Sec. 37-121. - General authority; inspection of buildings, dwellings, etc. generally; right of entry of enforcement officer.

(a)

Whenever any vehicle of any kind or character shall be found on any street within the city, wrecked, abandoned, or parked in violation of any law of the state, the provisions of this chapter or other ordinance of the city or any regulations issued by the chief of police now or hereinafter enforced, or shall be seized for any violation thereof, such vehicle shall be immobilized or removed by the city's towing contractor, to an official pound; provided that unregistered vehicles or vehicles with no registration tags shall be issued a warning and shall be towed within 24 hours thereafter. Vehicles that are registered and have current registration tags shall continue to be issued a seven-day warning prior to being towed at the direction of the city's towing contractor.

(b)

The code official is hereby authorized to make inspections to determine the condition of buildings, dwellings, and premises including the land on which the same are located and including vacant lots, located within this city, in order that he may perform his duty of safeguarding the health and safety of the occupants of buildings, dwellings and land, and the general public. For the purposes of making such inspections, the code official is hereby authorized to enter, examine and survey between the hours of 8:00 a.m. and 5:00 p.m. all buildings, dwellings, lands and premises. The owner or occupant of every building, dwelling, lands and premises, or the person in charge thereof, shall give the code official free access to such building, dwelling, lands and premises during such time for the purpose of such inspection, examination and survey; provided, that such inspection, examination or survey shall not have for its purpose the undue harassment of such owner or occupant and that such inspection, examination or survey shall be made so as to cause the least amount of inconvenience to such owner or occupant consistent with the efficient performance of the duties of the code official.

(c)

Nothing in this section shall be construed to prohibit the entry of the code official: (1) At any time when an actual emergency which tends to create an immediate danger to public safety exists, or (2) at any time when such an inspection, examination or survey may be requested by such owner or occupant; provided, however, that any such requested inspection, examination or survey is otherwise authorized and, further, that nothing herein shall be construed to mean that the code official is required to perform such requested inspection, examination or survey.

(d)

For purposes of this section and the enforcement of the provisions of this Code, "code official" shall mean and include the officer or other designated authority charged with the administration and enforcement of this Code and chapter, and a duly authorized representative. Any person who opposes or impedes a code official of the city in the execution of his duty hereunder shall be deemed guilty of a violation of this chapter. In addition, if a code official of the city is denied entrance to a building, dwelling, land or premises for purposes of inspection, he may, upon a showing of probable cause, obtain a warrant for purposes of entering and inspecting the building, dwelling, land or premises.

(Code 1968, § 37-90(a); Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-062(sub 1), § 1(v), 8-13-92; Ord. No. 93-046, § 1(e), 7-8-93; Ord. No. 94-002, § 3, 2-24-94; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 98-029(sub 1), § 1, 3-19-98; Ord. No. 02-100, § 1, 10-3-02; Ord. No. 07-016(sub 1), § 1, 4-19-07)

Sec. 37-122. - Applicability—Generally.

Except as otherwise provided, the provisions of this article shall apply only to those streets on which there have been posted official "No Parking" or "No Standing," or "No Stopping" or like signs, or as to those portions of streets officially designated as bus stops, or to vehicles double-parked, or to vehicles parked in violation of regulations under section 37-223.

(Code 1968, § 37-90(b); Ord. No. 93-046, § 1(f), 7-8-93)

Sec. 37-123. - Same—Wrecked, abandoned vehicles.

