(a) The Mayor is hereby authorized to create a vehicle pound or pounds to which vehicles may be removed by Police Officers or other authorized persons in a manner hereinafter provided. Said pound or pounds shall be located in such places as may be designated by the Mayor and shall be under the supervision of the Chief of Police.
(b) Police Officers are authorized to provide for the removal and impounding of a vehicle and/or placement of a vehicle immobilization device under the following circumstances:
(1) When any vehicle is left unattended on any street, bridge or causeway and is illegally parked so as to constitute a hazard or obstruction of the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations.
(2) When any vehicle other than an abandoned junk vehicle as defined in Ohio R.C. 4513.63 is left on private residential property as defined in Section 452.05
(b) or on private agricultural property, for at least four consecutive hours without the permission of the person having the right to possession of the property, or 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 for leaving such vehicle in such place.
(3) When any vehicle or “abandoned junk motor vehicle” as defined in Ohio R.C. 4513.63 is left on private property for more than forty-eight 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 the purpose 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 for the reasons for leaving such vehicle at 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 any felony;
(7) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code or the Ohio Revised 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 lawful license or while his/her license has been suspended or revoked;
(11) Any vehicles found for which two or more citation tags or violations of this Traffic Code have been issued and the owner/operator of the motor vehicle has failed to respond to such citation tags as lawfully required.
(c) Use of privately owned and operated towing vehicles under the direction of a member of the Police Division for this purpose is hereby authorized.
(d) It is the duty of the Police Officer or the person in charge of any impounded vehicle to inform the owner or other person claiming an impounded vehicle of the nature and circumstances of the violation for which the vehicle was impounded. If the owner or other person claiming the impounded vehicle furnishes evidence of his identity or ownership together with a receipt from the Clerk of the Municipal Court showing payment of all fees for violations for which the vehicle was impounded as well as the cost of impounding the vehicle, said vehicle shall be surrendered to him by the person in charge thereof, who shall issue a signed receipt for such impounded vehicle.
(e) All impounded motor vehicles except as set forth in this chapter shall be released to the owner or other person authorized by the owner to claim the motor vehicle upon the payment of a basic impounding charge of twenty-five dollars ($25.00), with a storage charge of ten dollars ($10.00) per day for the time such impounded vehicle was in storage, provided, however, that an additional service maintenance fee of thirty-five dollars ($35.00) shall be charged as a condition of the release of any motor vehicle which the owner has willfully failed to claim within one hundred twenty hours after the notice of impoundment has been mailed or personally given to the registered owner. Said person shall also be required to pay for towing services other than those described above, and for any service performed by the Village in order to properly maintain the impounded motor vehicle. Impounded motor vehicles which are stolen and abandoned by the thief, or which were disabled at the time of impoundment shall be released without charge at the discretion of the Police Chief after having established that motor vehicle was stolen or disabled at the time of its impoundment.
The owner or person entitled to possession of an impounded motor vehicle which is retained in Police custody for law enforcement purposes related to the original impoundment shall not be responsible for any impounding fees relating to the continuing possession of the motor vehicle by the municipality for law enforcement purposes.
(Ord. 35-2003. Passed 8-18-03.)
(f) Except as otherwise provided in this chapter, whenever any vehicle which has been impounded by a Police Officer remains in the possession of the Village, unclaimed by any person having the right to possession of such vehicle, for a period of 30 days, unless the vehicle has not been authorized to be released by a Court having jurisdiction over said vehicle as a result of a violation of Ohio R.C. Chapter 45 at which time the period shall be extended until the vehicle is released by the Court having jurisdiction over said vehicle, then the vehicle shall be sold under the direction of the Chief of Police at public auction to the highest bidder, after notice of such auction has been given by advertisement on the Village of Loudonville web site and social media account(s) (if any), twice a week for two consecutive weeks, or otherwise disposed of to a junk yard or other appropriate facility.
(1) At least fifteen days prior to such sale, a notice shall be mailed by certified mail, return receipt requested, to the owner of such motor vehicle, if ascertainable, and to all mortgage and lienholders of record, advising them of their rights to claim the vehicle upon payment of all towing, storage and impounding fees, and in addition thereto, the cost of any services performed by the municipality in order to properly maintain the impounded vehicle.
(2) In addition to junk yards, scrap metal processors who can guarantee that a junk motor vehicle shall never again appear back upon the municipal streets are hereby determined to be proper facilities relating to the disposition of junk motor vehicles as required by Ohio R.C. 4513.63.
(Ord. 44-2023. Passed 12-18-23.)
(g) Whoever violates 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.