§ 26-1A. Authority to use an impoundment device.

(1)

Police officers, or such officers as are assigned by the chief of police, may immobilize a vehicle in such manner to prevent the operation of such vehicle remaining in violation of this chapter in an on-street or public parking lot space, the use of which is regulated by an official sign or parking meter. If a vehicle remains in an on-street or public parking lot space for any period longer than twenty-four (24) hours, then the vehicle may be immobilized by an impoundment device. For a parking lot space governed by an official sign, the violation time runs from the expiration of time allowed on said official sign and continues for twenty-four (24) hours. Similarly, if the parking lot space is governed by a parking meter, the violation time runs from the time the meter shows violation, and continues for twenty-four (24) hours. After the vehicle has been fitted with an impoundment device, the vehicle will remain at the original on-street or parking lot space for an additional twenty-four (24) hours, allowing the responsible owner to take necessary action to move the vehicle. However, after the expiration of the second twenty-four-hour time period, the vehicle will be towed.

(2)

The registered owner of any vehicle with five (5) or more outstanding unpaid parking violations shall be notified by mail that their vehicle is subject to immobilization under the provisions of this section. The notice shall provide the owner with a detailed list of the outstanding parking violations and that their vehicle may be immobilized and impounded, pursuant to this section. The owner will be provided an opportunity to contest the validity of the proposed immobilization and impoundment upon written request to the chief of police, within fifteen (15) days of city's mailing of notice.

(3)

Any registered owner, as referred to in subsection (2), may request a timely administrative hearing, in order to be given an opportunity to contest the validity of the proposed immobilization and impoundment. Such hearing shall be scheduled as soon as practicable before the city manager, his designee or a special magistrate. The city's designated hearing officer shall be solely responsible for conducting a hearing and rendering a decision. If a special magistrate is used and the owner's challenge is unsuccessful, fees for the special magistrate and the city attorney's attendance at an administrative hearing may be assessed as a cost of the impoundment.

(4)

Any action under this section shall be stayed pending the decision rendered at a timely requested hearing. The purpose of the hearing is to provide an opportunity to contest the validity of a proposed immobilization and not to contest the merits of the parking violations.

(5)

Absent a stay as provided in subsection (4), at any time, officers of the police department, or such other officers as are assigned by the chief of police, may immobilize those vehicles found parked upon any street, or any off-street parking area in the city where five (5) or more unpaid parking tickets have accumulated against the vehicle for which there has been no payment, court order, adjudication or response by the vehicle owner.

(6)

The police department having immobilized a vehicle, under this section, shall conspicuously affix a notice to such vehicle, and shall mail, by the end of the next business day, to the last known address of the registered owner of the vehicle, a notice. The notice, on a form provided by the city, notifies the owner to pay the civil penalty specified, and informs the owner of the vehicle that:

a.

Such vehicle (specifying the license number and listing the parking violation notices issued to such vehicle) has been immobilized pursuant to and by the authority of this section; and

b.

The owner of such immobilized vehicle shall be permitted to repossess, or secure release of the vehicle, upon compliance with either of the following alternative procedures:

1.

Payment to the director of finance, or his designee, of the total civil penalty, including delinquent fees, for each violation and an immobilization service fee set forth in section 26-29, penalty, as amended.

2.

By requesting an administrative hearing, within fifteen (15) days of the city's mailing of notice.

(7)

If, after contacting the appropriate state agency, which acts as a custodian of vehicle registration and license tag records, the police department is unable to determine the motor vehicle owner's address, the motor vehicle may be immobilized in accordance with the provisions of this section, except that the mailing notice, under subsection (2), is not required.

(8)

If the owner of the immobilized vehicle does not make arrangements for the removal of the immobilization device within twenty-four (24) hours of the time such motor vehicle is immobilized, then the police department may remove such vehicle to a garage, or other place of safety, in accordance with section 26-1. Any towing service charges, incurred pursuant to this subsection, shall be additional costs to be assessed to the registered owner of the vehicle.

(9)

No vehicle immobilized, in accordance with this section, shall be immobilized by any means other than by the use of an impoundment device or other mechanism, which will cause no damage to such vehicle, unless the vehicle is moved while such device or mechanism is in place.

(10)

No person, except as may be authorized by the police department, shall remove, attempt to remove, tamper with, in any way damage, or alter the immobilization device. A violation of this subsection shall result in the civil penalty, set forth in section 26-29, as amended.

(11)

Any vehicle immobilized pursuant to this section shall be subject to impoundment as authorized by section 26-1.

(Ord. No. 1502, § 2, 12-3-2009)