illegally parked vehicle if such person is present. (2) if the vehicle owner or person in charge of the vehicle is not present, notice of the offense and impoundment shall be left on the vehicle at least 12 hours in advance of impoundment. (Ord. No. 16104, § 1(34-292.1), 2-3-81; Code 1980, § 32-100)

Oklahoma City Municipal Code § 32-101 Vehicles blocking fire exits or hydrants.

§ 32-101. - Vehicles blocking fire exits or hydrants. Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or exit or blocks ready access to a fire hydrant shall be impounded. (Code 1970, § 34-293; Code 1980, § 32-101)

Oklahoma City Municipal Code § 32-102 Vehicles parked in intersection.

§ 32-102. - Vehicles parked in intersection. Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled vehicle in an intersection, with the person in charge of the vehicle being present, shall be moved out of the intersection and to the nearest available legal parking space at the street curbing. (Code 1970, § 34-294; Code 1980, § 32-102)

Oklahoma City Municipal Code § 32-103 Recovered stolen vehicles.

§ 32-103. - Recovered stolen vehicles. (a) Whenever a stolen vehicle is located by police and the registered owner cannot be found within a reasonable time not exceeding one hour, or cannot be determined from the registration papers or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle may be removed to the nearest authorized place for holding impounded vehicles and the registered owner of the vehicle shall be notified of the location of the place for holding impounded vehicles as soon as possible by the Police Department. (b) If the registered owner is identified, located and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his own arrangement for the removal of the vehicle within the period of one hour from the time he is actually notified of its recovery, and if the owner is unable or unwilling to effect the removal within the time specified the vehicle may be impounded. (Code 1970, § 34-295; Ord. No. 16155, § 1, 4-14-81; Code 1980, § 32-103)

Oklahoma City Municipal Code § 32-104 Vehicles whose owner is unascertainable.

§ 32-104. - Vehicles whose owner is unascertainable. Any vehicle may be impounded by the police if the owner is unascertainable at the time and pursuant to other procedures set forth in this division. (Ord. No. 16155, § 1(34-295.1), 4-14-81; Code 1980, § 32-104)

Oklahoma City Municipal Code § 32-104.1 Vehicle violating compulsory liability insurance.

§ 32-104.1 - Vehicle violating compulsory liability insurance. Any vehicle may be impounded by the police if an officer has probable cause to believe the owner or operator of a vehicle has failed to comply with the Compulsory Insurance Law of Oklahoma by not maintaining liability insurance or security as required by the compulsory insurance law of this State. (Ord. No. 24274, § 2, 5-24-11)

Oklahoma City Municipal Code § 32-104.2 Impoundment of food sales vehicle.

§ 32-104.2. - Impoundment of food sales vehicle. (1) In accordance with Chapter 21, Section 21-395(f), any food sales vehicle temporarily stopped to sell or distribute food or beverages in the public right-of-way in the defined restricted area set forth in Subsection 21-395(f)(1) between the hours of 11:00 p.m. and 5:00 a.m. may be impounded. (2) Any food sales vehicle may be impounded if otherwise in violation of any section of this Division. (Ord. No. 27833, § 2, 4-22-25)

Oklahoma City Municipal Code § 32-105 Place of impoundment.

§ 32-105. - Place of impoundment. Every vehicle that is impounded under the provisions of this division, in Article XVIII of this chapter, and in Article VI of Chapter 35 of this Code shall be removed to a garage or place of safekeeping designated by the City for such purpose, and to no other place. (Code 1970, § 34-281; Code 1980, § 32-105; Ord. No. 23450, § 3, 9-25-07; Ord. No. 24274, § 3, 5-24-11; Ord. No. 25709, § 3, 8-29-17)

Oklahoma City Municipal Code § 32-106 Duration of impoundment.

§ 32-106. - Duration of impoundment. (a) Except as otherwise provided, any vehicle impounded under the authority of this division, or in Article XVIII of this chapter or Division 6 of this article shall be stored and held safely at the place of safekeeping designated by the City until duly notified that the impounded motor vehicle is no longer needed for investigation by the Police Department and/or may be released pursuant to the provisions of Division 6 of this article or Article VI of Chapter 35. (b) The release shall be conditioned upon presentation of sufficient proof of ownership and/or interest in the impounded motor vehicle, proof of compliance with the compulsory insurance law unless the vehicle is lawfully towed from impound, and the payment of all impoundment costs and accrued storage charges assessed against the vehicle. (Code 1970, § 34-282; Code 1980, § 32-106; Ord. No. 23234, § 1, 12-12-06; Ord. No. 23450, § 3, 9-25-07; Ord. No. 23904, § 1, 8-4-09; Ord. No. 24274, § 3, 5-24-11)

Oklahoma City Municipal Code § 32-107 Notification of owner.

