§ 33.18. AUTHORITY TO IMPOUND VEHICLES.  


Latest version.
  • (A) Abandoned or junk vehicles. The City Clerk or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any abandoned or junk vehicle if the vehicle is on public property. If the abandoned or junk vehicle is located on private property, the vehicle shall not be removed or impounded until the provisions of § 33.18(C) are complied with.
    (B) Unauthorized vehicles. The City Clerk, or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any unauthorized vehicle under M.S. § 169.041 as it may be amended from time to time. A vehicle may also be impounded after it has been left unattended in one of the following public or private locations for the indicated period of time:
    (1) In a public location not governed by M.S. § 169.041 as it may be amended from time to time:
    (a) On a highway and properly tagged by a peace officer, four hours;
    (b) Located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or
    (c) That is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours; or
    (2) On private property, only with the express permission of the owner of the property, a resident or other person in control of the premises:
    (a) That is single-family or duplex residential property, immediately;
    (b) That is private, nonresidential property, properly posted, immediately;
    (c) That is private, nonresidential property, not posted, 24 hours; or
    (d) That is any residential property, properly posted, immediately.
    (3) If under division (B)(2) of this section, permission is not granted, then the city shall not remove and impound any vehicle until the procedure established in division (B)(2) of this section have been followed.
    (C) If the vehicle is on private property, the City Clerk or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any abandoned or junk vehicle on private property only with the permission of the owner of the property, a resident, or other person in control of the premises. If permission is denied, the city may declare the existence of the abandoned or junk vehicle to be a nuisance and proceed to abate the nuisance as provided for in §§ 92.15 through 92.21. Once the abatement procedure has been completed, the city may apply for an order from a court of competent jurisdiction authorizing the removal and impoundment of the vehicle and, after the order has been granted, the city may then remove and impound the vehicle.