404.07  IMPOUNDING PROCEDURES; REDEMPTION.
   (a)   Vehicle Pounds.
      (1)   The Director of Public Service is hereby authorized and directed, in the interest of public welfare, to examine, from time to time, the facilities and general condition of garages and other places suitable for the towing and storage of motor vehicles which may be impounded and to solicit prices from such garages and other places.  After having obtained what, in his judgment, is the lowest price therefor in keeping with the facilities which necessarily must be provided for the protection of the owners of such motor vehicles, the Director shall enter into a contract with the person owning or operating such garage or other place for the service of safely towing and storing impounded motor vehicles.  Such contract shall include a unit price, based upon mileage as to the towing charge and a daily storage rate, so that the charge made to the owner of an impounded motor vehicle shall be the lowest possible, with the greatest safety to such vehicles and the least inconvenience to the owners thereof.
      (2)   The Director is hereby further authorized and directed, in the interest of public welfare and the implementation of Ohio R.C. 4507.02 and 4511.19 and Sections 434.01 and 436.07 of this Traffic Code, to operate and maintain an impound lot for the purpose of the impoundment and the storage of motor vehicles lawfully impounded by reason of any section of these Codified Ordinances or the Ohio Revised Code, or by action of any law enforcement agency pursuant to Ohio R.C. 4507.02 or 4511.19 or Section 434.01 or 436.07 of this Traffic Code, and to enter into all contracts reasonably necessary to operate and maintain such impound lot.
      (3)   The Director is hereby further authorized and directed to solicit prices from, and enter into contracts with, towing companies for the purpose of safely towing lawfully impounded vehicles to the impound lot operated and maintained by the City.  Such contracts shall be upon such terms and contain such specifications and requirements as deemed reasonably necessary by the Director to provide the service required at a reasonable and competitive rate.
(Ord. 93-61.  Passed 11-15-93.)
   (b)   Procedure.  Any police officer of the City is hereby authorized to cause to be removed from the streets or sidewalks or from any public and private property in the City any motor vehicle for any of the reasons outlined in Section 404.06 by placing a written order therefor with the Desk Sergeant on duty at the Police Station. Such Sergeant shall log the same and place the impounding order with the person with whom the Director of Public Service has contracted for such service. Any such motor vehicle so impounded shall be detained in storage until the owner or other person in charge of such vehicle secures an order from the Desk Sergeant authorizing the release of such vehicle.
   (c)   Notice and Redemption.  The Police Division shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Division to furnish satisfactory evidence of identity and ownership or right to possession.  Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(Ord. 80-74.  Passed 8-18-80.)
   (d)   Towing and Storage Charges.
      (1)   The expense of such removal, towing and storage as provided for in division (b) shall be borne directly by the owner or person in charge of the impounded motor vehicle and shall be paid directly to the person designated by the Director and in accordance with the schedule of towing and storage charges as contracted for by the Director, before the vehicle is removed from the place of storage.
      (2)   The expense of removal, towing and storage of motor vehicles impounded by reason of Ohio R.C. 4507.02 or 4511.19 or Section 434.01 or 436.07 of this Traffic Code, as well as the expenses of impoundment for any violation of these Codified Ordinances, shall be borne directly by the owner or person in control of the impounded motor vehicle.  Such expenses shall be paid directly to the Director or his or her designee and shall be in accordance with the schedule of towing and storage fees as set by the Director.  Such fees shall be established from time to time by the Director and posted at the impound lot.  Such fees shall be paid prior to the release of an impounded vehicle from storage.
(Ord. 93-61.  Passed 11-15-93.)
   (e)   Liability of Owner for Damage.  The towing and storage of such motor vehicle impounded as herein provided shall be at the risk of the owner or person in charge of such vehicle and there shall be no liability on the part of the City for any damage caused by such removal and storage.
   (f)   Liability of Owner for Penalties.  The removal and storage of an impounded vehicle and the payment of the charges for removal and storage thereof shall not release the owner or person in charge of such vehicle from any penalties which may be imposed for the violation of any of the provisions of this Traffic Code or of State law, for which violation the vehicle was impounded.
   (g)   Vehicles Mistakenly Impounded.  In any case where a motor vehicle has been impounded due to a mistake of fact or law, the Director of Public Safety, after ascertaining the facts, may cause a voucher of the City to be drawn, payable to the proper person.
(Ord. 80-74.  Passed 8-18-80.)