Section 305. - Authority to impound vehicles.
A. Members of the Police Department are hereby authorized to remove or cause to be removed a vehicle from a street or highway to the nearest garage designated or maintained by the Police Department or otherwise maintained by the City of Tulsa under the circumstances hereinafter enumerated:
1. When a vehicle has been declared a nuisance and ordered impounded by the court under the provisions of Section 505 of this title;
2. When a vehicle is left unattended upon any bridge, viaduct or causeway or in any tube or tunnel where such vehicle constitutes an obstruction to traffic;
3. When a vehicle upon a street or highway is so disabled or defective as to constitute an obstruction or hazard to traffic and/or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal;
4. When a vehicle has been abandoned or is left unattended upon a street by reason of arrest of the driver or otherwise, or is so parked upon a street, highway or other public way as to constitute a definite hazard or obstruction to the normal movement of traffic;
5. When a vehicle is parked or left standing in excess of twenty-four (24) hours in violation of Section 519 of this title;
6. When a vehicle is stopped by a police officer for an alleged violation of a City traffic ordinance or state traffic law or other ordinance or law applicable to the operation of a vehicle on a roadway, or a vehicle has been involved in an accident or collision investigated by a police officer, and the police officer has probable cause that the vehicle is not insured as required by the Compulsory Insurance Law of the State of Oklahoma. If, however, the owner or operator of the vehicle produces what appears to be a valid security verification form and the police officer is unable to confirm compliance through the online verification system or noncompliance by a subsequent investigation, the police officer shall be prohibited from impounding the vehicle and causing such vehicle to be towed and stored;
7. When a vehicle is evidence in a crime or needs to be held for investigative purposes;
8. When a report has been made that such vehicle has been stolen, and the owner cannot be notified or is unable to come to the scene and take possession of the recovered vehicle within a reasonable amount of time;
9. When a vehicle is confiscated pursuant to law, including but not limited to an order or warrant from any court of competent jurisdiction;
10. When the owner or operator specifically requests and/or authorizes the impoundment;
11. When the owner or operator has been involved in an accident or any crime and has been taken into custody or transported for medical purposes and is not physically, mentally or legally capable of giving consent to leave the vehicle;
12. When peace officers at the scene have probable cause that there is evidence of a crime in or on the vehicle, but circumstances at the scene do not reasonably allow the peace officer to conduct a probable cause search safely at the scene;
13. When the vehicle was involved in a collision resulting in a fatality or great bodily injury; or
14. When authorized pursuant to state, federal, municipal or tribal law.
B. If the vehicle impounded pursuant to Subsection A of this Section has not been reclaimed within twenty-four (24) hours of the time of its impoundment, the Police Department of the City of Tulsa shall notify the vehicle's registered owner at the address provided by the State of Oklahoma, of the place of impoundment of the vehicle.
C. Members of the Police Department are hereby authorized to remove or cause to be removed a vehicle from a street or highway to the garage designated or maintained by the Police Department or otherwise maintained by the City of Tulsa, for a mandatory holding period of ten (10) days, when the Driver of the vehicle is cited or arrested for any violation declared a public nuisance in Section 667 of this Title.
1. At the time of impoundment pursuant to this Subsection C, the police officer shall provide the Driver, if present, with written notice of the impoundment, including:
a. The reason for impoundment;
b. The location where the vehicle will be stored; and
c. Instructions for requesting a post-storage hearing.
2. If the Driver is not present, the Police Department shall notify the vehicle's registered owner at the address provided by the State of Oklahoma.
3. The owner or authorized agent may request a post-storage hearing within five (5) business days of receipt of notice.
4. The hearing shall be held before an administrative hearing officer designated by the Mayor within five (5) business days after the request for hearing is received.
5. The administrative hearing officer shall determine:
a. Whether probable cause existed for the citation or arrest; and
b. Whether early release of the vehicle is warranted under Subsection C.7 of this section.
6. If the administrative hearing officer determines the impoundment was not supported by probable cause or was otherwise unlawful, the vehicle shall be released without charge for towing or storage, or, if paid, charges for towing or storage shall be refunded.
7. Notwithstanding a finding of probable cause, the administrative hearing officer shall release the vehicle prior to expiration of the holding period if the hearing officer determines that:
a. The registered owner was not the Driver at the time of the violation and did not knowingly permit the unlawful use;
b. Continued impoundment is not reasonably necessary to abate the nuisance; or
c. Extreme hardship exists and reasonable conditions may be imposed to protect public safety. Reasonable conditions may include, but are not limited to, releasing the vehicle to a licensed driver other than the offending Driver.
(Ord. No. 13992; Ord. No. 22631, § 1, 2-23-2012; Ord. No. 25354, § 1, 7-24-2024; Ord. No. 25425, § 1, 10-16-2024; Ord. No. 25746, § 4, 3-4-2026)
