§ 759-5. Impoundment of Motor Vehicles Used to Facilitate Officer Evasion, Prostitution or Drug Related Crimes.

(a)

In addition to the imposition of a civil fine, a police officer may impound and cause to be towed any motor vehicle when the officer has probable cause to believe that the motor vehicle was used to facilitate the commission or attempted commission of a crime involving failure to comply with the order or signal of a police officer pursuant to Ohio Revised Code § 2921.331, sexual activity for hire pursuant to Ohio Revised Code §§ 2907.21, 2907.22, 2907.23 2907.24, 2907.241 or 2907.25, and/or a crime involving the possession, delivery, transportation, purchase or sale of illegal drugs pursuant to §§ 2925.03, 2925.09, 2925.11, 2925.32 or 2925.37, or pursuant to Cincinnati Municipal Code §§ 601-23 or 910-23.

(b)

Upon impounding the vehicle, the police officer shall provide by hand delivery to any present owner or person in control of the vehicle notice of the fact of the impoundment, notice of a civil offense and civil fine in accordance with § 1501-13, the location of the city impound lot and the right to post a cash bond pursuant to § 759-9.

(c)

If the vehicle owner is unavailable to receive such notice, then the police officer or agent of the city police department shall provide notice to all owner(s) of the vehicle at addresses set forth in the vehicle registration within three business days of the date of impoundment. The notice shall include the fact of the impoundment, notice of a civil offense and civil fine in accordance with § 1501-13, the location of the city impound lot and the right to post a cash bond pursuant to § 759-9.

(d)

This section shall not apply and no vehicle shall be impounded or towed pursuant to this section under any of the following circumstances:

(1)

A law enforcement agency seizes the vehicle pursuant to Ohio Revised Code § 2933.43.

(2)

The vehicle was operating as a common carrier at the time it was subject to impoundment.

(3)

The vehicle is a rental vehicle from an automobile rental or leasing agency for a term of no more than thirty consecutive calendar days.

(Ordained by Ord. No. 330-2002, § 1, eff. Oct. 9, 2002; a. Ord. No. 451-2005, § 1, eff. Dec. 22, 2005; Emer. Ord. No. 139-2006, §§ 3, 4, eff. 5-10-06; a. Ord. No. 059-2010, § 6, eff. April 10, 2010)