(a) Police officers are authorized to provide for the removal 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.
(2) When any vehicle or "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 on a public street or other property open to the public for purposes of vehicular travel or parking, or 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. Prior to disposal of an "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63, it shall be photographed by a law enforcement officer.
(3) When any vehicle has been stolen or operated without the consent of the owner and is located upon either public or private property.
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required plates and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
(5) When any vehicle has been used in or connected with the commission of a felony and is located upon either public or private property.
(6) 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, and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
(7) When any vehicle is left unattended either on public or private property due to the removal of an ill, injured or arrested operator, or due to the abandonment thereof by the operator during or immediately after pursuit by a law enforcement officer.
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision and is located either on public or private property,
(9) When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
(10) 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, and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
(11) When a vehicle is left unattended, parked or abandoned upon any public street, alley or thoroughfare or in any public park in violation of any City parking provisions.
(12) When any vehicle is left unattended either with keys in the ignition or the ignition is left in an unlocked position.
(b) Any vehicle removed under authority of subsection (a)(2) hereof shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq. Any other vehicle removed under the circumstances mentioned in this section may be removed by any Municipal police officer or upon instructions of such officer by any person designated by the City Manager as the Municipal Vehicle Pound Custodian; his agents or servants, from any public street, alley or thoroughfare or from any public park by towing, or otherwise, to the Municipal Vehicle Pound where the same shall be kept and detained until the owner, chauffeur, driver or other person in charge of the vehicle secures a written order from the Police Chief, or any member of the Police Department designated by him, authorizing that the vehicle be released from the Municipal Vehicle Pound.
(c) The removal by a police officer, or other authorized person, of any vehicle authorized by the provisions of this chapter shall be at the risk of the owner or person in charge thereof. Expenses of removal, conveyance, towing and expense of storage at the Municipal Vehicle Pound shall be borne by the owner, chauffeur, driver or other person in charge thereof and shall be paid before the vehicle is released from the Pound.
(d) The expense of removal and storage of a vehicle so impounded by the provisions of this chapter shall not release the owner, chauffeur, driver or other person in charge of such vehicle from the penalty imposed for violation of any traffic law or traffic ordinance. (A.O.)
(e) No impounded vehicle shall be removed from the Vehicle Pound except upon the payment by the owner, chauffeur, driver or other person in charge of such vehicle of the following impoundment fees for outside storage: Passenger vehicles (including pickups and vans) - $5.00 per day; motorcycles - $4.00 per day; trucks and tractors $7.00 per day; semi-trailers - $7.00 per day.
(1) The impoundment fees shall be assessed after forty-eight hours of impoundment and continue thereon until such owner, chauffeur, driver or other person in charge of such vehicle has presented himself at the Traffic Division of the Police Department to pay such fee and claim such vehicle. Provided, however, that vehicles used in commission of a felony shall be released only upon approval of the Police Chief. In such felony situations, impoundment fees shall commence only upon receipt by such owner, chauffeur, driver or other person in charge of such vehicle of a written notice by certified mail, return receipt requested.
(2) The Clyde Police Department shall keep a record of all fees so collected and all vehicles so impounded and such records shall contain information concerning the facts surrounding the seizure, description of the vehicle, time of the actual impounding of the vehicle, time when the vehicle is released and other data pertinent thereto. All moneys received by the Police Department under the provisions of this section shall be paid over to the City Finance Director.
(Ord. 1990-88. Passed 1-8-91.)
(f) After forty-eight hours impoundment, if the owner, chauffeur, driver or other person in charge of the impounded vehicle has not presented himself at the traffic violation bureau to claim the vehicle, the traffic violations bureau shall notify such person, in writing, mailed to his last known place of residence, and inform him of the nature and circumstances under which the vehicle has been impounded and also the amount of charge for redelivery.
When any owner, chauffeur, driver or other person in charge of the vehicle impounded presents himself at the traffic violations bureau to claim his vehicle, he shall furnish satisfactory proof of his right and title therefor to the person in charge of the traffic violations bureau.
(g) (1) In the event any of the above-named individuals who has a motor vehicle impounded for violation of any state or local law and such person is thereafter found not guilty of any such violation for which his motor vehicle was impounded, then in that event, the Clyde Police Department shall notify the Finance Director of that fact and any fees and charges paid by such individual theretofore shall be refunded by the City.
(2) If it appears to the Police Chief that the vehicle was erroneously impounded, then he may order the immediate release of the vehicle without requiring payment of any charges and shall notify in writing the Clyde Police Department of his action and the reason therefor.
(Ord. 1990-88. Passed 1-8-91.)
(h) Whenever any impounded vehicle is unclaimed for a period of ninety days by any person having right of possession of such vehicle, the vehicle shall be sold under the direction of the Police Chief, at public auction, to the highest bidder after notice of the auction has been advertised for not less than one week by publication once in a newspaper of general circulation in the City.
(i) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.