(a) Definitions.
(1) "Motor vehicle" means every vehicle propelled or drawn by power other than muscular power, except road rollers, traction engines, power shovels, power cranes and other equipment used in construction work and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public street or highway at a speed of twenty-five miles per hour or less, threshing machinery, hay-bailing machinery and agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural and vegetable products.
(2) "Inoperable motor vehicle" means a motor vehicle, as defined in subsection (a) hereof, but for any reason not in a condition suitable or able to be driven upon the streets, roads and highways of the Village.
(3) "Unlicensed motor vehicle" means a motor vehicle not attached to a valid metal license tag from the proper licensing authorities of the State.
(4) "Premises" means both private property as well as roads, streets and highways, and other areas within the Village in use by the public in general.
(5) "Person" includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee.
(b) Inoperable or Unlicensed Vehicles on Private Property.
(1) No person shall abandon, discard, store or permit to be stored, or knowingly permit to remain on premises under his control, a motor vehicle or discarded parts of motor vehicles, which vehicle is unlicensed or inoperable within the meaning of this section.
(2) Whoever violates this section is guilty of creating a public nuisance.
(c) Notice to Comply; Time Limit.
(1) Upon occurrence of an abandoned vehicle, as described in subsection (b) hereof, the Police Department shall give written notice to the person having possession of the premises upon which an abandoned or inoperable motor vehicle is stored, whether the owner, lessee or agent, to have the motor vehicle or parts thereof, in operable condition and licensed within three days from the date of written notice. Such owner, lessee or agent shall not fail to comply within the three-day period.
(2) If such owner, lessee or agent has been found guilty of violating subsection (b) hereof within the past twelve months, upon any subsequent violation of that section no notice to comply need be given by the Police Department.
(d) Impounding Vehicle; Waiting Period and Disposal.
(1) Impoundment. Upon failure to comply with the three-day period specified in subsection (c) hereof or upon any subsequent violation of subsection (b) hereof within one twelve-month period as specified in subsection (c) hereof, the Police Department shall cause such abandoned or inoperable vehicle to be towed and moved, and shall store the same in either an area provided by the Village for such purpose or an area designated as a place of public storage. The cost of moving and storing such vehicle shall be assessed against the owner.
(2) Thirty-day period. In the event the owner cannot be located after due diligence, and within thirty days after storage upon the premises, such vehicle shall be disposed of in accordance with State law relating to abandoned and unlicensed vehicles.
(e) Exceptions. The provisions of this section shall not apply to any person who is duly licensed or authorized by any ordinances or regulations of the Village, to have and store unlicensed and inoperable motor vehicles or both on their premises. Specifically excluded herein are vehicles of a commercial wrecker service, automobile repair shop vehicles and motor vehicles of automobile dealers, both new and used.
(f) Leaving Junk and Other Vehicles on Private or Public Property Without Permission or Notification.
(1) No person shall willfully leave any vehicle or an "abandoned junk motor vehicle" as defined in Ohio R. C. 4513.63 on private property for more than seventy-two 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 the vehicle in such place.
(2) For purposes of this section, the fact that a vehicle has been so left without permission or notification is prima facie evidence of abandonment. Nothing contained in this section shall invalidate the provisions of other ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property or private property within the Municipality.
(g) Abandoned or Junk Vehicles on Public or Private Property. A police officer may order into storage any vehicle or "abandoned junk motor vehicle" as defined in Ohio R. C. 4513.63 which is left on private property for more than seventy-two 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 removal of an "abandoned junk motor vehicle" as defined in Ohio R. C. 4513.63, it shall be photographed by a law enforcement officer in the place where abandoned.
(h) Damaged Vehicles on Public Property. A police officer may order to a storage area any motor vehicle found upon public property damaged or wrecked which appears to be inoperable or abandoned.
(i) Mayor to Designate Storage Areas. The place of storage for impounded vehicles shall be designated by the Mayor who may designate one or more places for such purpose.
(j) Rules and Storage Agreements. The Mayor is further authorized to adopt rules and to enter into agreements with the owners or operators of places of storage as he may designate so as to provide compensation to such owners or operators. Such agreements shall be issued subject to cancellation at the sole discretion of the Mayor, and without the necessity of cause.
(k) Owner Liable for Storage Costs. The owner of any vehicle ordered into storage under the provisions of this section shall be liable to the Village for any costs of storage of such vehicle incurred by the Village.
(Ord. 1986-1. Passed 1-7-86.)
(l) Penalty. Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.