§ 98-70. Impoundment or immobilization of vehicle in violation of article.

(a)

Authority of police and designated parking enforcement personnel.

(1)

When any vehicle is parked or left standing in violation of this article on any city or publicly owned property, including city streets, highways, roads, alleys, parking lots or any other premises of the city, any police officer, police service technician, or parking enforcement specialist, is authorized to take possession of such vehicle and to remove such vehicle from such property and to store and possess such vehicle in conformity with this section.

(2)

When any vehicle is parked or left standing in violation of this chapter on any private property, any police officer, police service technician, or parking enforcement specialist, is authorized, after receiving a written complaint from the owner or lawful possessor of such property and to store and possess such vehicle in conformity with this section.

(b)

Immobilization.

(1)

Any law enforcement officer, police service technician, or parking enforcement specialist, who comes into contact with an unoccupied parked vehicle, either on a public street or off-street parking facility, which he/she reasonably believes to be a vehicle for which there is three or more unpaid recorded parking violations, shall immobilize the vehicle in the manner prescribed in paragraph (b)(2), and fee shall be assessed in accordance with the fee schedule established in appendix A.

(2)

Immobilization of vehicles pursuant to subsection (b)(1) shall be accomplished by means of a Denver boot or other nondestructive device which prevents the vehicle from moving under its own power. The law enforcement officer, police service technician, or parking enforcement specialist, who causes the vehicle to be immobilized shall attach a notice to the vehicle advising the owner of the vehicle of the information necessary to enable the owner to have the immobilizing device removed.

The notice shall be signed by the law enforcement officer, police service technician, or parking enforcement specialist, and indicate his/her identification number.

(c)

Impoundment.

(1)

Any law enforcement officer, police service technician, or parking enforcement specialist, who comes into contact with an unoccupied parked vehicle, either on a public street or off-street parking facility, which he/she reasonably believes to be a vehicle for which there is three or more unpaid recorded parking violations, shall impound the vehicle in the manner prescribed in subsection (c)(2).

a.

Any law enforcement officer, police service technician, or parking enforcement specialist, who comes in contact with an unoccupied vehicle parked on the street outside the permitted time limit shall issue a citation and shall impound the vehicle in the manner prescribed in subsection (c)(2).

b.

The city's contract towing company may be authorized to tow, without individual request by the city, any vehicle parked on the street beyond the regulated time limits authorized herein.

(2)

Impoundment of vehicles pursuant to subsection (c)(1) shall be accomplished by means of removal of the vehicle to the nearest facility or other place of safety, or to a facility designated or maintained by the municipality.

(d)

Owner responsibility and storage charges. The cost of towing, booting, or removing a vehicle impounded or immobilized under this section and the cost of storing the same or removing the immobilization device shall be chargeable against the owner and shall be a lien upon the vehicle. The owner of the vehicle shall pay these charges and any outstanding administrative delinquency, or collection fees owed, before the vehicle will be released. The vehicle may be stored in a public or private place. If the vehicle is stored in a private place, the amount charged for storage shall be the amount the city must pay for the vehicle's storage. If the vehicle is stored on city property, the charges for storage shall be $2.00 per day. The charges to the owner for towing shall be the cost of towing to the city.

(e)

Notice to owner. Upon taking possession of any such vehicle, as provided in this section, the police department or other department initiating impoundment, shall endeavor to notify the owner thereof that such vehicle has been impounded and is being held for the towing and storage charges. A notice shall be given to the person to whom the vehicle is licensed in accordance with the registration list furnished by the register of motor vehicles. The notice shall be given within a reasonable time by registered mail and the actual charge for the giving of such notice shall be collected at the time the vehicle is returned to the owner thereof.

(f)

Recovery. The registered owner of such vehicle shall be entitled to recover such vehicle only after making payment for the charges and expenses to the police department for the cost of towing or immobilizing such vehicle, plus the cost of storage and any outstanding administrative delinquency, or collection fees owed of such vehicle herein specified. The registered owner of such vehicle shall be responsible for paying the charges and fine as herein provided whether such registered owner was the person who unlawfully parked or left standing such vehicle, or not, and in each instance the police department shall require payment of the sums herein provided for before restoring to the registered owner possession of such vehicle.

(g)

Sale of unredeemed vehicles. If the impounded vehicle is not claimed and all charges paid within 30 days after the police, police service technician, or parking enforcement specialist, have taken possession of such vehicle an action may be commenced in the county court or in any other court by the city attorney in the name of the city as plaintiff or by the impoundment or towing facility to whom storage fees are owed and against the name of the owner as defendant for the amount of the charges due. After judgment is obtained in favor of the city or impoundment or towing facility, the vehicle may be levied upon and sold for the purpose of satisfying the judgment as required by law.

(h)

Tampering or unauthorized removal of an immobilization device.

(1)

It shall be unlawful for any person to tamper with an immobilization device or remove such device without proper authorization from the Starke Police Department, or other department initiating immobilization.

( Ord. No. 2014-0704, § 2, 3-18-2014; eff. 5-1-2014 )