Section 404.07 Impounding of Vehicles of the Codified Ordinances of the Village of Timberlake shall read as follows:
(a) Police officers are authorized to provide for the removal of a vehicle under the following circumstances:
(1) When any vehicle is left unattended upon any street, alley or bridge and constitutes an unreasonable hazard or obstruction to the normal movement of traffic or unreasonably interferes with street cleaning or snow removal operations;
(2) When any motor vehicle:
A. Other than an abandoned junk motor vehicle as defined Ohio R.C. 4513.63, has been left on a public street or other property open to the public for the purposes of vehicular travel, or upon or within the right-of-way of any road or highway for forty-eight hours or longer without notification to the Chief of Police of the reasons for leaving the motor vehicle in such place;
(ORC 4513.61)
B. Is an abandoned junk motor vehicle as defined in Ohio R.C. 4513.63, and removal is authorized by that section; (ORC 4513.63)
(3) When any vehicle has been stolen or operated without the consent of the owner;
(4) When any vehicle is parked on any street or other public property and displays illegal 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 failed to stop in case of 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 standing or parked in violation of the provisions of these Codified Ordinances, and such vehicle has two or more delinquent parking infractions.
(11) When any vehicle is found standing in a fire lane; or
(12) When any vehicle constitutes an unreasonable hazard to persons or property at the scene of a fire, accident, disaster, riot or emergency of any kind.
(b) 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.
(1) Impound Lot Storage Fee. Whenever any vehicle, except a bicycle, is stored in a vehicle impound lot for any reasons, a charge for each day or fraction in excess of twenty-four hours shall be made for the storage of such vehicle at the rate provided for storage of vehicles in the current agreement between the Village and the towing service. No fee for storage shall be charged if the reason for such storage was for special police purposes such as examinations or investigations.
(2) Redemption; Bond Hearing Trial.
A. With the exception of vehicles used during the commission of a crime, excluding parking violations, the owner or other person lawfully entitled to possession of an impounded vehicle shall have the following three options with respect to such vehicle:
1. The owner or other person lawfully entitled to possession of such vehicle shall pay a towing charge which shall be in conformance with the towing company's current agreement with the Village, all outstanding fines for violating provisions of this Traffic Code, and a storage fee pursuant to Section 404.07. Upon such payment the vehicle shall be released.
2. The owner or other person lawfully entitled to possession of such vehicle shall furnish a cash bond in an amount as set by rule of the Willoughby Municipal Court. Such bond shall be upon condition that the owner or other person appear in the Court to answer the violation which caused the vehicle to be impounded. The date for such appearance shall be scheduled when the bond is posted. Upon the posting of such bond, the vehicle shall be released.
3. The owner or other person lawfully entitled to possession of such vehicle shall request a probable cause hearing. The hearing shall take place on the day after the owner or other person has given written notice to the Police Department of his intention to challenge the towing. If, however, such day is a Saturday, Sunday or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday or legal holiday. The hearing shall be held before the Judge of the Willoughby Municipal Court. The scope of the hearing shall be confined to the issue of whether there was probable cause to believe the vehicle was possessed, used, or parked in violation of law at the time of towing. The court shall receive into evidence the Police Department's dispatch card on the vehicle, or the traffic citation or notice which led to the impoundment of the vehicle. The court shall also receive into evidence any computer printout or teletype used, collected, produced or received by the Department from any other law enforcement agency. The admission into evidence of the dispatch card or traffic citation or notice, and the computer printout or teletype shall constitute a prima facie showing of probable cause. Additional evidence, however, may be offered by the Village. The owner or other person lawfully entitled to possession of the vehicle may offer evidence at the conclusion of the Village's case, which may be followed by rebuttal. The hearing shall be conducted under the rules of evidence prevailing in criminal trials generally. Upon conclusion of all the evidence, the court shall do one of the following:
a. Find that there was no probable cause to believe that the vehicle was towed for a violation of law at the time of towing, in which case the vehicle shall be released without charge.
b. Find that there was probable cause to believe that the vehicle was towed for a violation of law at the time of towing, in which case the vehicle shall be held pending trial on the traffic citation. The trial on the merits of the traffic citation shall be scheduled upon a finding of probable cause. However, the owner or other person lawfully entitled to possession of the vehicle may furnish a bond as provided in subsection (2)A.2. hereof, and claim the vehicle pending trial.
B. If, at the trial on the merits of the traffic citation, the court finds the defendant not guilty, the vehicle, if impounded, shall be released without charge to the owner, and the Village shall pay any towing and/or storage costs. If the court finds the defendant guilty, the court shall in addition to court costs and any sentence on the traffic citation, impose a fine comprised of the towing, impound and storage fees that are mandatory, and the court shall not suspend any part of such fine. Upon the payment of all of the foregoing sums, the vehicle shall be released.
C. No vehicle shall be released pursuant to this section unless the person claiming ownership or lawful possession produces proof of identity and ownership.
D. Unless otherwise ordered by a court of law, vehicles shall only be released during normal release hours as determined by the towing and storage agency.
(3) Impound Records. The Police Department shall keep the names of all owners of vehicles impounded, license plate numbers, and the nature and circumstances of all such violations, as well as the disposition of each case. The Department shall notify the owner of any towed vehicle by certified mail sent to the last known address of such owner. The Clerk of Courts shall account for all fees collected under this chapter and pay the same in the Village treasury.
(Ord. 2012-4. Passed 4-17-12.)