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ORDINANCE # 232
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA:
Section 1. Definitions. As used in this ordinance, the
term "vehicle" shall include an automobile, a motor bus, truck,
wagon, tractor, farm machinery or farm impletments on wheels, and
any other conveyance, implement or vehicle on wheels, and as well
a substantial portion of any of them, whether or not the wheels
have been removed.
Section 2. Traffic. Any unoccupied vehicle parked or
left upon a public street,'avenue, public park or alley in the city
or within the police jurisdiction of the city, at a place, in a
manner or for a length of time prohibited by any ordinance of the
city or in a manner so as to hinder or obstruct traffic or to
endanger users of any such public street, avenue, public parks or
alley is hereby declared to be an obstruction to traffic and a
public nuisance, and any police officer of the city or the city
superintendent of streets is hereby authorized to remove such
vehicle or to cause the same to be removed and impounded at police
headquarters or in a depository provided by the city for such
purpose or at such place as the officer shall deem safe if the same
cannot conveniently be impounded at the police headquarters or a place
provided therefor by the city. Such removal may be done by driving
the vehicle under its own power, or by hauling it by wrecker
or otherwise.
Section 3. Abandonment. Whenever any police officer or the
Superintendent of streets of the city shall find upon any public
street, avenue or alley within the police jurisdiction of the
city, any vehicle which he has reasonable cause to believe to be
lost, stolen or abandoned, or any vehicle which is, or is likely
to become an obstruction to traffic, or to be without proper pro-
tection by reason df the person in charge or control thereof having
been arrested and incarcerated, or any vehicle which has remained
parked on any public street, avenue, public parks or alley
continuously for a longer time than 24 hours, such officer shall
have authority immediately to remove such vehicle or cause the
same to be removed to, and impounded at police headquarters or
in a depository provided by the city for such purposes, or at
such place as the officer shall deem safe if the same cannot con-
veniently be impounded at the police headquarters or a place
provided therefor by the city.
Section 4. Recovery of costs. The City shall have a lien
upon each impounded vehicle for the amount of the cost of
removing and impounding such vehicle, plus such reasonable amount
as maybe charged for storing such vehicle if caused to be removed
by a person other that the Alice or city superintendent of streets,
and impounded at a place other than police headquarters or a deposi-
tory provided therefor by the city. In the event such vehicle is
moved by the police or superintendent of streets with the city
equipment, or under its own power, the charge for moving it shall
be $1.25. In the event such vehicle is stored at police head-
quarters or at a depository provided by the city therefor, the
storage charge shall be fifty cents per day. All such charges
are hereby declared to be reasonable and proper charges to cover
the cost of removal and storage. No vehicle impounded as provided
in this ordinance shall be released to any claimant without the
payment of the charges provided in this section, unless the mayor
is reasonable satisfied that such vehicle was improperly impounded.
If any such vehicle shall not be claimed and such charges paid
tithin 30 days, the city may be appropriate action recover the
costs.
V`
Cumulatibe. The payment of any charges prescribed by this
section shall not have the effect of relieving the owner or
operator of the vehicle or the person parking, leaving or abandon-
ing the same from any penalty prescribed by any other ordinance of
the city, or from trial and conviction for the violation of any
ordinance.
Adopted and approved this the 26th day of July, 1954.
U1
E. B. Overton, —Mayor
Attest:
Marie Moore, Cit Clerk