303.088 CIRCUMSTANCES AUTHORIZING IMPOUNDMENT OR IMMOBILIZATION.
   Members of the Police Department are authorized to impound, immobilize, remove, or direct the removal of a vehicle under any of the following circumstances:
   (a)   Disabled Vehicles. If left unattended and improperly parked; if left on roadway right-of-way or if the person in charge of the vehicle is physically incapacitated to such extent as to be unable to provide for its custody or removal.
   (b)   Vehicles on Bridge. An unattended vehicle left on any bridge, viaduct, causeway, tunnel, or within the structure of a grade separation.
   (c)   Arrest and Detention of Driver. Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leaves or will leave a vehicle unattended.
   (d)   Vehicles Creating Traffic Hazard or Safety Hazard. A vehicle left unattended and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
   (e)   Vehicles Abandoned on Public Property. Any vehicle which is left on public property for 48 hours or longer without the permission of the Chief of Police.
   (f)   Vehicles Stopped in a Prohibited Zone. Any unattended vehicle halted at the street curb or edge of roadway where stopping or standing is prohibited.
   (g)   Vehicles Blocking Fire Exits or Hydrants. Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device, or exit or blocks ready access to a fire hydrant.
   (h)   Vehicles Parked in Intersection. Any unattended vehicle parked in any street intersection.
   (i)   Stolen Vehicles Recovered by Police.
      (1)   Whenever a stolen vehicle is located by police and the registered owner cannot be found within a reasonable time not exceeding one hour, or cannot be determined from the registration papers or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle may be removed to the nearest authorized place of impoundment.
      (2)    If the registered owner is identified, located, and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his own arrangement for the removal of the vehicle within the period of one hour from the time he is actually notified of its recovery. If the owner is unable or unwilling to effect the removal within the time specified the vehicle may be impounded.
   (j)   Vehicles owned or leased by any person or entity to whom two or more notices of liability have issued pursuant to Chapter 351 of the Codified Ordinances of the City of Portsmouth and a person or entity registered as the owner or lessee of the vehicle with the Ohio Bureau of Motor Vehicles (or with any other state vehicle registration office) has failed or refused to comply with the civil penalties assessed within 30 days from the date of the second violation.
   (k)   Vehicles Abandoned on Private Property. Any motor vehicle which is left on private property for more than 48 hours without the permission of the person having the right to the possession of the property.
   (l)   Vehicles Junked on Private Property. 
      (1)   If a violation of Section 303.083 has not been remedied within the seven day period of compliance, or in the event that a request for a hearing is filed as prescribed in Section 303.084, a hearing is held, and the existence of the violation is affirmed, the vehicle may be impounded.
      (2)    The movement of a vehicle from private property to any public right-of-way, or to another location under circumstances constituting a violation of this chapter shall not remedy a violation of Section 303.083 and a vehicle so moved remains subject to impoundment by police.
   (m)   Vehicles Removed by Fire Official.
(Ord. 2014-46. Passed 11-10-14.)