§ 35-196. Impoundment, etc., authorized.

(a)

Whenever any police officer finds a vehicle in violation of any of the provisions of section 35-475, the officer may move such vehicle or require the driver or other person in charge of the vehicle to move the same to a position off the roadway.

(b)

Any police officer may remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway or in any tunnel in such position or under such circumstances as to obstruct the normal movement of traffic.

(c)

Any police officer may remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:

(1)

A report has been made that such vehicle has been stolen or taken without the consent of its owner.

(2)

The person in charge of such vehicle is unable to provide for its custody or removal.

(3)

The motor vehicle is found parked within any sidewalk area or on or over any curb or on or over any parkway or on any surface between the curb and the sidewalk and property line.

(4)

The motor vehicle displays license plates reported stolen.

(5)

Removal of such vehicle is necessary in the interest of the public safety because of fire, flood, storm, or other emergency reason.

(6)

The motor vehicle is parked on an emergency snow route in violation of section 35-648.

(7)

The motor vehicle is parked illegally in violation of temporary no parking signs posted by the traffic engineer for construction purposes or other public improvement and the engineering department requests the removal of the motor vehicle, provided the area or street has been posted by the traffic engineer as a tow-away zone.

(8)

The police officer has probable cause to believe the motor vehicle contains contraband or evidence which might be lost if the motor vehicle is not impounded.

(9)

The police officer has probable cause to believe the vehicle has been used in the commission of a crime and that its retention as evidence is necessary.

(10)

The motor vehicle does not display valid license plates and is driven or parked on a street, highway, alley, or other unified government property. No car will be towed because the license plate has expired until 45 days after the expiration date for the license plate.

(11)

The motor vehicle has been abandoned and left on a street, highway, alley, or other unified government property in excess of 48 hours, but only after 48 hours' notice of the intent to tow the vehicle is placed upon the vehicle, stating the intent to tow the same after 48 hours, if not removed. This subsection does not prevent immediate towing of vehicles in the situations described in subsections (b) and (c)(1)—(c)(10) of this section.

(Code 1964, § 36-154(1)—(3); Code 1988, § 35-151; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 55191, § 6, 8-3-1976; Ord. No. 63655, § 1, 1-12-1981; Ord. No. 63953, § 4, 7-1-1982; Ord. No. 64942, § 1, 12-19-1985)