(A) If an owner of private property posts on the property, in a conspicuous manner, a prohibition against parking on the property or conditions and regulations under which parking is permitted, no person shall do either of the following:
(1) Park a vehicle on the property without the owner’s consent; or
(2) Park a vehicle on the property in violation of any condition or regulation posted by the owner.
(B) Except as provided in R.C. § 4513.60 through 4513.65 and subject to the requirements of this section, the owner of private property or his or her authorized agent may remove, or cause to be removed, any vehicle parked on the property in violation of a posted parking prohibition, condition, or regulation.
(C) The owner of private property may create a private tow-away zone only if all of the following conditions are satisfied:
(1) The owner posts on his or her property a sign, that is 18 inches by 24 inches in size, that is visible from all entrances to the property, and that contains at least all of the following information:
(a) A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;
(b) The telephone number of the person from whom a towed away vehicle can be recovered and the address of the place to which the vehicle will be taken and from which it may be recovered; and
(c) A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a towing charge and storage charge in the amount established by the business or entity which was contacted by the owner of the private property for purposes of towing the vehicle.
(2) The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted, and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipality.
(D) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with division (C) hereof, without the consent of the owner of the property, the owner and the operator of the vehicle shall be deemed to have consented to the removal and storage of the vehicle, and to the payment of the towing and storage charges specified in division (C)(1)(c) hereof, and the owner may recover the vehicle only upon submission of proof of ownership and the payment of such charges. However, if the owner or operator of the vehicle arrives after the vehicle has been prepared for removal but prior to its actual removal from the zone, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the normal towing charge of the person who has prepared the vehicle for removal in order to obtain release of the vehicle. Upon payment of this fee, the vehicle shall be released to the owner or operator and upon release of the vehicle, the owner or operator immediately shall move the vehicle so that it is not parked on the private property established as a private tow-away zone without the consent of the owner.
(E) If an owner of private property, or his or her authorized agent, removes or causes the removal of a vehicle from that property pursuant to this section, the owner or agent shall notify the Police Division of the removal and of the vehicle’s license plate number.
(Ord. 4305, passed 2-7-1983; Am. Ord. 4990, passed 2-6-1989; Am. Ord. 5250, passed 2-4-1991)