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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;
(2) When any motor vehicle, including an 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 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, except than when such a motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately;
(3) When any vehicle is left on private property in violation of Section 351.055;
(4) When any vehicle has been stolen or operated without the consent of the owner;
(5) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
(6) When any vehicle has been used in or connected with the commission of a felony;
(7) 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;
(8) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
(9) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(10) 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;
(11) 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.
(b) Any vehicle removed under authority of paragraph (a)(2) or (3) 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 authority of this section shall be ordered into storage and 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. 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 issuance of a release form, the claimant, owner or operator shall pay a twenty dollar ($20.00) administrative fee to the City of Euclid Police Department and 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.
(Ord. 239-2008. Passed 12-1-08.)
(a) Police officers shall direct or regulate traffic in accordance with the provisions of this Traffic Code, provided that in the event of fire or other emergency or to expedite traffic or safeguard pedestrians, they are authorized to direct traffic as conditions may require notwithstanding the provisions of this Traffic Code. Fire-fighters, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. The direction of traffic may be by word or audible signal, by gesture or visible signal or by any combination thereof. No person shall fail to comply with any lawful order or direction of any police officer or fire-fighter issued pursuant to this section.
(b) No person shall fail to comply with any lawful order or direction of any school crossing guard invested with authority to direct, control or regulate traffic in the vicinity of the school to which such guard may be assigned.
The provisions of this Traffic Code applicable to the drivers of vehicles shall apply to the drivers of all vehicles owned or operated by the United States, any state or any political subdivision thereof, including this Municipality, except as may be otherwise provided by law and subject to such specific exceptions as are set forth with reference to authorized emergency and public safety vehicles.
A law enforcement officer may remove the ignition key left in the ignition switch of an unlocked and unattended motor vehicle parked on a street or highway. The officer removing the key shall place notification upon the vehicle detailing his or her name and badge number, the place where the key may be reclaimed, and the procedure for reclaiming the key. The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership.
(ORC 4549.05)
The driver of any motor vehicle which has been checked by radar or by any electrical or mechanical timing device to determine the speed of the motor vehicle over a measured distance of the highway, and which has been found to be in violation of any of the provisions of this Traffic Code, may be arrested until a warrant can be obtained, provided that such officer has observed the recording of the speed of such motor vehicle by radio microwaves or an electrical or mechanical timing device or has received a radio message from the officer who observed the speed of the motor vehicle recorded by radio microwaves or an electrical or mechanical timing device, and provided, further, that in case of an arrest based on such a message, such radio message has been dispatched immediately after the speed of the motor vehicle was recorded and the arresting officer has been furnished a description of the motor vehicle for proper identification and the recorded speed.
(ORC 4511.091; Ord. 9-1968. Passed 1-2-68.)
Nothing in this Traffic Code shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right, from prohibiting such use or from requiring additional conditions to those specified in this Traffic Code, or otherwise regulating such use as may seem best to such owner.
(ORC 4511.08; Ord. 7504. Passed 2-16-42.)
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