Section 14-306 Contesting a parking ticket.
Prior to the adoption of Ord. 16077 on 07/06/1999, Section 14-306 read as follows.
(1) Intent and purpose. This section is enacted
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, and for the protection of the public rights in the use
of city streets and thoroughfares.
(2) Authority. Any vehicle having against it five (5) or more unpaid summonses or other
issued within an eighteen-month period, charging that
such the vehicle was parked,
standing in violation of any law, ordinance or local authority of the city,
shall be deemed is a
public nuisance. and the p Police officers and any
other agents of the city assigned to traffic duty parking enforcement
officers are hereby authorized to impound such vehicle by means of a mechanical
boot, or to
have the vehicle towed remove or cause to be removed, at the sole cost
and owners expense of
the individual violator, such vehicle. Such police authority shall have the power, and is hereby
authorized, to remove the vehicle by either private or governmental equipment to the city pound
or such place of private impoundment as he may deem advisable.
(3) Procedure. Impoundment shall constitute either
impoundment by means of a mechanical boot or by towing
to a place of impoundment. A "mechanical boot" is hereby defined to be a device consisting
metal clamps or jaws, screws and a padlocking device, which, when attached to a wheel of the
motor vehicle, prevents that vehicle from being driven. A mechanical boot shall also include any
other device, including the patented "Denver boot," which can be used by attachment to a wheel
of a motor vehicle to prevent it from being driven.
a. Impoundment by means of a
mechanical boot shall be limited as follows:
shall not exceed twenty-four (24) hours, except that a police officer of
the city may extend or reduce the period because of safety or traffic considerations.
vehicle shall be impounded unless such vehicle is found on a public street or
public lot, and has accumulated five (5) or more unpaid summonses or other processes for the
parking provisions of this chapter.
vehicle shall be impounded within the traveled portion of any street or portion of
any street or sidewalk when the impoundment in such place would create a hazard to the traffic
or the public.
the lapse of the time period enumerated herein and the failure of the registered
owner or admitted operator to pay or bond the outstanding summonses or other processes as
herein provided, the city shall tow or cause said vehicle to be towed to a place of impoundment.
registered owner or admitted operator of such vehicle may secure removal of the
mechanical boot within the twenty-four-hour period either by payment and satisfaction of all
outstanding parking fines and all fees associated with the impoundment of the vehicle or by
appearing at the traffic violations bureau, posting bond for such fines and fees and requesting a
date to appear before the municipal court with respect to such charges.
b. No vehicle shall be impounded
under the provisions of this subsection unless
vehicle is on a public street or in a public lot ; provided, however, that a motor vehicle may
towed from a private lot following a complaint by the owner of such lot and a determination by
an officer of the city that such motor vehicle is in violation of the trespass provisions of this
(4) Entrance into impounded vehicles. If it is
necessary to enter a locked or unlocked vehicle
in order to impound such vehicle such entrance must be made in the presence of a commissioned
police officer of the city. The police officer shall conduct a search of such vehicle as he deems
necessary to protect the contents therein; provided, however, such search need not be a complete
(b) Notice to Owner.
(1) Contents of notice attached to
vehicle. Whenever the police department has impounded,
by means of a mechanical boot, a vehicle described above, a notice shall be placed on the
windshield of such impounded vehicle indicating the time and date such immobilization device
was placed on the automobile, along with a brief description of the provisions of subsection
(a)(3)a.5. hereof relating to the means of securing removal of such mechanical boot within the
(2) Mailing; unclaimed vehicles.
Whenever the police department has impounded, by
towing, a vehicle described above, a notice of such removal and the storage place of such vehicle
shall be mailed to the last registered owner of such vehicle, if the name and address of such
owner can be ascertained with reasonable diligence. Such notice shall state that if the owner fails
to reclaim such vehicle within sixty (60) days from the date of the mailing, title to such vehicle
will vest in the city and such vehicle will be sold at public auction to be held not sooner than
thirty (30) days after the expiration of the sixty-day period contained in the notice.
(c) Owner Responsibility. The registered owner of a vehicle having against
it five (5) or more
outstanding summonses shall be presumed to be the owner at the time the summonses were in
fact issued and shall be severally responsible for the offenses and the impoundment, except
where the use of the vehicle was secured by the operator without the owner's consent.
