§ 154-777. Unoccupied vehicle in violation of law.

(a)

Any unoccupied vehicle found on a street or highway against which there is a recorded and unpaid delinquent parking citation issued under the authority of this article shall be immediately immobilized or towed and impounded, or both, by any police officer or other person duly authorized.

(b)

Such vehicle shall be surrendered or released only to the duly registered owner of such vehicle or his agent thereof upon:

(1)

Such person depositing a cash bond in the amount of the fines and penalties for any unpaid parking citations (including the citation, if any, for which the vehicle was towed) recorded against such vehicle plus any towing, immobilization or storage fees; or

(2)

Such person (but only if he is the same person charged with the parking citation) signing and executing a form prepared by the department of law for the purpose of waiving his right to a hearing, admitting liability for the parking offense charged, agreeing to and paying the parking fines, towing fee and storage fees or immobilization fee incurred for the period of impoundment or immobilization. The person duly authorized to collect parking fines, towing, immobilization, and storage fees is hereby authorized to accept such waivers of hearing and pleas of guilty to the offenses charged for entering of same in the proper court of competent jurisdiction, and such person shall be authorized to collect all such fines and fees and issue receipts therefore to the person making payment of same.

(c)

If the person whose vehicle has been immobilized or impounded deposits a bond as provided in subsection (b)(1), such person shall be issued a notice to appear for hearing in accordance with the provisions of this article in the same manner and under the same procedures employed for any violation. Any person whose vehicle has been impounded or immobilized under the provisions of this section and desires an expedited hearing shall be afforded such a hearing within three business days of his written request therefore.

(d)

[Forfeiture of bond.] If a person whose vehicle has been immobilized or impounded deposits a bond as provided in subsection (b)(1), such a bond will be subject to forfeiture if he fails to pay the fines and/or penalties assessed by the parking adjudication bureau within six months after such assessment. If such fee is deposited in the form of a bond and the responsible person is found not liable for all parking citations for which the vehicle was immobilized or impounded, such bond will be returned to the depositor or his agent.

(e)

[Violations.] The purpose of this section is to provide for immobilization, impoundment by immobilization, and removal and/or impoundment of unoccupied vehicles when in violation of the following sections of chapter 34 and this chapter: section 34-19; section 34-20; section 154-861; section 154-864; section 154-866; section 154-868; section 154-869; section 154-870; section 154-874; section 154-875; section 154-876; section 154-877.1; section 154-878; section 154-923; section 154-925; section 154-973; section 154-975; section 154-976; section 154-977; section 154-978; section 154-979; section 154-1031; section 154-1032; section 154-1035; section 154-1036; and section 154-1043.

(f)

Towing, immobilization, and storage rates. The towing and storage rates shall be as set forth in the rules and regulations of the Louisiana Public Service Commission. Immobilization fees shall be 75 percent of the applicable towing rate rounded up to the nearest dollar, and the impoundment by immobilization rate shall be the outside storage rate.

(g)

Administrative fees. The rates shall be as set forth by the State Department of Public Safety and Corrections, Office of State Police, title 55, chapter 19.

(h)

Gate fees. : the rates shall be as set forth by R.S. 32:1734.

(i)

If any vehicle, other than truck tractors, semitrailers, boats, buses, school buses, freight-carrying vehicles, trailers, tow trucks or dump trucks, dual-axle or tandem-axle is impounded, a towing fee of $125.00 and, after the first 24 hours, a storage fee of $25.00, not to exceed $500.00, for each day that the vehicle involved was impounded shall be assessed, together with such fine as may be imposed in accordance with the law.

(j)

If a truck tractor, semitrailer, boat, bus, school bus, freight-carrying vehicle, trailer, tow truck or dump truck, dual-axle or tandem-axle is impounded, a towing fee of $250.00 and, after the first 24 hours, a storage fee of $50.00, not to exceed $1,000.00, for each day that the vehicle involved was impounded shall be assessed together with such fine as may be imposed in accordance with law.

(k)

The purpose of this section is to provide for the impoundment through immobilization of unoccupied oversized vehicles when in violation of the following sections of [chapter 34 and] this chapter:

Section 34-19; section 34-20; section 154-861; section 154-866; section 154-868; section 154-869; section 154-870; section 154-874; section 154-875; section 154-877.1; section 154-923; section 154-925; section 154-973; section 154-975; section 154-976; section 154-977; section 154-978; section 154-979; section 154-1031; section 154-1035; and section 154-1043.

(l)

If any vehicle, other than truck tractors, semitrailers, boats over 18 feet, buses, school buses, freight-carrying vehicles, trailers, tow trucks or dump trucks, is impounded through immobilization, an immobilization fee of $100.00 and, after the first 24 hours, a storage fee of $25.00, but not to exceed $500.00, for each day that the vehicle involved was impounded shall be assessed together with such fine as may be imposed in accordance with law. If a truck tractor, semitrailer, boat, bus, school bus, freight-carrying vehicle, trailer, tow truck or dump truck is impounded through immobilization as provided for in subsection (k), an immobilization fee of $250.00 and, after the first 24 hours, a storage fee of $50.00, but not to exceed $1,000.00, for each day that the vehicle involved was impounded shall be assessed together with such fine as may be imposed in accordance with law.

(Code 1956, § 38-286.70; Ord. No. 19,584, § 1, 3-2-00; M.C.S., Ord. No. 21354, § 1, 12-1-03; Ord. No. 21355, § 1, 12-1-03; M.C.S., Ord. No. 21876, § 3, 3-17-05; M.C.S., Ord. No. 23469, § 1, 4-2-09; M.C.S., Ord. No. 23906, § 1, 3-11-10; M.C.S., Ord. No. 24328, § 1, 3-3-11)