§ 32-107. - Notification of owner. The manager or authorized agent of the place holding impounded vehicles where a vehicle has been rightfully impounded shall promptly ascertain the name and address of the owner of the vehicle and, if reasonably possible, notify him of the vehicle location. (Ord. No. 16155, § 1(34-295.2), 4-14-81; Code 1980, § 32-107)

Oklahoma City Municipal Code § 32-108 Payment of removal and storage costs.

§ 32-108. - Payment of removal and storage costs. The owner or other person lawfully entitled to possession of a motor vehicle which is in violation of this division or the owner of any vehicle which shall have been lawfully removed from any highway or other public property or in accordance with Division 6 of this article, or in Article XVIII of this chapter or Article VI of Chapter 35 may regain possession of the motor vehicle upon payment of the reasonable cost of removal and storage of such vehicle as allowed by this division and/or Article VI of Chapter 35 and, with regard to a vehicle impounded in accordance with Division 6 of this article, upon proof of payment in full of delinquent parking fines, fees and costs, or proof of posting a bond in connection with the delinquent citations, or by order of an authorized official of the Police Department in accordance with the procedures of Division 6 of this article. (Ord. No. 16155, § 1(34-295.3), 4-14-81; Code 1980, § 32-108; Ord. No. 23450, § 3, 9-25-07; Ord. No. 23904, § 1, 8-4-09; Ord. No. 24274, § 3, 5-24-11)

Oklahoma City Municipal Code § 32-109 Right of redemption of vehicle.

§ 32-109. - Right of redemption of vehicle. Presentation of the order of release at the place of impoundment, together with payment or tender of payment of all impoundment costs and accrued storage charges due, shall entitle the person presenting the release to obtain possession of the impounded vehicle as allowed by this division, Division 6 of this article, or in Article XVIII of this chapter and/or Article VI of Chapter 35. (Code 1970, § 34-283; Code 1980, § 32-109; Ord. No. 23450, § 3, 9-25-07; Ord. No. 23904, § 1, 8-4-09; Ord. No. 24274, § 3, 5-24-11)

Oklahoma City Municipal Code § 32-110 Release of impounded vehicles.

