(a) The Village Marshall or any other law enforcement officer is hereby authorized to provide for the removal of a vehicle 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 on otherproperty 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 Village Marshall 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 the Village Marshall or other 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 the Ohio Revised 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.
(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 traffic citations and/or parking tags for violations of North Perry Village Ordinance or the Ohio Revised 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. (A.O.)
(11) When any all-purpose vehicle has been operated in violation of Section 375.03 of the North Perry Village Traffic Code or the Ohio Revised Code.
(Ord. 99-024. Passed 10-7-99.)
(Ord. 99-024. Passed 10-7-99.)
(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 Marshall 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 offices 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.
(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) No person shall store or permit to be stored on any lot or premises an automobile or motor vehicle which is dismantled, inoperative or unlicensed, for a period of more than fifteen days, unless the same is kept or stored in a completely enclosed, authorized and permitted building or garage on such lot or premises. Any such motor vehicle shall be deemed inoperative when the lack or failure of the engine, transmission or other mechanical part results in the vehicle being not usable for transportation of persons. The Village Marshall is authorized to serve written notice on property owners or persons in possession of any such lot or land upon which an unlicensed or inoperative motor vehicle is stored contrary to the provisions hereof. Such period of fifteen days shall commence to run the next day following the service of such notice. Any person who has been so notified or who is the owner of or in charge of, or in possession of any such lot or land on which any such vehicle is stored and who fails to remove the same after notice, shall be guilty of a minor misdemeanor. If the offender has, during the twelve months preceding this offense, been convicted or pleaded guilty to an offense under this section, the offender shall be guilty of a misdemeanor of the fourth degree.
The provisions of this section shall be applicable to all districts of the Village, and shall apply to all premises within the Village except upon a lot or premise where a zoning permit has been granted to allow for the storage, repair or rehabilitation of automobiles, and such use is expressly permitted in the district wherein such premises are located under the terms and provisions of the Zoning Ordinance.
(e) No person shall use the streets, alleys or public grounds for storage purposes or for purposes of display of any vehicle; and further, the parking of any vehicle on any portion of a street, alley or public grounds without valid license plates, or for a continuous period of more than sixteen hours, shall constitute storage.
(Ord. 91-358. Passed 2-7-91; Ord. 92-387. Passed 6-4-92; Ord. 97-474. Passed 6-5-97.)
(f) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.