§ 70-89.1. Immobilization and/or impoundment of vehicle for persistent violations.
Latest version.
If the owner of a vehicle which has received at least three parking citations fails
to pay the applicable fines or request a hearing within the specified time, said vehicle
may be immobilized and/or impounded by the city. The city is hereby authorized to
attach a device or "boot" that is capable of immobilizing the motor vehicle so that
it cannot be moved under its own power without damage to said motor vehicle. The immobilizing
device shall be attached to the motor vehicle at a place where it is found except
that no motor vehicle shall be immobilized within the travel portion of any street
or on any portion of any street when immobilization at such place would create a hazard
to the public or to traffic on the street. At the same time as the immobilizing device
is attached to the motor vehicle, a notice shall be affixed to the windshield or other
prominent place on the motor vehicle stating that the immobilizing device has been
so attached, cautioning the operator not to attempt to operate the motor vehicle while
the immobilizing device is still attached, and informing the owner or operator of
the motor vehicle of the number, age and total of penalties and charges assessed under
the summons/complaint tickets for which the motor vehicle is immobilized (including
the removal charge for removal of the immobilizing device) and the location to which
he must go in order to pay the penalties and charges and have the immobilizing device
removed from the motor vehicle. The immobilizing device shall be removed from the
motor vehicle upon payment to the city of the total penalties and charges assessed
in this ordinance for which the motor vehicle is immobilized. There will be a $25.00
blocking fee assessed for each vehicle immobilized. The city manager or his designee
may approve the removal of the immobilizing device upon payment of the above-stated
penalties and charges. The city may tow or cause to be towed and impound any motor
vehicle immobilized under this section if payment for penalties and charges have not
been paid or obtained within 24 hours of attaching of the immobilization device. The
city may also tow or cause to be towed and impounded any motor vehicle the owner of
which has received at least three parking citations and has failed to pay the applicable
fines or request a hearing within the specified time. The costs of immobilizing, towing,
removing, and storing said vehicle plus the fines assessed per offense shall be a
lien on said vehicle. The owner shall pay all of said charges and fines before the
vehicle shall be released. The city manager, or his designee, may, upon good cause
shown, modify the fines or extend the time within which the fines may be paid prior
to immobilization and/or impoundment of the vehicle. The decision to immobilize and/or
impound is at the discretion of the city manager, or his designee, and may be used
as the sole remedy or in conjunction with other remedies the city may exercise against
the owner of vehicles who does not pay parking fines.
(Ord. No. 814, § 1, 11-23-93)
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