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The provisions of this traffic code applicable to the drivers of vehicles shall apply to the drivers of all vehicles owned or operated by the United States, any state or any political subdivision thereof, including the municipality, except as may be otherwise provided by law and subject to such specific exceptions as are set forth with reference to authorized emergency and public safety vehicles.
(A) Police officers and the Building Department are authorized to provide for the removal and impounding of a vehicle under the following circumstances:
(1) When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations;
(2) When any motor vehicle, including an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, is left on private residential property, as defined in § 303.09(D) of this chapter, or on private agricultural property, for at least four consecutive hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right of way of any road or highway, for 48 consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place; except that, when such a motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately;
(3) When any vehicle has been stolen or operated without the consent of the owner;
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
(5) When any vehicle has been used in or connected with the commission of a felony;
(6) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this traffic code whereby its continued operation would constitute a condition hazardous to life, limb or property;
(7) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(9) When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked;
(10) When any vehicle is found for which two or more citation tags for violations of this traffic code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required; and/or
(B) (1) Any vehicle removed under authority of division (A)(2) above shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Division shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage.
(2) Any person desiring to redeem an impounded vehicle shall appear at the Police Division to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The Police Division shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges. No fee will be charged for removal of non-vehicle personal property during regular business hours.
(C) No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which has been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima facie evidence that it was so removed by the owner or operator.
(Adopting Ordinance)
(D) The following schedule represents the maximum rates to be charged by the Police Division and Building Department to tow and store vehicles within a three-mile limit from the city corporate limits, as determined by the City Engineering Department:
(1) Police/Building Department impounded vehicles: $115, at any time;
(2) Vehicles overturned, submerged in water, rolled over embankment or similar mishap: $115 per hour, one-hour minimum, billed in half-hour increments thereafter, plus towing charges to the yard; unless this calls for two men and two trucks, in which case, charges will be rated accordingly;
(3) If, due to vehicle size or type, services of another tow company are required, those fees shall be in addition to the standard tow fee of $115;
(4) Minor debris cleanup is included in towing charge. A cleanup fee not to exceed $25 may be charged for debris cleanup of substantial vehicle glass or fluids. If the time required exceeds one hour, debris cleanup: $25 per hour;
(5) Storage: $15 per day or any fraction of a day in a fenced-in area; and
(6) A $65 administrative fee for all tows.
(E) The company entering into an agreement to tow vehicles at the direction of the Police Division or other authorized city official shall have a valid permit to operate a towing company within the city issued by the Safety Director. The towing company vehicle(s) location must be located within a three-mile limit from the city corporate limits, as determined by the City Engineering Department, and company vehicles shall comply with and carry the equipment listed in division (F) below.
(F) Minimum requirements for towing companies contracting with the city. Any towing company entering into an agreement with the city as described in division (E) above shall meet all of the following minimum requirements.
(1) All towing companies shall maintain in operable condition the following equipment:
(a) At least three approved tow trucks, one of which must be equipped to tow front wheel drive vehicles without damage; and
(b) A motorcycle trailer or other acceptable means of carrying a motorcycle in an upright position.
(2) Tow truck chassis shall be rated by the manufacturer at one ton or more. Each vehicle must be equipped with:
(a) One rear-view mirror on each side;
(b) A winch or boom rated by the manufacturer as having a four-ton capacity and equipped with steel cable having a minimum diameter of three-eighths inch;
(c) At least one amber flashing light, and one work light, situated so as to illuminate the winching or craning operations at night;
(d) The following additional equipment:
1. Two pickup chains at least eight feet in length;
2. One broom and shovel;
3. One all-purpose fire extinguisher maintained in operable condition;
4. Three flares;
5. One snatch block;
6. A set of hand-tools, such as screwdrivers, pliers, wire cutters and wrenches;
7. Rope or line to tie the steering wheel;
8. Three triangle reflectors;
9. Jumper cables;
10. Operable two-way radio;
11. Fifty-pound bag of sand or oil dry; and
12. Any other equipment that may be deemed necessary in the future by the Director of Public Safety.
(3) The towing company shall be responsible for providing towing services for all vehicles that they are called to tow. Should the towing company require special equipment not readily available for larger vehicles (e.g., buses, recreational vehicles, commercial trucks), the towing company must arrange for those towing services through another company, at the towing company’s expense.
(4) Any vehicle storage facility shall:
(a) Be located within a three-mile limit from the city corporate limits, as determined by the City Engineering Department;
(b) Provide on-site storage for a minimum of 20 vehicles outside, plus storage space for a minimum of four additional vehicles inside. All storage areas shall be secured by a solid fence or wall not less than eight feet in height or six feet if provided with arm extensions and barbed wire. The fence shall be well- maintained and in good appearance at all times.
