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CROSS REFERENCES

Disposition of unclaimed vehicles, RC 737.32, 4513.62 et seq.

Use of illegal license plates prohibited, CO 435.11

Driving unsafe, damaged vehicles, CO 437.01

Abandoned vehicles, CO 451.25

Abandoned junk vehicles, CO 451.27

405.01     Vehicle Pounds Authorized

The Directer of Public Safety is hereby authorized to create vehicle pounds, to which vehicles may be removed by police officers in the manner hereinafter provided. Such pounds shall be located at such places as may be designated by the Director. Each pound shall be in the charge of a police officer. The Chief of Police shall designate a police officer to remain in attendance at each pound from 7:00 a.m. to 10:00 p.m. each day except Sunday, for the purpose of receiving, safeguarding and discharging vehicles as hereinafter provided.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

405.02     Impounding of Vehicles

Police officers are authorized to provide for the removal of a vehicle under the following circumstances:

(a) When any vehicle is left unattended upon any street, alley or bridge and constitutes an unreasonable hazard or obstruction to the normal movement of traffic or unreasonably interferes with street cleaning or snow removal operations, or when any vehicle is left on any street or public property for more than seventy-two hours.

(b)(1) Upon complaint of any person adversely affected, when any motor vehicle, other than an abandoned junk motor vehicle as defined in Section 4513.63 of the Revised Code, has been left on private residential or agricultural property as defined in Section 4513.60 of the Revised Code for more than four hours without the permission of the person having the right to the possession of the property. (RC 4513.60(A)(1))

(2) When any motor vehicle, other than an abandoned junk motor vehicle as defined in Section 4513.63 of the Revised Code, 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 Chief of Police of the reasons for leaving the motor vehicle in such place. (RC 4513.61)

(3) When any motor vehicle is an abandoned junk motor vehicle as defined in Section 4513.63 of the Revised Code and removal is authorized by that Section. (RC 4513.63)

(4) When any junk motor vehicle as defined in Section 4513.65 of the Revised Code has not been either covered by being housed in a garage or other suitable structure, or removed from the property, within ten days of the date of receipt of a notice meeting the requirements of division (b) of Section 451.27 by the person having the right to possession of the property on which the junk motor vehicle is left. (RC 4513.65)

(c) When any vehicle has been stolen or operated without the consent of the owner.

(d) When any vehicle is parked on any street or other public property and displays illegal plates or fails to display the current lawfully required license plates.

(e) When any vehicle has been used in or connected with the commission of procuring, soliciting, prostitution, soliciting drug sales in violation of Section 607.20, or any felony.

(f) 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.

(g) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator.

(h) When any vehicle has been operated by any person who failed to stop in case of accident or collision.

(i) 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.

(j) When any vehicle is found standing or parked in violation of the provisions of Section 451.04, 451.05, 451.06, 451.11, 451.13, 453.01, 453.02, 455.05, 455.06 or 455.07 of these Codified Ordinances and such vehicle has four or more of any combination of:

(1) unpaid parking infraction judgments, and/or

(2) notices of liability under Section 413.031 for red light or speeding violations, provided that the notices of liability under Section 413.031 are not on appeal, and/or

(3) previously issued outstanding criminal citations or notices of violation of any of the provisions of the Traffic Code.

(k) When any vehicle constitutes an unreasonable hazard to persons or property at the scene of a fire, accident, disaster, riot or emergency of any kind.

(l) When any vehicle is found standing or parked in violation of the provisions of Sections 451.03, 451.041, 451.08 through 451.10, 451.12, 451.15 through 451.25, division (e) or division (f) of Section 451.33, or division (a) of Section 461.15.

(m) When any vehicle is ordered immobilized pursuant to Chapters 4503., 4507, or 4511 of the Revised Code.

(n) When any vehicle that is subject to an order of immobilization and impoundment under Section 4503.233 of the Revised Code is found being operated on any street or highway.

