(a) Impoundment or Immobilization.
(1) Any person that is the owner of one (1) vehicle, or multiple vehicles, who receives a total of three (3) or more parking violations, on any one particular (1) vehicle, or on any combination of vehicles owned by the person, in which unsatisfied judgments, or unsatisfied default judgments, have been entered against the person by the Parking Violations Bureau, or which unresolved violations have been filed against the owner in the Marietta Municipal Court, pursuant to Section 353.08 of this Chapter, is subject to having any vehicle owned by the owner, impounded or immobilized by the Marietta City Police Department. Impoundment or immobilization may be made against any vehicle owned by the owner who has received three (3) or more parking violations, even if the vehicle being impounded or immobilized, may never have been the subject of a parking violation. Impoundment or immobilization pursuant to this division is also permitted without regard to whether the vehicle being impounded or immobilized is legally parked at the time of the impoundment or immobilization.
(Ord. 188(22-23). Passed 2-2-23.)
(2) Any vehicle that is left unattended upon any street, bridge or causeway, and which is illegally parked so as to constitute a danger to persons or property or an obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations, as more fully set forth in Chapters 351 and 355 herein respectively, is subject to impoundment or immobilization by the Marietta Police Department.
(3) Any vehicle or "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63 which is left on private 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 without notification to the Marietta Police Department of the reasons for leaving such vehicle in such place, is subject to impoundment or immobilization by the Marietta Police Department. Prior to disposal of an "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63, it shall be photographed by a Marietta police officer.
(4) Any vehicle which has been stolen or operated without the consent of the owner, and which is located upon either public or private property, is subject to impoundment or immobilization by the Marietta Police Department.
(5) Any vehicle which displays illegal license plates or fails to display the current lawfully required plates, and which is located upon any public street or other property open to the public for purposes of vehicular travel or parking, is subject to impoundment or immobilization by the Marietta Police Department.
(6) Any vehicle which has been used in or connected with the commission of a felony, and which is located upon either public or private property, is subject to impoundment or immobilization by the Marietta Police Department.
(7) Any vehicle which has been damaged or wrecked so as to be inoperable or to violate equipment provisions of this Traffic Code whereby its continued operation would constitute a condition hazardous to life, limb or property, and which is located upon any public street or other property open to the public for purposes of vehicular travel or parking, is subject to impoundment or immobilization by the Marietta Police Department.
(8) Any vehicle which is left unattended either on public or private property due to the removal of an ill, injured or arrested operator, or due to the abandonment thereof by the operator during or immediately after pursuit by a law enforcement officer, is subject to impoundment or immobilization by the Marietta Police Department.
(9) Any vehicle which has been operated by any person who has failed to stop in case of an accident or collision, and which is located either on public or private property, is subject to impoundment or immobilization by the Marietta Police Department.
(10) Any vehicle which has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked, and which is located upon a public street or other property open to the public for purposes of vehicular travel or parking, is subject to impoundment or immobilization by the Marietta Police Department.
(b) Limitations on Towing and Storage Expenses and Charges.
(1) Any vehicle removed under authority of division (a)(3) hereof shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq.
(2) Any other vehicle removed under authority of this section shall be ordered into storage, and the Marietta Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage.
(3) Except as hereinafter provided in subdivision (b)(4), the total expenses and charges imposed in connection with the towing of a vehicle under any division of subsection (a) of this section shall not exceed one hundred twenty-nine dollars ($129.00), and the total expenses and charges imposed in connection with the storage of a vehicle so towed shall not exceed seventeen dollars ($17.00) per twenty-four hour period.
(4) Notwithstanding the general limitation established by subdivision (b)(3) above, the total expenses and charges imposed in connection with the towing of a vehicle under any division of subsection (a) of this section which has a manufacturer's gross vehicle weight rating in excess of 10,000 pounds, and which is a truck, bus or a combination of a commercial tractor and trailer or semitrailer, shall not exceed two hundred sixteen dollars ($216.00), and the total expenses and charges imposed for storage of such a vehicle shall not exceed twenty-nine dollars ($29.00) per twenty-four hour period.
(c) Release of Vehicle.
(1) Impoundment.
A. A vehicle impounded under subsection (a)(1) of this section shall be released to the owner upon the owner or any lienholder of the vehicle presenting a valid certificate of title to the vehicle to the Parking Violations Bureau and upon the owner or lienholder either paying the payment of the judgments or default fault judgments and paying the fines, penalties, fees, and costs due on the parking violation(s) issued or outstanding or upon the owner or any lienholder of the vehicle posting a bond equal to the amount of any fine, fees, or costs associated with the parking violation; however, in no case shall the required bond be in excess of one thousand dollars ($1,000).
B. A vehicle impounded under any division of subsection (a) of this section other than subsection (a)(1), which is impounded in connection with the commission of a parking violation requiring the payment of a fine, shall be released to the owner upon the owner or any lienholder of the vehicle presenting a valid certificate of title to the vehicle to the Parking Violations Bureau and upon the owner or lienholder either admitting the parking violation and paying the fine for said violation or upon the owner or lienholder posting a bond equal to the amount of any fine, fees, or costs associated with the parking violation; however, in no case shall the required bond be in excess of one thousand dollars ($1,000).
C. A vehicle impounded under any division of subsection (a) of this section other than subsection (a)(1), which is not impounded in connection with the commission of a parking violation requiring the payment of a fine, shall be released to the owner upon the owner or any lienholder of the vehicle presenting a vehicle certificate of title to the vehicle to the Parking Violations Bureau.
D. Upon payment of any monies due under subsection (b)(1)A, (b)(1)B or (b)(1)C or the posting of bond pursuant to this section, the owner or any lienholder of the vehicle may claim the vehicle from the place of storage upon presentation of proof of ownership, and the payment of all expenses, charges, or fines incurred with the place of storage for towing and storing the vehicle, subject to the limitations on towing and storage expenses and charges set forth in subsection (b).
(2) Immobilization. A vehicle immobilized under subsection (a)(1) of this section shall be released to the owner upon the owner or any lienholder of the vehicle presenting a valid certificate of title to the vehicle to the Parking Violations Bureau and upon the owner or lienholder paying the payment of the judgments or default fault judgments, and any costs associated with immobilizing the vehicle, as set forth in the fee schedule found in Section 353.12 of this Chapter, and paying the fines, penalties, fees, and costs due on the parking violation(s) issued or outstanding or upon the owner or any lienholder of the vehicle posting a bond equal to the amount of any fine, fees, or costs associated with the parking violation; however, in no case shall the required bond be in excess of one thousand dollars ($1,000.00).
Statutory Reference: ORC 4521.02
(Ord. 230(20-21). Passed 6-3-21.)