(a)

This article shall apply to wrecked or abandoned vehicles wherever the same may be found and notwithstanding the provisions of section 37-124. The term "abandoned vehicles," as used in this section, shall have the following meanings:

(1)

Any vehicle which obstructs the flow of traffic on a street or highway or in alleys, or in front of, from, or in driveways; provided, however, that where the obstruction of traffic flow is in or from a private driveway into a street or highway, the police department must receive a complaint as to the alleged abandoned vehicle and have the same on file before initiating any action to tow away such offending vehicle;

(2)

Any vehicle parked in an area designated as a "No Parking" area, when the offending vehicle has been so parked for a period of 24 hours or more, or in a limited parking area for a period of 36 hours or more, or any place else on a street, highway or alley for a continuous period of at least seven consecutive days;

(3)

Any commercial vehicle and the rear portion of which is unenclosed or open, and such unenclosed portion contains trash, garbage, refuse, rubbish, or other objects, material or junk, when the offending vehicle has been parked in the same place on any street, highway or alley for a period of 24 hours or more;

(4)

Any vehicle within the provisions of section 37-234

(5)

Any vehicle towed under authority of sections 13-37 and 13-38

(6)

Any vehicle towed by the city under authority of 21 Del. C. ch. 44 (21 Del. C. § 4401 et seq.);

(7)

Any vehicle towed under authority of 21 Del. C. ch. 70 (21 Del. C. § 7001 et seq.);

(8)

Any vehicle seized by the police department pursuant to 11 Del. C. § 2309; or

(9)

Any vehicle within the provisions of section 37-223(a)(13) regarding unlawful parking of a motor vehicle in alleys.

(b)

The provisions of this section shall apply to any vehicle parked in violation of the provisions of 21 Del. C. § 4183 regarding unlawful parking in spaces reserved for vehicles of the handicapped on private land or on public property.

(Code 1968, § 37-90(b); Ord. No. 06-074(sub 1), § 2, 11-2-06)

Sec. 37-124. - Same—Signs, etc., required in certain areas.

The provisions of this article shall be operative as to "No Parking" or "No Standing," or "No Stopping" areas only when notice of the provisions of this regulation shall be given by appropriate signs or markings, advising that vehicles parked in violation of any law, provisions of this chapter, ordinance or regulation may be towed away in accordance with the provisions of this article.

(Code 1968, § 37-90(c); Ord. No. 93-046, § 1(g), 7-8-93)

Sec. 37-125. - Outstanding and overdue citations.

(a)

The department of public safety shall provide the license registration numbers of motor vehicles which have outstanding and overdue traffic citations issued to such motor vehicles for violations incurred under 21 Del. C., this chapter, any law of the state, or any ordinance of the city or other provision of this Code or regulation issued by the city government and which citations total in amount $200.00 or more in unpaid fines and/or total in number five or more traffic citations. The amount owed in unpaid fines will be calculated in conjunction with any outstanding and overdue traffic citations issued to the owner on currently or previously owned motor vehicles. If any such vehicle is found parked on the streets of the city, it shall be towed and impounded as provided in section 37-121(a) or immobilized in such manner as to prevent its operation; provided, however, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.

(b)

In any case involving immobilization of a vehicle pursuant to this section, the police officer or parking regulation enforcement officer or authorized scofflaw enforcer shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle.

(c)

Any vehicle remaining immobilized and not released for up to 36 hours or constituting a wrecked or abandoned vehicle under section 37-123 hereof, shall be towed and impounded, but only at the specific direction of the authorized towing contractor and upon the towing contractor having verified that the vehicle is to be towed by reference to the state-issued vehicle license plate and registration tags, if any, or by reference to the vehicle identification number of the vehicle to be towed, or by observation that the vehicle is in fact immobilized and not released, or that the vehicle is considered to be abandoned under section 37-123 hereof. Any such vehicle remaining immobilized and not released may be towed within less than such 36 hours if any of the following extenuating circumstances or conditions are met and the towing contractor has been so advised by the city's finance department, or by the city's authorized scofflaw enforcer(s), or by the city's police department, or by the city's office of public safety:

(1)

The same vehicle has been immobilized on one or more previous occasions and on such occasion(s) the "motor vehicle boot" was unlawfully removed;

(2)

The owner of the motor vehicle has made fraudulent use of a credit card or issued a bad check in payment of any traffic citation issued by the city;

(3)

The vehicle is parked in a tow-away zone or is otherwise parked unlawfully;

(4)

The motor vehicle owner has failed to make timely payments under any time-to-pay agreement regarding parking tickets or red light camera citations with the city or has otherwise breached any such agreement with the city;

(5)

The motor vehicle owner has failed to return a "motor vehicle boot" from a previous immobilization of any motor vehicle of that same owner; or

(6)

The owner of the motor vehicle has outstanding, overdue and unpaid citations for violations of Chapter 37 of the City Code totaling in amount more than $500.00 in motor vehicle immobilization booting fees.

