304.06 IMPOUNDING.

   (a)    The Chief of Police or any member of his department designated by him is hereby authorized to remove or have removed any vehicle left at any place within the City which is in violation of this chapter. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with Ohio R.C. 4513.60 to 4513.64, inclusive, and the provisions of this chapter.

   (b)    Impounding Vehicles on Public Property. The Chief of Police, or any member of his department designated by him may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in Section 304.02 which 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 Police Department of the reasons for leaving the motor vehicle in such place. The Chief of Police shall designate the place of storage of any motor vehicle ordered removed by him. Any police officer shall be authorized to remove from the streets, sidewalks or public grounds:

      (1)    Any vehicle parked, left standing or abandoned thereon in violation of any City ordinance;

      (2)    Any vehicle which fails to comply with any law or City ordinance relative to equipment;

      (3)    Any vehicle for which two or more citations for violations of City ordinances have been issued and the owner or operator thereof has failed to respond to such citations;

      (4)    Any vehicle which has been stolen, or from which the driver or operator has been removed due to illness, injury or intoxication or being under the influence of drugs;

      (5)    Any vehicle which is wrecked or so disabled that it is not capable of being operated;

      (6)    Any vehicle operated by any person who has failed to stop in case of an accident;

      (7)    Any vehicle operated by any person while engaged in or connected with the commission of a felony;

      (8)    Any vehicle operated by a person without an operator's license or during a period of license suspension or revocation;

      (9)    Any vehicle operated by a person who refuses to obey the instructions of any police officer after such person has been placed under arrest;

      (10)    Any vehicle operated by any person who is arrested for reckless operation.

      (11)    Any vehicle which if proceeding would be doing so in violation of the laws of the City of Whitehall or the State of Ohio.

   (c)    Impounding Vehicles on Private Property. 

      (1)    A City law enforcement officer, upon complaint of any person adversely affected, may order into storage, any motor vehicle which has been left on private property for more than seventy-two hours without the permission of the person having the right to possession of the property upon which the motor vehicle was left.

      (2)    A City law enforcement officer, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle other than an abandoned junk motor vehicle which has been left at the garage or place of storage for a period longer than agreed upon. The place of storage shall be designated by the Chief of Police or person authorized by him.

         The owner of the motor vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle. If the motor vehicle remains unclaimed by the owner for thirty days, the procedures established by Ohio R.C. 4513.61 and 4513.62 shall apply. (ORC 4513.60)

   (d)    Responsibility for Penalty, Damage and Expenses.

      (1)    Penalty. The removal of a vehicle impounded and the payment of the expense of removal and storage of a vehicle so impounded shall not release the owner, chauffeur, driver or other person in charge of such vehicle from penalties imposed for violation of this Traffic Code.

      (2)    Damage. The removal by a police officer of a vehicle for any of the reasons stated in this section shall be at the risk of the owner or person in charge thereof, and there shall be no liability on the part of the City for any damage caused by such removal.

      (3)    Storage. The storage of any vehicle when impounded by the City shall be at the risk of the chauffeur, driver or owner thereof, and the City shall not be liable for damage of any nature or the theft or the destruction by fire of any vehicle so impounded.

      (4)    Expenses. The expense of removal, conveyance or towing of such vehicle and the expense of storage thereof when removed to any impounding place designated by the Director of Public Safety shall be borne by the owner, chauffeur, driver or other person in charge thereof and shall be paid before the vehicle is released from the pound.

         (Ord. 19-75. Passed 7-1-75.)