(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.
(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 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 twenty-four consecutive hours or longer, without notification to the Police Chief 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 a law enforcement officer.
(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 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 motor vehicle has been parked for more than one hour in excess of the time allowed for parking in any metered area.
(12) When any vehicle has been parked on private property, not under cover, with or without the permission of the owner, and unused as a vehicle for a period of thirty days or longer, and is in such state of disrepair that its appearance tends to cause, or add to, a condition of blight in the neighborhood, or constitutes a safety or health hazard to the occupants of the property or to others, or provides a harborage for vermin, or otherwise constitutes a nuisance to the occupants, the neighbors in the area, or to the public.
(b) If a vehicle has been impounded under subsections (a)(1), (3), (4), (5), (7), (8), (9), (10) or (11) hereof, the Police Department 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 Department to furnish satisfactory evidence of identity and ownership or right to possession. Any person desiring to redeem such impounded vehicle shall first pay a towing charge of fifteen dollars ($15.00), and, in addition thereto, a storage charge of five dollars ($5.00) per day for the time the impounded vehicle is in storage. If police equipment is unavailable for towing and removal of such vehicle, any police officer may authorize any private person, firm or corporation to impound any motor vehicle in violation of this section and any person desiring to redeem the impounded vehicle shall first pay to such private person, firm or corporation whatever reasonable and customary charge is assessed for towing and storage.
(c) In addition to any towing and storage charges set forth herein, whoever redeems an impounded vehicle shall pay the amount due for any fine assessed for violation of the City ordinance regarding the parking of motor vehicles.
(d) 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.
(e) If a vehicle has been impounded under subsection (a)(2), (6) or (12) hereof, subsections (b), (c) and (d) hereof shall apply, where applicable, and in addition thereto, the owner of such vehicle shall supply proof to the Police Department that arrangements have been made for the future, covered storage of such vehicle in a garage or other suitable structure and the owner shall thereafter keep such vehicle in covered storage.
(f) Nothing contained in this section shall limit or impair the right to remove or impound vehicles under any other ordinance, State statute or applicable law.
(Ord. 1386. Passed 4-14-80.)
(g) 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.