(o) When any vehicle:

(1) displays license plates that are associated with five or more of any combination of unpaid parking infraction judgments and/or notices of liability under Section 413.031 for red light or speeding violations, provided that the notices of liability under Section 413.031 are not on appeal, and

(2) the vehicle is found standing or parked on any street or highway in the Central Business District, without regard to whether any parking infraction is being committed at the time. As used in this division, “Central Business District” has the same meaning as in Section 325.12 of the Codified Ordinances; and

(3) the Parking violations Bureau has sent a notice by regular US mail to the person to whom the license plates are registered that the conditions in division (o)(1) of this section exist and that the vehicle may be towed as provided in division (o) of Section 405.02.
(Ord. No. 645-06, § 2. Passed 6-12-06, eff. 6-16-06)

405.021     Ticketing and Impoundment of Vehicles by the Division of Parking Facilities

(a) The persons described in division (c) of this section may issue a parking infraction ticket when a vehicle is parked in violation of any section of these Codified Ordinances that section 459.01 defines as a parking infraction.

(b) A condition report shall be made in the manner described in Section 405.03 for any vehicle caused to be impounded by an employee of the Division of Parking Facilities. The original report shall be retained by the Division of Parking Facilities, and the copies shall be distributed as provided in Section 405.03. The employee causing the vehicle to be impounded shall stay on the scene until the vehicle is removed.

(c) This section shall apply to those employees of the Division of Parking Facilities whose duties include issuing parking infraction tickets or providing for the impoundment of vehicles. This section shall not affect the authority of any other City employee.
(Ord. No. 1484-90. Passed 6-18-90, eff. 6-27-90)

405.022     Release of Vehicles Impounded by the Division of Parking Facilities

Any vehicle impounded pursuant to Section 405.021 shall be released in the manner described in Section 459.08.
(Ord. No. 1495-87. Passed 11-23-87, eff. 11-25-87)

405.023     Continuous Violation Tickets

(a) No person shall stand or park a vehicle in continuous violation of any parking infraction offense.

(b) Any person authorized to issue parking infraction tickets who observes that a vehicle has been parked for two hours or more in continuous violation of a parking infraction offense may issue a second parking infraction ticket served in accordance with Chapter 459.

(c) No vehicle found standing or parked in continuous violation of any parking infraction offense shall be ticketed more than twice per calendar day for the same infraction in the same location.
(Ord. No. 645-06. Passed 6-12-06, eff. 6-16-06)

405.03     Report of Condition of Vehicle Towed by Private Agency

(a) The police officer who orders a motor vehicle to be taken into custody and towed by private towing agencies from the scene where found, shall make a report of the general condition of the vehicle and a list of its contents found in and about the interior. Such report shall be made in quadruplicate at the time the order or request to tow is made, upon forms prescribed by the Division of Police. The original and one copy of the report shall be kept in the files of the Division, one copy shall be delivered to the person who is to tow the vehicle and one copy shall be delivered to the owner of the vehicle at the time of release. The person who tows the vehicle shall sign all copies of the report prior to removing the vehicle from the scene. However, in the case of junk, abandoned or stripped vehicles, in the case of vehicles towed away under the emergency snow ban Section 451.17, or in the case of vehicles towed to City lots, it shall not be necessary that the police officer remain at the scene until the arrival of the towing agency. In any case of urgent police necessity, the officer may leave the scene, but shall return immediately after disposition of the emergency, or if the vehicle has been towed away, he shall go immediately to the towing agency, reinspect the vehicle and obtain the signature of the tow truck operator or the agency representative.

(b) No person shall remove tires, parts, equipment or anything of value from a motor vehicle taken into tow.

(c) The tow truck operator and the agency which he represents shall then be held responsible for the safe keeping of such vehicle until such time as it is reclaimed by the owner. If the vehicle is not maintained in the same condition as when received or has had anything detached or removed from it the towing agency shall be liable and shall compensate the owner accordingly.

(d) A conviction under this section or failure to fulfill this responsibility to properly safe keep such vehicle or to compensate for damage or loss shall result in the forfeiture of any agency's right and authority to conduct any further towing transaction for the Division of Police.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

405.04     Storage Fee at Vehicle Pound

Whenever any vehicle, except a bicycle, is stored in a vehicle pound for any reason, the person reclaiming the vehicle shall be charged a storage fee of nine dollars ($9.00) for the first five days or fraction thereof, and thereafter shall be charged six dollars ($6.00) for each day or fraction of a day. No fee for storage shall be charged when the vehicle is the property of the victim of a crime and said vehicle is being held by the Division of Police for processing.
(Ord. No. 2208-2000, Passed 6-19-01, eff. 6-27-01)

