For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) A vehicle parked or otherwise located on the public way and in such a state of disrepair that it is incapable of being driven; or that has been unmoved for a period of at least 24 hours and from its condition, the period during which it has not been moved or some other circumstance appears to have been, and will be presumed to have been, abandoned by its owner;
(2) Vehicles parked in a public parking lot or on private property without the consent of the lot owner, proprietor or agent of the property, which person has requested that the vehicle be towed; or
(3) A vehicle defined as abandoned, or capable of being towed, by any other ordinances of the municipality, and which does not fall into the categories of “hazardous” or “unlawful” vehicles and, therefore, is not subject to an immediate tow.
HAZARDOUS VEHICLE.
(1) A vehicle that has been involved in an accident and is disabled or cannot be immediately moved by the owner or operator of the vehicle;
(2) A vehicle that presents an immediate danger to the health or welfare of the members of the public;
(3) A vehicle abandoned or disabled on a public street, way or alley that is impeding the orderly flow of traffic or poses a potential danger to pedestrians and other operators of vehicles; or
(4) A vehicle that must be moved to allow for proper municipal snow removal from a public street, way or alley.
OWNER. A person who holds legal title to the vehicle, or the right of possession of the vehicle.
VEHICLE. Any device in, upon or by which any person or property is or may be transported or drawn upon a street, highway or any public way, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles.
UNLAWFUL VEHICLE.
(1) A vehicle that has been reported stolen or is the subject of a search and seizure by the Police Department; or
(2) A vehicle parked in violation of state statutes or ordinances of the municipality which prohibit parking at the location in question or for the period of time for which the vehicle has been parked, and where either the statute or the ordinance authorize the vehicle to be towed and the signs posted at the general location note that fact.
(Prior Code, § 90.25) (Ord. 85-O-1183, passed 7-3-1985)