Chapter 10.25
IMPOUNDMENT OF VEHICLES
Sections:
10.25.010 Impounding vehicles.
10.25.010 Impounding vehicles.
The police department may take in charge, remove and keep in its custody under the direction of the chief of police or cause to be towed to and stored in a public storage facility vehicles in the following circumstances:
A. When any unoccupied vehicle of any kind or description is found violating any town ordinances, this code or the laws of the state regulating the standing or parking of vehicles.
B. When a vehicle is left unattended upon any bridge, viaduct or crossway, or in any tube or tunnel, where the vehicle constitutes an obstruction of traffic.
C. When a vehicle upon a highway or street is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
D. When the vehicle is left unattended upon a street or alley and is parked illegally or constitutes a hazard or obstruction to the normal movement of traffic.
E. When the vehicle is left unattended upon a public street, highway or other public thoroughfare for a period in excess of 48 hours.
F. When otherwise authorized pursuant to state or federal law. [Ord. 2018-134 § 2; Ord. 2014-090 § 9; prior code § 12-5-1.]
10.25.020 Notice of removal.
A. Whenever an officer removes a vehicle from the street and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the officer shall immediately give or cause to be given notice telephonically, in person or in writing to such owner of the fact of such removal and the reasons therefor, and of the place to which such vehicle has been removed.
B. Whenever an officer removes a vehicle from the street and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as provided in subsection A of this section, and the vehicle is not claimed by the owner within a period of three days, the officer shall send or cause to be sent a written report of the removal by mail to the Motor Vehicle Division of the State Department of Transportation and shall file a copy of the notice with the proprietor of the public garage in which the vehicle is stored, in accordance with the police department’s rules and regulations. The notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. [Ord. 2018-134 § 2; prior code § 12-5-2.]
10.25.030 Release of vehicle.
A. Unless the vehicle is being held as evidence in a pending criminal case, or as otherwise authorized pursuant to state or federal law, the police department shall allow the return to the owner of said impounded vehicle when the owner has furnished evidence of his or her identity and ownership and signed a receipt. The owner shall be required to pay any towing and storage fees which have accrued. In the event that the vehicle is stored on town property, the storage fee payable to the town shall be as set forth in Chapter 3.10 STC. Payment of any towing and storage fees shall not release the owner or driver of such vehicle of any other penalty which may be imposed for any violation of town ordinances, this code, state or federal laws.
B. In the event that a vehicle is being held as evidence in a pending criminal case, at the final conclusion of that criminal case (together with the conclusion of all available appeals) the vehicle shall be returned to the owner of said vehicle, subject to the payment of all towing and storage fees as set forth in subsection A of this section.
C. If an impounded vehicle is not redeemed by its owner or agent within 30 days after it is subject to be released, it shall be sold for such charges and costs as set forth in subsection A of this section, in the manner provided by ARS 28-3513 et seq. This remedy is cumulative of all other penalties provided by this chapter. [Ord. 2018-134 § 2; Ord. 2014-090 § 9; Ord. 2008-07 § 15; prior code § 12-5-3.]