(A) If a motor vehicle accident occurs on any highway, public street or other property open to the public for purposes of vehicular travel and if any motor vehicle, cargo or personal property that has been damaged or spilled as a result of the motor vehicle accident is blocking the highway, street or other property or is otherwise endangering public safety, the Chief of Police or the Chief of the Fire Department, or a duly authorized subordinate acting on behalf of such an official, without consent of the owner but with the approval of the law enforcement agency conducting any investigation of the accident, may remove the motor vehicle if the motor vehicle is unoccupied, cargo or personal property from the portion of the highway, public street or property ordinarily used for vehicular travel on the highway, public street or other property open to the public for purposes of vehicular travel.
(B) (1) Except as provided in division (B)(2) or (B)(3) of this section, the Chief of Police, any police officer, the Chief of the Fire Department, any firefighter, or a duly authorized subordinate acting on behalf of such an official, who authorizes or participates in the removal of any unoccupied motor vehicle, cargo or personal property as authorized by division (A) of this section is not liable in civil damages for any injury, death or loss to person or property that results from the removal of that unoccupied motor vehicle, cargo or personal property. Except as provided in division (B)(2) or (B)(3) of this section, if the Chief of Police or Chief of the Fire Department, or a duly authorized subordinate acting on behalf of such an official, authorizes, employs or arranges to have a private tow truck operator or towing company remove any unoccupied motor vehicle, cargo or personal property as authorized by division (A) of this section, that private tow truck operator or towing company is not liable in civil damages for any injury, death or loss to person or property that results from the removal of that unoccupied motor vehicle, cargo or personal property. Further, the Chief of Police or Chief of the Fire Department, or a duly authorized subordinate acting on behalf of such an official, is not liable in civil damages for any injury, death or loss to person or property that results from the private tow truck operator or towing company’s removal of that unoccupied motor vehicle, cargo or personal property.
(2) Division (B)(1) of this section does not apply to any person or entity involved in the removal of an unoccupied motor vehicle, cargo or personal property pursuant to division (A) of this section if that removal causes or contributes to the release of a hazardous material or to structural damage to the roadway.
(3) Division (B)(1) of this section does not apply to a private tow truck operator or towing company that was not authorized, employed or arranged by the Chief of Police or Chief of the Fire Department, or a duly authorized subordinate acting on behalf of such an official, or to a private tow truck operator or towing company that was authorized, employed or arranged by the Chief of Police or Chief of the Fire Department, or a duly authorized subordinate acting on behalf of such an official, to perform the removal of the unoccupied motor vehicle, cargo or personal property and the private tow truck operator or towing company performed the removal in a reckless or willful manner.
(C) As used in this section, HAZARDOUS MATERIAL has the same meaning as in R.C. § 2305.232.
(R.C. § 4513.66)