(a) Any law enforcement officer is authorized to remove or cause the removal of a vehicle from the streets, highways, sidewalks or other property open to the public for the purpose of vehicular traffic or parking 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 forty-eight 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.
(11) Any law enforcement officer investigating an accident, a disabled vehicle or an unauthorized spill, release or discharge of material into or upon the environment may order the removal of the vehicle from the scene of the accident if such vehicle constitutes a hazard to traffic flow or to safety. The officer may order any appropriate equipment needed to move such vehicle or to remove its cargo or debris.
(b) Any vehicle removed under authority of subsection (a)(2) hereof shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq. Any other vehicle removed under authority of this section shall be ordered into storage and the Village police 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 follow the procedures established by Section 303.083 of the Codified Ordinances.
(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) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(e) Prosecution for Violations. The removal and storage of a vehicle impounded, and the payment of the expense of removal and storage of a vehicle so impounded shall not release the owner, chauffeur, driver or other person in charge of such vehicle from penalties imposed for violation of this Traffic Code or any other village ordinances.
(f) Damage During Removal or Storage. The removal by a police officer of a vehicle via a private tow service for any of the reasons mentioned above shall be at the risk of the owner or person in charge thereof and there shall be no liability on the part of the Village or such police officer for any damage caused by such removal. The storage of any vehicle when impounded by the Village shall be at the risk of the driver or owner thereof, and the Village shall not be liable for damage of any nature or the theft or destruction by fire of any vehicle so impounded. All officers who order the tow of a vehicle shall conduct an inventory of the contents of that vehicle in accordance with departmental policy and shall be reported on a New Middletown Police Department Towed Auto Form. Officers shall note the condition and any damage to the vehicle in the same report. When practicable, photographs may be taken and attached to the report.
(Ord. 2021-05. Passed 4-12-21.)