Police officers and parking enforcement officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:
(Ord. 162-2008. Passed 11-10-08.)
(a) 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.
(b) When any vehicle or "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63 is left on private property for more than seventy-two consecutive hours without the permission of the person having the right to the possession of the property except as provided in Chapter 355, 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 forty-eight consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place. Prior to disposal of an "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63, it shall be photographed by a law enforcement officer.
(c) When any vehicle has been stolen or operated without the consent of the owner.
(d) When any vehicle displays illegal license plates or fails to display the current lawfully required plates.
(e) When any vehicle has been used in or connected with the commission of a felony.
(f) 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.
(g) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator.
(h) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision.
(i) When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked.
(A.O.)
(j) When any vehicle is found for which three or more parking tickets for violations of this Traffic Code have been issued within the preceding thirty-six month period or for which there is at least fifty dollars ($50.00) in unpaid parking fines for violations of this Traffic Code and the owner or operator of the vehicle has failed to pay the outstanding fine or otherwise disposed of such ticket as required by law.
(Ord. 162-2008. Passed 11-10-08.)
(Ord. 162-2008. Passed 11-10-08.)
(k) When any vehicle is illegally parked in a tow-away zone on any public street.
(Ord. 140-97. Passed 6-30-97.)
(Ord. 140-97. Passed 6-30-97.)
Before the owner or person in charge of such vehicle shall be permitted to remove the same from the custody of the Police Department, any owner shall surrender a receipt to the officer in charge showing the payment to the deputy clerk of courts in charge of traffic violations, or as provided in rules and regulations of the Director of Public Safety promulgated under the authority granted the Director in Chapter 305, of a fee to cover the cost of removal, plus the cost of storage.
It shall be the duty of the deputy clerk of courts in charge of traffic violations to inform the owner or person claiming an impounded vehicle of the nature and circumstances of the violation because of which the vehicle was impounded. In case a protest is made against the payment of the impounding or storage fee, the deputy clerk shall mark upon the receipt the words "Paid under protest". In such case, it shall thereupon be the duty of the police officer having knowledge of the facts to forthwith institute the proper proceedings in the Municipal Court, charging the owner or operator with the violation of the ordinance for which the vehicle was impounded. If such person is subsequently found not guilty of the violation, the fees so paid shall be refunded.