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Celina Overview
Codified Ordinances of Celina, OH
Codified Ordinances of the City of Celina, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   523.09 PLACE OF IMPOUNDMENT.
   Every vehicle that is impounded under the provisions of this chapter shall be removed to the place of safekeeping designated by the Police Department of the City.
(Ord. 29-12. Passed 8-13-12.)
   523.10 DURATION OF IMPOUNDMENT.
   (a)   Except as otherwise provided, any vehicle impounded under authority of this chapter shall be stored and held safely until released pursuant to a written order signed by the Police Chief of the City, or an authorized agent of the Police Chief.
   (b)    The order of release is conditioned upon the payment by the person to whom the release is issued of all impoundment costs and accrued storage charges assessed against the vehicle.
   (c)    Storage charges for each junk motor vehicle shall be in accordance with Celina Codified Ordinance Section 303.11 as amended from time to time.
(Ord. 5-21. Passed 3-22-21.)
   523.11 NOTICE OF REMOVAL.
   (a)   Whenever a police officer removes a vehicle as authorized in this chapter and the officer knows or is able to ascertain from the registration records in the vehicle, the name and address of the owner thereof, such officer shall in timely manner give or cause to be given notice in writing to the owner of the fact of such removal and the reasons therefore and of the place to which the vehicle has been removed.
   (b)   Whenever a police officer removes a vehicle under this chapter and does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in subsection (a) hereof, the officer shall cause a search of the records of the State Department of Transportation, Bureau of Motor Vehicles to be made within three days of such removal to ascertain the name of the owner. Notice by certified mail with return receipt requested shall be sent to the owner of the motor vehicle at his last known address within three days after the results of said search are received. The officer shall mail to the State Department of Transportation, Bureau of Motor Vehicles and file with the proprietor of any place where the vehicle may be stored a copy of such notice. Such notice shall include a complete description of the vehicle, the date and time of removal, the place from which removed, the reasons for such removal, and the name of the place where the vehicle is stored.
(Ord. 29-12. Passed 8-13-12.)
   523.12 RIGHT OF REDEMPTION OF VEHICLE.
   Presentation of the order of release at the place of impoundment shall entitle the person presenting the release to obtain possession of the vehicle.
(Ord. 29-12. Passed 8-13-12.)
   523.13 RELEASE OF IMPOUNDED VEHICLES.
   (a)   The Police Department, subject to the provisions of this chapter, is authorized to release impounded vehicles and to accept, on behalf of the City and as applicable, agreements to save and hold the City harmless signed by the person to whom the vehicle is released.
   (b)    The Department of Police will release an impounded vehicle to a registered owner or the registered owner's representative upon presentation of the following:
      (1)    Personal identification containing a photograph, such as a valid driver’s license or a state issued identification card, unless the individual is otherwise known to the Police Department;
      (2)    A certificate of title for the impounded vehicle, which is not a "jumped" or "signed over" title; and
      (3)    A notarized power of attorney from the registered owner, if the person claiming the vehicle is not the registered owner and does not have a secured interest in the impounded vehicle. The power of attorney document must be on a form approved by the Director of Law for the City.
   (c)    The Department of Police will release an impounded vehicle to a party having a secured interest in an impounded vehicle upon presentation of the following:
      (1)    Proof of a secured interest in the impounded vehicle, such as the certificate of title with the interest noted thereon; and
      (2)    A signed release holding the City and its elected officials, officers and employees harmless from all liability for release of the impounded vehicle. Such release shall be on the form approved by the Director of Law for the City.
   (d)   If the person obtaining the release of an impounded vehicle pursuant to this section cannot satisfy all applicable federal, state and local laws for the operation of a vehicle, the vehicle must be removed from the impound facility by an insured towing service.
   (e)   The Police Department shall retain a copy of the instruments and documents required by this section.
(Ord. 29-12. Passed 8-13-12.)
   523.14 DISPOSAL OF UNCLAIMED VEHICLES.
   (a)   Any vehicle impounded under this Chapter of these Celina Codified Ordinances which is not released pursuant to Section 523.13 of these Celina Codified Ordinances within thirty (30) calendar days from the date of impoundment, excluding the first day of such impoundment, or upon the expiration of all administrative and/or legal appeals of any decision associated with this Chapter of these Celina Codified Ordinances, whichever occurs later shall be known as an “unclaimed vehicle”, and any such vehicle shall fully and conclusively be deemed abandoned for all purposes under law, including but not limited to for the purpose of ascertaining whether the City has engaged in a “taking” of such property under the United States Constitution and the Ohio Constitution.
   (b)   The Police Department shall dispose of all such unclaimed motor vehicles in accordance with Ohio Revised Code 4513.62.
   (c)   All affidavits used to facilitate the disposal of unclaimed motor vehicles shall be approved by the registrar of motor vehicles and the Director of Law of the City.
(Ord. 29-12. Passed 8-13-12.)
   523.99 PENALTY.
   (a)   Whoever violates Section 523.02 and/or Section 523.03 of these Celina Codified Ordinances is guilty of a minor misdemeanor for each such offense, and shall also be assessed any costs incurred in the removal, impoundment, and disposal of the motor vehicle, less any money
accruing to the City from such, if any, disposal.
   (b)    Every day during which each violation of Section 523.02 and/or Section 523.03 of these Celina Codified Ordinances is found to exist shall constitute a separate offense and be punishable as a misdemeanor of the third degree.
(Ord. 29-12. Passed 8-13-12.)