ARTICLE III. STOPPING, STANDING
AND PARKING
Sec. 15-46.
Removal, storage and sale of certain unattended vehicles.
(a) Any motor vehicle, trailer or
semitrailer, or parts thereof, may be removed by or under the direction of the sheriff for
safekeeping to a storage area if:
(1) It is left unattended on a
public highway or other public property and constitutes a traffic hazard;
(2) It is illegally parked;
(3) It is left unattended for more
than ten (10) days either on public property or on private property without the permission
of the property owner, lessee or occupant; or
(4) It is left immobilized on a
public roadway by weather conditions or other emergency situations.
(b) This section shall not
authorize removal of motor vehicles, trailers, semitrailers or parts thereof from private
property without the written request of the owner, lessee or occupant of the premises. The
person at whose request a motor vehicle, trailer, semitrailer or part of a motor vehicle,
trailer or semitrailer is removed from private property shall indemnify the county against
any loss or expense incurred by reason of removal, storage or sale thereof.
(c) As promptly as possible, each
removal shall be reported by the sheriff to the county administrator and to the owner of
the motor vehicle, trailer or semitrailer.
(d) Before obtaining possession of
the motor vehicle, trailer, semitrailer or part thereof, the owner shall pay to the
parties entitled thereto all costs incidental to its removal and storage and locating the
owner. If the owner fails or refuses to pay the cost or if his identity or whereabouts is
unknown and unascertainable after a diligent search has been made, and after notice to him
at his last known address and to the holder of any lien of record with the office of the
department of motor vehicles against the motor vehicle, trailer, semitrailer or part of a
motor vehicle, trailer, semitrailer, the vehicle shall be treated as an abandoned vehicle
under the provisions of article II, section 15.51, of this chapter.
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