(a) Reasons for Impounding or Booting. Police officers are authorized to provide for the removal, impounding, or booting 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 as to constitute a hazard or obstruction to the normal movement of traffic, or to unreasonably interfere with street cleaning or snow removal operations;
(2) When any vehicle, including an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, is left on private residential property, as defined in Section 147.21, 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 parking, or upon or within the right-of-way of any road or highway, for 48 consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place, except that when such a motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately. Prior to the disposal of an abandoned junk motor vehicle 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 or her license has been suspended or revoked; or
(10) When any vehicle is found for which two or more citation tags for violations of Administrative Code Chapter 147 have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
(Adopting Ordinance)
(b) Notice. The Police Department shall forthwith notify the registered vehicle owner of the fact of such removal, impounding, or booting, the reasons therefor and the place of storage.
(c) Redemption; Disposal. When the owner, chauffeur, driver or other person in charge of the vehicle impounded presents himself or herself at the automobile and vehicle pound to claim his or her vehicle, he or she shall furnish satisfactory proof of his or her right and title therefor to the officer in charge of such pound. Unclaimed vehicles shall be disposed of according to Ohio R.C. 4513.61 et seq.
(Ord. 28-74. Passed 6-24-74.)
(d) Costs and Storage Charges. No vehicle impounded under the provisions of this section shall be removed from such automobile pound except upon the payment by the owner of such vehicle, or his or her authorized agent, of all towing and storage costs.
(Ord. 15-79. Passed 10-8-79.)
No vehicle booted under the provisions of this section shall have the boot removed except upon payment by the owner of such vehicle, or his or her authorized agent, of all costs.
(e) Damage Caused by Removal or Storage. The removal or booting of a vehicle by a police officer shall be at the risk of the owner or person in charge thereof and there shall be no liability on the part of the City or any police officer thereof for any damage caused by such removal.
The storage of any vehicle when impounded by the City shall be at the risk of the chauffeur, driver or owner thereof and the City or any police officer thereof shall not be liable for damage of any nature or the theft or destruction by fire of any vehicle so impounded.
(f) Remedies Not Exclusive. The booting or removal and storage of a vehicle impounded and the payment of the expense of booting or removal and storage of a vehicle so impounded shall not release the owner, chauffeur, driver or other person in charge of such vehicle from penalties imposed for a violation of any of the provisions of this Traffic Code or any other traffic ordinance, rule or regulation, or Administrative Code Chapter 147.
(g) Authority to Establish Pound. The Director of Public Safety is hereby authorized to establish an automobile and vehicle pound.
(Ord. 39-70. Passed 6-14-71; Ord. 33-10. Passed 7-12-10; Ord. 18-18. Passed 7-23-18.)