Snow Removal Ordinance 2016-11

Sec. 22-46. - Removal of vehicles interfering with snow and ice removal.
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(a)

Authority to remove vehicle. A vehicle parked in violation of section 22-44 and/or section 22-45 may be removed, or caused to be removed, by the manager. Removal and storage of any vehicle under the provisions of this article will not prevent or preclude the city from pursuing any and all rights and remedies available to the city under applicable law.

(b)

Towing of vehicles and storage at owner's expense. The manager may remove, or cause to be removed, any vehicle parked in violation of this article to a location where the vehicle may be lawfully parked or to a privately owned tow yard. The manager will maintain a record of all vehicles removed including, without limitation:

(1)

The date and time of removal;

(2)

The location where the vehicle was removed;

(3)

The place of storage; and

(4)

The name of towing service and/or company.

The costs and expense of removal and storage, including, without limitation, staff time, will be assessed to and paid by the owner of the vehicle.

(c)

Notice of removal. Within 24 hours of the removal of a vehicle pursuant to this article, the manager will make reasonable efforts to notify the owner of vehicle removed, and inform the owner of the location where the owner may retake possession of the vehicle. For the purposes of this subsection, a telephone call to, or personal contact with, the owner of such vehicles will be deemed reasonable notification.

(d)

Requisites to retake possession. Before the owner of any vehicle removed and/or stored pursuant to this article will be permitted to retake possession of such vehicle, the owner will perform the following:

(1)

Furnish satisfactory evidence to the manager and/or to the person in charge of the tow yard of the owner's identity and ownership of the vehicle;

(2)

Pay all charges and expenses for towing, removing, and/or storing such vehicle; and

(3)

Sign a written statement acknowledging delivery of such vehicle.

Any charges made or incurred under this provision will not be construed to be a fine, penalty, or forfeiture.

(e)

Damage to vehicle. The city will not be liable for any damage to vehicles parked in violation of this article, or for any damaged caused during or by the removal and storage of any vehicle parked in violation of this article.

(Ord. No. 2016-11, § 7, 11-16-2016)

Sec. 22-47. - Penalties.
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Any violation of this article is punishable by a fine not to exceed $500.00 per violation. The city will be entitled to collect from any person violating this article city's attorney fees and other fees, costs, and expenses incurred by the city to enforce this article. Each violation, and each day that a violation continues, constitutes a separate civil infraction. The remedies available under this article are not exclusive of any other remedies available under any applicable federal state, and/or local laws, regulations, and/or ordinances. It is within the city's discretion to seek cumulative remedies for a violation of this article. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section.

(Ord. No. 2016-11, § 8, 11-16-2016)