§ 17-129. Use of streets or public property for vehicle and trailer storage prohibited.

(a)

In this section, unless the context otherwise requires:

(1)

Store means to park a vehicle for more than seventy-two (72) consecutive hours.

(2)

Vehicle means any device in, upon or by which a person or property is or may be transported or drawn, including, but not limited to, a motor vehicle, trailer or semi-trailer of a type subject to registration under title 28 of Arizona Revised Statutes, sections 28-101 et seq.; an off-road vehicle; an all-terrain vehicle; an off-road motorcycle; and watercraft of any kind.

(b)

No person shall store a vehicle upon any street, highway, road, other public thoroughfare or other public property. This subsection shall not apply to vehicles owned by the city that are parked or stored on public property.

(c)

Any police officer or other duly authorized agent who has reasonable grounds to believe that a vehicle has been stored in violation of subsection (b) may remove or cause the removal of such vehicle from any street, highway, road, public thoroughfare or other public property. Except for a vehicle stored at the airport, as defined in this Code, section 5-101, the procedures in subsection (d) shall be used prior to citation or removal pursuant to this subsection.

(d)

Except for a vehicle stored at the airport, when an officer or other duly authorized agent has reason to believe that a vehicle has been stored in violation of subsection (b), a written notice shall be placed upon the vehicle in a conspicuous place. The notice shall state:

(1)

That if the vehicle is not moved from its location within three (3) days from the date and time recorded by the officer or other duly authorized agent at the time of preparation of the notice, it will be in violation of this section.

(2)

That if the vehicle is not moved from its location within six (6) days from the date and time recorded by the officer or other duly authorized agent at the time of preparation of the notice, it will be removed from its location and impounded pursuant to this section.

(e)

Storing any vehicle in violation of subsection (b) shall constitute a presumption that the last registered owner of record is responsible for such unlawful storage and shall be subject to the provisions of this section, unless an affidavit has been filed pursuant to Arizona Revised Statutes, section 28-4844, reporting the vehicle as being stolen, or a stolen report has been accepted by a local law enforcement agency, or written notification of the transfer of title has been filed pursuant to Arizona Revised Statutes, section 28-2058; this presumption shall apply in any adjudication of the issue that may occur. The registered owner of the stored vehicle shall be responsible for the payment of any and all charges incurred in the removal and subsequent storage of the vehicle, unless it is shown that the registered owner was not the legal owner at the time of the offense, or if the registered owner proves by a preponderance of the evidence that the city lacked probable cause to remove the vehicle. The provisions of Arizona Revised Statutes, sections 28-4801 et seq., shall apply in all respects to the removal, towing, storage, transfer of title, and sale of vehicles impounded under this section.

(f)

The aviation director, as defined in this Code, section 5-101, may request the police department to remove a vehicle stored at the airport in violation of Airport Rules and Regulations for more than seventy-two (72) consecutive hours. Within forty-eight (48) hours of the removal of a vehicle under this subsection, the police department shall send written notice of removal to the registered owner of the vehicle at the owner's last known address. The notice shall be sent by certified mail, return receipt requested, and shall state the reason for removal, the location of the vehicle and how it may be recovered. It shall also include a telephone number at the police department that can be called for additional information.

(g)

Within forty-eight (48) hours after the removal of a vehicle pursuant to this section, the police department shall send written notice of removal to the registered owner of the vehicle at the owner's last known address. The notice shall be sent by certified mail, return receipt requested, and shall state the reason for removal, the location of the vehicle and how it may be recovered. It shall also include a telephone number at the police department that can be called for additional information. The notice shall also inform the registered owner of the vehicle or the registered owner's agent of the opportunity for a hearing to determine the validity of the removal. Any hearing request shall be made, in writing, to the police department within 10 business days of the date of the notice. This hearing shall be conducted within forty-eight (48) hours after a request, excluding weekends and holidays. The police department may authorize one (1) of its own officers or employees to conduct the hearing if the hearing officer is not the same person who removed or caused the removal of the vehicle. The city shall be responsible for the costs incurred for towing and storage if it is determined at the hearing that probable cause for the removal cannot be established.

(h)

A violation of subsection (b) constitutes a civil traffic offense and is subject to a civil sanction imposed pursuant to section 17-103.

(i)

Nothing in this section requires the police department, its officers or other duly authorized agents, to give written notice of towing, removal or storage of any vehicle other than as provided in this section. This section does not limit the power and authority of the police department, its officers or other duly authorized agents to take such action when they may otherwise be required or permitted to do so under the laws of the state or the city.

(Ord. No. 3643, § 2, 10-4-05; Ord. No. 4166, § 2, 9-9-14)