404.05 IMPOUNDING OF VEHICLES; REDEMPTION.
   (a)   Police officers are authorized to provide for the removal and impounding of a vehicle if the police officer(s) have reasonable cause to believe that any of the following circumstances exist:
      (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 motor vehicle, other than an abandoned junk vehicle, as defined in Section 632.01, is left on private residential property, as defined in Section 452.05(d), or on private agricultural property, 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 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 or without the subsequent approval by the Chief of Police;
      (3)   When any abandoned junk vehicle is left on private or public property in violation of Section 632.02;
      (4)   When any vehicle has been stolen or operated without the consent of the owner;
      (5)   When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
      (6)   When any vehicle has been used in or connected with the commission of a felony, a misdemeanor of the first or second degree or a violation of Section 642.10;
      (7)   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;
      (8)   When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
      (9)   When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
      (10)   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;
   (b)   Any vehicle removed under authority of paragraph (a)(2) or (3) hereof shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq. Any other vehicle removed under authority of this section shall be ordered into storage and 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 Department 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 comply with all applicable provisions of Chapter 450 and 452 and shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, 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. If the owner of an impounded vehicle files with the Mayor a statement under oath that he or she is unable to pay such charge, the Mayor may remit all or any part of the storage or impounding charge.
   (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. Whoever violates any provision of Section 404.05(c) is guilty of a second degree misdemeanor.
(Ord. 2000-177. Passed 10-2-00.)