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Committee flags impoundment and notification language for rework
Summary
Members called the impoundment and notification sections of Chapter 35 'a doozy' and agreed to reword the sections, split notification rules for known vs. unknown owners, and clarify how impoundment and towing fees are collected.
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The committee devoted substantial time to Section 35.16–35.18, which govern vehicle removal, impoundment and notification. The Chair described the removal language as lengthy and that it "is a doozy," and members agreed the section needed reworking. Committee members said the ordinance currently allows the senior police officer, town manager, highway foreman or fire chief to order removal and to use force to enter vehicles when necessary.
Members also debated the notification timeline. The existing text reads, "In no case will such notification exceed the 24 hour time period." Some members argued that requirement unfairly constrains the town when the vehicle owner is unknown or out of state and suggested splitting the language into a paragraph for known owners (where 24 hours should apply) and a separate provision for unknown owners that allows more time. The committee additionally questioned whether the police department should collect impoundment/storage fees or whether payment should be made to the towing company with the town issuing receipts; members favored reworking the recovery/fee language to avoid the town handling third-party collections.
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