criminal-law constitutional-law property
City laws and ordinance
<p>I'm trying to find out if the city of Oklahoma has the right to tow my car out of my drive way  even if it's not in running condition</p>

<p>Yes, it can do that. </p>

<p>A city can constitutionally ban having an inoperable vehicle in your privately owned driveway, and can remedy a violation of its city ordinance by towing the vehicle, after providing you with the due process steps outlined in the ordinance below.</p>

<p>The <a href="https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2010_CH35NU_ARTIIABWRETVE_S35-37PRNUDE" rel="noreferrer">relevant municipal ordinance</a> is as follows:</p>

<blockquote>
  <p>ARTICLE II. - ABANDONED, WRECKED, ETC., VEHICLES</p>
  
  <p>§ 35-36. - Definitions.</p>
  
  <p>The following words, terms and phrases, when used in this article,
  shall have the meanings ascribed to them in this section, except where
  the context clearly indicates a different meaning:</p>
  
  <p>(1) Junk vehicle means any vehicle, as defined herein, which is
  wrecked, dismantled, partially dismantled, inoperative, deteriorated,
  decayed, lacks necessary repairs or maintenance, abandoned, bearing no
  State license plate or bearing a State license plate that is more than
  three months out of date, or discarded. </p>
  
  <p>(2) Vehicle means a device in, upon, or by which any person or
  property is or may be transported or drawn upon a highway, except
  devices designed to be moved by human power or used exclusively upon
  stationary rails or tracks, the term shall include, but not be limited
  to, automobiles, buses, motorbikes, motorcycles, motor scooters,
  trucks, tractors, go-carts, golf carts, boats and trailers. </p>
  
  <p>(3) Owner means any person, firm, or corporation having a legal or
  equitable interest in the property, including an officer, guardian,
  executor, administrator, mortgagee in possession, managing or leasing
  agent of such person, firm, or corporation. </p>
  
  <p>(4) Private property means any real property which is not public
  property. </p>
  
  <p>(5) Public property means that property which is dedicated to the
  public use and over which the Federal, State or municipal government
  or any political subdivision thereof exercises control and dominion.</p>
  
  <p>§ 35-37. - Prohibited; nuisance declared.</p>
  
  <p>(a) It shall be unlawful and an offense for any person to park, store,
  leave, or permit the parking, storing, or leaving of any vehicle of
  any kind which is in an abandoned, wrecked, dismantled, inoperative,
  rusted, junked, or partially dismantled condition whether attended or
  not, upon any public or private property within the City for a period
  of time in excess of 72 hours. The presence of an abandoned, wrecked,
  dismantled, inoperative, rusted, junked or partially dismantled
  vehicle or parts thereof on private or public property is hereby
  declared a public nuisance which may be abated as such in accordance
  with the provisions of this article. </p>
  
  <p>(b) The provisions of Subsection (a) shall not apply to any vehicle
  enclosed within a building on private property or to any vehicle held
  in connection with a lawful business enterprise, and property operated
  in the appropriate zone, pursuant to the zoning ordinance or to any
  vehicle in operable condition specifically adopted or designed for
  operation on drag strips or raceways or any vehicle retained by the
  owner for antique collection purposes in a storage place in an
  enclosed building on private property maintained in a lawful place and
  manner.</p>
  
  <p>§ 35-38. - Order of abatement.</p>
  
  <p>In all cases where it shall have been determined that any nuisance
  shall be abated, and the nuisance is not abated within the time
  specified in the notice, an order of abatement shall be entered by the
  Director or designee who shall assign a value to the vehicle and cause
  the vehicle or its parts to be removed and stored in a proper place
  for not more than 30 days.</p>
  
  <p>§ 35-39. - Responsibility for removal.</p>
  
  <p>(a) Upon proper notice and opportunity to be heard, the owner of the
  private property on which the abandoned, wrecked, dismantled or
  inoperative vehicle is located, shall be responsible for its removal.
  In the event of removal and disposition by the City or its designee,
  the owner of the private property where the vehicle is located shall
  be liable for the expenses incurred. (b) The owner of any vehicle so
  removed may regain possession thereof by making application to The
  Department of Neighborhood Services within 30 days after its removal.
  The owner shall pay the designated wrecker service all reasonable
  costs of towing and storage liens which shall have accrued to such
  vehicle. If the vehicle is not reclaimed within 30 days, it may be
  sold without further notice from the City.</p>
  
