§ 66-35. Immobilization of vehicles.

(a)

Any motor vehicle found parked at any time upon any street or in any off-street parking facility included within the city's parking program in the city against which there are two or more outstanding or otherwise unsettled parking violation notices for which a notice of outstanding penalties has been mailed or posted on the offending vehicle, may by or under the direction of a parking enforcement specialist or police officer, be immobilized in such a manner as to prevent its operation. No such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. All parking violation notices as to owner of the immobilized vehicle shall be resolved prior to the release of the immobilized vehicle.

(b)

It shall be unlawful for anyone, except a parking enforcement specialist, those persons authorized by the parking enforcement specialist or a police officer, to remove or attempt to remove, tamper with or in any way damage or alter the immobilization device. Such acts shall be considered an offense and shall be punishable by a fine not exceeding $500.00 or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment.

(c)

Interfering with, tampering with or attempting to move a vehicle once the parking enforcement specialist or a police officer has begun any parking enforcement activity shall be considered an offense and shall be punishable by a fine not exceeding $500.00 or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment.

(d)

The police department or parking enforcement manager, may tow, or cause to be towed, and impound any motor vehicle immobilized under this section if payment for fines and charges or satisfactory arrangements in lieu thereof have not been paid or obtained by 5:00 p.m. on the day of the attachment of the immobilization device. All expenses for towing or impounding shall be borne by the owner of the motor vehicle. All towing or impounding under this section shall be done in accordance with section 66-34.

(Code 1961, § 20-24(2); Code 1985, § 23-25; Ord. No. 2142, § 2, 3-13-90; Ord. No. 5530, § 2, 6-6-06; Ord. No. 2012-15, § 5, 1-3-12; Ord. No. 2014-7, § 5, 12-17-13)