ARTICLE XII. - REGULATIONS FOR IMPOUNDMENT OF VEHICLES

DIVISION 1. - GENERALLY#

Secs. 18-351—18-365. - Reserved.#

DIVISION 2. - WEATHER EMERGENCIES#

Sec. 18-366. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director means the director of public works or, in his absence, his duly designated and acting representative.

Roadway means that transportation of a street or highway improved, designed or ordinarily used for vehicular travel.

Street or highway mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel.

(Rev. Ords. 1987, § 18-366)

Cross reference— Definitions generally, § 1-2.

Sec. 18-367. - Placement of signs along streets, during removal of snow; parking within places indicated by signs prohibited.#

For the purpose of facilitating the removal of snow, the traffic engineer may in his discretion place properly marked signs along any street or portion thereof as he shall from time to time deem necessary. It shall be unlawful for the operator of any vehicle to enter upon, stop or park within the spaces indicated by such signs.

(Rev. Ords. 1987, § 18-367)

Sec. 18-368. - Temporary provisions to take precedence.#

Any provision of this article which becomes effective by the declaration of the director or upon the occurrence of certain weather conditions shall, while temporarily in effect, take precedence over other conflicting provisions of law normally in effect, except that it shall not take precedence over provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicles or emergency traffic directions by a police officer.

(Rev. Ords. 1987, § 18-368)

Sec. 18-369. - Announcement of emergency declarations.#

The director shall cause each declaration by him pursuant to this article to be publicly announced by means of broadcasts or telecasts from stations with a normal operating range covering the city. The director may cause such declaration to be further announced in newspapers of general circulation when feasible. Each announcement shall describe the action taken by the director, including the time it became or will become effective, and shall specify the streets or area affected. A parking prohibition declared by the director shall not go into effect until at least two hours after it has been announced at least four times between 6:00 a.m. and 11:00 p.m. in accordance with this section. The director shall make or cause to be made a record of each time and date where any declaration is announced to the public in accordance with this section.

(Rev. Ords. 1987, § 18-369)

Sec. 18-370. - Parking prohibition generally.#

(a)

Whenever the director determines on the basis of falling snow, sleet or freezing rain or on the basis of a forecast by the U.S. Weather Bureau or other weather service that the weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on city streets be prohibited or restricted for snow plowing and other purposes, the director shall put into effect a parking prohibition on all parts of the streets, highways and roadways of the city as necessary by declaring it in a manner prescribed by this article.

(b)

Once in effect, a prohibition under this section shall remain in effect until terminated by announcement of the director in accordance with this article. While the prohibition is in effect, no person shall park or allow to remain parked any vehicle on any portion of a street to which the prohibition applies.

(Rev. Ords. 1987, § 18-370)

Sec. 18-371. - Announcement of public parking areas.#

Whenever there are areas in the city available for the purposes of operators or owners who have no driveways or garages to park their vehicles during any prohibition against parking as outlined in this article, the director shall announce publicly, as provided in this article, where vehicles may be brought and parked during the prohibition.

(Rev. Ords. 1987, § 18-371)

Sec. 18-372. - Termination of prohibitions on parking.#

Whenever the director shall find that some or all of the conditions which gave rise to a parking prohibition in effect pursuant to this article no longer exist, he may declare the prohibition terminated in whole or in part in a manner prescribed by this article effective immediately upon announcement.

(Rev. Ords. 1987, § 18-372)

Sec. 18-373. - Operators to remove stalled vehicles.#

Whenever a vehicle becomes stalled for any reason, whether or not in violation of this article, or any part of a street or highway on which there is a covering of snow, sleet or ice or on which there is a parking prohibition in effect, the person operating the vehicle shall take immediate action to have the vehicle towed or pushed off the roadway to his own driveway, to a public place so provided for or to a nearby private garage. No person shall abandon or leave his vehicle in the roadway on which a prohibition is in effect, except for the purpose of securing assistance during the actual time necessary to go to a telephone, garage, gasoline station or other place of assistance and return without delay.

(Rev. Ords. 1987, § 18-373)

Secs. 18-374—18-385. - Reserved.#

DIVISION 3. - PROCEDURE FOR REMOVAL AND IMPOUNDMENT#

Sec. 18-386. - Removal of vehicles during immediate emergencies.#

The chief of police is hereby empowered during any emergency, disaster, serious disturbance or occurrence to summarily remove from the streets, highways and public places any vehicle by whatsoever means propelled which in his opinion endangers the life, limb or the property of any person or which in any way interferes with or obstructs the activities of the police, fire or highway departments in their endeavors to safeguard the lives, limbs and property of any person or that in any way obstructs or interferes with the activities of the highway department in the removal and the plowing of ice and snow from the streets, highways and public places of the city.

