Chapter 10.32
SNOW REMOVAL REGULATIONS – TOWING OF PARKED VEHICLES
Sections:
10.32.020 Parking prohibition – Civil infraction – Towing.
10.32.030 Parked vehicles – Removal by code enforcement officer authorized – Procedure required.
10.32.040 Recovery of towed vehicle.
10.32.050 Chapter supplemental.
10.32.060 Indemnification of tow truck operator.
10.32.010 Definitions.
A. “Code enforcement officer” shall mean the code enforcement officer of the city, or his or her designee.
B. “Park” or “parked” shall mean to set and leave, unattended, a vehicle on a public right-of-way. This definition includes any unattended stalled motor vehicle, or any unattended motor vehicle mired in snow, or any unattended motor vehicle unable to be moved because of sleet or ice.
C. “Public right-of-way” shall mean the entire width between the private property lines on either side of any street, road, avenue, highway, or other public vehicular traveled way located within the city.
D. “Tow truck operator” shall mean any properly registered person or entity who engages in the impounding, transporting, or storage of unauthorized vehicles, or the disposal of abandoned vehicles.
E. “Vehicle” shall mean and include motor vehicles, trailers, and any other device with wheels. (Ord. 869 § 1, 2008)
10.32.020 Parking prohibition – Civil infraction – Towing.
A. Each time two or more inches of snow accumulates in a 24-hour period upon a public right-of-way, and so long as that snow remains uncleared, no vehicle shall be parked upon such public right-of-way.
B. Any person who violates this section shall be guilty of a civil infraction. When any vehicle is parked in violation of this section, the code enforcement officer shall issue and leave a citation on the windshield of the vehicle, or in some other obvious location, for the owner or operator. The citation shall inform the owner or operator of the vehicle that:
1. The vehicle is impeding snow removal efforts and must be moved off of the public right-of-way;
2. If the vehicle is moved from the public right-of-way within 24 hours, the applicable monetary penalty is $15.00; and
3. If the vehicle is not moved from the public right-of-way within 24 hours, an additional civil infraction citation with a monetary penalty in the amount of $150.00 will be issued and the vehicle will be towed and stored at the owner’s or operator’s sole cost and expense. (Ord. 869 § 1, 2008)
10.32.030 Parked vehicles – Removal by code enforcement officer authorized – Procedure required.
A. The code enforcement officer is hereby authorized to remove or cause to be removed any vehicle that interferes with snow removal from any public right-of-way to the nearest parking area maintained by a tow truck operator, or to a city-owned property selected by the code enforcement officer, when the vehicle remains parked in a public right-of-way 24 hours following the issuance of a $15.00 penalty civil infraction parking citation pursuant to DPMC 10.32.020(B).
B. Whenever the code enforcement officer removes or has caused to be removed a vehicle from a right-of-way, as authorized in this section, and he or she knows or is able to ascertain from the registration records for the vehicle the name and address of the owner thereof, the code enforcement officer shall, as soon as reasonably practical, give or cause to be given notice orally and/or in writing to such owner of:
1. The fact of the vehicle’s removal;
2. The reasons for its removal;
3. The place to where such vehicle has been removed; and
4. That release of the vehicle will require payment of towing and storage charges incurred.
In the event any such vehicle is towed by or stored with a private individual or business entity, a copy of such notice shall be given to such private individual or business entity. (Ord. 869 § 1, 2008)
10.32.040 Recovery of towed vehicle.
No person shall recover any vehicle removed in accordance with this chapter except as provided herein. Before the owner or operator of a vehicle shall be allowed to recover the vehicle from the place where it has been stored or impounded, he or she shall:
A. Present to the owner of the facility evidence of his or her identity and right to possession of the vehicle;
B. Sign a receipt for the vehicle’s return;
C. Pay the cost of removal; and
D. Pay any cost of storage accrued for each day or portion thereof during which time the vehicle was stored. (Ord. 869 § 1, 2008)
10.32.050 Chapter supplemental.
This chapter shall be supplemental and in addition to any other parking provisions applicable in the city and any other applicable legal provisions granting authority to remove vehicles from the public right-of-way. (Ord. 869 § 1, 2008)
10.32.060 Indemnification of tow truck operator.
To the fullest extent permitted by applicable law, the city specifically and expressly agrees to indemnify, defend, and hold harmless any tow truck operator from and against all suits, actions, proceedings, claims, demands, judgments, damages, penalties, fines, and expenses arising from towing and/or storing an unauthorized parked vehicle towed pursuant to the request and instruction of the code enforcement officer. (Ord. 869 § 1, 2008)