CHAPTER 353
Junk and Abandoned Vehicles
353.01   Definitions.
353.02   Inoperable or unlicensed vehicles on private property.
353.03   Notice to comply; time limit.
353.04   Impounding vehicle; waiting period and disposal.
353.05   Exceptions.
353.06   Leaving junk and other vehicles on private or public property without permission or notification.
353.07   Abandoned or junk vehicles on public or private property.
353.08   Damaged vehicles on public property.
353.09   City Manager to designate storage areas.
353.10   Rules and storage agreements.
353.11   Owner liable for storage costs.
353.99   Penalty.
 
CROSS REFERENCES
Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.62 et seq.
Impounding of vehicles - see TRAF. Ch. 307
 
 
353.01 DEFINITIONS.
   As used in this chapter, the following definitions apply:
   (a)    "Motor vehicle" means every vehicle propelled or drawn by power other than muscular power, except road rollers, traction engines, power shovels, power cranes and other equipment used in construction work and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public street or highway at a speed of twenty-five miles per hour or less, threshing machinery, hay-bailing machinery and agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural and vegetable products.
      (ORC 4511.01(B); Ord. 605. Passed 3-26-81.)
   (b)    "Inoperable motor vehicle" means a motor vehicle, as defined in subsection (a) hereof, whether covered or uncovered which meets any three of the following requirements:
      (1)   Is three years or older;
      (2)    Is extensively damaged; such damage including but not limited to any of the following: missing wheels, tires, motor or transmission;
      (3)    Does not comply with all safety law and equipment provisions for motor vehicles as found in Chapter 337;
      (4)    Has a fair market value as provided in Ohio R.C. 4513.63 or less; or
      (5)    Is not running and not operable. ("Operable" meaning able to be started and driven under its own power).
         (Ord. 976-92. Passed 7-9-92.)
   (c)    "Unlicensed motor vehicle" means a motor vehicle not having attached thereto a valid metal license tag from the proper licensing authorities of the State of Ohio.
   (d)    "Premises" means both private property as well as roads, streets and highways, and other areas within the City in use by the public in general.
   (e)    "Person" includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee.
353.02 INOPERABLE OR UNLICENSED VEHICLES ON PRIVATE PROPERTY.
   (a)    No person shall abandon, discard, store or permit to be stored, or knowingly permit to remain on premises under his control, a motor vehicle or discarded parts of motor vehicles, which vehicle is unlicensed or inoperable within the meaning of this chapter.
(Ord. 517. Passed 5-24-79.)
   (b)    If any law enforcement officer or community service officer shall observe a motor vehicle which appears to be unlicensed or inoperable within the meaning of this chapter in the open on private or public property including the streets, roads and highways of the City for three or more days, such officer shall be deemed to have probable cause to enter into and on such public or private property to investigate violations of this chapter.
   (c)    Whoever violates this section is guilty of creating a public nuisance.
(Ord. 976-92. Passed 7-9-92.)
353.03 NOTICE TO COMPLY; TIME LIMIT.
   (a)    Upon the occurrence of an inoperable or unlicensed vehicle, as described in Section 353.02, the Police Department shall give written notice to the person having possession of the premises upon which such unlicensed or inoperable motor vehicle is located, whether the owner, lessee, or agent, to have the motor vehicle or parts thereof, in operable condition and licensed within three days from the date of written notice. Such owner, lessee or agent shall not fail to comply within the three day period. (Ord. 976-92. Passed 7-9-92.)
 
   (b)    If such owner, lessee or agent has been found guilty of violating Section 353.02 within the past twelve months, upon any subsequent violation of that section no notice to comply need be given by the Police Department. (Ord. 517. Passed 5-24-79.)
353.04 IMPOUNDING VEHICLE; WAITING PERIOD AND DISPOSAL.
   (a)    Impoundment. Upon failure to comply with the three-day period specified in Section 353.03 or upon any subsequent violation of Section 353.02 within one twelve-month period as specified in Section 353.03, the Police Department shall cause such abandoned or inoperable vehicle to be towed and moved, and shall store the same in either an area provided by the City for such purpose or an area designated as a place of public storage. The cost of moving and storing such vehicle shall be assessed against the owner.
   (b)    Thirty-Day Period. In the event the owner cannot be located after due diligence, and within thirty days after storage upon the premises, such vehicle shall be disposed of in accordance with State law relating to abandoned and unlicensed vehicles.
(Ord. 517. Passed 5-24-79.)
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