(a) Junk Motor Vehicle Defined. For purposes of this section, "junk motor vehicle" means any motor vehicle meeting the requirements of divisions (a)(2), (a)(3), (a)(4), and (a)(5) of Section 454.08 of this Traffic Code that is left uncovered in the open on private property for more than seventy-two (72) hours with the permission of the person having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under authority of ORC 4737.05 to 4737.12 or regulated under authority of the City; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation; or if the motor vehicle is a collector's vehicle.
(b) Unlicensed Collector's Vehicles. The City shall not prevent a person from storing or keeping, or restrict a person in the method of storing or keeping, any collector's vehicle on private property with the permission of the person having the right to the possession of the property; except that the City may require a person having such permission to conceal, by means of buildings, fences, vegetation, terrain, or other suitable obstruction, any unlicensed collector's vehicle stored in the open.
(c) Order to Conceal or Remove. The City's Chief of Police, the City Council, or the City's Planning and Zoning Department may send notice, by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten (10) days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
(d) Prohibitions. No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten (10) days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice, and each day that a junk motor vehicle continues to be so left constitutes a separate offense.
(ORC 4513.65)
(e) Penalties.
(1) Whoever violates division (d) of this section is guilty of a minor misdemeanor on the first offense, and the Court shall impose a mandatory fine of not less than fifty dollars ($50.00).
(2) If, within two (2) years of the offense, the offender has previously been convicted of or pled guilty to a violation of this section, the offender shall be guilty of a misdemeanor of the fourth degree on the first offense and the Court shall impose a mandatory fine of not less than one hundred twenty-five dollars ($125.00), in addition to any other penalties provided by law.
(3) If, within two (2) years of the offense, the offender has previously been convicted of or pled guilty to two (2) violations of this section, the offender shall be guilty of a misdemeanor of the third degree and the Court shall impose a mandatory fine of not less than two hundred fifty dollars ($250.00), in addition to any other penalties provided by law.
(4) If, within two (2) years of the offense, the offender has previously been convicted of or pled guilty to three (3) violations of this section, the offender shall be guilty of a misdemeanor of the second degree and the Court shall impose a mandatory fine of not less than three hundred seventy-five dollars ($375), in addition to any other penalties provided by law.
(5) If, within two (2) years of the offense, the offender has previously been convicted or pled guilty to four (4) or more violations of this section, the offender shall be guilty of a misdemeanor of the first degree and the Court shall impose a mandatory fine of not less than five hundred dollars ($500), in addition to any other penalties provided by law.
(6) In addition, the offender may be assessed any costs incurred by the City in removing and/or in disposing of the abandoned junk motor vehicle that is the basis of the violation, less any money accruing to the City from the disposal of the vehicle.
(Ord. 2018-31. Passed 10/25/18)