351.05  WILLFULLY LEAVING VEHICLES ON PRIVATE OR PUBLIC PROPERTY.
   (a)   Impounding Abandoned Motor Vehicle on Public Property; Notice; Disposition.
      (1)   The one having enforcement authority under this Chapter 351 may order into storage any motor vehicle, including an abandoned junk motor vehicle as defined in R.C. § 4513.63, that has come into the possession of the City as the result of the exercise of the enforcement authority granted herein or that has been left 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 48 hours or longer without notification to City and prior approval by the City Manager, Police Chief or their designee, of the reasons for leaving the motor vehicle in such place, except that when such motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately. The one having enforcement authority hereunder shall designate the place of storage of any motor vehicle so ordered removed.
      (2)   The one having enforcement authority hereunder shall within a reasonable time, cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the owner and any lienholder of a motor vehicle ordered into storage; and if known, shall send or cause to be sent notice to the owner or lienholder at his or her last known address by certified mail with return receipt requested, that the motor vehicle will be declared a nuisance and disposed of if not claimed within ten days of the date of mailing of the notice. The owner or lienholder of the motor vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title or memorandum certificate of title to the motor vehicle. If the owner or lienholder of the motor vehicle reclaims it after a search of the records of the Bureau has been conducted and after notice has been sent to the owner or lienholder as described in this section, and the search was conducted by the owner of the place of storage or the owner's employee, and the notice was sent to the motor vehicle owner by the owner of the place of storage or the owner's employee, the owner or lienholder shall pay to the place of storage a processing fee of $25, in addition to any expenses or charges incurred in the removal and storage of the vehicle.
      (3)   If the owner or lienholder makes no claim to the motor vehicle within ten days of the date of mailing the notice, and if the vehicle can be disposed of at public auction as provided in R.C. § 4513.62, the City, without charge to any party, shall file with the Clerk of Courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of R.C. § 4513.61. Upon presentation of the affidavit, the Clerk, without charge, shall issue a salvage certificate of title, free and clear of all liens and encumbrances, to the City of Sidney. If the vehicle is to be disposed of to a motor vehicle salvage dealer or other facility as provided in R.C. § 4513.62, the Police Chief or designee shall execute in triplicate an affidavit, as prescribed by the registrar of motor vehicles, describing the motor vehicle and the manner in which it was disposed, and that all requirements of R.C. § 4513.61 have been complied with. The Police Chief, or designee shall retain the original of the affidavit, and shall furnish two copies to the motor vehicle salvage dealer or other facility. Upon presentation of a copy of the affidavit by the motor vehicle salvage, the Clerk of Courts, within 30 days of the presentation, will issue to such owner a salvage certificate of title, free and clear of all liens and encumbrances.
      (4)   Whenever a motor vehicle salvage dealer or other facility receives such an affidavit for the disposal of a motor vehicle as provided in this section, the dealer or facility is not required to obtain a state certificate of title to the motor vehicle in the dealer's or facility's own name if the vehicle is dismantled or destroyed and both copies of the affidavit are delivered to the Clerk of Courts.
   (b)   Abandonment of Junk Motor Vehicle Prohibited.
      (1)   No person shall willfully leave an abandoned junk motor vehicle, as defined in R.C. § 4513.63, on private property for more than 72 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 48 hours or longer, without notification to the City Manager, Police Chief, or their designee of the reason for leaving the motor vehicle in that place and receiving appropriate approval.
      (2)   For purposes of this division (b)(1), the fact that a motor vehicle has been so left without permission or notification is prima facie evidence of abandonment.
      (3)   Nothing contained in this section and R.C. §§ 4513.60, 4513.61 and 4513.63 shall invalidate or prevent the enactment of further provisions of municipal ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property or private property within the municipality.
   (c)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 307.01 and shall also be assessed any costs incurred by the Municipality in disposing of a vehicle or abandoned junk motor vehicle, less any money accruing to the Municipality from such disposal.   
(Ord. A-2794.  Passed 8-11-14.)