405.05     Redemption of Impounded Vehicles; Bond; Hearing; Trial

(a) The owner or other person lawfully entitled to possession of an impounded vehicle shall have the following three options with respect to such vehicle:

(1) The owner or other person lawfully entitled to possession of such vehicle shall pay a towing charge of twenty-five dollars ($25.00) for an ordinary tow or thirty-five dollars ($35.00) for a dolly tow, all outstanding fines for violating provisions of this Traffic Code, and a storage fee of three dollars ($3.00) for each day or part thereof the vehicle is impounded after the first twenty-four hours. Upon such payment, the vehicle shall be released.

(2) The owner or other person lawfully entitled to possession of such vehicle shall furnish a bond in an amount as set by rule of the Municipal Court. Such bond shall be upon condition that such owner or other person appear in the Municipal Court to answer the violation which caused the vehicle to be impounded. The date for such appearance shall be scheduled when the bond is posted. Upon the posting of such bond, the vehicle shall be released.

(3) The owner or other person lawfully entitled to possession of such vehicle shall request a probable cause hearing. The hearing shall take place on the day after such owner or other person has given written notice to the Cleveland Police Division Vehicle Impound Unit of his intention to challenge the towing. If, however, such day is a Saturday, Sunday or legal holiday, the hearing will be held on the next day which is not a Saturday, Sunday or legal holiday.

The hearing shall be held before a judge in the Municipal Court. The scope of the hearing shall be confined to the issue of whether there was probable cause to believe the vehicle was parked in violation of law at the time of towing. The Court shall receive into evidence the Police Division's dispatch card on the vehicle or the traffic citation or notice which led to the impoundment of the vehicle. The Court shall also receive into evidence a computer printout from the Cleveland Alert Law Enforcement System (CALES) if the vehicle was towed pursuant to Section 405.02(j). The admission into evidence of the dispatch card or traffic citation or notice, or the dispatch card or traffic citation or notice and the computer printout where the vehicle was towed pursuant to Section 405.02(j), shall constitute a prima facie showing of probable cause. Additional evidence however, may be offered by the City. The owner or other person lawfully entitled to possession of the vehicle may offer evidence at the conclusion of the City's case, which may be followed by rebuttal. The hearing shall be conducted under the rules of evidence prevailing in criminal trials generally. Upon conclusion of all the evidence, the Court shall do one of the following:

A. Find that there was no probable cause to believe that the vehicle was parked in violation of law at the time of towing, in which case the vehicle shall be released without charge.

B. Find that there was probable cause to believe that the vehicle was parked in violation of law at the time of towing, in which case the vehicle shall be held pending trial on the traffic citation. The trial on the merits of the traffic citation shall be scheduled upon a finding of probable cause. However, the owner or other person lawfully entitled to possession of the vehicle may furnish a bond as provided in subsection (a)(2) hereof, and claim the vehicle pending trial.

(b) If at the trial on the merits of the traffic citation, the Court finds the defendant not guilty, the vehicle, if impounded, shall be released without charge. If the Court finds the defendant guilty, the Court shall, in addition to court costs and any sentence on the traffic citation, impose a fine consisting of the impounding fee and towing fee established by Section 405.04. The fine comprised of the impounding fee, the towing fee and the storage fee is mandatory, and the Court shall not suspend any part of such fine. Upon the payment of all of the foregoing sums, the vehicle shall be released.

(c) No vehicle shall be released pursuant to this section unless the person claiming ownership or lawful possession produces proof of identity and ownership.
(Ord. No. 1054-A-80. Passed 1-12-81, eff. 1-16-81)

405.06     Impounding and Towing Fees

(a) In addition to the storage fee provided for in Section 405.04, the following fees shall be assessed against the owner or other person claiming an impounded vehicle:

(1) An impound fee of thirty dollars ($30.00), except that the impound fee shall be reduced to ten ($10.00) dollars for a person reclaiming a recovered stolen vehicle.

(2) A towing fee of seventy-five dollars ($75.00), except that the towing fee shall be reduced to fifty dollars ($50.00) for a person reclaiming a recovered stolen vehicle, and shall be increased to one hundred dollars ($100.00) for a person reclaiming a vehicle impounded incident to an arrest.

