§ 26-114. Motor vehicle immobilizing devices; towing.

(a)

The director or his/her designee is hereby authorized to attach an immobilization "boot" device, which prevents a vehicle from being moved under its own power, to a motor vehicle under the following conditions:

(1)

The motor vehicle has, on at least three (3) prior occasions, been found stopped, standing or parked on any street, alley, thoroughfare, parking lot or garage within the city in violation of a state law or city ordinance for which parking tickets have been issued and to which the registered owner has failed or refused to respond by requesting an administrative appeals hearing as provided in section 26-113, to contest the parking tickets or by paying the civil penalties indicated upon the parking tickets or imposed by a hearing officer or court order; and

(2)

The registered owner of the motor vehicle has been given written notice by mail or otherwise that the provisions of this section will be enforced against the motor vehicle unless, not more than five (5) calendar days from the date of receipt of the notice, the owner shall pay the city's parking customer service office or designee, in cash or by credit card, the civil fines and penalties for all such outstanding parking tickets; and

(3)

The registered owner of the motor vehicle has failed or refused to respond to the notice described in paragraph (a)(2) above by paying such civil fines and penalties.

(b)

The director or his/her designee shall maintain a current list of all motor vehicles to which an immobilizing device may be attached pursuant to this section.

(c)

The immobilizing device shall be attached to the motor vehicle at any location within the city where the motor vehicle may be found, if the location is in a right-of-way or a place where the public is invited to travel, except that no motor vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic.

(d)

At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the windshield or to the left front window stating that the immobilizing device has been attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the motor vehicle of the total amount of civil fines and penalties assessed under the citations for which the motor vehicle is immobilized, plus the removal charge for removal of the immobilizing device, and the location to which the owner or operator must go in order to pay the civil fines and penalties and removal charge and have the immobilizing device removed from the motor vehicle. Within twenty-four (24) hours of an immobilization device being attached to the vehicle, the owner or operator of the vehicle may also follow the instructions appearing on the affixed notice to contact the referenced city department for removal of the immobilization device after business hours, provided that the owner or operator complies with subsection (e) below.

(e)

Except as provided in subsection (f) below, the immobilizing device shall be removed from the motor vehicle only upon payment of the civil fines and penalties assessed under the citations for which the motor vehicle has been immobilized, plus the removal charges, and upon the authorization of the director or his/her designee.

(f)

Upon payment of all civil penalties not otherwise appealed by an owner or operator pursuant to section 26-113, the owner or operator of a vehicle which has been immobilized with an immobilizing device shall have the right to request the director or his/her designee to conduct an administrative hearing for the purpose of determining whether such vehicle was properly immobilized in accordance with the terms of this section. The owner or operator has the option of paying the removal charge to have the immobilizing device removed subject to the administrative hearing being held in accordance with this section. Otherwise, the immobilized vehicle is subject to towing as provided in subsection (h). Any request for an administrative hearing under this section must be made to the city's parking customer service office no later than 10:00 a.m. on the next business day after the vehicle was immobilized. The hearing shall be held prior to the end of the following working day after such request is made. The owner or operator requesting the hearing shall receive notice of the hearing date, time and place at the time the request is made. If, upon the conclusion of the hearing, the director determines that the vehicle was properly immobilized in accordance with the terms of this section, all civil penalties and removal charges shall be retained by the city. If the director determines that the vehicle was not properly immobilized in accordance with this section, the immobilizing device shall be removed immediately, and the removal charge will be returned to the owner or operator. All civil penalties not otherwise pending appeal under section 26-113 shall be retained by the city.

(g)

The removal charge for the authorized removal of an immobilizing device is hereby established in the amount of seventy-five dollars ($75.00).

(h)

As an additional remedy, if an immobilizing device remains on a motor vehicle for more than twenty-four (24) hours, any motor vehicle described in subsection (a) may be towed from any location where it may be found within the city, and shall be impounded until the registered owner pays all outstanding civil penalties, the removal charge and the costs of towing and impoundment.

(1)

Vehicles may be towed at any time if the location is a right-of-way or a place where the public is invited to travel (including sidewalks).

(i)

This section shall be applied retrospectively so that any outstanding citation or summons shall be includable in determining whether the requirements of paragraph (a)(1) have been met.

(Ord. No. C-14-50 , § 1, 12-17-14; Ord. No. C-17-28 , §§ 132—135, 9-13-17)