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§ 95.02 IMPOUNDING MOTOR VEHICLE ON PUBLIC PROPERTY; NOTICE; DISPOSITION.
   (A)   The County Sheriff or Chief of Police, within the Sheriff’s or Chief’s respective territorial jurisdiction, or a state highway patrol trooper, upon notification to the Sheriff or Chief of Police of such action and of the location of the place of storage, may order into storage any motor vehicle, including an abandoned junk motor vehicle as defined in R.C. § 4513.63, that:
      (1)   Has come into the possession of the Sheriff, Chief of Police, or state highway patrol trooper as a result of the performance of the Sheriff’s, Chief’s, or trooper’s duties; or
      (2)   Has been left 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 hours or longer without notification to the Sheriff or Chief of Police of the reasons for leaving the motor vehicle in such place. However, when such a motor vehicle constitutes an obstruction to traffic it may be ordered into storage immediately unless either of the following applies:
         (a)   The vehicle was involved in an accident and is subject to R.C. § 4513.66, or any substantially equivalent municipal ordinance;
         (b)   The vehicle is a commercial motor vehicle. If the vehicle is a commercial motor vehicle, the Sheriff, Chief of Police, or state highway patrol trooper shall allow the owner or operator of the vehicle the opportunity to arrange for the removal of the motor vehicle within a period of time specified by the Sheriff, Chief of Police, or state highway patrol trooper. If the Sheriff, Chief of Police, or state highway patrol trooper determines that the vehicle cannot be removed within the specified period of time, the Sheriff, Chief of Police, or state highway patrol trooper shall order the removal of the vehicle.
      (3)   Subject to division (C) of this section, the Sheriff or Chief of Police shall designate the place of storage of any motor vehicle so ordered removed.
   (B)   If the Sheriff, Chief of Police, or a state highway patrol trooper issues an order under division (A) of this section and arranges for the removal of a motor vehicle by a towing service, the towing service shall deliver the motor vehicle to the location designated by the Sheriff or Chief of Police not more than two hours after the time it is removed.
   (C)   (1)   The Sheriff or Chief of Police shall cause a search to be made of the records of an applicable entity listed in R.C. § 4513.601(F)(1) to ascertain the identity of the owner and any lienholder of a motor vehicle ordered into storage by the Sheriff or Chief of Police, or by a state highway patrol trooper within five business days of the removal of the vehicle. Upon obtaining such identity, the Sheriff or Chief of Police shall send or cause to be sent to the owner or lienholder at the owner's or lienholder's last known address by certified or express mail with return receipt requested, by certified mail with electronic tracking, or by a commercial carrier service utilizing any form of delivery requiring a signed receipt. The notice shall inform the owner or lienholder that the motor vehicle will be declared a nuisance and disposed of if not claimed within ten days of the date of the sending of the notice.
      (2)   (a)   The owner or lienholder of the motor vehicle may reclaim the motor vehicle upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title or memorandum certificate of title to the motor vehicle, a certificate of registration for the motor vehicle, or a lease agreement. Upon presentation of proof of ownership evidenced as provided above, the owner of the motor vehicle also may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. However, a towing service or storage facility may charge an after-hours retrieval fee established by the Public Utilities Commission in rules adopted under R.C. § 4921.25 if the owner retrieves the personal items after hours, unless the towing service or storage facility fails to provide the notice required under R.C. § 4513.69(B)(3), if applicable. However, the owner shall not do either of the following:
            1.   Retrieve any personal item that has been determined by the Sheriff, Chief of Police, or a state highway patrol trooper, as applicable, to be necessary to a criminal investigation;
            2.   Retrieve any personal item from a vehicle if it would endanger the safety of the owner, unless the owner agrees to sign a waiver of liability.
         (b)   For purposes of division (C)(2) of this section, "personal items" do not include any items that are attached to the vehicle.
      (3)   If the owner or lienholder of the motor vehicle reclaims it after a search of the applicable records has been conducted and after notice has been sent to the owner or lienholder as described in this section, and the search was conducted by the place of storage, and the notice was sent to the motor vehicle owner by the place of storage, the owner or lienholder shall pay to the place of storage a processing fee of $25, in addition to any expenses or charges incurred in the removal and storage of the vehicle.
   (D)   If the owner or lienholder makes no claim to the motor vehicle within ten days of the date of sending the notice, and if the vehicle is to be disposed of at public auction as provided in R.C. § 4513.62 or any substantially equivalent municipal ordinance, the Sheriff or Chief of Police, without charge to any party, shall file with the Clerk of Courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of this section. Upon presentation of the affidavit, the Clerk, without charge, shall issue a salvage certificate of title, free and clear of all liens and encumbrances, to the Sheriff or Chief of Police. If the vehicle is to be disposed of to a motor vehicle salvage dealer or other facility as provided in R.C. § 4513.62 or any substantially equivalent municipal ordinance, the Sheriff or Chief of Police shall execute in triplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with. The Sheriff or Chief of Police shall retain the original of the affidavit for the Sheriff's or Chief's records, and shall furnish two copies to the motor vehicle salvage dealer or other facility. Upon presentation of a copy of the affidavit by the motor vehicle salvage dealer, the Clerk of Courts, within 30 days of the presentation, shall issue a salvage certificate of title, free and clear of all liens and encumbrances.
   (E)   Whenever a motor vehicle salvage dealer or other facility receives an affidavit for the disposal of a motor vehicle as provided in this section, the dealer or facility shall not be required to obtain an Ohio certificate of title to the motor vehicle in the dealer’s or facility’s own name if the vehicle is dismantled or destroyed and both copies of the affidavit are delivered to the Clerk of Courts.
