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Cleveland, OH Code of Ordinances
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
CHAPTER 405 – IMPOUNDING
405.01   Vehicle Pounds Authorized
405.02   Impounding of Vehicles
405.021   Ticketing and Impoundment of Vehicles by the Division of Parking Facilities
405.022   Release of Vehicles Impounded by the Division of Parking Facilities
405.023   Continuous Violation Tickets
405.03   Report of Condition of Vehicle Towed by Private Agency
405.04   Storage Fee at Vehicle Pound
405.05   Redemption of Impounded Vehicles; Bond; Hearing; Trial
405.06   Impounding and Towing Fees
405.07   Pound Records
405.08   Impounding Commercial Vehicles; Fees
405.09   Impounding Bicycles
405.10   Towing Preparation Fees
405.11   Fee for Incompleted Tow
405.12   Fee for Diverting Recovered Stolen Vehicles and Other Vehicles from Impoundment; Agreements Authorized
405.13   Auctioning of Impounded Motor Vehicles that are Unclaimed or Abandoned
Cross-reference:
   Abandoned junk vehicles, CO 451.27
   Abandoned vehicles, CO 451.25
   Driving unsafe, damaged vehicles, CO 437.01
   Use of illegal license plates prohibited, CO 435.11
Statutory reference:
   Disposition of unclaimed vehicles, RC 737.32, 4513.62 et seq.
§ 405.01 Vehicle Pounds Authorized
   The Director of Public Safety is hereby authorized to create vehicle pounds, to which vehicles may be removed by police officers in the manner hereinafter provided. Such pounds shall be located at such places as may be designated by the Director. Each pound shall be in the charge of a police officer. The Chief of Police shall designate a police officer to remain in attendance at each pound from 7:00 a.m. to 10:00 p.m. each day except Sunday, for the purpose of receiving, safeguarding and discharging vehicles as hereinafter provided.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 405.02 Impounding of Vehicles
   Police officers are authorized to provide for the removal of a vehicle under the following circumstances:
   (a)   When any vehicle is left unattended upon any street, alley or bridge and constitutes an unreasonable hazard or obstruction to the normal movement of traffic or unreasonably interferes with street cleaning or snow removal operations, or when any vehicle is left on any street or public property for more than seventy-two (72) hours.
   (b)   (1)   Upon complaint of any person adversely affected, when any motor vehicle, other than an abandoned junk motor vehicle as defined in RC 4513.63, that has been left on private residential or private agricultural property for at least four (4) hours without the permission of the person having the right to the possession of the property.
(RC 4513.60(A)(1))
      (2)   When any motor vehicle, other than an abandoned junk motor vehicle as defined in RC 4513.63, has been left on a public street or other property open to the public for the purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for forty-eight (48) hours or longer without notification to the Chief of Police of the reasons for leaving the motor vehicle in such place. (RC 4513.61(A)(2))
      (3)   When any motor vehicle is an abandoned junk motor vehicle as defined in RC 4513.63 and removal is authorized by that section.
      (4)   When any junk motor vehicle as defined in RC 4513.65 has not been either covered by being housed in a garage or other suitable structure, or removed from the property, within ten (10) days of the date of receipt of a notice meeting the requirements of division (b) of Section 451.27 by the person having the right to possession of the property on which the junk motor vehicle is left.
   (c)   When any vehicle has been stolen or operated without the consent of the owner.
   (d)   When any vehicle is parked on any street or other public property and displays illegal plates or fails to display the current lawfully required license plates.
   (e)   When any vehicle has been used in or connected with the commission of procuring, soliciting, prostitution, soliciting drug sales in violation of Section 607.20, or any 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 failed to stop in case of accident or collision.
   (i)   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.
   (j)   When any vehicle is found standing or parked in violation of the provisions of Section 451.04, 451.05, 451.06, 451.11, 451.13, 453.01, 453.02, 455.05, 455.06 or 455.07 of these Codified Ordinances and such vehicle has four (4) or more of any combination of:
      (1)   Unpaid parking infraction judgments, and/or
      (2)   Notices of liability under Section 413.031 for red light or speeding violations, provided that the notices of liability under Section 413.031 are not on appeal; and/or
      (3)   Previously issued outstanding criminal citations or notices of violation of any of the provisions of this Traffic Code.
   (k)   When any vehicle constitutes an unreasonable hazard to persons or property at the scene of a fire, accident, disaster, riot or emergency of any kind.
   (l)   When any vehicle is found standing or parked in violation of the provisions of Sections 451.03, 451.041, 451.08 through 451.10, 451.12, 451.15 through 451.25, divisions (i), (j) or (k) of Section 451.33, or division (a) of Section 461.15.
   (m)   When any vehicle is ordered immobilized pursuant to RC Chapters 4503, 4507, or 4511.
   (n)   When any vehicle that is subject to an order of immobilization and impoundment under RC 4503.233 is found being operated on any street or highway.
   (o)   When any vehicle:
      (1)   Displays license plates that are associated with five (5) or more of any combination of unpaid parking infraction judgments and/or notices of liability under Section 413.031 for red light or speeding violations, provided that the notices of liability under Section 413.031 are not on appeal; and
      (2)   Is found standing or parked on any street or highway in the Central Business District, without regard to whether any parking infraction is being committed at the time. As used in this division, “Central Business District” has the same meaning as in Section 325.12 of the Codified Ordinances; and
      (3)   The Parking Violations Bureau has sent a notice by regular U.S. mail to the person to whom the license plates are registered that the conditions in division (o)(1) of this section exist and that the vehicle may be towed as provided in this division.
(Ord. No. 1276-15. Passed 10-16-17, eff. 10-20-17)
§ 405.021 Ticketing and Impoundment of Vehicles by the Division of Parking Facilities
   (a)   The persons described in division (c) of this section may issue a parking infraction ticket when a vehicle is parked in violation of any section of these Codified Ordinances that section 459.01 defines as a parking infraction.
   (b)   A condition report shall be made in the manner described in Section 405.03 for any vehicle caused to be impounded by an employee of the Division of Parking Facilities. The original report shall be retained by the Division of Parking Facilities, and the copies shall be distributed as provided in Section 405.03. The employee causing the vehicle to be impounded shall stay on the scene until the vehicle is removed.
   (c)   This section shall apply to those employees of the Division of Parking Facilities whose duties include issuing parking infraction tickets or providing for the impoundment of vehicles. This section shall not affect the authority of any other City employee.
(Ord. No. 1484-90. Passed 6-18-90, eff. 6-27-90)
§ 405.022 Release of Vehicles Impounded by the Division of Parking Facilities
   Any vehicle impounded pursuant to Section 405.021 shall be released in the manner described in Section 459.08.
(Ord. No. 1495-87. Passed 11-23-87, eff. 11-25-87)
§ 405.023 Continuous Violation Tickets
   (a)   No person shall stand or park a vehicle in continuous violation of any parking infraction offense.
   (b)   Any person authorized to issue parking infraction tickets who observes that a vehicle has been parked for two (2) hours or more in continuous violation of a parking infraction offense may issue a second parking infraction ticket served in accordance with Chapter 459.
   (c)   No vehicle found standing or parked in continuous violation of any parking infraction offense shall be ticketed more than twice per calendar day for the same infraction in the same location.
(Ord. No. 645-06. Passed 6-12-06, eff. 6-16-06)
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