(a) Impoundment or Immobilization.
(1) Any vehicle with three or more parking violations in which judgments or default judgments have been entered against a person by the Parking Violations Bureau pursuant to § 244.08, or have been filed with the Pickaway County Municipal Court pursuant to § 244.08, is subject to impoundment or immobilization by the Commercial Point Police Department. Impoundment or immobilization pursuant to this division is permitted without regard to whether the vehicle, at the time of the impoundment or immobilization, is legally parked.
(2) Any vehicle that is left unattended upon any street, bridge or causeway, and which is illegally parked so as to constitute a danger to persons or property or an obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations, as more fully set forth in Chapter 452 of the Commercial Point Codified Ordinances, is subject to impoundment or immobilization by the Commercial Point Police Department.
(3) Any vehicle or "abandoned junk motor vehicle" as defined in R.C. § 4513.63 which is left on private 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 without notification to the Commercial Point Police Department of the reasons for leaving such vehicle in such place, is subject to impoundment or immobilization by the Commercial Point Police Department. Prior to disposal of an "abandoned junk motor vehicle" as defined in R.C. § 4513.63, it shall be photographed by a Commercial Point police officer.
(4) Any vehicle which has been stolen or operated without the consent of the owner, and which is located upon either public or private property, is subject to impoundment or immobilization by the Commercial Point Police Department.
(5) Any vehicle which displays illegal license plates or fails to display the current lawfully required plates, and which is located upon any public street or other property open to the public for purposes of vehicular travel or parking, is subject to impoundment or immobilization by the Commercial Point Police Department.
(6) Any vehicle which has been used in or connected with the commission of a felony, and which is located upon either public or private property, is subject to impoundment or immobilization by the Commercial Point Police Department.
(7) Any vehicle which has been damaged or wrecked so as to be inoperable or to violate equipment provisions of the Commercial Point Traffic Code whereby its continued operation would constitute a condition hazardous to life, limb or property, and which is located upon any public street or other property open to the public for purposes of vehicular travel or parking, is subject to impoundment or immobilization by the Commercial Point Police Department.
(8) Any vehicle which 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, is subject to impoundment or immobilization by the Commercial Point Police Department.
(9) Any vehicle which has been operated by any person who has failed to stop in case of an accident or collision, and which is located either on public or private property, is subject to impoundment or immobilization by the Commercial Point Police Department.
(10) Any vehicle which has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked, and which is located upon a public street or other property open to the public for purposes of vehicular travel or parking, is subject to impoundment or immobilization by the Commercial Point Police Department.
(b) Limitations on Towing and Storage Expenses and Charges.
(1) Any vehicle removed under authority of division (a)(3) hereof shall be ordered into storage and/or disposed of as provided under R.C. §§ 4513.60 et seq.
(2) Any other vehicle removed under authority of this section shall be ordered into storage, and the Commercial Point Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage.
(c) Release of Vehicle.
(1) Impoundment.
A. A vehicle impounded under division (a)(1) of this section shall be released to the owner upon the owner or any lienholder of the vehicle presenting a valid certificate of title to the vehicle to the Parking Violations Bureau and upon the owner or lienholder either paying the payment of the judgments or default fault judgments and paying the fines, penalties, fees, and costs due on the parking violation(s) issued or outstanding or upon the owner or any lienholder of the vehicle posting a bond equal to the amount of any fine, fees, or costs associated with the parking violation; however, in no case shall the required bond be in excess of $1,000.
B. A vehicle impounded under any paragraph of division (a) of this section other than division (a)(1), which is impounded in connection with the commission of a parking violation requiring the payment of a fine, shall be released to the owner upon the owner or any lienholder of the vehicle presenting a valid certificate of title to the vehicle to the Parking Violations Bureau and upon the owner or lienholder either admitting the parking violation and paying the fine for said violation or upon the owner or lienholder posting a bond equal to the amount of any fine, fees, or costs associated with the parking violation; however, in no case shall the required bond be in excess of $1,000.
C. A vehicle impounded under any paragraph of division (a) of this section other than division (a)(1), which is not impounded in connection with the commission of a parking violation requiring the payment of a fine, shall be released to the owner upon the owner or any lienholder of the vehicle presenting a vehicle certificate of title to the vehicle to the Parking Violations Bureau.
D. Upon payment of any monies due under division (b) of this section or the posting of bond pursuant to this section, the owner or any lienholder of the vehicle may claim the vehicle from the place of storage upon presentation of proof of ownership, and the payment of all expenses, charges, or fines incurred with the place of storage for towing and storing the vehicle.
(2) Immobilization. A vehicle immobilized under division (a)(1) of this section shall be released to the owner upon the owner or any lienholder of the vehicle presenting a valid certificate of title to the vehicle to the Parking Violations Bureau and upon the owner or lienholder paying the payment of the judgments or default judgments, and any costs associated with immobilizing the vehicle, as set forth in the fee schedule found in § 244.99, and paying the fines, penalties, fees, and costs due on the parking
violation(s) issued or outstanding or upon the owner or any lienholder of the vehicle posting a bond equal to the amount of any fine, fees, or costs associated with the parking violation; however, in no case shall the required bond be in excess of $1,000.
(Ord. 2023-01, passed 4-11-2023)
Statutory reference:
Creation of noncriminal parking violations, see R.C. § 4521.02