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04/08/2014 Ordinances 9483 Ordinance No. 9483 was approved on first reading only by the City Council at their April 8, 2014 Council meeting. ORDINANCE NO. 9483 An ordinance to amend Chapter 22 of Grand Island City Code; to amend Section 22-102; Section 22-104; and Section 22-106; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 22-102; Section 22-104; and Section 22-106; of the Grand Island City Code is hereby amended to read as follows: §22-102. Official Police Ticket to Be Issued Each violator of the parking provisions of this article or Article XII in this chapter shall be given notice in the form of an official police ticket attached to the offending motor vehicle, which notice shall require such violator to appear at the police department. §22-104. Appearance In Response to Police Ticket Persons receiving police tickets for violations of this article or Article XII of this chapter shall have five(5) days from the date on which the official ticket was attached to the offending motor vehicle to report in person to the Police Department with said official police ticket and pay the amounts set out in §22-103, or to mail the official police ticket and full payment as set out in §22-103 to the Police Department. Further, said persons shall also be in violation of the provisions of this Code and subject to the penalties provided herein. §22-106. Impounding of Vehicles Generally (1) Whenever any vehicle is found by an employee authorized by the Police Department to: (A) Be parked, abandoned, or left standing in the streets or alleys of the City in violation of the provisions of this chapter; or (B) Have five (5) or more unpaid overdue parking tickets; or (C)Be a danger to the public, health, welfare and or safety, such Police Department employee may remove and convey such vehicle, or cause such vehicle to be removed and conveyed by means of towing or otherwise, to the automobile pound. A report documenting the reason for and the towing of the vehicle shall be completed by the Police Department employee and placed in a designated location for such reports. No impounded vehicle shall be released or removed from impoundment prior to the public sale provided for in §22-108 except by payment by the owner, operator, or driver of such impounded vehicle, of all unpaid overdue parking tickets, an impounding fee as set forth in the User Fee Schedule Approved as to Form • +Y April 9,2014 ❑ City Mrney ORDINANCE NO. 9483 (Cont.) approved and adopted by the City Council, and any towing and storage charge assessed against such automobile as provided for in §22-107. Further, no impounded vehicle shall be released from impoundment without: (A) The person claiming the vehicle, or another person accompanying them, presenting for inspection a valid driver's license; and (B) The vehicle being properly registered and insured for operation upon the roadway in accordance with State Statute. In the event that conditions (A) and (B) above cannot be met, the vehicle may be released to a towing service only after the owner arranges for the vehicle to be towed from the impoundment facility by the towing service and is not operated on the roadway. (2) When, and if, the owner, operator, or custodian of such automobile presents himself/herself at the Police Department, it shall be the duty of the Police Department to inform such person of the nature of the violation for which such vehicle was impounded. In case the owner, driver, or custodian of any impounded vehicle executes an affidavit denying the facts upon which the impoundment has been based, and protesting the payment of such impounding, towing, and storage fees, the receipt for the same shall be marked, "Paid Under Protest," and in such case it shall become the duty of the chief of police to make complaint in conformity with the provisions of this Code, or other ordinances of the City. If such person is found not guilty by the court upon such charges, it shall be the duty of the chief of police to refund to such person the fees so paid under protest. (3)Neither the owner, lessee, nor occupant of the premises from which any abandoned vehicle shall be removed, nor the City of Grand Island shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the City or its contractual agent, or as a result of any subsequent disposition. (4) It shall be the duty of the chief of police, or their designee, to account for any fees collected by the Police Department under the provisions of this section to the city treasurer, who shall place the same in the police fund. The chief of police, or their designee, shall keep a record of each impounded vehicle containing the name of the owner, the registration plate numbers (if any), the make, model and year of the vehicle, the nature of each violation involved and the ultimate disposition of each impounded vehicle. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. - 2 - ORDINANCE NO. 9483 (Cont.) Enacted: April 8, 2014. Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk - 3 -