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(a) For any vehicle immobilized or towed pursuant to Section 8-3-20, there shall be charged an immobilization fee if applicable; a towing fee; and an impound fee for each and every day the vehicle remains in the Town’s custody. For purposes of assessing fees under this Section, a vehicle shall be considered to be in the Town’s custody when such vehicle is held or impounded on property owned or leased by the Town. Fines are payable to the Municipal Court Clerk. Fees are payable to the individual or entity with whom the Town has contracted to provided towing, immobilization and impound services, if any. If the Town is providing such services, fees for such services shall be payable to the Municipal Court Clerk. The immobilization fee, the towing fee and impound fee shall be established annually by a resolution of the Town Council.

(b) No vehicle removed and/or impounded under Section 8-3-20 shall be released until all fees for immobilization, towing or impoundment have been paid, waived or otherwise disposed of.

(c) In the event that, for any reason, the defendant is not found liable for a violation of this Chapter, the Municipal Court may order the return of all or any part of the towing and impoundment fees.

(d) The Town Marshal, Municipal Judge and Municipal Court Clerk shall be and are hereby authorized and empowered to waive or adjust any charges imposed by or described in this Section whenever in their judgment it would be inequitable or result in an injustice to collect or require the payment of such charges. Charges resulting from the following circumstances will routinely be waived or refunded if previously paid, unless exceptional circumstances (such as failure to claim a vehicle within a reasonable period of time) make the collection of charges proper:

(1) When the vehicle was impounded as a result of the operator being taken into custody and the operator has been released without charges being filed;

(2) When the vehicle licensed in the County was reported as stolen and subsequently was recovered and impounded by the police; or

(3) When a vehicle has accumulated storage charges while being held as evidence, if the operator is not convicted of an offense associated with the impoundment. (Prior code 10.12.050; Ord. 1488 §1, 2019)