(A) No person, firm or entity shall leave any inoperative, junked, wrecked, partially dismantled or abandoned junk motor vehicle on any alley, street or highway or upon public property of any kind within the village for more than 24 hours.
(B) No person, firm or entity shall leave any inoperative, junked, wrecked, partially dismantled or abandoned junk motor vehicle on any private property for more than 24 hours without the permission of the person having the right to the possession of the property. For purposes of this division, the fact that a motor vehicle has been so left without permission or notification is prima-facie evidence of abandonment.
(C) No person, firm or entity having right to possession of any property within the village whether as owner, tenant, occupant, licensee, invitee, or otherwise, shall allow any inoperative, junked, wrecked, partially dismantled or abandoned junk motor vehicle to remain on the possessed property for more than 72 hours. This division shall not apply to vehicles enclosed in a structure, or to commercial garages, repair shops, used car dealers, or junk yards operating in a lawful manner according to ordinance and statutes which may apply.
(D) Upon the complaint of any person adversely affected, the Chief of Police may order into storage any motor vehicle that has been left for at least four hours without the permission of the person having the right to the possession of the property. When ordering a motor vehicle into storage pursuant to this division, the Chief of Police shall, whenever possible, arrange for the removal of such motor vehicle by a private tow truck operator or towing company. The owner of a motor vehicle that has been removed pursuant to this division may recover the vehicle by paying any and all expenses, fines, court costs, or charges incurred in its removal and storage, and only upon proof of ownership presented to the Chief of Police. If a motor vehicle that is ordered into storage remains unclaimed by the owner for 30 days, the procedures established by R.C. §§ 4513.61 and 4513.62 shall apply.
(E) “ABANDONED JUNK MOTOR VEHICLE” as used in this section shall have the definition and meaning set forth in R.C. § 4513.63, except that the period for establishing abandonment shall be reduced from 72 hours as to private property and 48 hours as to public property to 24 hours as to all types of property.
(F) “JUNK MOTOR VEHICLE” as used in this section shall have the definition and meaning set forth in R.C. § 4513.65.
(G) “CHIEF OF POLICE” as used in this section shall have the definition and meaning of any law enforcement of the village who shall have the designated authority from the Chief of Police to act under this section and shall include all on duty law enforcement officers of the village.
(H) The Chief of Police shall order any abandoned junk motor vehicle, or any other vehicle violating the terms of this section into storage and said vehicles shall be held and disposed of in accordance with the provisions of R.C. §§ 4513.62 and 4513.63, and R.C. § 737.29 et seq. The provisions of R.C. § 4513.65 as to notice to persons having the right to possession of property on which a junk motor vehicle is left shall apply in all cases of junk motor vehicles, as well as the provision that non-compliance with the notice for subsequent periods of 30 days constitute separate offenses under this section.
(I) No owner or operator of any motor vehicle ordered into storage hereunder shall remove or attempt to remove any stored motor vehicle without complying fully with all requirements of this section. Possession or control of a motor vehicle which as been removed without such compliance shall constitute prima facie evidence that the motor vehicle was removed by the owner or operator.
(J) Any person, firm or entity violating any provision of this section for which no other penalty is provided, is guilty of a minor misdemeanor for a first offense, and for a second offense within one year after the first offense, is guilty of a misdemeanor of the fourth degree. For all subsequent offenses the violator is guilty of a misdemeanor of the third degree.
(K) The definitions appearing in §§ 10.02, 70.01 and 130.02 of the Basic Code of Ordinances for the village shall be employed for all purposes of this section except as may otherwise be defined within the terms of this section or adopted by reference from the Ohio Revised Code.
(Ord. 1658, passed 1-7-91)