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Unclaimed motor vehicles ordered into storage pursuant to Sections 454.01 or 454.03 of this Traffic Code shall be disposed of at the order of the City's Chief of Police to a motor vehicle salvage dealer or scrap metal processing facility, as defined in ORC 4737.05, or to any other facility owned by or under contract with the City for the disposal of such motor vehicles, or shall be sold by the Chief or licensed auctioneer at public auction after giving notice thereof by advertisement, published once a week for two (2) successive weeks, in a newspaper of general circulation in the county or as provided in ORC 7.16. Any moneys accruing from the disposition of an unclaimed motor vehicle that are in excess of the expenses resulting from the removal and storage of the vehicle shall be credited to the City's General Fund.
(ORC 4513.62)
(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)
(a) Prohibition against Abandonment of Junk Motor Vehicle.
(1) No person shall willfully leave an abandoned junk motor vehicle, as defined in Section 454.08 of this Traffic Code, on private property within this City for more than forty-eight (48) hours without the permission of the person having the right to the possession of the property;
(2) No person shall willfully leave an abandoned junk motor vehicle, as defined in Section 454.08 of this Traffic Code, on a public street or other property open to the public for purposes of vehicular travel or parking within this City, or upon or within the right-of-way of any road or highway, forty-eight (48) hours or longer without notification to the City's Chief of Police of the reasons for leaving the motor vehicle in such place.
(3) For purposes of this section, the fact that a motor vehicle has been so left without permission or notification is prima-facie evidence of abandonment.
(b) Penalties. Whoever violates this section is guilty of a minor misdemeanor, and shall also be assessed any costs incurred by City 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.
(ORC 4513.64)
(a) Definition. "Abandoned Junk Motor Vehicle" means any motor vehicle meeting all of the following requirements:
(1) Left on private property for forty-eight (48) hours or longer without the permission of the person having the right to the possession of the property, 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 (48) hours or longer;
(2) Three (3) years old, or older;
(3) Extensively damaged, such damage including, but not limited to, missing wheels, tires, motor, or transmission;
(4) Apparently inoperable; and
(5) Having a fair market value of one thousand five hundred dollars ($1,500) or less.
(b) Disposal.
(1) The City's Chief of Police, or state highway patrol trooper upon notification to the Chief of such action, shall order any abandoned junk motor vehicle to be photographed by a law enforcement officer. The officer shall record the make of motor vehicle, the serial number when available, and shall also detail the damage or missing equipment to substantiate the value of one thousand five hundred dollars ($1,500) or less.
(2) The Chief of Police shall thereupon immediately dispose of the abandoned junk motor vehicle to a motor vehicle salvage dealer, as defined in ORC 4738.01, or a scrap metal processing facility, as defined in ORC 4737.05, which is under contract to the City or to any other facility owned by or under contract with the City for the destruction of such motor vehicles. The records and photographs relating to the abandoned junk motor vehicle shall be retained by the Division of Police for a period of at least two (2) years.
(3) The Division of Police shall execute in quadruplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of and that all requirements of this section have been complied with and, within thirty (30) days of disposing of the vehicle, shall sign and file the affidavit with the clerk of courts of the county in which the motor vehicle was abandoned.
(4) The clerk of courts shall retain the original of the affidavit for the Clerk's files and shall furnish one (1) copy thereof to the Registrar, one (1) copy to the motor vehicle salvage dealer or other facility handling the disposal of the vehicle, and one (1) copy to the Division of Police, who shall file such copy with the records and photographs relating to the disposal.
(5) Any moneys arising from the disposal of an abandoned junk motor vehicle shall be deposited in the City's General Fund.
(c) Abandoned Junk Vehicle on Public Property. Notwithstanding Section 454.03 of this Traffic Code, any motor vehicle meeting the requirements of divisions (a)(3), (a)(4) and (a)(5) of this section which has remained unclaimed by the owner or lienholder for a period of ten (10) days or longer following notification as provided in Section 454.03 of this Traffic Code may be disposed of as provided in this section.
(ORC 4513.63)
(a) Prohibition Against Monetary Compensation in Exchange for Authorization to Tow. No towing service shall knowingly offer or provide monetary compensation in exchange for the authorization to tow a motor vehicle from a specified location or on behalf of the person to whom the towing service offered or provided the compensation. This section does not prohibit a towing service from negotiating or reducing towing and storage fees.
(ORC 4513.612)
(b) Prohibitions Related to Motor Vehicle Towing.
(1) No towing service shall permit the operation of a towing vehicle on behalf of the towing service, unless both of the following apply:
A. The towing service holds a valid certificate of public convenience and necessity as required by ORC Chapter 4921.; and
B. The certificate number and business telephone number is visibly displayed on both the left and right sides of the towing vehicle.
(2) No towing service shall do either of the following:
A. Fail to make its current certificate of public convenience and necessity available for public inspection during normal business hours;
B. Fail to include its certificate number on all written estimates, contracts, invoices and advertising, except that the Ohio Public Utilities Commission, by rule, may exempt from the requirements of division (b)(2)B. of this section any type of advertising where the size or nature of the advertisement makes it unreasonable to add a certificate number.
(ORC 4513.67)
(c) Penalties.
(1) Whoever violates division (a) this section is guilty of a minor misdemeanor.
(ORC 4513.612)
(2) Except as provided in division (c)(3) of this section, whoever violates division (b) of this section is guilty of a minor misdemeanor. A towing service that is issued a citation for a violation of division (b) of this section is not permitted to enter a written plea of guilty and waive the right to contest the citation in a trial but instead must designate an agent to appear in person in the proper court to answer the charge. If the towing service is convicted of or pleads guilty to the offense, the court shall notify the towing service that a subsequent offense will result in the seizure and impoundment of any tow truck that is used to tow vehicles on behalf of the towing service until the towing service obtains a certificate of public convenience and necessity.
(3) If a towing service previously has been convicted of or pleaded guilty to a violation of division (b) of this section, a violation of division (b) of this section is a misdemeanor and, notwithstanding ORC 2929.24 to 2929.28, the court shall impose upon the towing service a fine of five hundred dollars ($500). The court shall require the towing service to disclose the license plate number of every vehicle used to tow vehicles on behalf of the towing service and the court shall order an appropriate law enforcement agency to seize and impound all such vehicles. Upon presentation of a certificate of public convenience and necessity for the towing service, the court shall terminate the order and the law enforcement agency in possession of the vehicles shall release the vehicles.
(4) The offenses established under division (b) of this section are strict liability offenses and strict liability is a culpable mental state for purposes of ORC 2901.20. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(ORC 4513.67)
(d) Definitions. As used in division (b) of this section, "towing service" means any for-hire motor carrier that is engaged on an intrastate basis anywhere in this State in the business of towing a motor vehicle over any public highway in this State.
(ORC 4513.67)
See Chapter 408. of this Traffic Code for penalties for provisions of this Chapter for which no penalty is otherwise provided in the section violated.
(Ord. 2018-31. Passed 10/25/18)