Any vehicle so impounded or immobilized shall not be released to its lawful owners, any provision in this chapter to the contrary notwithstanding, until all unpaid traffic citations, including red light camera citations, issued to such vehicle have been discharged either by payment of all fines and costs assessed thereon or by action of the court having jurisdiction thereof. It shall be unlawful for any person to tow any immobilized vehicle except at the specific direction of the city towing contractor above referenced. It shall be unlawful for any person to remove an immobilization device, commonly known as a "motor vehicle boot", or having unlawfully removed such "motor vehicle boot" not to return it to the proper city officer, except as such removal may be done in accordance with the authority of the towing contractor. In any instance in which a "motor vehicle boot" has been removed other than by or at the direction of the towing contractor, there shall be a rebuttable presumption that the registered owner of the motor vehicle is responsible for the missing or stolen "motor vehicle boot". Any violation of this section constituting an unlawful towing of an immobilized vehicle, or an unlawful removal of a "motor vehicle boot", or a failure to return to the city any "motor vehicle boot" that has been removed from a motor vehicle shall be punishable upon conviction by a fine in an amount of not less than $515.00 plus court costs; in addition, any and all such unpaid traffic citations issued to the vehicle that was immobilized by the subject immobilization device shall be paid.

(d)

The owner of such impounded or immobilized motor vehicle shall redeem it only pursuant to the provisions of section 37-131. The owner of such impounded or immobilized motor vehicle shall redeem it only on payment of the sum of $100.00 for the costs of immobilizing or towing and releasing such vehicle and shall sign a receipt for such vehicle. The owner of an immobilized vehicle which was subsequently towed and impounded shall be subject to a fee of $40.00 plus an additional fee for towing and storage.

(e)

The provisions of section 37-121 relating to an owner or person in charge being willing, if present, to remove such vehicle before being towed or immobilized shall not apply to violations under this section. Once the department of public works has obtained the license registration number of any motor vehicle in accordance with this subsection, the motor vehicle may be immobilized and/or towed and impounded at any time until and unless all unpaid traffic citations issued to such motor vehicle have been discharged, as well as any other fines for any other parking violations which the vehicle owner may owe to the city, notwithstanding any intervening discharge of one or more but less than all such unpaid traffic citations by payment of fines and costs or by action of the municipal court.

(f)

The director of finance shall be authorized to enter into an agreement with the owner of any motor vehicle subject to the provisions of this subsection for scheduled regular payments of fines and costs over a period of time not to exceed three months in order to discharge all unpaid traffic citations issued to such motor vehicle. Any such agreements entered into prior to the effective date of the ordinance from which the amendments herein set forth regarding the department of transportation derive and for which payments are still due as of such date shall continue in effect and such scheduled payments shall be made to the department of finance.

(Code 1968, § 37-90(d); Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-062(sub 1), § 1(v), 8-13-92; Ord. No. 93-046, § 1(h), 7-8-93; Ord. No. 94-062, § 1, 9-29-94; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 96-031, § 1, 5-7-96; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 06-045, § 1, 8-31-06; Ord. No. 06-074(sub 1), § 1, 11-2-06; Ord. No. 09-011, § 2, 5-21-09; Ord. No. 09-033(sub 1), § 1, 6-18-09; Ord. No. 10-011, § 1, 3-4-10)

Sec. 37-126. - Towing of motor vehicles from private property; notice.

