(a) Pounds. The Safety-Service Director is hereby authorized to regulate pounds which shall meet all the requirements set for towing companies in Chapter 761 of the Business Regulation Code.
(b) Police officers are authorized to provide for the removal 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 vehicle or "abandoned junk motor vehicle” as defined in Ohio R.C. 4513.63 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 disposal of an "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63, it shall be photographed by a law enforcement officer.
(3) When any vehicle has been stolen or operated without the consent of the owner and is located upon either public or private property.
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required plates and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
(5) When any vehicle has been used in or connected with the commission of a felony and is located upon either public or private property.
(6) 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, and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
(7) When any vehicle 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.
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision and is located either on public or private property.
(9) When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
(10) 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, and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
(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) Payment Under Protest. It shall be the duty of the officer or person in charge of any impounded vehicle to inform the owner or person claiming such vehicle of the nature and circumstances of the violation, or of the fine, for which the vehicle was impounded. If protest is made against the payment of any impounding or storage fee or any fine, the officer or person in charge of the pound shall mark upon the receipt evidencing payment of the impounding and storage fees and fine the words "paid under protest." In such case, it shall thereupon be the duty of the police officer having knowledge of the facts to make a report of the same to the Law Director, who shall bring appropriate criminal or civil proceedings against such owner as provided by law. Should the finding of the court be in favor of such owner, it shall be the duty of the Safety-Service Director to refund to such person whatever moneys have been paid under protest.
(e) Records. It shall be the duty of the Safety-Service Director to account for all fees collected under this section and to pay the same to the Clerk of the Municipal Court daily, accompanied by an itemized statement thereof. The Director shall also cause to be kept a record of the names of the owners of all vehicles impounded, the numbers of their State license tags, the nature and circumstances of each violation and the disposition of each case.
(Ord. 148-2022. Passed 10-17-22.)