§ 27-330. Procedures for impounding and immobilizing motor vehicles.  


Latest version.
  • (a)

    Abandoned and inoperable abandoned motor vehicles. The City may cause abandoned motor vehicles and inoperable abandoned motor vehicles to be removed to the vehicle compound for safekeeping.

    (b)

    Unattended motor vehicles. The City may cause unattended motor vehicles to be removed by or under the direction of a law enforcement officer to the vehicle compound for safekeeping. However, unattended motor vehicles shall not be removed from private property without the owner, lessee, or occupant of the premises providing to the City both a written request that the unattended motor vehicle be removed and the owner's, lessee's, or occupant's agreement to indemnify the City against any loss or expense incurred by reason of removal, storage, or sale thereof. The City shall not cause unattended motor vehicles to be removed from private property which is normally open to the public for parking unless there is posted at such places signs warning that vehicles left on the property for more than 72 hours will be towed or removed at the vehicle owner's expense.

    (c)

    Motor vehicles with three or more unpaid parking violation notices.

    (1)

    The City may cause any motor vehicle parked on the public highways or public grounds against which there are three or more unpaid or otherwise unsettled parking violation notices to be either immobilized or removed to the vehicle compound for safekeeping. The removal or immobilization of the vehicle shall be by or under the direction of an officer or employee of the Department of Police. No such vehicle parked on private property may be removed or immobilized unless written authorization to enforce this section has been given by the owner of the property or an association of owners formed pursuant to Code of Virginia, § 55-79.1 et seq. or 55-79.39 et seq., and the City has provided written assurance to the owner of the property that he will be held harmless from all loss, damage, or expense, including costs and attorney's fees, that may be incurred as a result of the towing or otherwise of any motor vehicle pursuant to this section.

    (2)

    It shall be the duty of the law enforcement personnel removing or immobilizing the motor vehicle or under whose direction such vehicle is removed or immobilized, to inform as soon as practicable the owner of the removed or immobilized vehicle of the nature and circumstances of the prior unsettled parking violation notices for which the vehicle was removed or immobilized.

    (3)

    When a vehicle is immobilized pursuant to this section, there shall be placed on the vehicle, in a conspicuous manner, a notice warning that the vehicle has been immobilized and that any attempt to move the vehicle might damage it. For at least 24 hours from the time of immobilization, the owner of an immobilized motor vehicle, or other person acting on his behalf, shall be permitted to secure the release of the vehicle by payment of the outstanding parking violation notices for which the vehicle was immobilized and by payment of all costs incidental to the immobilization. After at least 24 hours have passed, and the owner of an immobilized vehicle or person acting on his behalf has not secured the release of the vehicle, law enforcement personnel may direct that the vehicle be removed to the vehicle compound for safekeeping.

    (d)

    Inoperable motor vehicles. In addition to the penalty prescribed in Section 27-328, the City may cause the owner or occupant of any parcel of land found to contain an inoperable motor vehicle which is not in a fully enclosed building or structure, whether or not such inoperable motor vehicle is shielded or screened from view, to be given notice that the inoperable motor vehicle constitutes a nuisance and that the City will cause the vehicle to be removed unless the vehicle is placed within a fully enclosed building or structure or removed from the property within 48 hours or within some longer time period stated in the notice. If the owner or occupant fails to comply with the notice and abate the nuisance within the specified time, the City or its agents shall cause such vehicle to be removed to the vehicle compound.

    (Code 1993, § 28-318; Code 2004, § 102-363; Ord. No. 2005-115-63, § 1, 5-9-2005; Ord. No. 2006-328-2007-10, § 1, 1-8-2007)

    State Law reference— Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property, removal of such vehicles, Code of Virginia, § 15.2-904; definitions, Code of Virginia, § 46.2-1200; removal and disposition of unattended or immobile vehicles, ordinances in counties, cities and towns, Code of Virginia, § 46.2-1213; prohibition against leaving a motor vehicle on the private property of any other person without the consent of that other person, Code of Virginia, § 46.2-1215; removal or immobilization of motor vehicles against which there are outstanding parking violations, Code of Virginia, § 46.2-1216; for vehicles abandoned in parking garages, Code of Virginia, § 46.2-1204; for vehicles abandoned on private property other than parking garages, Code of Virginia, § 46.2-1208; for vehicles left unattended on or adjacent to any roadway and constituting a traffic hazard, Code of Virginia, § 46.2-1209; for vehicles obstructing movement from driveways, etc., Code of Virginia, § 46.2-1211.

(Code 1993, § 28-318; Code 2004, § 102-363; Ord. No. 2005-115-63, § 1, 5-9-2005; Ord. No. 2006-328-2007-10, § 1, 1-8-2007)

State law reference

Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property, removal of such vehicles, Code of Virginia, § 15.2-904; definitions, Code of Virginia, § 46.2-1200; removal and disposition of unattended or immobile vehicles, ordinances in counties, cities and towns, Code of Virginia, § 46.2-1213; prohibition against leaving a motor vehicle on the private property of any other person without the consent of that other person, Code of Virginia, § 46.2-1215; removal or immobilization of motor vehicles against which there are outstanding parking violations, Code of Virginia, § 46.2-1216; for vehicles abandoned in parking garages, Code of Virginia, § 46.2-1204; for vehicles abandoned on private property other than parking garages, Code of Virginia, § 46.2-1208; for vehicles left unattended on or adjacent to any roadway and constituting a traffic hazard, Code of Virginia, § 46.2-1209; for vehicles obstructing movement from driveways, etc., Code of Virginia, § 46.2-1211.