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Gilboa Police Officers
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| Gilboa Police Department | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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§ 95.06 JUNK MOTOR VEHICLE; ORDER TO COVER OR REMOVE; NOTICE; EXCEPTIONS. (A) (1) For purposes of this section, JUNK MOTOR VEHICLE means any motor vehicle meeting the requirements of § 95.04(A)(2), (A)(3), (A)(4) and (A)(5) that is left uncovered in the open on private property for more than 72 hours with the permission of the person having the right to possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under the authority of R.C. §§ 4737.05 through 4737.12, or otherwise regulated under authority of a political subdivision; 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. (2) The municipality shall not prevent a person from storing or keeping, or restrict him or her 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 municipality may require a person having such permission to conceal, by means of buildings, fences, vegetation, terrain, or other suitable obstruction, and unlicensed collector’s vehicle stored in the open. (3) The Police Chief, the Legislative Authority, or the zoning authority 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 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. (4) No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten 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 subsequent period of 30 days that a junk motor vehicle continues to be so left constitutes a separate offense. (B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor on a first offense. If the offender previously has been convicted of or pleaded guilty to one violation of this section, whoever violates this section is guilty of a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, whoever violates this section is guilty of a misdemeanor of the third degree. (R.C. § 4513.65) (Rev. 2004) |
§ 95.04 DISPOSITION OF ABANDONED JUNK MOTOR VEHICLES. (A) ABANDONED JUNK MOTOR VEHICLE means any motor vehicle meeting all of the following requirements: (1) The vehicle is left on private property for 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 48 hours or longer; (2) The vehicle is three years old or older; (3) The vehicle is extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, motor, or transmission; (4) The vehicle is apparently inoperable; and (5) The vehicle has a fair market value of $1,500 or less. (B) The Police Chief 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 $1,500 or less. The Police Chief shall thereupon immediately dispose of the abandoned junk motor vehicle to a motor vehicle salvage dealer as defined in R.C. § 4738.01 or a scrap metal processing facility as defined in R.C. § 4737.05 which is under contract to the municipality, or to any other facility owned by or under contract with the municipality for the destruction of such motor vehicles. The records and photographs relating to the abandoned junk motor vehicle shall be retained by the law enforcement agency ordering the disposition of such vehicle for a period of at least two years. The law enforcement agency 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 R.C. § 4513.63 have been complied with, and, within 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. The Clerk of Courts retains the original of the affidavit for the Clerk's files, furnishes one copy thereof to the registrar, one copy to the motor vehicle salvage dealer or other facility handling the disposal of the vehicle, and one copy to the law enforcement agency ordering the disposal, who shall file such copy with the records and photograph relating to the disposal. Any monies arising from the disposal of an abandoned junk motor vehicle shall be deposited in the general fund of the municipality. (C) Notwithstanding § 95.02, any motor vehicle meeting the requirements of division (A)(2), (A)(3) and (A)(5) of this section which has remained unclaimed by the owner or lienholder for a period of ten days or longer following notification as provided in § 95.02 may be disposed of as provided in this section. (R.C. § 4513.63) (Rev. 2005) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| GILBOA POLICE DEPARTMENT 206 Main St. Gilboa, OH 4875 phone: 419-456-3264 |
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