Section 14-549 Same--Conditions for impounding abandoned property.


Prior to the adoption of Ord. 16077 on 07/06/1999, Section 14-549 read as follows.


    (a) Any mMembers of the police department are may authorized a towing company to remove a vehicle from a street, highway or public parking lot to a the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by the city under the circumstances hereinafter enumerated:

    (1)    When any vehicle is left unattended upon any bridge, viaduct or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic.  Any vehicle on the right of way of an interstate highway, freeway or state highway left unattended for more than ten (10) hours, provided that a commercial motor vehicle under state law not hauling waste designated as hazardous under federal law, may only be removed after the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice.

    (2)    When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is, by reason of physical injury, incapacitated to such an extent as to be unable to provide for its custody or removal. Any unattended vehicle illegally left standing upon any highway or bridge, or a vehicle left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal.

    (3)    When aAny vehicle is left unattended upon a street and is so parked as to constitute a definite hazard or obstruction to the normal movement of traffic or causes any other safety hazard.

    (4)    When aAny vehicle is left at any place within the city which reasonably appears to be in violation of this chapter, or is lost, stolen or unclaimed.  

    (5)    When any vehicle is left unattended in any parking space clearly marked as reserved for disabled parking only or is found blocking any ramp, entrance or stile designed and designated for disabled access.  Any vehicle when the person operating the vehicle is arrested for an alleged offense for which the officer is required to take the person into custody and when such person is unable to arrange for the timely removal of the vehicle.

    (6)    When a vehicle is left unattended on a street or parking lot in any area marked as a bus stop or bus stand where parking is prohibited and where such vehicle interferes with entry by a bus. Any vehicle left unattended on a street or parking lot in any area marked as a fire lane, or as a bus stop or bus stand where parking is prohibited and where such property or vehicle interferes with entry by a bus.

(7)Any vehicle which, due to any state law or city ordinance, is subject to towing because of the owner's outstanding traffic or parking violations.

(8)    Any vehicle left unattended in violation of a state law or city ordinance where signs have been posted giving notice of the law, or when such property is left unattended in any parking space clearly marked as reserved for disabled parking only or is found blocking any ramp, entrance or stile designed and designated for disabled access.

    (b) Such Abandoned property vehicles shall be impounded until lawfully claimed or disposed of in accordance with section 14-306(f) state law.

(c)    The city may immediately remove or have removed any abandoned, unattended, wrecked, burned or partially dismantled property, spilled cargo or other personal property from any roadway or highway in the city if the abandoned property, cargo or personal property is creating a traffic hazard because of its position upon or in relation to the roadway or highway.

(d)    The owner or person in possession of any abandoned property, cargo or personal property, when such must be removed from or near a roadway under this  section shall be responsible for payment of all reasonable charges for removal, towing and storage of such abandoned property, cargo or personal property.

(e)    Members of the police department authorizing towing under this section shall make such reports as are required by state law.

(Code 1964, § 12.660; Ord. No. 9749, § 1, 3-9-83)