§ 22-456. Authority to impound vehicles.

(a)

Members of the police department are hereby authorized to remove a vehicle from a street, highway or public parking lot to the nearest garage or other place of safety, or to a garage designated or maintained by the municipality, under the circumstances enumerated in this section.

(1)

When any vehicle is left unattended upon any bridge, viaduct or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic.

(2)

When a vehicle upon a street or highway is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are, by reason of physical injury, incapacitated to such an extent as to be unable to provide for its custody or removal.

(3)

When any vehicle is left unattended upon a street or highway and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

(4)

When any vehicle is parked illegally in a parking meter zone for an interval of more than six hours.

(5)

When removal and/or impoundment of such vehicle is permitted by Montana statute.

(b)

Whenever an officer removes a vehicle from a street or other locality as authorized in this section and the officer knows, or is able to ascertain from the registration records in the vehicle, the name and address of the owner thereof, the officer shall, within a reasonable time, make every reasonable effort to ascertain the identity of and to locate the owner of the vehicle and to give or cause to be given notice in writing to the owner of the fact of such removal and the reasons therefor and of the place where said vehicle is stored in a public garage. A copy of such notice shall be given to the proprietor of such garage.

(c)

Whenever any officer removes a vehicle from a street or other locality under authority of this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as required in this section, and in the event the vehicle is not returned to the owner within a period of three days, then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the state department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and name of the garage or place where the vehicle is stored.

(d)

Before the person entitled to possession of any vehicle removed and impounded as provided in this section shall be permitted to remove the same from the custody of the municipality, such person shall furnish evidence of personal identity and of ownership of the vehicle or right of possession thereto, shall sign a receipt for the vehicle, and shall pay any towing charges incurred by the municipality together with impound storage fees of $10.00 for each day, or fraction of a day, that the vehicle was impounded.

(e)

The payment of such fees and charges as provided in this section shall not operate to relieve the owner or operator of such vehicle from liability of any fine or penalty for the violation of any law or ordinance on account of which such vehicle was removed and impounded.

(f)

Any vehicle left or parked on any street within the city limits for five consecutive days or longer shall be considered abandoned and shall be subject to removal, impoundment and sale by the police department as provided by Montana statute.

(Code 1981, § 10.26.050; Ord. No. 1130, §§ 1—3, 5-12-01*)

State law reference

Removal and sale of abandoned vehicles, MCA 61-12-401 et seq.

Cross reference

Removal of illegally stopped vehicles, § 22-177.