(Rev. Ords. 1987, § 18-386)

Sec. 18-387. - Removal in the event of impending emergencies; notice of circumstances required.#

In the event of an impending emergency, disaster, serious disturbance or occurrence, the chief of police is hereby empowered, after having given reasonable public notice consistent with the immediate circumstances, to summarily remove from the streets, highways and public places of the city any vehicle which he deems will endanger the life, limb or property of any person or which in his opinion may in any way obstruct or interfere with the activities of the police, fire and highway departments in their endeavors to safeguard the lives, limbs and property of any person or that in any way may obstruct or interfere with the activities of the highway department in the removal and the plowing of any ice or snow from the streets, highways and public places of the city.

(Rev. Ords. 1987, § 18-387)

Sec. 18-388. - Tagging, impoundment, etc., of vehicles.#

Members of the police department are hereby authorized to tag all vehicles parked or abandoned on the streets of the city and to remove or have such vehicles removed from the streets to the nearest area set aside for that purpose and maintained by the police department or otherwise maintained by the city where: (1)

The vehicle is parked or abandoned on a street on which a parking prohibition as prescribed in this chapter is in effect.

(2)

The vehicle is stalled on a street on which there is a covering of snow, sleet or ice on which there is a parking prohibition in effect and the person who was operating such vehicle does not appear to be removing it in accordance with the provisions of this chapter.

(3)

The vehicle is parked in violation of this chapter or is interfering or is about to interfere with snow removal operations.

(Rev. Ords. 1987, § 18-388)

Sec. 18-389. - Impoundment of removed vehicles.#

Such vehicles as are removed pursuant to this article shall be impounded at the police station or any public garage designated by the chief of police.

(Rev. Ords. 1987, § 18-389)

Sec. 18-390. - Notice of impoundment of vehicle.#

Whenever an officer removes or cause to be removed a vehicle from the street as authorized in this article and the officer knows or is able to ascertain from the registration the name and address of the owner thereof, such officer shall as soon as possible give or cause to be given notice in writing or by other means to such owner of the fact of such removal and the reason therefor and of the place to which such vehicle has been removed. If such vehicle is stored in a public garage or outdoor parking area privately owned, a copy of such notice, if written, shall be given to the proprietor of such garage or parking area.

(Rev. Ords. 1987, § 18-390)

State Law reference— Notification of owner and lienholder of abandoned automobile taken into custody by police department, G.L. 1956, § 31-43-3.

Sec. 18-391. - Place of impoundment.#

Whenever a tagged vehicle has been removed as authorized in this article, it shall be removed to the nearest public area provided and maintained for this purpose during the emergency by the police department or the city. If there is no space for this purpose in the area so provided by the police department or the city, then such tagged vehicle shall be removed to the nearest available outdoor public parking area maintained by private ownership.

(Rev. Ords. 1987, § 18-391)

Sec. 18-392. - Notice to appear; payment of charges.#

Whenever the person who is in violation of this article is notified in writing by a police officer to appear on a day and hour stated in such notice to answer such charge before the district court having jurisdiction thereof, such person, instead of personally appearing in court, may in person appear at the police station of the city within seven days from the time noted on the above-mentioned written notice and give to the officer in charge of the receiving desk a sum of money sufficient to cover all charges incurred by the city in the removal of such tagged vehicle, including storage charges, if any, and a sum of money sufficient to cover the fine as designated by ordinance as the fixed penalty for such violation charged together with the written notice and tag affixed to the tagged vehicle and written authorization for the clerk of the police department designated by the chief of the police department to appear on his behalf any time within eight days of the receipt of the written notification of the violation before the clerk of the district court having jurisdiction thereof and admit the truth of the charge and pay to the clerk of court the fine as designated by ordinance as the fixed penalty for the particular violation. The operators of cars registered out of state may pay their fine by mailing the tag and the amount of the fine and in addition a sum necessary to reimburse the city for all charges, if any, incurred by the city in the removal and storage of such tagged vehicle within seven days from the date of the violation, postage prepaid, addressed to the chief of police at the city police station. Failure to appear at the police station of the city within the seven-day period shall be deemed a waiver of the right to appear at the police station without personal appearance in court. The payment of the fine to the clerk of court in the manner provided by this section shall operate as a final disposition of such charge and such charge shall not be deemed criminal. The notice above provided shall indicate the offense charges and shall also contain such information as will enable the person charged to take advantage of the provisions of this section.

