(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 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.
(2) A. When any vehicle or “abandoned junk motor vehicle” as defined in Ohio R.C. 4513.63 is left 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.
B. When an “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.
C. Prior to disposal of an “abandoned junk motor vehicle”, it shall be photographed by a law enforcement officer.
(Ord. 134-84. Passed 12-18-84.)
(3) When any vehicle has been stolen or operated without the consent of the owner.
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates.
(5) When any vehicle has been used in or connected with the commission of a felony.
(6) 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.
(7) When any vehicle is left unattended 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.
(9) When any vehicle has been operated by any person who is driving without a lawful license or while their license has been suspended or revoked.
(10) When any vehicle is found for which two or more citation tags for violations of the Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
(A.O.)
(11) When any vehicle has been parked on private property in violation of a posted fire lane.
(Ord. 162-90. Passed 11-13-90.)
(Ord. 162-90. Passed 11-13-90.)
(b) The Police Division 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 Division 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 vehicles was impounded 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) 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.