(a) Definitions. As used in this section, the following words and phrases shall be defined as follows:
(1) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
(2) "Vehicle" means a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and includes, without limitation, automobile, truck, trailer, motorcycle and tractor; excluding van bodies, unlicensed semitrailers, and tandem trailers.
(3) "Street or highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(4) "Property" means any real property within the City which is not a street or highway, including parks, parking lots, boulevards and alleys.
(5) "Non-operating vehicle" means any vehicle which in its present state is incapable of movement under its own power.
(7) "Dismantled" means any vehicle which fails to comply with any of the mandates of Title 45 of the Ohio Revised Code due to a lack of parts, equipment or accessory items.
(8) "Unlicensed vehicle" means any vehicle which lacks a current registration as required under Ohio Revised Code Chapter 4503 or Chapter 335
of the Codified Ordinances.
(b) Abandonment of Vehicles Prohibited. No person shall abandon any vehicle within the City.
(c) Leaving of Dismantled Vehicle, Non-Operating Vehicle or Unlicensed Vehicle on Street or Property.
(1) No person shall leave any dismantled vehicle or non-operating vehicle on any property within the City for more than seven days.
(2) No person shall leave any dismantled vehicle or non-operating vehicle on any street within the City for more than three days.
(3) No person in charge or control of any property within the City whether as owner, tenant, occupant, lessee or otherwise shall allow any dismantled vehicle, non-operating vehicle or unlicensed vehicle to remain on the property longer than seven days.
(4) No person shall leave any unlicensed vehicle on any property within the City for more than seven days.
(d) Exceptions. These prohibitions shall not be applicable under the following circumstances:
(1) A non-operating vehicle may be maintained on the owner’s premises for the purposes of restoration and/or repair, provided the owner or person having control of such vehicle shall have been issued a permit for such restoration and/or repair by the Administrator and such restoration and/or repairs are accomplished within the time specified by such permit or its extension.
(2) A non-operating or dismantled vehicle its component parts stored in a garage or other enclosed building.
(3) The property on which the non-operating or dismantled vehicle sits is a properly licensed commercial business regularly engaged in the repair, reconditioning or maintenance of motor vehicles.
(e) Issuing of Permits.
(1) A permit for the restoration and/or repair of vehicles shall be issued by the Administrator. Application may be made to the Administrator accompanied by a five dollar ($5.00) fee on forms as prescribed by the Administrator. The application shall contain the list of necessary and contemplated repairs to be performed. The application may be amended during the course of such repairs to include additional repairs which may be required but were unknown at the time the application was made.
(2) A new permit may be issued for subsequent repairs to the same vehicle only after it has been put in operating condition, as certified by a State Highway Patrol inspection, subject to subsection (d)(3) herein.
(3) The Administrator may issue new permits only upon a showing of substantial progress in the completion of restoration and/or repairs enumerated in the application.
(Ord. 1992-8. Passed 7-6-92; Ord. 2001-29. Passed 9-17-01.)
(f) Impounding. The Mayor may authorize the Chief of Police or any member of his Department designated by him to remove or have removed any vehicle left at any place within the City which reasonably appears to be in violation of this section or which is lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with the Ohio Revised Code.
(Ord. 1992-8. Passed 7-6-92.)
(Ord. 1992-8. Passed 7-6-92.)
(g) Impound Fee.
(1) “Day” as used herein shall mean any period of time commencing at 12:00 midnight.
(2) The owner of any vehicle impounded in the City impound lot shall be assessed a fee of five dollars ($5.00) for any day which said car remains within the impound lot. The fee shall be paid to and collected by the City Police Department.
(3) No vehicle located in the City impound lot shall be released:
A. To any individual except to the titled owner, or a person holding a valid power-of-attorney;
B. Until the storage charges and towing fees have been paid;
(Ord. 1996-26. Passed 7-1-96.)
(h) Penalty. Any person violating any provisions of this section shall be guilty of a misdemeanor and shall be fined an amount not exceeding two hundred fifty dollars ($250.00).
(1) Each day such violation is permitted to continue shall constitute a separate offense;
(2) In addition to any fine or costs imposed, the court of competent jurisdiction shall order the vehicle which gave rise to the offense to be impounded until lawfully claimed or disposed of in accordance with the Ohio Revised Code.
(3) The court shall order the violator to pay to the City of Wauseon restitution for all costs associated with the impoundment of the vehicle.
(Ord. 2001-29. Passed 9-17-01.)