§ 74.01 PURPOSE.

The impoundment of vehicles under authority of the provisions of this chapter shall be construed as an enforcement procedure for protection of the public peace, safety, and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention, and abatement of public nuisances arising from traffic law violations, protection of the public rights in the use of streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting recovered stolen vehicles.

(Prior Code, § 15-501)

§ 74.02 PLACE OF IMPOUNDMENT.

Every vehicle that is impounded under the provisions of this chapter shall be removed to the nearest garage or place of safekeeping designated by the Town Board of Trustees or Police Chief, who is willing to accept and/or tow the vehicle at the time of the request made by the town’s official.

(Prior Code, § 15-502)

§ 74.03 DURATION.

(A) Except as otherwise provided, any vehicle impounded under the authority of this chapter shall be stored and held safely until an order for its release is received from an officer of the Traffic Violations Bureau or other proper police officer.

(B) The order of release of an impounded vehicle shall be conditioned upon the following:

(1) Payment by the person to whom the release is issued of all impoundment costs and accrued storage charges assessed against the vehicle;

(2) The person requesting the order presents to the officer, at the time of making the request, a valid driver’s license, and a valid proof of insurance or other financial responsibility covering the vehicle which is the subject of the order;

(3) The person requesting the order, at the time of making the request, is not the subject of an outstanding arrest warrant issued by a court of competent jurisdiction verified by the officer to whom the request is made; and

(4) The person requesting the order, at the time of making the request, is not shown on the records of the town as having unpaid citations for which a judgment has been entered by the Town Court.

(Prior Code, § 15-503) (Ord. 2006-003, passed 2-14-2006)

§ 74.04 POLICE GRANTED AUTHORITY TO IMPOUND VEHICLES.

Members of the Police Department are hereby authorized within the limits set forth in this chapter to impound vehicles under the circumstances hereinafter enumerated. No impoundment shall be valid unless made under order of an authorized police officer and in strict adherence with the procedures required in this chapter. Pursuant to 47 O.S. § 901, a town police officer shall deem a vehicle abandoned and shall have the authority to remove or direct the removal of a vehicle when found upon any portion of the highway, shoulder, or right-of-way, if after a period of 48 hours there is no evidence of an apparent owner who intends to remove the vehicle.

(Prior Code, § 15-504)

§ 74.05 DISABLED VEHICLES.

A disabled vehicle upon a street or highway may be impounded under the following circumstances:

(A) If left unattended and improperly parked on a street or highway and constitutes a definite hazard or obstruction to the normal movement of traffic; or

(B) If the person in charge of the vehicle is physically incapacitated to such extent as to be unable to provide for its custody or removal and the vehicle is so disabled as to constitute an obstruction to traffic or a hazard.

(Prior Code, § 15-505)

§ 74.06 VEHICLES CONSTITUTING A HAZARD.

(A) If a police officer of the town has reasonable cause to believe a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic or be highly susceptible to damage from vandalism or other harm, such officer shall have the authority to remove or direct the removal of the vehicle immediately.

(B) To this end, an unattended vehicle left upon any bridge, viaduct, or causeway or in any tube or tunnel, where the vehicle constitutes an obstruction to traffic or hazard, may be impounded. At the time of ordering the removal of an abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify the amount on the removal order. Vehicles abandoned upon the traveled portion of the roadway shall be deemed a hazard and may be removed at the discretion of any town police officer.

(Prior Code, § 15-506)

§ 74.07 ARREST AND DETENTION OF DRIVER OF VEHICLE.

Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leaves or will leave a vehicle unattended on any street, roadway, or highway, the vehicle may be impounded.

(Prior Code, § 15-507)

§ 74.08 VEHICLES PARKED OVERTIME.

Any unattended vehicle which has been parked for more than one hour in excess of the time allowed for parking in any place may be impounded, and any vehicle parked in violation of this chapter regarding more than 24 hours may be impounded.

(Prior Code, § 15-508)

§ 74.09 VEHICLES BLOCKING FIRE EXITS OR HYDRANTS.

Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device, or exit or blocks ready access to a fire hydrant shall be impounded.

(Prior Code, § 15-509)

§ 74.10 VEHICLES PARKED IN INTERSECTION.

Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled vehicle in an intersection with the person in charge of the vehicle being present, shall be moved out of the intersection and to the nearest available legal parking space at the street curbing, if possible, and if not towed away at the owner’s expense.

(Prior Code, § 15-510)

§ 74.11 STOLEN VEHICLES; RECOVERY BY POLICE.

(A) Whenever a stolen vehicle is located by police and the registered owner cannot be found within a reasonable time not exceeding one hour, or cannot be determined from the registration papers or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle may be removed to the nearest authorized place to impoundment and the registered owner of the vehicle shall be notified of the location of the place of impoundment as soon as possible by the Police Department.

(B) If the registered owner is identified, located, and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his or her own arrangement for the removal of the vehicle within the period of one hour from the time he or she is actually notified of its recovery, and if the owner is unable or unwilling to effect the removal within the time specified the vehicle may be impounded.

(C) Notwithstanding any other provision herein, a police officer of the town may direct that a vehicle be moved to a safe parking area awaiting recovery by the owner if, in the police officer’s opinion, the situation or conditions so warrant.

(Prior Code, § 15-511)

§ 74.12 VEHICLES WITH OUTSTANDING TRAFFIC CITATIONS.

Any vehicle for which two or more citations have been issued for violation of an ordinance, and has not been repaired or presented as required, may be impounded if parked in violation of any provision of this chapter.

(Prior Code, § 15-512)

§ 74.13 INVENTORY OF IMPOUNDED VEHICLES.

If practically possible, any vehicle impounded for any reason shall be inventoried by two or more persons for the protection of the owner and his or her property, the protection of town law enforcement personnel, and the protection of the garage or wrecker service moving or holding the vehicle.

(Prior Code, § 15-513)

§ 74.14 ILLEGAL TRESPASS BY VEHICLE.

(A) An unattended vehicle found to be in violation of this chapter may be impounded when the required complaint has been properly made and filed as provided in this section.

(B) If a violation of the provisions of this chapter occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner’s or legal occupant’s property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing.

(C) Upon filing of the complaint by the property owner or legal occupant, and if there appears to be proper cause to believe the provisions of this chapter have been violated, the Police Department shall cause the vehicle to be impounded from the property and placed in storage.

(Prior Code, § 15-514)