(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.
(2) When any vehicle or "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.61 is left on private property for more than seventy-two 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 forty-eight 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.
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required 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 license has been suspended or revoked.
(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.
(11) When any vehicle is parked in a special marked parking location in violation of Section 351.05(f).
(b) Any vehicle removed under authority of subsection (a)(2) hereof shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq. Any other impounded vehicle shall be taken to a designated motor vehicle pound. The police officer shall immediately report such action in writing to the officer then in charge of the Police Department, who shall see that the proper reports are correctly filed and shall forward such information to the Chief of Police.
A vehicle so impounded shall not be released except upon written order signed by the Chief of Police or some other officer designated by him. A motor vehicle that is so towed or removed shall not be released to its owner until the owner presents proof of ownership of the motor vehicle. If the motor vehicle is a leased vehicle, it shall not be released to the lessee until the lessee presents proof that that person is the lessee of the motor vehicle. Any charges for towing or storing any impounded vehicle shall be paid by the owner or operator of the vehicle or his agent directly to the garage acting as motor vehicle pound. In addition to any towing and storage charges, the person redeeming a vehicle shall pay the amount due for any fine or fines assessed for violations of this Traffic Code.
Council may authorize reimbursement to the owner of any motor vehicle for towing or storing charges or for citations that have been paid to the court in connection therewith if it finds it to have been improperly impounded or if it finds that justice requires such reimbursement.
Council may from time to time designate one or more public garages or other premises as motor vehicle pounds.
(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.
(Ord. 2015-023. Passed 2-17-15.)