(Ord. 61-1997, passed 4-14-1997; Ord. 199-2000, passed 10-9-2000; Ord. 43-2004, passed 3-8-2004; Ord. 204-2007, passed 12-17-2007; Ord. 18-2012, passed 2-13-2012; Ord. 41-2012, passed 3-26-2012; Ord. 159-2014, passed 11-24-2014; Ord. 42-2016, passed 5-9-2016)
(A) The chief of a law enforcement agency of the municipal corporation, within the chief's territorial jurisdiction, or a state highway patrol trooper, upon notification to the chief of such action and of the location of the place of storage, may order into storage any motor vehicle, including an abandoned junk motor vehicle as defined in Ohio R.C. 4513.63, that:
(1) Has come into the possession of the chief or state highway patrol trooper as a result of the performance of the chief's or trooper's duties; or
(2) Has been left on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for 48 hours or longer without notification to the chief of the reasons for leaving the motor vehicle in such place. However, when such a motor vehicle constitutes an obstruction to traffic it may be ordered into storage immediately unless either of the following applies:
(a) The vehicle was involved in an accident and is subject to Ohio R.C. 4513.66, or any substantially equivalent municipal ordinance;
(b) The vehicle is a commercial motor vehicle. If the vehicle is a commercial motor vehicle, the chief or state highway patrol trooper shall allow the owner or operator of the vehicle the opportunity to arrange for the removal of the motor vehicle within a period of time specified by the chief or state highway patrol trooper. If the chief or state highway patrol trooper determines that the vehicle cannot be removed within the specified period of time, the chief or state highway patrol trooper shall order the removal of the vehicle.
(3) Subject to division (C) of this section, the chief shall designate the place of storage of any motor vehicle so ordered removed.
(B) If the chief or a state highway patrol trooper issues an order under division (A) of this section and arranges for the removal of a motor vehicle by a towing service, the towing service shall deliver the motor vehicle to the location designated by the chief not more than two hours after the time it is removed.
(C) (1) The chief shall cause a search to be made of the records of an applicable entity listed in Ohio R.C. 4513.601(F)(1) to ascertain the identity of the owner and any lienholder of a motor vehicle ordered into storage by the chief or a state highway patrol trooper within five business days of the removal of the vehicle. Upon obtaining such identity, the chief shall send or cause to be sent to the owner or lienholder at the owner's or lienholder's last known address by certified or express mail with return receipt requested, by certified mail with electronic tracking, or by a commercial carrier service utilizing any form of delivery requiring a signed receipt. The notice shall inform the owner or lienholder that the motor vehicle will be declared a nuisance and disposed of if not claimed within ten days of the date of the sending of the notice.
(2) (a) The owner or lienholder of the motor vehicle may reclaim the motor vehicle upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title or memorandum certificate of title to the motor vehicle, a certificate of registration for the motor vehicle, or a lease agreement. Upon presentation of proof of ownership evidenced as provided above, the owner of the motor vehicle also may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. However, a towing service or storage facility may charge an after-hours retrieval fee established by the Public Utilities Commission in rules adopted under Ohio R.C. 4921.25 if the owner retrieves the personal items after hours, unless the towing service or storage facility fails to provide the notice required under Ohio R.C. 4513.69(B)(3), if applicable. However, the owner shall not do either of the following:
1. Retrieve any personal item that has been determined by the chief or a state highway patrol trooper, as applicable, to be necessary to a criminal investigation;
2. Retrieve any personal item from a vehicle if it would endanger the safety of the owner, unless the owner agrees to sign a waiver of liability.
(b) For purposes of division (C)(2) of this section, "personal items" do not include any items that are attached to the vehicle.
(3) If the owner or lienholder of the motor vehicle reclaims it after a search of the applicable records has been conducted and after notice has been sent to the owner or lienholder as described in this section, and the search was conducted by the place of storage, and the notice was sent to the motor vehicle owner by the place of storage, the owner or lienholder shall pay to the place of storage a processing fee of $25, in addition to any expenses or charges incurred in the removal and storage of the vehicle.
(D) If the owner or lienholder makes no claim to the motor vehicle within ten days of the date of sending the notice, and if the vehicle is to be disposed of at public auction as provided in Ohio R.C. 4513.62 or any substantially equivalent municipal ordinance, the chief, without charge to any party, shall file with the clerk of courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of this section. Upon presentation of the affidavit, the clerk, without charge, shall issue a salvage certificate of title, free and clear of all liens and encumbrances, to the chief. If the vehicle is to be disposed of to a motor vehicle salvage dealer or other facility as provided in Ohio R.C. 4513.62 or any substantially equivalent municipal ordinance, the chief shall execute in triplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with. The chief shall retain the original of the affidavit for the chief's records, and shall furnish two copies to the motor vehicle salvage dealer or other facility. Upon presentation of a copy of the affidavit by the motor vehicle salvage dealer, the clerk of courts, within 30 days of the presentation, shall issue a salvage certificate of title, free and clear of all liens and encumbrances.
(E) Whenever a motor vehicle salvage dealer or other facility receives an affidavit for the disposal of a motor vehicle as provided in this section, the dealer or facility shall not be required to obtain an Ohio certificate of title to the motor vehicle in the dealer's or facility's own name if the vehicle is dismantled or destroyed and both copies of the affidavit are delivered to the clerk of courts.
(F) No towing service or storage facility shall fail to comply with this section.
(ORC 4513.61)
(G) (1) (a) No person shall willfully leave an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, on private property for more than 72 hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway for 48 hours or longer without notification to the chief of a law enforcement agency of the municipal corporation of the reason for leaving the motor vehicle in that place.
(b) For purposes of this division (G)(1), the fact that a motor vehicle has been so left without permission or notification is prima facie evidence of abandonment.
(c) Nothing contained in this section and Ohio R.C. 4513.60, 4513.61 and 4513.63 shall invalidate or prevent the enactment of further provisions of municipal ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property or private property within the municipality.
(2) Whoever violates this division (G) is guilty of a minor misdemeanor and shall also be assessed any costs incurred by the municipality in disposing of the abandoned junk motor vehicle, less any money accruing to the municipality from the disposal.
(ORC 4513.64)
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