(a) Conditions for Removal. Police officers 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;
(Adopting Ordinance)
(2) When any abandoned or inoperable vehicle is allowed to remain on property longer than 14 days. No person owning, in charge of or in control of any real property within the Municipality, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned or inoperable vehicle of any kind to remain on such property longer than 14 days.
(3) Whenever the Police Department finds an abandoned or inoperable vehicle on public property within the Municipality. In such case, the Department is authorized to place a written notice on the vehicle that it will be removed to a garage or place of safety unless the owner removes the vehicle from the public property within 24 hours of the giving of the notice. After the expiration of the 24 hour period, the vehicle may be removed by a removal agency to a garage or place of safety. Nothing in this section precludes the Department from immediately removing a vehicle that constitutes an imminent health, safety or fire hazard.
(Ord. 7 88. Passed 3 28 88.)
(4) When any vehicle has been stolen or operated without the consent of the owner;
(5) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
(6) When any vehicle has been used in or connected with the commission of a felony;
(7) 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;
(8) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
(9) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(10) 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;
(11) 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.
(Adopting Ordinance)
(b) Notice and Disposition Procedures.
(1) Notice to remove. A notice, in writing, shall be served by the Municipality upon any person having an abandoned or inoperable vehicle on his or her property, requesting the removal of such motor vehicle in the time specified in this section.
(2) Notice procedure. The Municipality shall give such notice to the owner or occupant of the private property where the abandoned or inoperable vehicle is located. It shall constitute sufficient notice when a copy of the same is sent by registered or certified mail to the owner or occupant of the private property at his or her last known address.
(3) Responsibility for removal. Upon proper notice, the owner of the abandoned or inoperable vehicle and/or the owner or occupant of the private property on which the same is located shall be responsible for its removal.
(4) Disposition of unclaimed vehicles. Any vehicle removed under authority of division (a)(2) or (3) of this section 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 Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, the reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right of possession. Prior to the issuance of a release form, the owner or operator shall either pay the amount due for any fines or 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 pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges. The removal agency shall have the rights and obligations conferred upon it by Ohio R.C. 4513.60 et seq. in regard to the titling or disposition of an unclaimed vehicle, except that, if not otherwise provided by State law, it shall have a possessory lien upon any vehicle removed under this section for the costs or reasonable charges in taking custody of and storing such vehicle.
(Ord. 7-88. Passed 3-28-88.)
(c) Compliance Required. 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.