§ 18-2-710. IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES.

(a)

Exception. This section does not apply to a motor vehicle used in connection with a funeral or wedding service.

(b)

Authority. Subject to the provisions of this section, in order to provide for more effective enforcement of the traffic laws and regulations and to expedite the flow of traffic, the Chief of Police may take possession of and remove any motor vehicle parked on a boulevard or through street in the county during the hours when parking on the boulevard or through street is prohibited.

(c)

Traffic Engineer's regulation required. The Chief of Police may not take possession of and remove a motor vehicle under this section unless the Traffic Engineer has:

(1)

Adopted a regulation declaring the boulevard or through street to be subject to the provisions of this section; and

(2)

Posted prominent and suitable signs on the boulevard or through street clearly indicating to the public that vehicles illegally parked on the boulevard or street may be seized and impounded.

(d)

Contracts.

(1)

The Chief of Police may:

(i)

Seize and remove motor vehicles by means of county equipment or by contract; and

(ii)

Cause a motor vehicle that is removed to be stored either on county property or on private property by contract.

(2)

Any contract for the removal or storage of impounded motor vehicles shall be entered into in accordance with the purchasing provisions of the Code.

(e)

Charges.

(1)

To defray the cost of removing, towing, or storing a vehicle, the County Administrative Officer may adopt and amend a schedule of reasonable charges to be paid by the owner of an impounded vehicle before the vehicle may be returned to the owner.

(2)

The owner shall pay the charges imposed under this subsection in addition to any fine or other penalty imposed for the violation of any traffic law or regulation.

(f)

County may sell vehicle.

(1)

If the owner fails to retake possession of a vehicle removed or towed under this section within 30 days after it is impounded, the Chief of Police or the chief's agent may sell the vehicle in accordance with the provisions of the Code.

(2)

After payment of the costs of the sale, the Chief of Police or the chief's agent shall apply the proceeds of a sale under this section to:

(i)

First, reimbursing the county for the cost of removing, towing, and storing the vehicle; and

(ii)

Second, paying liens on the vehicle.

(3)

(i)

The Chief of Police or the chief's agent shall pay the balance of the proceeds of sale under this section, to the owner if the owner claims the balance within 6 months after the date of sale.

(ii)

If the owner fails to claim the balance within 6 months after the date of sale, the balance shall be forfeited and paid into the general fund of the county.

(1988 Code, §§ 21-101, 21-104) (Bill No. 47, § 1, 5-25-1990; Bill No. 66-01, § 2, 7-1-2004)