(Rev. Ords. 1987, § 18-392)

Sec. 18-393. - Designation and duty of the police clerk.#

(a)

The chief of police of the city is hereby authorized and empowered to designate a clerk to appear before the clerk of the district court having jurisdiction thereof on behalf of any person who has presented himself at the police station of the city in accordance with the terms of section 18-392 and has given to the officer in charge of the receiving desk a sum of money sufficient to cover the fine as may be designated by ordinance as the fixed penalty for the violation charge in addition to a sum necessary to reimburse the city for all charges, if any, incurred by the city in the removal and storage of such tagged vehicle, together with written authorization for the police clerk to appear before the clerk of the district court having jurisdiction thereof.

(b)

It shall be the duty of the police clerk to appear before the clerk of the district court within eight days of the notification of the violation, admit the truth of the charge and pay to the clerk of the district court having jurisdiction thereof such sum of money as will cover the fine as may be designated by ordinance as the fixed penalty for the violation charged.

(Rev. Ords. 1987, § 18-393)

Sec. 18-394. - Release of vehicle to owner.#

Before any vehicle which has been removed pursuant to this article shall be released to the owner thereof, he shall pay the towing and garage charges in an amount not to exceed $25.00.

(Rev. Ords. 1987, § 18-394)

Sec. 18-395. - Liability of police for damage to removed vehicle.#

The chief of police or any person acting under his orders shall not be personally liable for damage to any vehicle so removed under the circumstances contemplated in this article.

(Rev. Ords. 1987, § 18-395)

Sec. 18-396. - Recovery of vehicle.#

(a)

No person shall recover any vehicle removed to a public area maintained by the police department or the city in accordance with the provisions of this article, except as provided in this section. Before the owner or person in charge of such vehicle shall be allowed to recover it from the public area maintained by the police department or city, he shall present to the police department evidence of his identity and rights to possession of the vehicle and shall sign a receipt for its return in accordance with sections 18-392 and 18-393, upon which he shall receive a written order directed to the police officer in charge of the public area where the vehicle is parked to release such vehicle upon paying all charges, if any, incurred by the city in the removal and storage of such vehicle.

(b)

If the vehicle in question has been removed to a public parking area designated by the city, no storage charges shall be assessed against the owner, provided that the owner recovers the vehicle within 48 hours of the declaration by the director that the parking prohibition has terminated. If the owner or person in charge recovers the vehicle so impounded at a period greater than 48 hours after the declaration by the director that the parking prohibition has terminated, he shall pay in addition to the fine provided in this division an additional charge of $1.00 per day or any portion thereof for storage commencing with the date of the violation. If the vehicle is not recovered within the 48-hour period after the declaration by the director that the parking prohibition has terminated and the chief of police deems it best or necessary to have the vehicle removed from the public area maintained by the police department or the city to a public storage area maintained by a private individual, the owner or person in charge of such vehicle shall in addition to the payment of the fine pay to the police officer at the police station the additional charge of towing or removal from the public area maintained by the police department or the city to the public storage area operated by the private individual, plus storage charges of $1.00 per day chargeable to such vehicle. Until paid, these charges constitute a lien on the vehicle which may be enforced in the same manner as a motor vehicle lien for towing and storage.

(Rev. Ords. 1987, § 18-396)

Sec. 18-397. - Records to be kept.#

It shall be the duty of the police department to keep a record of each vehicle, tagged or removed in accordance with this section. The record shall include a description of the vehicle, its license number, the date and time of its removal, where it was removed from, its location, the name and address of its owner and last operator if known, its final disposition and the parking violation involved.

(Rev. Ords. 1987, § 18-397)

Sec. 18-398. - Failure to comply with traffic citation or tag.#

If a violator of this article does not appear in response to a tag or traffic citation affixed to such a motor vehicle in accordance with this article within a period of seven days, a complaint and summons shall be issued to the registered owner thereof as is issued for other traffic violations.

(Rev. Ords. 1987, § 18-398)

Sec. 18-399. - Evidence with respect to vehicles parked or left in violation of article.#

In any prosecution with regard to a vehicle parked or left in a place or in a condition in violation of any provision of this article, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this article together with proof that the defendant named in the complaint was at the time the registered owner thereof shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this article.

(Rev. Ords. 1987, § 18-399)

Sec. 18-400. - Procedure supplemental.#

The procedures in this article shall be supplemental to any other provisions of the law granting members of the police department authority to remove vehicles.

(Rev. Ords. 1987, § 18-400)