IMPOUNDING

Codified Ordinances of Cleveland pt. FOUR, tit. I, ch. 405

in effect

Codified Ordinances of Cleveland § 405.01 Vehicle Pounds Authorized

§ 405.01 Vehicle Pounds Authorized The Director 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 non-commercial 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 non-commercial pound while the facility is open to the general public, for the purpose of receiving, safeguarding and discharging vehicles as hereinafter provided. (Ord. No. 698-2026. Passed 7-15-26, eff. 7-20-26)

Codified Ordinances of Cleveland § 405.02 Impounding of Vehicles

§ 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 (72) hours. (b) (1) Upon complaint of any person adversely affected, when any motor vehicle, other than an abandoned junk motor vehicle as defined in RC 4513.63, that has been left on private residential or private agricultural property for at least four (4) 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 RC 4513.63, 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 (48) hours or longer without notification to the Chief of Police of the reasons for leaving the motor vehicle in such place. (RC 4513.61(A)(2)) (3) When any motor vehicle is an abandoned junk motor vehicle as defined in RC 4513.63 and removal is authorized by that section. (4) When any junk motor vehicle as defined in RC 4513.65 has not been either covered by being housed in a garage or other suitable structure, or removed from the property, within ten (10) 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. (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 or her 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 (4) 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 this 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, divisions (i), (j) or (k) of Section 451.33, or division (a) of Section 461.15. (m) When any vehicle is ordered immobilized pursuant to RC Chapters 4503, 4507, or 4511. (n) When any vehicle that is subject to an order of immobilization and impoundment under RC 4503.233 is found being operated on any street or highway. (o) When any vehicle: (1) Displays license plates that are associated with five (5) 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) 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 U.S. 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 this division. (Ord. No. 1276-15. Passed 10-16-17, eff. 10-20-17)

Codified Ordinances of Cleveland § 405.03 Report of Condition of Vehicle Towed by Private Agency

§ 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 at the time the order or request to tow is made, upon forms prescribed by the Division of Police. The person who tows the vehicle shall sign the report prior to removing the vehicle from the scene. However, in the case of junk, abandoned or stripped vehicles, or 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 or she 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 or she represents shall then be held responsible for the safe keeping of such vehicle until such time as it is no longer in their possession. 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. 698-2026. Passed 7-15-26, eff. 7-20-26)

Codified Ordinances of Cleveland § 405.04 Storage Fee at Vehicle Pound

§ 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 sixteen dollars ($16.00) per day, for each day or fraction of a day, for the first five (5) days or fraction thereof, and thereafter shall be charged fourteen dollars ($14.00) per day, 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. 465-2026. Passed 5-11-26, eff. 5-13-26)

Codified Ordinances of Cleveland § 405.06 Impounding and Towing Fees

§ 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 dollars ($10.00) for a person reclaiming a recovered stolen vehicle. (2) A towing fee of one hundred ninety dollars ($190.00), except that the towing fee shall be reduced to fifty dollars ($50.00) for a person reclaiming a recovered stolen vehicle. The towing charge shall be increased by fifty dollars ($50.00) if a dolly or flatbed is used or if a tire or tires are changed. (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. 698-2026. Passed 7-15-26, eff. 7-20-26)

Codified Ordinances of Cleveland § 405.07 Pound Records

§ 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)

Codified Ordinances of Cleveland § 405.08 Impounding Commercial Vehicles; Fees

§ 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 twenty dollars ($20.00) 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-five dollars ($25.00) 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. 698-2026. Passed 7-15-26, eff. 7-20-26)

Codified Ordinances of Cleveland § 405.10 Towing Preparation Fees

§ 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) Thirty-five dollars ($35.00) for removal of the transmission pin. (2) A rate of thirty-five dollars ($35.00) per quarter hour or fraction thereof in excess of one-half (1/2) 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; or D. Excessive clean up of an accident scene is required; or E. Any combination of the above. (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) Seventy-five dollars ($75.00) per dolly required. (2) A rate of forty dollars ($40.00) per hour or fraction thereof, and thereafter a rate of twenty dollars ($20.00) per half hour or fraction thereof, per additional helper. (3) Two hundred fifty dollars ($250.00) per hour for use of equipment per hour or fraction thereof to a maximum of one thousand two hundred dollars ($1,200.00). (Ord. No. 698-2026. Passed 7-15-26, eff. 7-20-26)

Codified Ordinances of Cleveland § 405.11 Fee for Incompleted Tow

§ 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 or herself and establishes to the satisfaction of the police officer that he or she 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 issued a separate parking infraction for the dropped tow fee and charged a fee of forty-five dollars ($45.00), forty dollars ($40.00) 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. 698-2026. Passed 7-15-26, eff. 7-20-26)

Codified Ordinances of Cleveland § 405.13 Auctioning of Impounded Motor Vehicles that are Unclaimed or Abandoned

§ 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 RC Chapter 2933 where the disposition of the vehicle is governed by that chapter, and that are unclaimed or abandoned and authorized to be disposed of under RC Chapter 4513 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 thirty (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)

Codified Ordinances of Cleveland § 405.14 Review of Fees

§ 405.14 Review of Fees Prior to initiating the competitive bidding process for towing, storage, or disposal contracts under this chapter, the Director of Public Safety shall review and, if necessary, recommend adjustments to the fees. (Ord. No. 698-2026. Passed 7-15-26, eff. 7-20-26)

Codified Ordinances of Cleveland § 405.021 Ticketing and Impoundment of Vehicles by the Division of Parking Facilities

§ 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)

Codified Ordinances of Cleveland § 405.022 Release of Vehicles Impounded by the Division of Parking Facilities

§ 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)

Codified Ordinances of Cleveland § 405.023 Continuous Violation Tickets

§ 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 (2) 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)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-22069Fetched: 11/1/2026