404.07 IMPOUNDING OF VEHICLES; REDEMPTION.
   (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, 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. This shall also include any vehicle found to be located or parked, attended or unattended, in disregard of any sign that states: "Fire Lane" and/or "Tow Away Zone".
(Ord. 89-25. Passed 6-26-1989.)
      (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 72 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. 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 and is located upon either public or private property.
      (4)   When any vehicle displays illegal license plates or fails to display the current lawfully required plates and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
      (5)   When any vehicle has been used in or connected with the commission of a felony and is located upon either public or private property.
      (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, and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
      (7)   When any vehicle is left unattended either on public or private property due to the removal of an ill, injured or arrested operator, or due to the abandonment thereof by the operator during or immediately after pursuit by a law enforcement officer.
      (8)   When any vehicle has been operated by any person who has failed to stop in case of an accident or collision and is located either on public or private property.
      (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 and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
      (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, and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
   (b)   The Director of Public Safety may from time to time designate one or more public garages within the County as motor vehicle pounds, and may designate a place or places on the public grounds of the City as a motor vehicle pound. He or she may fix reasonable charges for towing motor vehicles to such pounds and for storing the same therein. Such charges shall be paid by the City to the proprietor of the garage unless the proprietor is paid by the owner of the motor vehicle upon its release duly authorized by the Chief of Police or he or she is otherwise compensated pursuant to his or her lien for such storage charges. Whenever a motor vehicle is stored in a motor vehicle pound on City premises, storage charges shall be paid by the owner of the vehicle to the City.
(Ord. 70-80. Passed 9-8-1970.)
   (c)   Any police officer of the City finding a motor vehicle parked in violation of State law or City ordinance or for any reason listed in division (a) hereof, may cause such motor vehicle to be taken to a designated motor vehicle pound, and shall thereupon immediately report such action to the officer then in charge of the Police Division.
(Ord. 59-88. Passed 12-21-59.)
   (d)   A vehicle so impounded shall not be released except on written order signed by the Safety Director or the Police Chief or his or her designated officer in charge. Such order shall be given only after payment to the City Police Department of the amount required to reimburse the City for proper charges for impounding, towing and storing such a vehicle; provided, however, that the Mayor may order the vehicle released and may order an abatement of all or any portion of the charges in the interests of justice and upon a finding that the vehicle has been improperly impounded.
(Ord. 87-34. Passed 6-15-1987.)
   (e)   The provisions of this section shall be in addition to any fine, cost or penalty for which the owner or person in control of such vehicle may have become liable.
(Ord. 59-88. Passed 12-21-1959.)
   (f)   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.
   (g)   Notwithstanding any of the above, any vehicle impounded pursuant to division (a)(2) hereof, shall be disposed of as provided by Ohio R.C. 4513.60 et seq.
(1982 Code, § 303.08)