§ 32-110. - Release of impounded vehicles. (a) Wrecker services authorized to release vehicles. Duly authorized wrecker services contracting with the City to remove and store vehicles lawfully impounded by the City are hereby authorized to release, upon satisfactory proof of interest, a vehicle impounded under this chapter to such person presenting such proof of interest and proof of compliance with the compulsory insurance law unless the vehicle is lawfully towed from impound, upon the following conditions when no longer needed for investigation by the Police Department and pursuant to the provisions of Article XVIII of this chapter or Article VI of Chapter 35, if applicable, subject to the following: (1) if the person seeking the release has a valid title or the vehicle is registered, which registration can be verified by the Oklahoma Tax Commission or any similar governmental entity that records and verifies the ownership of vehicles for any other state, and that the person has a valid driver's license or a temporary one issued when that person surrenders his license or other proper identification. (2) if the person has a bill of sale from a local automobile dealer and the person has a valid driver's license or other proper identification. (3) if the person has an insurance verification form and the vehicle identification number is on this card, and on the day of the attempted release the Oklahoma Tax Commission verifies that the registered owner is the person seeking release of the vehicle, and the person has a valid driver's license or other proper identification. (4) if the registered owner is unable to be present, but sends the title or registration and a notarized statement describing the vehicle and giving the wrecker service the owner's permission to release the vehicle to the person presenting the title or registration and letter and that person has proper identification. The wrecker service shall keep on file the original letter. (5) the person attempting to obtain the release must pay the City's impound administrative fee and sign a hold harmless agreement releasing the City and wrecker service from any and all liability in releasing the vehicle. The Police Department shall provide the forms. (6) the party claiming an interest in an impounded vehicle that is directed to the City-contracted wrecker service shall submit to the wrecker service proof of compliance with the following requirements by written instruments or other suitable documents: (A) proof of interest; and (B) agreement to save and hold harmless the City and all of its employees; and (C) compulsory insurance law unless the vehicle is lawfully towed from impound. (7) the forms used by the wrecker service shall be approved as to form and legality by the Municipal Counselor or designee and retained by the wrecker service and kept available for review, together with a copy of the release order for five years. (b) Police Department and Municipal Counselor to review under certain circumstances. If the person is unable to present satisfactory proof of interest in the impounded vehicle and proof of compliance with the compulsory insurance law to the City-contracted wrecker service as enumerated in Subsection (a), then that person shall be directed to the Police Department and the Chief of Police or designee who shall evaluate the person's claim of interest and/or ownership and, if satisfied that the person has a valid claim, then the Police Department shall authorize the wrecker service to release of the vehicle to the person. The Police Department and the Chief of Police or designee may also refer a person's claim of interest and/or ownership to the Office of the Municipal Counselor for evaluation and release. The provisions of this subsection do not apply to vehicles impounded pursuant to Article VI of Chapter 35. (c) Contesting removal or storage; hearing by Municipal Counselor's office. Whenever any vehicle has been impounded in the manner provided for by this division, the registered or legal owner of the vehicle may contest the validity of the removal or storage by filing a written request for a hearing. The indication in the appropriate box on the form provided by the Police Department shall satisfy the written request requirement of this section. Such written request must be filed before the vehicle is retrieved from storage. Provided, however, the City shall not be required to provide a hearing if the request is received more than ten days following actual or constructive notice to the owner or driver of the vehicle that the vehicle has been so removed or stored. Failure of either the registered or legal owner to timely request or to timely appear upon a scheduled hearing shall satisfy the hearing requirement of this section. (d) Release of vehicles impounded pursuant to Article VI of Chapter 35 shall be controlled by the provisions of Chapter 35. (e) Any and all procedures relating to any vehicle impounded as a "public nuisance per se" under Article VI of Chapter 35 shall be controlling, except to the extent that once a mandatory holding period expires Subsection (a) of this section may be utilized to facilitate a release. (f) The hearing provided for by this subsection shall be scheduled within 72 hours of the request, excluding weekends and holidays. The Municipal Counselor or designee shall be the hearing officer and shall apply the law to the evidence to determine whether the vehicle removal and storage were justified. If the removal and storage are deemed justified, the vehicle owner shall bear the cost of reasonable removal and storage. If deemed unjustified, the owner shall not be charged any fees or costs relating to the impoundment or storage of the vehicle. The Municipal Counselor or his/her Designee conducting any such hearing shall also be authorized to reduce the accrued fees and costs as determined appropriate based upon the facts. (g) The provisions of this section do not apply to motor vehicles impounded pursuant to Division 6 of this article or pursuant to Article VI of Chapter 35 unless expressly provided therein. (Ord. No. 17677, § 1, 5-28-84; Code 1980, § 32-110; Ord. No. 18334, § 1, 11-26-85; Ord. No. 20396, § 1, 8-15-95; Ord. No. 23234, § 1, 12-12-06; Ord. No. 23450, § 3, 9-25-07; Ord. No. 23904, § 1, 8-4-09; Ord. No. 24274, § 3, 5-24-11; Ord. No. 25709, § 3, 8-29-17)

Oklahoma City Municipal Code § 32-111 Special liens.

§ 32-111. - Special liens. (a) Every person lawfully in possession of a vehicle impounded under the authority of this division, Division 6 of this article, or Article XVIII of this chapter and/or pursuant to Article VI of Chapter 35 shall have a special lien thereon for the compensation due him from the owner of such impounded vehicle for all expenses incurred. (b) Said lien may be foreclosed by a sale of such abandoned vehicle upon giving notice and in the manner required by state law. (c) Proceedings for such sale shall not be commenced until ten days after the lien has accrued. After this ten-day period, but before sale, the registered owner of the vehicle shall have a right to contest the impoundment pursuant to Section 32-110. (d) A return of such sale shall be made at the time of sale and shall contain a statement as to proof of posting and mailing of the notice of sale of abandoned vehicle. (e) The City shall have a lien upon the proceeds of sale to pay its administrative impound fee. Any funds remaining after the payment of all perfected liens and costs incurred therein shall be remitted to the owner, if such owner is known, and if such owner or the address of such owner is not known, to the City Treasurer to be deposited in the general fund of the City. (Ord. No. 16155, § 1(34-295.4—34-295.8), 4-14-81; Code 1980, § 32-111; Ord. No. 23234, § 1, 12-12-06; Ord. No. 23450, § 3, 9-25-07; Ord. No. 23904, § 1, 8-4-09; Ord. No. 24274, § 3, 5-24-11; Ord. No. 25709, § 3, 8-29-17)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH32MOVETR_ARTIIADEN_DIV4IMVEFetched: 10/28/2026