  <p>§ 35-40. - Notice to remove.</p>
  
  <p>(a) The City Manager, the Director or designee, shall give notice of
  removal to the owner of the private property where a nuisance as
  defined by this article is located. At least ten days notice shall be
  given to the owner of the property by mail at the address shown by the
  current year's tax rolls in the county treasurer's office before the
  City takes action. It shall constitute sufficient notice, when at the
  time of mailing of the notice to the property owner, the Director
  shall obtain a receipt of mailing from the postal service, which
  receipt shall indicate the date of mailing and the name and address of
  the mailee and if such person or entity cannot be found, then a copy
  of the notice may be served by posting a copy in some conspicuous
  place on the premises upon which the vehicle is located, at least ten
  days prior to any abatement action by the enforcement official. (b)
  The notice shall order the property owner to abate the nuisance and
  shall further state that unless such abatement is performed within ten
  days of the date of the notice, the nuisance may be abated by the
  City.</p>
  
  <p>§ 35-41. - Hearing.</p>
  
  <p>(a) The owner may give written consent authorizing the City to abate
  the nuisance under Section 35-42 hereof. Such consent shall waive the
  right to a hearing under Subsection (c) hereof. </p>
  
  <p>(b) At any time within ten days from the date of the notice and order
  provided for in this article, the owner may request, in writing to the
  Director, a hearing to be conducted for the purpose of contesting the
  determination that a nuisance exists upon his property. The Director
  shall conduct such hearing as soon as may be practicable but not
  earlier than five days after receipt of the owner's request for such
  hearing, and not later than 15 days after such receipt.</p>
  
  <p>(c) At such hearing, such owner shall have the right to be represented
  by counsel, to present testimony, or evidence and arguments, and to
  cross examine witnesses. All testimony shall be taken under oath. If
  the Director, after such hearing, shall determine that the inoperative
  vehicle or junked vehicle constitutes a growing blight or a
  substantial detriment to health and safety of the residents of our
  community, he/she shall file, in writing, findings of fact, and order
  that such nuisance be abated within ten days, and shall cause such
  finding and order to be served upon such owner at the conclusion of
  the hearing.</p>
  
  <p>§ 35-42. - Removal of motor vehicles from property.</p>
  
  <p>If the violation described in the notice served pursuant to this
  article has not been remedied within the ten-day period of compliance,
  or in the event that a notice requesting a hearing has not been timely
  filed, and the existence of the violation is affirmed by the Director,
  then the City Manager, Director or designee may continue to recommend
  prosecution of criminal charges on a daily basis for failure to abate
  the nuisance and/or shall have the right to take possession of the
  inoperative or junked vehicle and remove it from the premises. It
  shall be unlawful for any person to interfere, hinder, or to refuse to
  allow such person or persons to enter upon private property for the
  purpose of removing a vehicle under the provisions of this article.</p>
  
  <p>§ 35-46. - Collection of City's costs of removal.</p>
  
  <p>(a) Upon the failure of the owner or occupant of property from which
  abandoned vehicles have been removed by the City to pay the
  unrecovered expense incurred by the City in such removal, the amount
  of the unrecovered cost may be added to the municipal utility bills of
  the private property from which removed and recovered in the same
  manner as such bills. (b) If the private property is not served by
  municipal utilities or if collection efforts are not successful, the
  cost may be certified by the City Clerk to the county treasurer of the
  county in which the property is located who shall add the same to the
  ad valorem taxes assessed against the property, until paid, and such
  costs shall be collected in the same manner as ad valorem taxes
  assessed against the property, and when collected shall be paid to the
  City.</p>
  
  <p>§ 35-47. - Penalty.</p>
  
  <p>In addition to the procedures for removal of vehicles, any person who
  shall violate any of the provisions hereof shall, upon conviction, be
  deemed guilty of a Class "b" offense against the City. Each act in
  violation of any of the provisions hereof shall constitute a separate
  offense and may be chargeable as such. Each day's continued violation
  of any of the provisions hereof shall constitute a separate offense
  and may be chargeable as such.</p>
</blockquote>

<p>This statute has stayed on the books for roughly fifty years without being struck down for being illegal or unconstitutional, and many municipalities have similar ordinances.</p>
