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.)