The towing charge shall be increased by ten dollars ($10.00) if a dolly or flatbed is used or if a tire or tires are changed, except that there shall be no such additional charge in the case of a recovered stolen vehicle.

(b) No towing or impounding fees shall be charged when the vehicle is the property of the victim of a crime and such vehicle is being held by the Division of Police for processing.
(Ord. No. 650-99. Passed 6-12-00, eff. 6-22-00)

405.07     Pound Records

The police officer or person in charge of the vehicle pound shall keep the names of all owners of vehicles impounded, license plate numbers and the nature and circumstances of each violation, as well as the disposition of each case. The Clerk of the Municipal Court shall account for all fees collected under this chapter and pay the same into the City Treasury.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

405.08     Impounding Commercial Vehicles; Fees

(a) Storage fee. Notwithstanding the provisions of Section 405.04, whenever any commercial vehicle is impounded and stored, either in a vehicle pound operated by the City or other area designated by the Director of Public Safety, a charge of ten dollars ($10.00) per day or fraction thereof in excess of twenty-four (24) hours, shall be charged for the storage of all commercial vehicles not exceeding five (5) tons net weight, and a charge of twenty dollars ($20.00) per day or fraction in excess of twenty-four (24) hours, shall be charged for the storage of all commercial vehicles in excess of five (5) tons net weight.

(b) Towing fees. Notwithstanding the provisions of Section 405.06, the fees for towing a commercial vehicle will be assessed in accordance with this division. Each firm that is under contract with the City for the towing of commercial vehicles under the authority of Section 135.42 shall be paid in accordance with the schedule of its commercial rates on file with the Director of Public Safety as required by division (d) of Section 135.42.

(c) Impounding fee. An impounding fee of thirty dollars ($30.00) shall be charged.

(d) Fees assessed. The storage and impounding fees provided for in this section shall be assessed against the owner or other person claiming such impounded vehicles.
(Ord. No. 292-07. Passed 6-11-07, eff. 6-15-07)

405.09     Impounding Bicycles

Whenever any bicycle is operated by any minor under the age of eighteen years in violation of the provisions of this Traffic Code, such bicycle may be impounded by any police officer in any vehicle pound established under authority of Section 405.01. When any bicycle has been impounded, written notice or personal service shall be made forthwith by the officer in charge of such pound to a parent or guardian of the licensee of such bicycle. The bicycle so impounded shall be surrendered to a parent or guardian of such minor after payment of any impounding charge and a full explanation to the parent or guardian of the reason for seizing the bicycle. When any impounded bicycle is not redeemed within three days after mailing of notice or personal service, a charge of twenty-five cents (25¢) per day but not to exceed one dollar ($1.00) shall be made by the officer in charge of the pound and collected by the Clerk of the Municipal Court for such impounding.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

405.10     Towing Preparation Fees

(a) The owner or other person claiming an impounded vehicle other than a commercial vehicle shall be assessed the following towing preparation fees in addition to the other fees and costs provided for in these Codified Ordinances:

(1) $3.00 for each fuse needed.

(2) $2.00 for removal of the transmission pin.

(3) A rate of $7.00 per quarter hour or fraction thereof in excess of one-half hour for the preparation of the vehicle for towing, commencing at the arrival of the tow truck at the vehicle to be impounded, provided that any of the following circumstances exist:

A. When the vehicle is not on the traveled portion or berm of the roadway, such as over an embankment or in deep snow or mud; or

B. When it is necessary to separate vehicles or pull the vehicle from an obstruction; or

C. When it is necessary to right the vehicle on its wheels.

(b) The owner or other person claiming an impounded commercial vehicle shall be assessed the following towing preparation fees in addition to the other fees and costs provided for in these Codified Ordinances:

(1) $3.00 for each fuse needed.

(2) $75.00 per dolly required.

(3) A rate of $36.00 per hour or fraction thereof, and thereafter a rate of $18.00 per half hour or fraction thereof, per additional helper.