(d) Responsibility for Vehicle Safety, Records and Reports. It shall
be the duty of the police
department to apply and remove the mechanical boot and to safely keep any such impounded
vehicle until such vehicle shall have been repossessed by the owner or person legally entitled to
possession thereof or otherwise disposed of as provided in this ordinance.
The police department
shall cause to be kept an accurate record of the description of such vehicle, including the name of
the officer from whom such vehicle was received, the officer employed to tow or have delivered
the same to such pound or authorized garage, the date and time when received, the place
where found, seized or taken possession of, the make and color of car, style or body, kind of
power, motor number, serial number, number of cylinders, year built, state license number, if
any, equipment and general description of condition, the name and address of the person
redeeming such vehicle, the date of redemption, and the manner and date of disposal of such
vehicle in case the same shall not be redeemed, together with cost of outstanding summonses and
the impoundment and storage charges. This record shall be in the form prescribed by the chief of
(e) Release of Vehicle. Vehicles impounded pursuant to this section will
be released to their
lawful owner (or person entitled to possession) upon showing adequate evidence of a right to its
possession and paying the payment of all accrued fines and costs for each outstanding unpaid
summons, or depositing of the collateral required for his appearance in the municipal court of the
city to answer for each violation for which there is an outstanding or otherwise unsettled traffic
violation notice or warrant and, in addition thereto, the charges for impoundment and storage.
The release should be signed by an authorized officer. All charges relating to the impoundment
of vehicles by means of mechanical boot shall be as established by ordinance.
(f) Sale of Impounded Vehicles:
Vehicles physically impounded by a private towing business may be sold pursuant to the
procedure set out by state law.
(1) Notice of sale, disposition
of proceeds. Whenever any impounded vehicle shall remain
unclaimed by the owner or other person legally entitled to possession thereof for a period of
thirty (30) days from the day notice to owner was mailed, it shall be the duty of the police
department to sell such vehicle at public auction to the highest bidder for cash, the time and place
of such sale to be published at least once in a newspaper of general circulation in the city, not
less than ten (10) nor more than fifteen (15) days from expiration of such thirty (30) days. Such
notice shall contain a full description of the vehicle to be sold and the time and place of sale;
provided, that any such vehicle not sold at the first sale may be offered for sale and sold at any
subsequent sale without further notice or publication. The proceeds of such sale, after paying all
liens and deducting all reasonable charges and expenses incurred by such officer charged with
the keeping of such pound, including those fees and charges herein specified in receiving,
towing, keeping, preparing and giving notices, advertising for sale or selling or otherwise
disposing of such vehicle, shall be paid to the city general fund.
(2) Payments to owner.
If, within six (6) months from the date of sale of the vehicle as above
provided, the owner of such vehicle so sold shall exhibit to the director of finance, or his
designee, satisfactory proof of his/her ownership of such vehicle, the net proceeds of such sale
derived after deduction of the hereinbefore described expenses shall be paid over and refunded to
(3) Disposition of unclaimed,
unsold vehicles. Whenever any such impounded vehicle shall
remain unsold after offering at public sale or shall remain unclaimed for a period of one hundred
eighty (180) days from and including the day when the same shall have been delivered to any
vehicle pound as in this section provided, such vehicle may be given to the use of any department
of the city or other governmental agency desiring the same.
(4) Bidding by city employees
prohibited. No member of the police department, nor any
other employee of the city, directly or indirectly, shall purchase or participate in the bidding for,
or purchase of, any vehicle offered for sale under the provisions of this section. This provision
shall not affect the ability of any employee of the city to properly bid or purchase surplus,
obsolete or unused property sold under the provisions of section 2-463.
(5) Destruction of valueless
vehicles. If the vehicle shall be deemed by the chief of police of
no value or of insufficient value to warrant storage and sale, and if no owner shall appear to
redeem such valueless vehicle within thirty (30) days after the mailing of notice of its removal,
which notice shall contain a statement that the vehicle is deemed to be of no value or of
insufficient value to warrant storage and sale, and that it is the intention to dispose of or destroy
such vehicle, to any owner whose name and address can be ascertained with reasonable
diligence, or by publishing such notice in the official newspaper once, at least five (5) days
before its destruction or other disposition. Such vehicle as above provided shall be conclusively
deemed of no value and to be abandoned property, and there shall be no claim against the city,
the chief of police, nor any of their agents or employees by reason of such destruction or
(Code 1964, §§ 12.780, 12.790, 12.795, 12.800, 12.805, 12.810)