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(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, 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;
(Ord. 81-252. Passed 10-19-81.)
(2) When any motor vehicle, including an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, is left on private residential property, as defined in Ohio R.C. 4513.60, or on private agricultural property, for at least four 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 upon or within the right-of-way of any road or highway, for 48 consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place, except that when such a motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately;
When a person causes a motor vehicle to be towed, under this subsection, the responsibility for the towing and the cost for the towing shall be borne by the owner of such vehicle.
When the owner or person having control of the property causes a motor vehicle to be towed under this subsection, such person must notify the Police Division of the tow and of the license number of the motor vehicle being removed.
(3) When any vehicle has been stolen or operated without the consent of the owner;
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
(5) When any vehicle has been used in or connected with the commission of a felony;
(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;
(7) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(9) 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;
(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.
(11) When any vehicle has been parked for more than one hour in excess of the time allowed for parking.
(12) When any vehicle lack equipment required by law.
(13) When any vehicle is left unattended upon any City parking lot under contract parking only.
(14) When any vehicle is left unattended upon any sidewalk and is so illegally parked as to constitute a hazard or obstruction to the normal movement of pedestrian traffic or to interfere with the movement to and from emergency, fire or other exits of any building.
(b) The Division of Police shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Division of Police to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(c) No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which has been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima facie evidence that it was so removed by the owner or operator.
(d) The Safety Service Director, or the designee of the Safety Service Director, is authorized to provide for the removal and impounding of a nuisance motor vehicle as provided in Section 521.10, four days after the posting on the vehicle of the notice required by Section 521.10(b)(2). The cost for the towing shall be borne by the owner of such vehicle or the owner of the premises from which any such vehicle is removed. The Police Division shall be notified of the tow and of the license number of the motor vehicle being removed.
(e) Whoever violates this section is guilty of a minor misdemeanor and shall also be assessed any cost incurred by the Municipality in disposing of such abandoned junk motor vehicle or nuisance motor vehicle, less any money accruing to the Municipality from disposal.
(Ord. 81-252. Passed 10-19-81; Ord. 2004-153. Passed 10-13-04.)