351.16 LEAVING JUNK VEHICLES ON PRIVATE PROPERTY WITH PERMISSION OF OWNER.
   For the purposes of this section, "junk motor vehicle" means any motor vehicle meeting the requirements of Ohio R.C. 4513.63(B) to (E) that is left uncovered in the open on private property for more than seventy-two hours with the permission of the person having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under authority of Ohio R. C. 4737.05 to 4737.12; or regulated under authority of the Municipality; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona-fide commercial operation; or if the motor vehicle is a collector's vehicle.
   Persons may store or keep by unrestricted method any collector's vehicle as defined in Ohio R.C. 4501.01(F) on private property with the permission of the person having the right to the possession of the property; except that such person having such permission shall conceal, by means of buildings, fences, vegetation, terrain or other suitable obstruction, any unlicensed collector's vehicle stored in the open.
   The Fire Prevention Officer and the Health Inspector may send notice by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure or shall be removed from the property.
   No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice. Each subsequent period of thirty days that a junk motor vehicle continues to be so left constitutes a separate offense.
   Any junk motor vehicle parked or stored in violation of this section may be removed to a motor vehicle pound or other place of storage by any police officer or the Fire Prevention Officer and shall not be released except upon payment of towing and storage charges. Vehicles so removed may be disposed of according to provisions of Ohio R.C. 737.32.
   Under all circumstances City zoning regulations shall take precedence.
   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; a misdemeanor of the fourth degree on a second offense and a misdemeanor of the third degree on each subsequent offense.
(Ord. 81 -86. Passed 10-20-86; Ord. 124-00. Passed 10-2-00.)