(a) Reasons for Impounding. 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, viaduct, bridge or causeway or in any tube, tunnel or underpass, and is so legally 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, or when any vehicle is left unattended in a no parking zone in any business district or in any place where parking is prohibited;
(2) When any motor vehicle, other than an abandoned junk motor vehicle, as defined in Section 448.01, is left on private residential property, as defined in Section 452.05(d), or on private agricultural property, for at least four 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 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, as provided with more rticularity in Chapter 448.
(3) When any abandoned junk motor vehicle is left on private property for more than seventy-two 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;
(4) When any vehicle has been stolen or operated without the consent of the owner;
(5) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
(6) When any vehicle has been used in or connected with the commission of a felony;
(7) 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;
(8) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
(9) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(10) When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked; (Adopting Ordinance)
(11) When any vehicle is found for which two or more citation tags for violations of this Traffic Code, except parking violations, have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
(Ord. 64-97. Passed 5-6-97.)
(Ord. 64-97. Passed 5-6-97.)
(b) Tag Citation; Notice to Owners. Whenever the Police Division removes a vehicle from a street and impounds the same as authorized in subsection (a) hereof, a citation tag shall be attached to the vehicle stating the violation or violations on account of which such vehicle was impounded and the Police Division shall at once give notice in writing to the owner thereof of the fact of such removal, and the reason or reasons therefor, and of the place to which such vehicle has been removed.
(Ord. 88-67. Passed 9-12-67.)
(c) Release of Impounded Vehicle. If the owner or other person claiming such impounded vehicle shall appear at the Police Division and furnish evidence of his/her identity and ownership and any required court document ordering release for cases still pending such vehicle shall be surrendered to him/her.
(Ord. 83-2007. Passed 5-15-07.)
(Ord. 83-2007. Passed 5-15-07.)
(d) Sale of Unclaimed Impounded Vehicle. Whenever any vehicle which has been impounded by a police officer remains in the possession of the Municipality, unclaimed by any person having the right to the possession of such vehicle, for a period of ninety days, such vehicle may be sold under the direction of the Police Chief at public auction to the highest bidder, after notice of such auction has been given for not less than once a week for three consecutive weeks by publication in a newspaper of general circulation within the Municipality. However, this subsection shall have no application to unclaimed motor vehicles, other than an “abandoned junk motor vehicle,” as defined in Section 448.01, ordered into storage pursuant to Sections 448.04 and 448.05 of this Traffic Code. Such vehicles shall be disposed of pursuant to Section 448.06.
(Ord. 40-76. Passed 7-13-76.)
(e) Towing and Storage Charges. The owner of a motor vehicle that is ordered into storage pursuant to Section 404.05 or of a vehicle that is removed under authority of subsection (b) hereof may reclaim it upon payment of any expenses or charges incurred in its removal. The cost for removal, storage and any associated cleanup, should follow the usual and customary rate found in the Toledo area. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or vehicle shall be required for reclamation of the vehicle. If a motor vehicle that is ordered into storage pursuant to Section 404.05 remains unclaimed by the owner for thirty days, the procedures established by Ohio Revised Code 4513.61 through 4513.62 shall apply.
(Ord. 119-2004. Passed 10-29-04.)
(f) Penalty. Whoever violates any provision of 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.