(a) Police officers are authorized to provide for the removal and impounding 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;
(3) When any vehicle has been stolen or operated without the consent of the owner;
(5) When any vehicle has been used in or connected with the commission of a felony or a violation of Section 642.10 of the General Offenses Code; (Ord. 50-88. Passed 3-7-88.)
(6) Whenever any vehicle has been damaged or wrecked so as to be inoperable or if such vehicle violates equipment provisions of this Traffic Code so that its continued operation would constitute a condition hazardous to life, limb or property; however, no such removal or impounding shall be authorized without the owner's consent if the vehicle is licensed and legally parked in a place where parking is permitted, unless some other provision of this Traffic Code authorizing impounding is applicable;
(7) Whenever the operator of the vehicle is arrested; however, no such removal or impounding shall be authorized without the owner's consent if the vehicle is licensed and legally parked in a place where parking is permitted, unless some other provision of this Traffic Code authorizing impounding is applicable;
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(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;
(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;
(11) When any vehicle is parked or left standing in violation of Section 331.38 and, in the judgment of the impounding officer, such violation constitutes a hazard or obstruction to the normal movement of vehicular or pedestrian traffic or to the movement or operation of fire-fighting equipment;
(12) With respect to paragraphs (a)(6) and (7) hereof, an owner's consent shall not be required if:
A. He cannot be readily contacted; or
B. He is unconscious, under the influence of alcohol or any drug of abuse, or is for some other reason unable to give his consent.
(b) (1) Any vehicle removed under the authority of division (a)(2) hereof shall be ordered into storage and/or disposed of as provided under relevant provisions of Ohio R.C. Chapter 4513.
(2) All other vehicles removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and reasons for impounding, therefore, and the place of storage.
(c) (1) Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator must pay the release fee to the City.
(2) After obtaining a release form from the City, any person desiring to redeem an impounded vehicle will be directed to the impound lot where said impound lot will release the impounded vehicle. The impound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(3) No vehicle shall be released without a court order and/or approval of the vehicle release by the Police Department if said vehicle is subject to impound for the following:
A. A court order directing vehicle be stored;
B. A police investigation pertaining to towed vehicle; or
C. Vehicle is subject to forfeiture based on underlying criminal case.
(d) Whenever a motor vehicle has been impounded pursuant to the provisions of this Traffic Code, any charges for towing or storage shall be completely waived if, upon completion of any pertinent criminal or traffic court proceedings, one of the following circumstances has been established:
(1) The criminal or traffic charge which prompted the impoundment is dismissed or the defendant is found not guilty.
(2) The vehicle had been stolen and had been held by the City for evidence for more than a total of five days.
(3) Title to the vehicle is transferred, by forfeiture proceeding or otherwise, to the City or some other governmental agency. Notwithstanding the foregoing, if the City sells such vehicle at public auction, the towing company shall be reimbursed from the proceeds of such sale for its accrued costs of towing and storage, provided that such reimbursement shall not exceed fifty percent of the proceeds from the sale of the vehicle and that any costs above the amount so reimbursed shall be deemed waived.
(Ord. 192-85. Passed 10-21-85.)
(e) Whenever the charges for towing or storage have been waived by operation of some portion of this section, the impounding garage shall release the vehicle upon being provided with proof that the waiver applies. As a condition of being designated as an impounding garage or of continuing to be designated as an impounding garage by the Director of Public Safety, each such garage must agree to abide by and honor the waivers described in this section.
(f) Any person desiring to redeem an impounded vehicle shall appear at the Division of Police 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 such violations. The pound operator shall release such vehicle upon receipt of the release form and, unless waived, payment of all towing and storage charges assessed against the owner.
(Ord. 172-83. Passed 10-17-83; Ord. 272-10. Passed 12-6-10.)