It shall be unlawful to permit any motor vehicle
which is duly registered but has become inoperative to remain parked
on a City street, parking lot or other public property for more than
72 hours after such vehicle has become inoperative.
A.
A registered motor vehicle shall be deemed inoperative
if mechanical or other motor vehicle parts necessary for the operation
of the motor vehicle on a highway, City street or other public place
are not properly installed in or on the motor vehicle. A registered
motor vehicle that has been deemed inoperative is authorized to be
towed by the City if the deemed-inoperative motor vehicle owner has
been given six hours’ notification by the Police Department
or a Code Enforcement Officer to move the motor vehicle, and the registered
owner does not or refuses to move the motor vehicle.
B.
A registered motor vehicle shall be presumed inoperative
if the registered owner has not moved the motor vehicle from its same
position on a City street, parking lot or other public property for
more than 72 hours, and the City reasonably suspects the motor vehicle
to be inoperative or determines said motor vehicle should be moved
in the interest of public safety and welfare. A motor vehicle presumed
inoperative is authorized to be towed by the City, if the presumed
inoperative motor vehicle owner has been given 24 hours’ notification
by the Police Department or a Code Enforcement Officer to move the
motor vehicle and the registered owner does not move the motor vehicle
or refuses to move the motor vehicle.
When a vehicle is removed from a public street,
parking lot or other public property under the provisions of this
article, the owner of the vehicle will be responsible for all towing
costs, and such cost will be a lien upon the vehicle.
When a motor vehicle or other vehicle is authorized
to be towed away, the Police Department or Code Enforcement Officer
shall keep and maintain a record of the vehicle towed, listing the
color, year of manufacture, manufacturer’s trade name, manufacturer’s
series name, body style, vehicle identification number and license
plate year and number displayed on the vehicle. The record shall also
include the date and hour of tow, location towed from, location towed
to, reason for towing and the name of the officer authorizing the
tow.
A.
When the municipal Police Department does not the
identity of the registered owner or other legally entitled person,
it will cause the motor vehicle registration records to be searched
for the purpose of obtaining the required ownership information.
B.
The Police Department will cause the stolen motor
vehicles files of the State Police to be searched by a directed communication
to the State Police for stolen or wanted information on the vehicle.
When the State Police files are searched with negative results, the
Police Department will cause the information contained in the National
Crime Information Center (NCIC) files to be searched by the State
Police. The information determined from these record searches will
be used by the Police Department in sending a notification by certified
mail or personal delivery to the owner or legally entitled person
advising where the vehicle is held, requesting a disposition be made
and setting forth public sale information.
C.
When the registered owner or other person legally
entitled to the possession of a motor vehicle or other vehicle cannot
be identified from the registration file of the state or from the
registration files of a foreign state, if applicable, the Police Department
shall notify the State Police for the purpose of identifying the vehicle’s
owner or other person legally entitled to the possession of the vehicle.
The information obtained by the State Police will be immediately forwarded
to the law enforcement agency having custody of the vehicle for notification
by the owner.
Any time before a motor vehicle or other vehicle
is sold at public sale or disposed of as provided herein, the owner
or other person legally entitled to its possession may reclaim the
vehicle by presenting to the Police Department proof of ownership
or proof of the right to possession of the vehicle. No vehicle shall
be released to the owner or other person under this section until
all towing and storage charges have been paid.
A.
Whenever an abandoned, lost, stolen or unclaimed motor
vehicle or other vehicle (of seven years of age or newer and exceeding
$750 in value) remains unclaimed by the registered owner or other
person legally entitled to its possession for a period of 3O days
after notice has been given as provided herein, the Police Department
having possession of the vehicle shall cause it to be sold at public
sale to the highest bidder. Notice of the time and place of the sale
shall be posted in a conspicuous place for at least 10 days prior
to the sale on the premises where the vehicle has been impounded.
At least 10 days prior to the sale, the Police Department shall cause
a notice of the time and place of the sale to be sent by certified
mail to the registered owner or other person known by the Police Department
or towing service to be legally entitled to the possession of the
vehicle. Such notice shall contain a complete description of the vehicle
to be sold and what steps must be taken by any legally entitled person
to reclaim the vehicle.
B.
In those instances where the certified notification
specified herein has been returned by the postal authorities to the
Police Department due to the addressee having moved or being unknown
at the address obtained from the registration records of this state,
the sending of a second certified notice will not be required.
When the identity of the registered owner or
other person legally entitled to the possession of an abandoned, lost
or unclaimed vehicle (of seven years of age or newer and exceeding
$750 in value) cannot be determined by any means provided for in this
article, the vehicle may be sold as provided herein or disposed of
in the manner authorized by this article without notice to the registered
owner or other person legally entitled to the possession of the vehicles.
When a motor vehicle or other vehicle in the
custody of the Police Department is reclaimed by the registered owner
or other legally entitled person, or when the vehicle is sold at public
sale or otherwise disposed of as provided by this article, a report
of the transaction will be retained by the Police Department for a
period of one year from the date of the sale or disposal.
While a vehicle located within the corporate
limits of the City is authorized to be towed away by the Chief of
Police and disposed of as set forth in this article, the proceeds
of the public sale or disposition after the deduction of towing, storage
and processing charges shall be deposited in the municipal treasury.
Any police officer, code enforcement officer,
towing service owner, operator or employee shall not be held to answer
or be liable for damages in any action brought by the registered owner,
former registered owner or his legal representative or any other person
legally entitled to the possession of a motor vehicle or other vehicle
when the vehicle was processed and sold or disposed of as provided
by this article.
Any person, firm, co-partnership or corporation
violating any provision of this article shall, upon conviction, be
subject to a fine of not more than $250 or imprisonment for not more
than 15 days, or both.