351.16 STORAGE OF JUNK, INOPERATIVE OR UNLICENSED VEHICLES; NOTICE; EXCEPTION.
   (a)    Definitions. As used in this section:
      (1)    "Junk vehicle" means any motor vehicle and any other used vehicle propelled or intended to be propelled by power other than human power and which is in an inoperative or a partially dismantled condition. Portions of junk cars, such as hood, fenders, radiators, rims, motors and the like, not being utilized for the repair of a motor vehicle, shall be considered as junk.
      (2)    "Inoperative condition" means that a vehicle is incapable of being propelled under its power due to missing or defective parts.
      (3)    "Partially dismantled condition" means that a vehicle has some part missing which is ordinarily an essential component thereof.
      (4)    For the purposes of this section "junk motor vehicle" shall also mean any motor vehicle meeting the requirements of Ohio R.C. 4513.63(B), (C) and (D) that is not stored or kept in a completely enclosed, authorized and permitted building or garage on private or public property with or without the permission of the person having the right to the possession of the property, except ifthe person is operating a junk yard or scrap metal processing facility licensed umder authority of a political subdivision; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority.
   (b)    Storage, a Public Nuisance. Except as otherwise provided herein, the deposit, storage, maintenance or collection of jumk, inoperative, or unlicensed vehicles outside of a building or buildings is hereby declared to be a public nuisance and offensive to the public health, welfare and safety of the residents of this Municipality.
   (c)    Removal. No person, firm, group, organization, business, or corporation in charge of or in control of any premises within the Municipality, whether as owner, tenant, lessee, occupant or others, shall park, store, or pennit to be parked or stored on any premises within the City, a motor vehicle which is dismantled or inoperative Gunk) or unlicensed, for a period of more than ten days unless it is stored or kept in a completely enclosed, authorized, and permitted building or garage on such lot or premises.
   (d)    Notice. The Chief of the Police Department or any member thereof duly designated by him, is authorized to serve notice upon the owner of such lot or premises or on the person or persons or group in possession of any such lot, land, or premises upon which a junk unlicensed or inoperative motor vehicle is parked, contrary to the provisions of this section. Such written notice shall give notice that such junk unlicensed or inoperative motor vehicle shall be removed from such premises or completely enclosed within ten days. The ten day period, as set forth in subsection (c) hereof, shall commence to run the day next following the service of such notice. Such written notice shall be served upon the person, either personally or by leaving the same at his usual place of residence, or by registered or certified mail addressed to such person's last known place of residence.
   (e)    Impounding and Disposition. The Chief of Police or any member of the Police Department designated by him is hereby authorized to remove or cause to be removed, any such junk unlicensed or inoperative motor vehicle remaining at any place within the City in violation of the provisions of this section. Such motor vehicle shall be impounded until lawfully claimed or disposed of in accordance with the provisions ofthe Ohio R.C. 737.32 and 737.33 or Section 303.08 et seq. of the Codified Ordinances.
   (f)    Separate Offenses. A separate offense shall be deemed committed each day during or on which a violation of this section occurs or continues beyond such ten day period (after the ten day period of notice as provided in subsection (d) hereof).
   (g)    Exceptions. Any owner, operator, or lessee of a parcel of land or property within the City who is duly licensed to sell new or used cars upon the premises; a legal junkyard operation, or motor vehicles impounded or directed to be towed by order or the law enforcement of the Municipality shall not be subject to the provisions of this section. This section shall not apply to motor vehicles parked or stored at service stations or garages that are awaiting parts or repair. This exception (service stations and garages) shall be for a period not to exceed thirty days.
   (h)    Whoever violates this section has committed a parking infraction, as that term is defined by Section 355.01 of the Codified Ordinances, and is subject to the procedures, fines, fees, costs and expenses set forth in Chapter 355 of the Codified Ordinances.
(Ord. 162-12. Passed 4-21-14.)