(a) 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, park, or other public property and is inoperable or is so illegally parked that it constitutes a public hazard or obstruction to the normal flow of traffic, or interferes with street cleaning, street repair or other public utility repair, or snow removal operations. (Ord. 61-2001. Passed 5-7-01.)
(2) Abandoned vehicles.
A. When any "abandoned junk motor vehicle", as defined in Ohio R.C. 4513.63, is left on private property for more than forty-eight consecutive hours without the permission of the person having the right to the possession of the property; or
B. When any vehicle is left on private residential property, as defined in Ohio R.C. 4513.60 and such property is not posted as a private tow-away zone, for more than four consecutive hours without the permission of the person having the right to the possession of the property; or
C. When any vehicle or "abandoned junk motor vehicle", as defined in Ohio R.C. 4513.63, is left on a public street or other property open to the public for purposes of vehicular travel or parking, or is left 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.
(3) When any vehicle has been reported as stolen or as being operated without the consent of the owner.
(4) When any vehicle on any street, park or other public property displays illegal license plates or fails to display the currently lawful required plates.
(5) When any vehicle has been used in or connected with the commission of a felony or misdemeanor of the first degree.
(6) When any vehicle is standing or parked in front of or so near to a fire hydrant as to impair accessibility to the hydrant or is parked in a marked fire lane.
(7) When any vehicle is standing or parked in front of a driveway.
(8) When any vehicle has either been so damaged as to be inoperable or violates equipment provisions of this Traffic Code whereby its continued operation would constitute a hazard to life, limb or property.
(9) When any vehicle is not displaying a currently valid City sticker as provided in Chapter 355 and is parked in the permit area of a municipal parking lot or is so parked that it constitutes an obstruction or interferes with parking in a municipal parking lot.
(Ord. 50-1984. Passed 6-18-84; Ord. 108-1984. Passed 12-3-84.)
(b) Police officers are authorized to provide for the removal and impoundment of a motor vehicle when such vehicle is in violation of subsections (b)(1), (2) or (3) hereof and if the conditions outlined in subsection (b)(4) hereof are not satisfied.
(1) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator.
(2) When any vehicle on any street, park or other public property fails to display current valid license plates.
(3) When any vehicle has been operated by any person who is driving without a lawful driver's license.
(4) No tow or impoundment authorized by this subsection shall be undertaken and completed unless:
A. The operator of the vehicle is unwilling or unable to remove or provide for the removal of the vehicle in question.
B. Satisfactory arrangements are made for removal of such vehicle and the vehicle is not actually removed within three hours from such time.
(c) When any vehicle is located within the City for which three or more parking tickets or summons for such violation have been issued, and the owner or operator of such vehicle has failed to respond to such parking tickets by payment thereof, and the City has mailed, by regular mail, a final notice to the owner of such vehicle at his or her last known address notifying such person of the violation of the Traffic Code, and directing such person to either pay the parking tickets existing against such vehicle, or to request, in writing, a hearing by the Cleveland Heights Chief of Police no later than fourteen days from the date listed on such final notice to contest the validity of such tow and impoundment, then such person shall either request a hearing or pay the parking tickets within such fourteen-day period or such vehicle may be towed and impounded after the Mayor or designee has approved a tow list specifically including such vehicle for failure to comply with the provisions of this Traffic Code. If a hearing is requested and the owner or operator of such vehicle contends payment has been made for the tickets and the administrative records of the City are in error by not reflecting the payment, the issue shall be deemed satisfied and the vehicle shall not be added to the tow list.
(d) When the impounding of a motor vehicle has occurred, the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor, and the place of storage. Such party shall be afforded, upon written request to the Mayor or designee, no later than fourteen days after impoundment/tow, an opportunity to contest the validity of such impoundment/tow. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to the issuance of a release form, the claimant, owner or operator shall either:
(1) Pay the amount due for any fines or violations on account of which such vehicle was impounded; or
(2) As the Court may require, post a bond in an amount set by the Court to answer such violations; and shall either
(3) Pay the pound operator all towage and storage charges; or
(4) Post a cash or surety bond in an amount not to exceed two hundred dollars ($200.00) guaranteeing the payment of all towage and storage charges should it be determined, by plea or otherwise, that the vehicle in question was, in fact, lawfully impounded.
(e) No pound operator in possession of a vehicle first impounded pursuant to this section shall impose a charge for towage in excess of its then prevailing charge for vehicles similarly towed in its ordinary course of business, nor a charge for storage in excess of its then prevailing charge for vehicles similarly stored on its own premises in its ordinary course of business.
(Ord. 27-1982. Passed 3-15-82; Ord. 153-2021. Passed 12-6-21; Ord. 154-2022. Passed 10-17-22.)