(a) Whenever any police officer finds a vehicle unattended upon any highway, bridge or causeway, or in any tunnel, where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle to the nearest garage or other place of safety. In addition to the above, any police officer may impound:
(1) Any stolen, abandoned, or unroadworthy vehicle;
(2) Any vehicle parked at a place where parking is prohibited or which has been parked for more than one hour in excess of the time allowed for parking in any place;
(3) Any vehicle which is involved in an accident;
(4) Any vehicle which fails to display the current lawfully required plates or is driven by a person who is driving without a lawful license or whose license has been suspended or revoked and is located upon any public street or other property open to the public for purposes of vehicular travel or parking;
(5) Any vehicle which is driven by a person under the influence of alcohol, or which is in the possession of any person under the influence of alcohol; and
(6) Any vehicle which is in the possession of any person who has been physically arrested.
If the vehicle is impounded at the Blue Ash Police Department Impound Facility, any person desiring to redeem such impounded vehicle shall first pay to this Municipality a basic impoundment charge; daily storage fees for any services performed by this Municipality in order to properly maintain such impounded vehicle; and for any direct towing fees incurred by the City of Blue Ash as authorized by Ohio R.C. 4513.60 and Ohio R.C. 4513.61. These charges and/or fees shall be in accordance with rates, terms, and/or conditions set forth in the Police Rotation Wrecker Regulations and Permissible Fees (PRW) established by City Council. The charges and/or fees may be amended from time to time as deemed necessary by City Council. The Chief of Police shall maintain the PRW. Furthermore, the Chief of Police may prescribe such other administrative rules as necessary to implement the provisions contained within Ohio R.C. Chapter 4513 and Part Three Traffic Code of the City of Blue Ash.
If the owner of an impounded vehicle files with the Mayor a statement under oath that the vehicle had been stolen and abandoned by the thief, or that the vehicle had been disabled, the Mayor shall have the power to remit all or any part of the storage or impounding charge.
(b) (1) Delinquent motor vehicles. A motor vehicle is a delinquent motor vehicle if it is specified in a traffic or parking citation respecting which there has been a failure to pay the applicable fine to a traffic violations bureau or to appear in court and ten days have elapsed after giving notice thereof to the registered owner of such motor vehicle by regular U.S. mail to the last known address of such registered owner.
(2) Impoundment of delinquent motor vehicle. Any police officer may impound and cause to be towed a delinquent motor vehicle. Any motor vehicle impounded as delinquent shall be released to the owner, or the person the owner has designated to receive the vehicle by written power of attorney issued by the owner, upon proof of payment or posting of bail for the traffic or parking citation(s); and payment of the accumulated impounding and storage fees.
(3) Sale of delinquent motor vehicle. After towing or impoundment, a delinquent motor vehicle may be sold in accordance with Ohio R.C. 737.29 through 737.33 to satisfy the maximum possible fine and costs and other appropriate charges, including those set forth in subsection (a) hereof.
(c) The Blue Ash Police Department may establish a list of qualified wrecker services and may call upon these wrecker services in a rotation manner to provide towing for vehicles described in subsection (a) or for assisting disabled motorists at their request. In order for said qualified wrecker services to remain on the rotation wrecker list, the owner/operator must agree to the regulations as established by the Chief of Police for the Rotation Wrecker System (RWS). Failure to do so will result in the wrecker service being removed from this rotation wrecker list.
(d) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.