Notwithstanding any other provision of this chapter, whenever a motor vehicle is towed by any authorized motor vehicle towing company from private property at the request of any person who owns the private property upon which the motor vehicle is located, the towing company, at the earliest possible time within ten days following the date of such towing, shall notify the owner of the motor vehicle that the motor vehicle has been towed and shall advise the owner of the location and time at which the motor vehicle can be released to the owner. The provisions of this section shall not be applicable to any motor vehicle constituting an abandoned vehicle as regulated in this article.

(Code 1968, § 37-90.1)

Sec. 37-127. - Agreements for official pounds and towing services.

(a)

The police chief is hereby empowered, authorized and directed to arrange with the owners or operators of garages or parking areas for their use as an official pound in which vehicles impounded, as provided by this article, shall be stored, for which the owners or operators shall enter into an agreement with the city on the amount of fees to be received by the owner or operator for the storage of the impounded vehicles and the furnishing of a bond and insurance, the amount of each to be approved by the city solicitor, to protect the city from all claims for damages, injuries or bodily harm resulting from the impounding or storage of the vehicles.

(b)

The chief of police and the commissioner of licenses and inspection are hereby directed, authorized and empowered to arrange with the owners or operators of vehicle towing services for removing vehicles under the authority of the police department and under the authority of the department of licenses and inspection regarding abandoned vehicles to the authorized pounds with tow trucks so as to cause no damage to the vehicles being towed, for which the owners or operators shall enter into an agreement with the city on the amount of fees to be received by the owner or operator for this service and the furnishing of a bond and insurance, the amount for each to be approved by the city solicitor, to protect the city from all claims for damages or injuries resulting from the towing service.

(Code 1968, § 37-91; Ord. No. 92-053(sub 1), § 1(g), 7-2-92)

Sec. 37-128. - Procedure; notices; issuing citation without causing vehicle to be towed or immobilized; civil penalty for violation.

(a)

Police officers or parking regulation enforcement officers, authorized scofflaw enforcers, the commissioner of licenses and inspections, the deputy commissioner, and designated code enforcement officers shall be the only persons authorized to direct the immobilization and/or the removal of any vehicle under the provisions of this article or article IV of this chapter. Such police officer or parking regulation enforcement officer or scofflaw enforcer, or such commissioner, deputy commissioner, or code enforcement officer shall be present at the time of immobilization and/or removal and shall securely affix an immobilization notice form or a towing notice form in a prominent place on such vehicle, such forms to bear the license number and state of registration of the vehicle, the date, time, place and nature of the violation and the name and identifying badge number of the person directing the immobilization or the removal of the vehicle; provided, however, that any unregistered vehicle and any vehicle not bearing a valid registration tag shall be removed without the opportunity for the owner or agent for the owner to stop the towing of such vehicle. Such notice forms shall be made out in as many copies as necessary for proper administration and shall be identified by a separate number on each original form. The same number shall appear on all copies of the form. At least one copy shall be made for the offender, one copy shall be kept by the police department or the scofflaw enforcer, or the department of licenses and inspections as the case may be, one copy shall be delivered to the registered owner and the original copy shall be delivered to the department of finance.

(b)

Whenever any vehicle of any kind or character may be subject to being immobilized and/or to being towed away and/or impounded under this article or article IV of this chapter, the persons authorized to so immobilize and/or tow and/or impound such vehicle shall be authorized, in addition to all procedures authorized in this article of this chapter, to affix to such vehicle a violation citation issued pursuant to section 37-67 without actually causing the vehicle to be immobilized and/or to be towed and/or impounded.

(c)

Any owner or agent receiving a citation as provided in subsection (b) of this section shall be subject to and liable for a civil penalty in the amount established at Level 2. This penalty shall not relieve the owner or agent from liability for any penalty that may be imposed for violation of any law, provision of this chapter, or ordinance or regulations of the police department or which the vehicle may have been subject to being towed away and/or impounded and/or immobilized.