(4) $200.00 for each rescue kit (air bags) per hour or fraction thereof to a maximum of $1,200.00.
(Ord. No. 578-89. Passed 6-19-89, eff. 6-28-89)

405.11     Fee for Incompleted Tow

(a) If the owner or other person claiming a right to lawful possession of a vehicle to be impounded for a violation of any of the parking infraction offenses listed in division (l) of Section 405.02 arrives at the scene prior to the actual conveyance of the vehicle and identifies himself and establishes to the satisfaction of the police officer that he is entitled to possession of the vehicle, the police officer providing for the removal of the vehicle shall direct that the activity to remove the vehicle be ceased. The police officer shall then direct that the possession of the vehicle be retained by or returned to the owner or other person claiming lawful possession of the vehicle, provided that all of the following are true, in the opinion of the police officer:

(1) The owner or other person claiming lawful possession of the vehicle is capable of safely taking possession of the vehicle; and

(2) The flow of traffic will not be unreasonably impeded; and

(3) The health, safety or welfare of the public will not be adversely affected.

(b) If the circumstances described in division (a) of this section occur after a tow truck has arrived at the vehicle and activity to remove the vehicle has commenced, then the owner or other person claiming lawful possession of the vehicle shall be charged a fee of twenty-five dollars ($25.00), twenty dollars ($20.00) of which shall be for the cost of the activity to remove the vehicle and five dollars ($5.00) of which shall be attributed to the cost of releasing the vehicle.

(c) A police officer shall not direct that a vehicle be retained by or returned to the owner or other person pursuant to division (a) of this section in cases in which there are four (4) or more parking infraction judgments or previously issued outstanding criminal citations or notices of violation of any of the provisions of this Traffic Code associated with the vehicle.
(Ord. No. 533-91. Passed 3-4-91, eff. 3-4-91)

405.12     Fee for Diverting Recovered Stolen Vehicles and Other Vehicles from Impoundment; Agreements Authorized

A fee shall be charged to participants in a program established by the Director of Public Safety to divert, as an alternative to impoundment, recovered stolen vehicles, damaged or wrecked vehicles resulting from traffic accidents that are subject to impoundment under Section 405.02, and other classes of vehicles as determined by the Director, to the possession of an insurance company, the owner of the vehicle, or a third party acting on behalf of the insurance company or owner. The Board of Control shall establish a fee per vehicle to be charged to the participants in the program. The Director of Public Safety may enter into agreements to conduct a vehicle diversion program as described in this section.
(Ord. No. 1119-91. Passed 6-17-91, eff. 6-26-91)

405.13     Auctioning of Impounded Motor Vehicles that are Unclaimed or Abandoned

(a) The Director of Public Safety may arrange for the auction of non-commercial and commercial vehicles that are impounded under the authority of these Codified Ordinances, other than vehicles subject to forfeiture under Chapter 2933 of the Revised Code where the disposition of the vehicle is governed by that chapter, and that are unclaimed or abandoned and authorized to be disposed of under Chapter 4513 of the Revised Code or other applicable law. The provisions of this section do not limit the authority of the Director of Public Safety to dispose of such vehicles under any contract that the Director may have entered into with motor vehicle salvage dealers or scrap metal processing facilities under the authority of division (a)(3) of section 135.42 for the disposal of such vehicles.

(b) If a vehicle is auctioned under the authority of this section, then the proceeds of the auction shall be deposited in an agency fund. The proceeds of the auction shall be disbursed from the agency fund in the following priority: the towing firm that impounded the vehicle shall be paid first, in the amount authorized for its services in these Codified Ordinances, up to the amount of the proceeds obtained. The storage company shall be paid next, in the amount authorized for its services in these Codified Ordinances, for storage for the number of days that the vehicle was stored or 30 days, whichever is less, up to the amount of proceeds remaining after the towing firm is paid. Any other costs required to be paid by the City in connection with the auction shall be paid next, up to the amount of the proceeds remaining after the towing and storage firms are paid as provided in this division. Any remaining funds shall be paid to the credit of the general fund.

(c) The Director of Public Safety may allow a vendor under contract with the City under the authority of section 135.42 for the towing of commercial vehicles to itself conduct the auction of unclaimed commercial vehicles under such terms as the Director may prescribe. In any such case, the proceeds obtained at auction shall be dispersed by the vendor in the same amounts as that specified in division (b) of this section for auctions conducted by the City.
(Ord. No. 292-07. Passed 6-11-07, eff. 6-15-07)