§ 35-25. Removing, impounding illegally parked vehicles.

(a)

Whenever any law enforcement officer finds a vehicle standing upon a street or highway in violation of section 35-61, the officer is authorized to move the vehicle, or require the driver or other persons in charge of the vehicle to move the same, to a position off the paved or main-traveled part of the street or highway or to have the vehicle towed if the vehicle is standing or parked in a designated tow away zone.

(b)

Officers are hereby authorized to provide for the removal of any abandoned vehicle to the nearest garage or other place of safety when such abandoned vehicle is found unattended upon a bridge or causeway or on any public street or highway in the following instances:

(1)

Where such vehicle constitutes an obstruction of traffic;

(2)

Where such vehicle has been parked or stored on the public right-of-way for a period exceeding forty-eight (48) hours, in other than designated parking areas, and is within thirty (30) feet of the pavement edge; and

(3)

Where an operative vehicle has been parked or stored on the public right-of-way for a period exceeding ten (10) days, in other than designated parking areas, and is more than thirty (30) feet from the pavement edge. However, the agency removing such vehicle shall be required to report same to the state department of highway safety and motor vehicles within twenty-four (24) hours of such removal.

(c)

Any vehicle moved under the provisions of this chapter which is a stolen vehicle shall not be subject to the provisions hereof unless the moving authority has reported to the state highway patrol the taking into possession of the vehicle within twenty-four (24) hours of the moving of the vehicle.

(d)

Whenever a law enforcement officer removes or causes to be removed a vehicle as authorized by this chapter and the officer knows or is able to ascertain the name and address of the owner of the vehicle, the law enforcement agency shall immediately give or cause to be given notice in writing to such of the fact of such removal, the reason therefor, and the place which such vehicle is stored in a public garage. A copy of such notice shall be given to the proprietor of the garage.

(e)

The cost of towing or removing a vehicle impounded under this chapter and the cost of storing same shall be chargeable against the owner of the vehicle and shall be a lien upon the vehicle. The owner of the vehicle shall pay these charges before the vehicle will be released. The vehicle may be stored in a public or private place. If the vehicle is stored in a private place, the amount charged for storage shall be the amount provided for by contract between the private storage facility and the county, the sheriff, or other law enforcement agency. If the vehicle is stored on county property, the charges for storage shall be set by the board of county commissioners by resolution. The charges to the owner for towing shall be the amount provided for in any contract between the towing company and the county, the sheriff or other law enforcement agency.

(Code 1965, § 34-6; Ord. No. 85-1, § 1, 1-7-85; Ord. No. 94-12, § 3, 6-14-94)