§ 34-123. Impoundment of abandoned property.

(a)

Property subject to impoundment. The police department may cause to be seized, impounded and stored any vehicle, bicycle or other personal property when the property:

(1)

Appears to be abandoned on any street or highway, to include the right-of-way thereof, or other public place of the city;

(2)

Is stolen property and the owner cannot be promptly found who claims the property;

(3)

Is illegally parked on any street or highway, other than a parking meter or overtime violation in a designated parking space;

(4)

Is parked on the streets at night in violation of the ordinances of the city;

(5)

Is a derelict or junk vehicle on any property, except where authorized by the provisions of subsection 34-122(a);

(6)

Has been found to be a derelict vehicle by the municipal code enforcement board or special magistrate; or

(7)

Constitutes an obstruction of traffic.

(b)

Towing and storage fees. The following fees may be charged for the towing and storage of any vehicle, bicycle or other personal property seized, impounded or stored by the police department:

(1)

A maximum of $35.00 when such vehicle is towed from a place within the limits of the city to the place of storage, when such towing is performed during daytime hours. For purposes of this section, daytime hours are classified as 8:00 a.m. to 5:00 p.m. Saturday, Sunday and legal state holidays are considered nighttime hours.

(2)

A maximum of $45.00 when such vehicle is towed from a place within the limits of the city to the place of storage, when such towing is performed during nighttime hours. For purposes of this section, nighttime hours are classified as 5:00 p.m. to 8:00 a.m. Saturday, Sunday and legal state holidays are considered nighttime hours.

(3)

A maximum storage charge of $3.50 for outside storage areas and a maximum storage charge of $4.50 for inside storage areas, for each 24-hour period or fraction thereof that such vehicle or property remains in storage with the city.

(c)

The provisions of this section supplement the provisions of sections 34-124 through 34-126 and may be used in addition to or in lieu of such other provisions.

(Code 1961, §§ 15-128, 15-129; Code 1985, § 12-23; Ord. No. 3006, § 4, 11-23-99; Ord. No. 2010-13, § 10, 12-1-09)