(Code 1968, § 37-92; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-062(sub 1), § 1(w), 8-13-92; Ord. No. 93-046, § 1(i), 7-8-93; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 98-029(sub 1), § 1, 3-19-98; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 6, 7-8-10)

Sec. 37-129. - Reports; notice to owner of vehicle.

(a)

The person directing the removal or immobilization of any vehicle under the provisions of this article shall as soon as possible thereafter make a report thereof to the police department and department of public works giving the registration number, year and name of state on the license plate thereof, together with the location of the point at which the vehicle has been immobilized or to which the vehicle has been removed and the reason for its removal.

(b)

The public authority causing the removal of an abandoned vehicle shall immediately ascertain the identity of any person holding a lien against such vehicle. Within five days from the removal of any vehicle, provided that the vehicle has not been released from the pound, the police or transportation departments, or both, shall notify the chief of police who shall send the owner and any lien holder of such vehicle, by registered mail, a notice that the same has been impounded, designating the place from which such vehicle was removed, the reason for its removal and impounding, and the location of the pound in which it is impounded.

(Code 1968, § 37-93; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 95-043, § 3, 7-13-95)

Sec. 37-130. - Police record of vehicles.

The police department and the department of public works shall keep records of all vehicles impounded or immobilized under the provisions of this article.

(Ord. No. 91-072(sub 1), § 5(37-94), 10-17-91; Ord. No. 95-043, § 3, 7-13-95)

Sec. 37-131. - Redemption of vehicles; civil penalties for abandoned vehicles.

(a)

Before the owner or his agent shall be permitted to have an immobilized vehicle released or to remove an impounded vehicle from any pound provided for by this article, the following steps shall be taken:

(1)

The owner shall pay by cash, money order, or certified check only to the city any fines and immobilization fees due and owing for the violations for which the vehicle was immobilized or towed, as well as any other fines for any other parking violations which the vehicle owner may owe to the city. Upon payment of these fines, the department of public works will provide a receipt. In the case of an immobilized vehicle, the department of public works shall cause the device to be removed from the vehicle and release the vehicle to the owner forthwith.

(2)

The owner shall present the department of public works receipt, as well as proof of ownership of the towed vehicle, to the records division of the police department. The owner will then be issued a release-of-vehicle form.

(3)

The owner of an impounded vehicle shall then deliver to the official pound the release-of-vehicle form, and he shall also pay to the pound operator towing and storage charges. The towing and storage charges shall not exceed the amounts agreed upon between the pound operator and the city in the current contract for towing services. A printed statement of the charges which the pound operator is permitted to charge under contract can be obtained through the department of public works or through the records division of the police department. A statement of charges shall also be prominently posted in a public area at the pound.

(b)

If such immobilization and/or towing and storage charges are paid under protest, or if the fine on the violation for which the vehicle was towed or immobilized is paid under protest, the offender shall be entitled to a hearing before the municipal court for the city. Such hearings are held, without appointment, on Friday mornings at 9:30 a.m. in the municipal court for the city. The notice placed upon the motor vehicle pursuant to section 37-125, warning that the vehicle has been immobilized and should not be moved, shall include a statement advising the motor vehicle owner or his agent of the foregoing right to pay the fines and fees under protest and to appear in the municipal court on the next Friday morning at 9:30 a.m. to present his reasons why the motor vehicle should not have been immobilized. When such fines and fees are paid under protest, at which time the motor vehicle shall be released, such fines and fees shall be held in escrow by the department of finance pending the outcome of the municipal court hearing. If the municipal court determines that the motor vehicle should not have been immobilized or that such fines and fees or any part thereof need not have been paid, the court shall so advise the department of finance which shall release such fines or fees or part thereof from the escrow account to the motor vehicle owner or his agent.

(c)

The person or party who appears as owner of any wrecked or abandoned vehicle shall, in addition to any penalties provided by any other provision of this chapter or ordinance or regulation, be subject to and liable for a civil penalty at Level 6.

