§ 25-79. Procedures for impoundment and immobilization.

(a)

When a vehicle is found parked, whether legally or illegally, at any time upon a public street or public property within the city, and such vehicle has met the criteria for immobilization or impoundment as provided in this article, any authorized employee designated by the city manager, peace officer or parking enforcement officer for the city, may immobilize the vehicle by the installation on, or attachment to, the vehicle of a device, or boot, designed to prohibit the movement of the vehicle. In the alternative, such vehicle may be towed and impounded.

(b)

At the time of immobilization, the person executing the immobilization shall attach to the vehicle a written notice on a form provided by the city that includes the following information:

(1)

Notice that the vehicle has been immobilized pursuant to this section and that attempted movement may cause damage to the vehicle;

(2)

Instructions as to release of the vehicle;

(3)

Notice that the owner or operator may request a hearing regarding the immobilization within ten (10) business days following the date of immobilization; and

(4)

Notice that the vehicle may be towed and impounded if the owner or a person authorized to act on behalf of the owner does not obtain a release of the vehicle within twenty-four (24) hours following the immobilization.

(c)

Notice that failure to request or appear at a hearing as provided in this section waives any objection to the proposed impoundment or immobilization of the vehicle.

(d)

In the event that the vehicle is towed and impounded, the owner shall be responsible for payment of applicable fees for towing, impoundment and storage in addition to the fines, costs and fees under this section.

(e)

This section is to be cumulative of existing law, and nothing herein shall be construed to restrict or limit the right to tow and impound vehicles under other applicable law.

(Ord. No. 9905-2015, § 1, 9-1-15)