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(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;
(2) Park a vehicle on the property in violation of any condition or regulation posted by the owner.
(b) Except as provided in Ohio R.C. 4513.60 to 4513.65 and subject to the requirements of this section, the owner of private property or his 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 property a sign that is at least eighteen inches by twenty-four 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 shall 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;
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 in an amount not to exceed forty dollars ($40.00) and a storage charge in an amount not to exceed five dollars ($5.00) per twenty-four hour period.
(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 subsection (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 subsection (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 no 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) No owner of private property shall remove, or shall cause the removal and storage of, any vehicle pursuant to this section by tow truck or tow truck operator in violation of any other municipal ordinance regulating such truck or operator.
(f) Except as provided in Ohio R.C. 4513.60 to 4513.65 and Section 303.08 of this Traffic Code, no person shall remove, or cause to be removed, any vehicle from private property other than in accordance with this section.
(g) If an owner of private property, or his 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 of the removal and of the vehicle's license plate number.
No motor vehicle exceeding eight (8) feet in height or twenty (20) feet in combined total length, or tow truck or tow equipment, shall park on private property or public rights-of-way within any residential zoning district. This prohibition shall not apply to construction sites during the construction process or to a vehicle in the process of making deliveries or pickups.
(Ord. 2011-43. Passed 12-7-11.)
(a) Whenever, during any period of twenty-four (24) hours or less, snow falls in the City or in a section thereof to a depth of three (3) inches or more, an emergency is declared to exist in that such a heavy snow storm constitutes a serious public hazard impairing transportation, medical care, fire, health and police protection and other vital facilities of the City. The emergency shall continue until an announcement by the City Manager that snow plowing operations have been completed, which announcement shall be made in the same manner as outlined in subsection (b) hereof.
(b) Whenever such an emergency exists the City Manager, or designee thereof, shall request the cooperation of the local press and radio and television stations to announce the emergency and the time that emergency parking regulations will become effective, which time shall be no sooner than one (1) hour after the first announcement. The emergency shall also be posted on the City of Canfield website and on its other social media platforms. Such postings and announcements by two (2) local radio stations or two (2) local television stations shall constitute notice to the general public of the existence of the emergency. However, the owners and operators of motor vehicles shall have full responsibility to determine existing weather conditions and to comply with the emergency parking regulations.
(c) During the period of the emergency, the City Manager, or designee thereof, may prohibit the parking of any vehicles upon any or all of the City streets. During the emergency, no person shall park, or cause or permit to be parked or permit to remain parked, or abandon or leave unattended, any vehicle of any kind or description upon such specified streets. However, vehicles may be parked for a period of not longer than five (5) minutes for actual loading or unloading of passengers or thirty (30) minutes for actual loading or unloading of property if no other ordinance restricting parking as to place or time is violated thereby.
(d) Any motor vehicle parked in violation of this prohibition may be impounded at the cost and expense of the owner thereof. If the City Manager authorizes additional emergency equipment to be used, the fees to be charged for towing and storage by such authorized agents shall conform to the fees assessed by the City for the same service.
(e) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 2018-09. Passed 4-4-18.)
(a) Whoever violates Section 351.04(e) shall be fined in accordance with the following schedule:
(1) First offense: twenty-five dollars ($25.00);
(2) Second offense within twelve months period of Section 351.04(e): fifty dollars ($50.00);
(3) Third or more offenses of Section 351.04(e) within a twelve month period: one hundred dollars ($100.00).
(b) For all other violations of this chapter:
(1) First offense: twelve dollars ($12.00);
(2) Second offense of same section within twelve month period: twenty-five dollars ($25.00);
(3) Third offense of same section within twelve month period: fifty dollars ($50.00);
(4) Fourth of more offense of same section within twelve month period: one hundred dollars ($100.00).
(Ord. 1994-56. Passed 10-19-94.)
(c) Any person charged with a violation of any provision of this chapter for which payment of a prescribed fine may be made, may pay such sum in the manner prescribed on the issued traffic ticket. Such payment shall be deemed a plea of guilty, waiver of court appearance and acknowledgement of conviction of the alleged offense and may be accepted in full satisfaction of the prescribed penalty for such alleged violation. Payment of the prescribed fine need not be accepted when laws prescribe that a certain number of such offenses shall require court appearance.