303.08 IMPOUNDING OF VEHICLES; REDEMPTION.

   (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 illegally parked.

              (2)   When any vehicle is left on public or private property without permission and upon complaint of the private or public property owner, or on a public street 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 and is located upon either public or private property.

      (4)   When any vehicle displays illegal license plates or fails to display the current lawfully required plates and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.

      (5)   When any vehicle has been used in or connected with the commission of a felony and is located upon either public or private property.

      (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, and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.

      (7)   When any vehicle is left unattended either on public or private property 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 and is located either on public or private property.

      (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 and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.

      (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, and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.

      (11)   When any truck or trailer is charged with violating Section 351.16.

         (b)    Any vehicle removed under authority of subsection (a) hereof shall be ordered into storage and/or disposed of as provided under State law. If the vehicle is ordered into storage, the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefore and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the police offices to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.

   (c)    No liability shall attach to the officer or officers ordering the removal and storage of such vehicle or vehicles, or for damage caused thereto or resulting therefrom. Any person towing or storing the vehicle at the request of any member of the Police Department shall have a lien on the vehicle for the towing and storage charges incurred, such towing charges not to exceed forty dollars ($40.00) per vehicle towed; and for storage services, not to exceed five dollars ($5.00) per day per vehicle. If the vehicle to be towed exceeds ten thousand (10,000) pounds in weight, then the charge and lien shall be one hundred dollars ($100.00) per hour with a two (2) hour minimum charge, exclusive of any storage charge permitted by ordinance. In addition to the towing charge set forth in this subsection, whenever a motor vehicle is towed, removed, ordered into storage or impounded at the behest of a Youngstown City Police Officer, the owner of said vehicle shall be responsible to pay an administration fee to the authorized tower contractor representing ordinary, usual and reasonable expenses of the City of Youngstown incurred as a result of such towing, removal, ordering into storage or impoundment. Such fee shall be, and is, thirty dollars ($30.00). The aforesaid towing, storage and administration charges are hereby established as the tower contractor's lien upon the vehicle. The tower contractor shall deliver the administration fees collected pursuant to this Section to the City of Youngstown Finance Department on a monthly basis and said fees shall be used solely for the purchase of motor vehicles for the City's Police Department.

     In the event it is later determined by the Chief of Police that the vehicle towed was not related to a crime or was ordered towed in error by the Police, the City reserves the right to have the vehicle released free of any charges to the owner and/or the Police Department. The City also reserves the right to have any portion of the charges waived at the recommendation of the Chief of Police.   

   The Finance Department shall have the right to review, audit and inspect any and all records of the towing companies in this matter.

   (d)   The administration fee provided for in subsection (c) hereof, shall be, and is, in addition to any fine and any other fee or charge provided for in the Codified Ordinances of the City of Youngstown or elsewhere.

   (e)   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.

   (f)   Any person, firm or corporation engaged in the business of offering towing services shall have imprinted on both sides of any vehicle used as a tow truck the name, address and telephone number of the person, firm or corporation owning such vehicle. The name shall be printed in letters three inches high and not less than three-eighths inch wide, while the address, place and phone number shall he in letters two inches high and not less than three-eighths inches wide. Such lettering shall be done in a color which will contrast sharply with the background upon which it is painted and shall be placed in such position as to be easily seen by anyone wishing to identify the vehicle. Markings must be kept clear and distinct at all times.

   (g)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.

(Ord. 12-310. Passed 9-19-12.)