§ 513-1. Impoundment of Motor Vehicles.

Any police officer may impound and cause to be towed any motor vehicle:

(1)

Which is stolen; or

(2)

Which is parked in violation of law; or

(3)

Which is involved in an accident; or

(4)

Which has been declared delinquent because of two or more outstanding traffic capiases or two or more outstanding traffic citations which have not been paid, or a bond posted pursuant to § 513-3 of the Cincinnati Municipal Code and registered for court in accordance with the provisions of § 511-23 of the Cincinnati Municipal Code; or

(5)

Which has been declared delinquent because of two or more outstanding parking judgments or two or more outstanding parking infractions which have not been paid or a bond posted pursuant to § 515-9 of the Cincinnati Municipal Code and registered for hearing with the Parking Violations Bureau in accordance with the provisions of §§ 515-5 and 515-6 C.M.C.; or

(6)

Which does not display currently valid license plates; or

(7)

Which is parked so as to block ingress or egress to a street, alley, roadway, driveway, parking facility or loading facility; or

(8)

Which is in the possession of a physically arrested person; or

(9)

Which is driven by a person who is under the influence of alcohol or drugs or a combination thereof; or

(10)

Which is subject to seizure and impoundment pursuant to the provisions of § 910-10; or

(11)

When the person in possession of a motor vehicle requests it to be impounded for safekeeping; or

(12)

Which motor vehicle was used in the commission of an offense in violation of Ohio Revised Code § 2921.331,"Failure to Comply with Order or Signal of Police Officer."

A motor vehicle which is subject to impoundment under items (8) or (9) above shall not be impounded if title or right to possession of the motor vehicle can be readily established, at the location where the motor vehicle is initially stopped, by either the driver of the motor vehicle, or the person in possession of the motor vehicle, or the person to whom possession of the motor vehicle is to be given if:

(a)

The motor vehicle can be safely and legally parked at its location; or

(b)

The driver is able to arrange for someone to take care of the motor vehicle after being given a reasonable opportunity to do so; unless the driver requests that the motor vehicle be impounded for safekeeping after being advised of such driver's rights under (a) and (b) above.

All motor vehicles impounded pursuant to (8) and (9) above shall be released without charge within 18 hours after impoundment where special equipment or handling is not required to accomplish the impoundment of the motor vehicle. A driver in police custody shall be given an opportunity to arrange for someone to retrieve the motor vehicle. All motor vehicles impounded pursuant to (8) or (9) above shall be released without charge where the person arrested is not charged with a crime; except the motor vehicle may be retained, when necessary, for other law enforcement purposes.

In the event that a motor vehicle ordered to be towed pursuant to this section has been reported stolen to the Cincinnati Police Department or constitutes a stolen vehicle to the knowledge of the Cincinnati Police Department at the time that such vehicle is towed, the Cincinnati Police Department shall take appropriate action to have such vehicle towed to an impound facility owned or controlled by the City of Cincinnati. Following standard issuance of notice to the owner pursuant to this chapter, any City-originated fees shall be waived by the City of Cincinnati for up to seven days following the towing of the vehicle excluding any fees owed to the City of Cincinnati pursuant to Section 513-3 arising from outstanding parking infractions or delinquent traffic citations. In the event that the vehicle has not been claimed or recovered by the owner after the seventh day, Cincinnati Police Department may, after payment of any amounts due to the towing company or the City of Cincinnati, make arrangements for transfer of the vehicle to a private impound facility and may thereafter proceed to dispose of the vehicle pursuant with the provisions of this chapter. For purposes of this chapter, a vehicle will be found to constitute "a stolen vehicle to the knowledge of the Cincinnati Police Department" if the Cincinnati Police Department has received written or verbal notice regarding the theft of the vehicle from a law enforcement agency at the time that the vehicle is towed pursuant to an order issued by Cincinnati Police Department. Cincinnati Police Department shall be deemed to have such notice of the vehicle's stolen status, if the vehicle's owner reported the vehicle stolen in another law enforcement jurisdiction and that jurisdiction provided the report or status update to Cincinnati Police Department in a manner reasonably calculated to have provided such information to the Cincinnati Police Department administration at the time that the vehicle in question was towed.

(C.M.C. 513-1; ordained by Ord. No. 364-1978, eff. Jan. 1, 1979; a. Ord. No. 13-1981, eff. Jan. 7, 1981; a. Ord. No. 36-1992, eff. Feb. 24, 1992; a. Ord. No. 88-1992, eff. April 3, 1992; a. Ord. No. 423-1992, eff. Sept. 16, 1992; a. Ord. No. 383-2007, § 3, eff. Nov. 24, 2007; a. Ord. No. 059-2010, § 2, eff. April 10, 2010; Ord. No. 252-2014, § 1, eff. Oct. 4, 2014)

Analogous to C.O. 511-19; a. Ord. No. 255-1959, eff. July 1, 1959; a. Ord. No. 173-1962, eff. June 8, 1962; a. Ord. No. 265-1962, eff. Aug. 4, 1962; a. Ord. No. 512-1965, eff. Jan. 15, 1965; a. Ord. No. 69-1966, eff. Mar. 18, 1966; a. Ord. No. 90-1969, eff. Apr. 1, 1969; a. Ord. No. 110-1971, eff. Mar. 24, 1971; reordained as C.M.C. 511-19, eff. Jan. 1, 1972; a. Ord. No. 322-1972, eff. June 28, 1972; a. Ord. No. 327-1975, eff. Sept. 1, 1975; a. Ord. No. 58-1976, eff. Feb. 11, 1976; r. Ord. No. 364-1978, eff. Jan. 1, 1979, reordained Ord. No. 282-1979, eff. Sept. 1, 1979; renumbered to C.M.C. 513-1 and amended by Ord. No. 367-1979, eff. Sept. 6, 1979.