(Code 1968, § 37-95; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-062(sub 1), § 1(x), 8-13-92; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 95-043, § 3, 7-13-95; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 7, 7-8-10)

Sec. 37-132. - Towing of unauthorized motor vehicles from handicapped parking spaces and other restricted areas.

(a)

If any unauthorized vehicle is found parked on a city street in a handicapped parking space or any other restricted area, described herein, it shall be towed and impounded as provided in section 37-121(a) or immobilized in such manner as to prevent its operation; provided, however, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicles unless it is moved while such device or mechanism is in place.

(b)

In any case involving immobilization of a vehicle pursuant to this section, the police officer or parking regulations enforcement officer shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle.

(c)

Any vehicle remaining immobilized and not released for 24 hours shall be towed and impounded, but only at the specific direction of authorized police officers or parking regulation enforcement officers. Any vehicle so impounded or immobilized shall not be released to its lawful owner, any provision in this chapter to the contrary notwithstanding, until all unpaid traffic citations issued to such vehicle have been discharged either by payment of all civil penalties or costs assessed thereon or by action of the court. It shall be unlawful for any person to tow any immobilized vehicle except at the specific direction of the above-referenced city officials. It shall be unlawful for any person to remove an immobilization device, commonly known as a "motor vehicle boot," for having unlawfully removed such "motor vehicle boot" not to return it to the proper city parking regulation enforcement officer. In any instance in which a "motor vehicle boot" has been removed other than by or at the direction of the above referenced city officers, there shall be a rebuttable presumption that the registered owner of the motor vehicle is responsible for the missing or stolen "motor vehicle boot." Any violation of this section constituting an unlawful towing of an immobilized vehicle, or an unlawful removal of a "motor vehicle boot," or a failure to return to the city any "motor vehicle boot" that has been removed from a motor vehicle shall be punishable by a civil penalty in the amount of not less than that established at Level 22 plus court costs; in addition, any and all unpaid traffic citations issued to the vehicle that was immobilized by the subject immobilization device shall be paid.

(d)

The owner of such impounded or immobilized motor vehicle shall redeem it only pursuant to the provisions of section 37-131. The owner of such impounded or immobilized motor vehicle shall redeem it only on payment of the sum of $50.00 for the costs of immobilizing or towing and releasing such vehicle and shall sign a receipt for such vehicle. The owner of an immobilized vehicle which was subsequently towed and impounded shall be subject to a fee of $50.00 plus an additional fee for towing and storage.

(e)

The provisions of this section shall apply to any such unauthorized vehicle that is found parked in any designated handicapped parking space or area, parked in any restricted space or area designated for city officials, or any restricted space or area designated as a "loading area" for any federal, state, county or city office building.

(f)

The chief of police and the director of finance are hereby directed, authorized and empowered to arrange with the owners and operators of vehicle towing services for removing vehicles under the authority of the police department and under the authority of the department of finance regarding vehicles parked in the above-mentioned unauthorized area or spot, to the authorized pounds with tow trucks so as to cause no damage to the vehicles being towed, for which the owners or operators shall enter into an agreement with the city on the amount of fees to be received by the owner or operator for this service and the furnishing of a bond and insurance, the amount for each to be approved by the city solicitor, to protect the city from all claims for damages or injuries resulting from the towing service.

(g)

The police chief is hereby empowered, authorized and directed to arrange with the owners and operators of garages or parking areas for their use as an official pound in which vehicles impounded, as provided by this article, shall be stored, for which the owners or operators shall enter into an agreement with the city on the amount of fees to be received by the owner or operator for the storage of the impounded vehicles and the furnishing of a bond and insurance, the amount of each to be approved by the city solicitor, to protect the city from all claims for damages, injuries or bodily harm resulting from the impounding or storage of the vehicles.

(Ord. No. 01-048, § 1, 6-7-01; Ord. No. 09-011, § 1(Exh. A), 5-21-09; Ord. No. 10-048, § 8, 7-8-10)

Secs. 37-133—37-155. - Reserved.