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i 90 THE SUPERINTENDENT. (B) FAILURE TO USE SUCH SAFETY BELTS OR HARNESSES AFTER INSTALLATION SHALL NOT BE DEEMED TO BE NEGLIGENCE. SECTION 35. CHAPTER 18 IS HEREBY AMENDED BY ADDING TO ARTICLE I THEREOF THE FOLLOWING SECTION NUMBERED 18-19.2: SECTION 18-19.2. (A) WHENEVER ANY MOTOR VEHICLE, TRAILER OR SEMITRAILER IS FOUND ON THE PUBLIC STREETS OR PUBLIC GROUNDS UNATTENDED BY THE OWNER OR OPERATOR AND CONSTITUTES A HAZARD TO TRAFFIC OR IS PARKED IN SUCH MANNER AS TO BE IN VIOLATION OF LAW OR WHENEVER ANY MOTOR VEHICLE, TRAILER OR SEMI- TRAILER IS ABANDONED ON ANY PUBLIC STREET OR PUBLIC GROUNDS, ANY SUCH MOTOR VEHICLE, TRAILER OR SEMI- TRAILER MAY BE REMOVED FOR SAFEKEEPING BY OR UNDER THE DIRECTION OF A POLICE OFFICER TO A STORAGE GARAGE OR AREA. EACH REMOVAL SHALL BE REPORTED IMMEDIATELY TO THE CHIEF OF POLICE, WHO SHALL GIVE NOTICE TO THE OWNER OF THE MOTOR VEHICLE, TRAILER OR SEMITRAILER AS PROMPTLY AS POSSIBLE. THE OWNER, BEFORE OBTAINING POSSESSION OF THE MOTOR VEHICLE, TRAILER OR SEMITRAILER SHALL PAY TO THE CITY ALL REASONABLE COSTS INCIDENTAL TO THE REMOVAL, STORAGE AND LOCATING THE OWNER OF THE MOTOR VEHICLE, TRAILER OR SEMITRAILER. SHOULD THE OWNER FAIL OR REFUSE TO PAY THE COSTS OR SHOULD THE IDENTITY OR WHEREABOUTS OF THE OWNER BE UNKNOWN AND UNASCERTAINABLE AFTER A DILIGENT SEARCH HAS BEEN MADE, AND AFTER NOTICE TO THE OWNER AT HIS LAST KNOWN ADDRESS AND TO THE HOLDER OF ANY LIEN OF RECORD IN THE OFFICE OF THE DIVISION OF MOTOR VEHICLES AGAINST THE MOTOR VEHICLE, TRAILER OR SEMITRAILER, THE CHIEF OF POLICE MAY, AFTER HOLDING THE MOTOR VEHICLE, TRAILER OR SEMITRAILER NINETY DAYS AND AFTER DUE NOTICE OF SALE DISPOSE OF THE SAME AT PUBLIC SALE AND THE PROCEEDS FROM THE SALE SHALL BE FORWARDED BY THE CHIEF OF POLICE TO THE CITY TREASURER. (B) THE CITY TREASURER SHALL PAY FROM THE PROCEEDS OF SALE THE COST OF REMOVAL, STORAGE, INVESTIGATION AS TO OWNERSHIP AND LIENS AND NOTICE OF SALE, AND THE BALANCE OF SUCH FUNDS SHALL BE HELD BY HIM FOR THE OWNER AND PAID TO THE OWNER UPON SATISFACTORY PROOF OF OWNERSHIP. (C) IF NO CLAIM HAS BEEN MADE BY THE OWNER FOR THE PROCEEDS OF SUCH SALE, AFTER THE PAYMENT OF THE ABOVE-MENTIONED COSTS, THE FUNDS MAY BE DEPOSITED TO THE GENERAL FUND OR ANY SPECIAL FUND OF THE CITY. ANY SUCH OWNER SHALL BE ENTITLED TO APPLY TO THE CITY WITHIN THREE YEARS FROM THE DATE OF SUCH SALE, AND IF TIMELY APPLICATION IS MADE THEREFOR, THE CITY SHALL PAY THE SAME TO THE OWNER WITHOUT INTEREST OR OTHER CHARGES. IVO CLAIM SHALL BE MADE NOR SHALL ANY SUIT, ACTION OR PROCEEDING BE INSTITUTED FOR THE RECOVERY OF SUCH FUNDS AFTER THREE YEARS FROM THE DATE OF SUCH SALE. (D) THE CITY MANAGER MAY ENTER INTO CONTRACTS WITH THE OWNER OR OPERATOR OF ANY GARAGE OR OTHER PLACE FOR THE REMOVAL OR STORAGE OF VEHICLES REFERRED TO IN THIS SECTION. THE CONTRACTS SHALL PROVIDE FOR THE PAYMENT BY THE CITY OF REASONABLE CHARGES FOR THE REMOVAL AND STORAGE OF SUCH VEHICLES, SHALL REQUIRE SUCH OWNERS OR OPERATORS TO DELIVER SUCH VEHICLES TO THE OWNERS THEREOF OR THEIR AGENTS UPON DEMAND THEREFOR UPON FURNISHING SATISFACTORY EVIDENCE OF IDENTITY AND OWNERSHIP OR AGENCY, AND THAT THE OWNERS OR OPERATORS OF SUCH GARAGES OR PLACES OF STORAGE WILL INDEMNIFY THE OWNERS OF SUCH VEHICLES FOR INJURY OR DAMAGE THERETO RESULTING FROM THE NEGLIGENT REMOVAL OR STORAGE THEREOF, AND SUCH OWNERS OR OPERATORS SHALL BE REQUIRED TO PROVIDE THEMSELVES WITH ADEQUATE LIABILITY INSURANCE TO COVER SUCH INDEMNITY. ADOPTED BY THE COUNCIL JUNE 21, 1965 AYES: MR. MOUNT, MR. PONTON, MR. RENNOLDS AND MR. SCRIBNER. NOES: NONE. (MR. HAGGERTY ABSENT) CLERK PRESIDENT • • • •