   (F)   No towing service or storage facility shall fail to comply with this section.
(R.C. § 4513.61)
§ 95.03 DISPOSITION OF VEHICLE ORDERED INTO STORAGE.
   (A)   An unclaimed motor vehicle ordered into storage pursuant to § 95.01(A)(1) or § 95.02 subject to one of the following:
      (1)   The Police Chief may dispose of it with a motor vehicle salvage dealer or scrap metal processing facility as defined in R.C. § 4737.05, or with any other facility owned by or under contract with the municipality for the disposal of such motor vehicles.
      (2)   The Police Chief or a licensed auctioneer may sell the motor vehicle at public auction, after giving notice thereof by advertisement, published once a week for two successive weeks in a newspaper of general circulation in the county or as provided in R.C. § 7.16.
      (3)   A towing service or storage facility may obtain title to the motor vehicle in accordance with R.C. § 4505.104.
   (B)   Any moneys accrued pursuant to division (A)(1) or (A)(2) of this section that are in excess of the expenses resulting from the removal and storage of the vehicle shall be credited to the general fund of the municipality.
(R.C. § 4513.62)
§ 95.04 DISPOSITION OF ABANDONED JUNK MOTOR VEHICLES.
   (A)   ABANDONED JUNK MOTOR VEHICLE means any motor vehicle meeting all of the following requirements:
      (1)   The vehicle is left on private property for 48 hours or longer without the permission of the person having the right to the possession of the property, 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 hours or longer;
      (2)   The vehicle is three years old or older;
      (3)   The vehicle is extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, motor, or transmission;
      (4)   The vehicle is apparently inoperable; and
      (5)   The vehicle has a fair market value of $1,500 or less.
   (B)   The Police Chief shall order any abandoned junk motor vehicle to be photographed by a law enforcement officer. The officer shall record the make of motor vehicle, the serial number when available, and shall also detail the damage or missing equipment to substantiate the value of $1,500 or less. The Police Chief shall thereupon immediately dispose of the abandoned junk motor vehicle to a motor vehicle salvage dealer as defined in R.C. § 4738.01 or a scrap metal processing facility as defined in R.C. § 4737.05 which is under contract to the municipality, or to any other facility owned by or under contract with the municipality for the destruction of such motor vehicles. The records and photographs relating to the abandoned junk motor vehicle shall be retained by the law enforcement agency ordering the disposition of such vehicle for a period of at least two years. The law enforcement agency shall execute in quadruplicate an affidavit, as prescribed by the registrar of motor vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of R.C. § 4513.63 have been complied with, and, within 30 days of disposing of the vehicle, shall sign and file the affidavit with the Clerk of Courts of the county in which the motor vehicle was abandoned. The Clerk of Courts retains the original of the affidavit for his or her files, furnishes one copy thereof to the registrar, one copy to the motor vehicle salvage dealer or other facility handling the disposal of the vehicle, and one copy to the law enforcement agency ordering the disposal, who shall file such copy with the records and photograph relating to the disposal. Any monies arising from the disposal of an abandoned junk motor vehicle shall be deposited in the general fund of the municipality.
   (C)   Notwithstanding § 95.02, any motor vehicle meeting the requirements of division (A)(2), (3) and (5) of this section which has remained unclaimed by the owner or lienholder for a period of ten days or longer following notification as provided in § 95.02 may be disposed of as provided in this section.
(R.C. § 4513.63)
§ 95.05 PROHIBITION AGAINST ABANDONMENT OF JUNK MOTOR VEHICLE.
   (A)   (1)   No person shall willfully leave an abandoned junk motor vehicle as defined in § 95.04 on private property for more than 72 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 hours or longer without notification to the Police Chief of the reason for leaving the motor vehicle in such place.
      (2)   For purposes of this section, the fact that a motor vehicle has been so left without permission or notification is prima facie evidence of abandonment.
      (3)   Nothing contained in §§ 95.01, 95.02 and 95.04 and R.C. §§ 4513.60, 4513.61 and 4513.63 shall invalidate or prevent the enactment of further provisions of municipal ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property, or private property within the municipality.
   (B)   Whoever violates this section is guilty of a minor misdemeanor and shall also be assessed any costs incurred by the municipality in disposing of the abandoned junk motor vehicle that is the basis of the violation, less any money accruing to the municipality from the disposal of the vehicle.
(R.C. § 4513.64)
§ 95.06 JUNK MOTOR VEHICLE; ORDER TO COVER OR REMOVE; NOTICE; EXCEPTIONS.
   (A)   (1)   As used in this section, JUNK MOTOR VEHICLE means any motor vehicle meeting the requirements of § 95.04(A)(2), (A)(3), (A)(4) and (A)(5) that is left uncovered in the open on private property for more than 72 hours with the permission of the person having the right to possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under the authority of R.C. §§ 4737.05 through 4737.12, or otherwise regulated under authority of a political subdivision; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation; or if the motor vehicle is a collector's vehicle.
      (2)   The municipality shall not prevent a person from storing or keeping, or restrict him or her in the method of storing or keeping, any collector’s vehicle on private property with the permission of the person having the right to the possession of the property, except that the municipality may require a person having such permission to conceal, by means of buildings, fences, vegetation, terrain, or other suitable obstruction, and any unlicensed collector’s vehicle stored in the open.
      (3)   The Police Chief, the Legislative Authority, or the zoning authority may send notice, by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
      (4)   No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima facie evidence of willful failure to comply with the notice, and each subsequent period of 30 days that a junk motor vehicle continues to be so left constitutes a separate offense.
   (B)   Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4513.65)