(a) (1) The Chief of Police shall maintain a record of motor vehicles that the Chief orders into storage pursuant to Section 303.08 and Section 303.081 of this chapter. The record shall include an entry for each such motor vehicle that identifies the motor vehicle's license number, make, model and color, the location from which it was removed, the date and time of the removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. The Chief of Police shall provide any information in the record that pertains to a particular motor vehicle to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.
(2) Any person who registers a complaint that is the basis of the Police Chief's order for the removal and storage of a motor vehicle under Section 303.081(a)(1) shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.
A. Payment of all applicable fees established by the Public Utilities Commission in rules adopted under Ohio R.C. 4921.25 or, if the vehicle was towed within a municipal corporation that has established fees for vehicle removal and storage, payment of all applicable fees established by the municipal corporation.
B. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle, a certificate of registration for the motor vehicle, or a lease agreement, a copy of the driver's license, and valid insurance on the impounded vehicle. A completed court form permitting release of the vehicle or a judicial entry may be required predicated on the type of hold placed on the vehicle.
When the owner of a vehicle towed under this section retrieves the vehicle, the towing service or storage facility in possession of the vehicle shall give the owner written notice that if the owner disputes that the motor vehicle was lawfully towed, the owner may be able to file a civil action under Ohio R.C. 4513.611.
(2) Upon presentation of proof of ownership as required under subsection (b)(1)B. of this section, the owner of a motor vehicle that is ordered into storage under Section 303.08 or Section 303.081 may retrieve any personal items from the motor 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 Ohio 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 division (B)(3) of Ohio R.C. 4513.69, if applicable. The owner of a motor vehicle shall not do either of the following:
A. Retrieve any personal item that has been determined by the Chief of Police to be necessary to a criminal investigation;
B 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.
For purposes of subsection (b)(2) of this section, "personal items" do not include any items that are attached to the motor vehicle.
(3) If a motor vehicle that is ordered into storage pursuant to Section 303.081 remains unclaimed by the owner for thirty days, the procedures established by Ohio R.C. 4513.61 and 4513.62 apply.
(c) Expense of Removal, Clean-up and Storage. The actual expense of removal or unloading of any vehicle including commercially registered vehicles, attached vehicle, or its load will be assessed the owner or agent of said vehicle or property. The Village and private tow company shall be reimbursed for all actual expense incurred for use of service for special equipment, labor, security, traffic direction and clean-up necessary for recovery of the vehicle or its load. 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. The actual expense for the removal or unloading of any vehicle and/or load will be assessed to the owner or to the agent of the owner of said vehicle or property. The Village and private tow company shall be reimbursed for all actual expense incurred for special equipment, labor, security, traffic direction and clean-up necessary for recovery of the vehicle or its load. Any person responsible for causing or allowing an unauthorized spill, release or discharge of material upon the environment shall reimburse the Village for investigating, mitigating, minimizing, removing, or abating any unauthorized spill, release, or discharge of material into or upon the environment that requires emergency action to protect the public health or safety of the environment. The Village shall keep a detailed record of its costs for investigating, mitigating, minimizing, removing, or abating the unauthorized spill, release or discharge.
(d) Notice to Owner-Redemption. If at the expiration of three (3) days after any vehicle has been impounded, the owner, driver or other person in charge thereof, has not presented himself or herself at the vehicle impound to claim the vehicle, it shall be the duty of the officer in charge of such impound to attempt to contact him or her informing him or her of the nature and circumstances of the violation on account of which such vehicle has been impounded, and also the amount of charges for release.
(e) Impounding Fee and Storage Charge and Release Process. When the owner, driver or other person in charge of the vehicle impounded presents himself or herself at the vehicle impound to claim his vehicle, he shall furnish satisfactory proof of his right and title therefor to the officer in charge of such pound as set forth in subsection (b)(1)B. of this section.
(1) No vehicle impounded under the provisions of this chapter, except as otherwise provided, shall be removed from such vehicle impound except upon the payment by the owner, driver or other person in charge of such vehicle of the following:
A. Each owner, driver or other person in charge of such vehicle shall be required to pay all applicable fees to the towing company and present documentation of payment to the Fiscal Officer of the Village of New Middletown before any vehicle release will be granted.
B. Each owner, chauffeur, driver or other person in charge of such vehicle shall be required to pay a fifty dollar ($50.00) administrative fee to the Village for a vehicle release of any size or designation.
C. A daily storage fee shall be incurred by the owner, driver or other person in charge of such vehicle. The daily fees shall be calculated as set for the below and shall include the day that the vehicle was impounded and the day that the vehicle was released.
(i) Passenger vehicle: $20.00 per day
(ii) Commercial vehicle: $40.00 per day
(iii) Trailer: $40.00 per day
(iv) Boat: $40.00 per day
(v) Indoor storage: $40.00 per day
(vi) Semi/Dump/Garbage Truck: $100.00 per day
(2) Notwithstanding subsection (e)(1) of this section, victims of an automobile theft shall only be required pay a twenty-five dollar ($25.00) administrative fee and any expense incurred by the tow company. Victims shall not be charged a daily storage fee but will have to present documentation of payment from the tow company.
(f) Abandonment of Vehicle. Should the owner, driver or other person in charge of such vehicle fail to retrieve the vehicle within ten days of impoundment, the Police Chief shall cause a notice to be sent by certified mail, return receipt requested informing the owner, driver or other person in charge of such vehicle that the vehicle shall be declared a nuisance and disposed of in accordance with this section. In addition, similar notice shall be sent by certified mail, return receipt requested, to any known lien holder or financing entity. In the event the notice sent via certified mail is returned unclaimed, the Police Chief shall cause such notice to be sent by regular mail accompanied by a certificate of mailing. Upon confirmation of receipt of the certified letter by the owner, driver or other person in charge of such vehicle, the Police Department shall allow a ten (10) day waiting period at which time the supervising officer may submit an "UNCLAIMED AND ABANDONED JUNK MOTOR VEHICLE AFFIDAVIT" to the Mahoning County Clerk of Courts, Title Department. Upon approval of the Mahoning County Clerk of Courts, Title Department, the Village of New Middletown shall assume ownership of the vehicle. Thereafter, the vehicle may be used by the Village or declared surplus and disposed in accordance with state law regarding surplus property. In such event, the Village of New Middletown shall assume no liability for any outstanding costs owed to known or unknown lien holders or entities with a financial interest in the vehicle.
(Ord. 2021-05. Passed 4-12-21.)