Ordinance 364-75 - Laserfiche WebLink

r 1 • • • ORDINANCE NO. 6,4/.- 7J" AN ORDINANCE relating to the Police Depart- ment' s authorization to remove and impound vehi- cles and amending Section 174 of Ordinance No. 123-71 (E.M.C. 46. 52 . 107) . WHEREAS, the City Council finds that any vehicle parked in any parking space beyond the time established for the parking zone or the time authorized by a use of a parking meter obstructs the free use of such parking space by the general public for such limited parking purpose and thus constitutes a public nuisance. NOW THEREFORE THE CITY OF EVERETT DOES ORDAIN: Section 1: That Section 174 of Ordinance No. 123-71 E.M.C. 46. 52 . 107) is hereby amended to read as follows : A. The police department is authorized to remove and im- pound vehicles without prior notice from any public street, alley or other public place, or from private property in any of the following circumstances : (1) Any vehicle parked in such a position that it consti- tutes an obstruction to traffic or is unlawfully parked in any prohibited or restricted area, or is parked or so used as to endanger or likely endanger any user or potential user of any public highway is declared to be a public nuisance . Such nuisance may be summarily abated by removing the vehicle by or under the direction of a police officer by means of tow- ing or otherwise; (2) In the event that an operator of a vehicle is arrested and placed in custody and is not in condition to drive the vehicle to a place of safety and there is no other person present who may properly act as agent for such operator to drive the vehicle to a place of safety, or the operator of a vehicle is incapacitated as the result of an accident and is unable to care for his property, and there is no other person present who may properly act as agent for such operator in the care of his vehicle, any officer at the scene of such arrest or accident is authorized to provide for the removal of such vehicle to a place of safety; (3) When any 'abandoned vehicle ' or 'abandoned automobile hulk' as defined in Sections 46 . 04 . 013 and 46 . 04 . 027 is found on public or private property; (4) When a police officer has probable cause to believe that the vehicle is stolen; or, when a police officer has probable cause to believe that the vehicle constitutes evi- dence of a crime or contains evidence of a crime, if impound- ment is reasonably necessary in such instance to preserve or obtain such evidence. Nothing in this section shall be con- strued to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required.