§ 74-107. Removing, impounding and immobilization of vehicles bearing outstanding citations.

(a)

Any motor vehicle found parked at any time upon any street or in any off-street parking facility in the city against which there are five or more outstanding or otherwise unsettled parking violation notices for which no hearing has been requested within the requisite time period and for which a notice of summons has been mailed may, by or under the direction of a 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. If no immobilization device or other mechanism is available, the vehicle may be towed to a public garage or other place of safety, at the owner's expense.

(b)

If, after contacting the appropriate state agency which acts as custodian of vehicle registration and license tag records for the state from which the license tag attached to the motor vehicle was issued, a police officer is unable to determine the motor vehicle owner's address, the motor vehicle may be immobilized or towed in accordance with subsection (a) of this section, except it shall not be necessary for the police department to mail a notice of summons before the motor vehicle may be immobilized or towed.

(c)

It shall be the duty of the police officer immobilizing such motor vehicle or under whose direction such vehicle is immobilized to post on such vehicle, in a conspicuous place, notice sufficient to inform the owner or operator of the vehicle that:

(1)

Such vehicle has been immobilized pursuant to and by the authority of this section; and

(2)

The owner of any immobilized or towed vehicle or other duly authorized person shall be permitted to repossess or to secure the release of the vehicle upon compliance with either of the following alternative procedures:

a.

Payment to the city clerk or to the police department, if after normal city hall business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, of a service charge of $50.00, which does not include any applicable towing fees, for removal of the immobilization device or for authorizing the towing company to release the vehicle; or

b.

Posting with the city clerk or with the police department, if after normal city hall business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, of a cash or surety bond or other adequate security equal to the amount of $50.00. If, during the hearing on the outstanding parking violation notices which necessitated the immobilization or towing of the vehicle, the city prevails on any or all of the outstanding violations, the cash or surety bond of $50.00 shall be forfeited to the city.

(d)

It shall be unlawful for anyone, except those persons authorized by the police department, to remove or attempt to remove, tamper with, or in any way damage or alter the immobilization device or to notify a towing company to release a vehicle that has been towed in accordance with this chapter.

(e)

Any vehicle immobilized pursuant to this section shall be subject to impoundment as authorized by section 74-106.

(Code 1988, § 21-15)