(A) Definition. For the purposes of this section, certain terms or words used herein shall be given the following meanings:
(1) VEHICLE. Any device in, upon, or by which a person or property is, or may be, transported or drawn upon a street or highway as defined in I.C. 9-13-2-196.
(2) WHEEL LOCK DEVICE. Any device which shall be placed on a wheel of a vehicle to immobilize the vehicle.
(B) Overdue parking fines. The Council declares that in the event the owner or operator of a vehicle owes overdue parking fines of $100 or more which remain unpaid, in addition to any other penalties or fines permitted by law, the Police Department or any other person or firm that the city may appoint or hire, may immobilize the vehicle by use of a wheel lock device.
(C) Removal of wheel lock. Once a vehicle has been immobilized by the use of the wheel lock device, the owner or operator of the vehicle can have the wheel lock removed by paying to the Police Department a $75 service fee for removal of the wheel lock device in addition to all fines imposed on all overdue parking violations and/or violations of any other traffic laws of the state or ordinances of the city.
(D) Impoundment. If, after the wheel lock device has been attached to the vehicle, the owner or operator fails to pay all amounts due in division (C) above within a 24-hour period (excluding weekends and holidays), the Police Department may have the vehicle impounded until such time as the owner or operator has paid the service fee plus all fines imposed on all overdue parking violations and/or violations of any other traffic laws of the state or ordinances of the city. The owner or operator of a vehicle that has been impounded is liable for all charges for towing and storage of the vehicle.
(E) Liability for costs. The owner or operator of a vehicle found to be in violation of this section shall be solely responsible and liable for all costs incidental to the immobilization of the vehicle and its removal, storage and disposal.
(F) City not liable for loss or damage. The city, its police officers, agents, representatives and employees shall not be liable for the loss or damage to any vehicle occurring during the installation or removal of the wheel lock device and/or the removal, storage or disposition of said vehicle pursuant to this section.
(Ord. 40-2008, passed 11-10-08)
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