(A) The owner of private property may establish a private tow-away zone, but may do so only if all of the requirements of R.C. § 4513.601 are satisfied. Vehicles in violation of this section may be removed and dealt with in accordance with the strictures of R.C. § 4513.601(A)-(F).
(B) (1) The owner or lienholder of a vehicle that is removed under division (A) of this section may reclaim it upon all of the following:
(a) Presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle, a certificate of registration for the motor vehicle, or a lease agreement;
(b) Payment of the following fees:
1. Not more than $90 for the removal of the vehicle. However, if the vehicle has a manufacturer's gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer, not more than $150 for the removal.
2. Not more than $12 per 24-hour period for the storage of the vehicle. However, if the vehicle has a manufacturer's gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer, not more than $20 per 24-hour period for storage.
3. If notice has been sent to the owner and lienholder as described in R.C. § 4513.601(F) of this section, a processing fee of $25.
(2) A towing service or storage facility in possession of a vehicle that is removed under authority of division (A) of this section shall show the vehicle owner, operator, or lienholder who contests the removal of the vehicle all photographs taken of the vehicle as required by R.C. § 4513.601(D). Upon request, the towing service or storage facility shall provide copies of all photographs in the medium in which the photographs are stored, whether paper, electronic, or otherwise.
(3) Upon presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle, a certificate of registration for the motor vehicle, or a lease agreement, the owner of a vehicle that is removed under authority of division (A) of this section may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. For purposes of this section, "personal items" do not include any items that are attached to the vehicle.
(C) No towing service or storage facility shall remove, or cause the removal of, any vehicle from private property that is established as a private tow-away zone under this section, store such a vehicle other than in accordance with this section, or otherwise fail to comply with any applicable requirement of this section.
(D) This section does not affect or limit the operation of R.C. §§ 4513.60 or 4513.61 to 4613.65 as they relate to property other than private property that is established as a private tow-away zone under division (A) of this section.
(E) The owner of any towing service or storage facility or property owner that violates the requirements of either division (B) of this section or R.C. § 4513.601(H), violates this section, and is guilty of a minor misdemeanor.
(Ord. 2017-22, passed 4-3-2017)
Statutory reference:
Private two-away zones, see R.C. § 4513.601