§ 404.05 IMPOUNDING OF VEHICLES; REDEMPTION.
   (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, other than an abandoned junk motor vehicle, as defined in Ohio R.C. § 4513.63, is left on private residential property, as defined in § 452.05, 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;
      (3)   When any abandoned junk motor vehicle is left on private property for more than 72 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 48 consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place;
      (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 divisions (a)(2) or (3) shall be ordered into storage at an impound lot in the village unless the Chief of Police determines that special circumstances exist requiring storage elsewhere 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 at an impound lot in the village unless the Chief of Police determines that special circumstances exist requiring storage elsewhere and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefore 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 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. Unclaimed vehicles, other than those disposed of pursuant to Ohio R.C. § 4513.60 et seq., as aforesaid, shall be disposed of pursuant to § 606.24 or Ohio R.C. § 737.32.
   (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)   Towing and storage charges are hereby established as follows:
 
Service
Charge
Day tow
$70
Night tow
$70
Storage
$10 per day
Use of flatbed truck
$70
Use of winch or other equipment or extra labor
$ 2 per feet for winching, other work at the discretion of the Chief of Police, based on equipment and labor costs
 
   (e)   The Chief of Police is hereby authorized to adjust the foregoing charges in accordance with the charges of private towers utilized by the municipality. However, such adjustments shall not exceed 50 percent of the aforesaid charges without authorization of Council.
   (f)   If the owner of an impounded motor vehicle files with the Village Administrator a statement under oath that the vehicle had been stolen and abandoned by the thief or that the vehicle had been disabled, the Administrator is hereby authorized to remit all or any part of the storage or impounding charge.
   (g)   The owner of private property may establish a private tow-away zone pursuant to § 452.055. The removal, impounding and redemption of any vehicle from a private tow-away zone shall be conducted under § 452.055 and Ohio R.C. § 4513.60.
(Ord. 96-30, passed 5-21-1996; Am. Ord. 01-10, passed 3-20-2001)