(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 Ohio R.C. 4513.60 to 4513.65 and Section 303.08 of this Traffic Code and Section 521.11 of the General Offenses Code, 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 at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that includes all of the following information:
A. A statement that the property is a tow-away zone;
B. A description of persons authorized to park on the property. If the property is a residential property, the owner of the private property may include on the sign a statement that only tenants and guests may park in the private tow-away zone, subject to the terms of the property owner. If the property is a commercial property, the owner of the private property may include in the sign a statement that only customers may park in the private tow-away zone. In all cases, if it is not apparent which persons may park in the private tow-away zone, the owner of the private property shall include in the sign the address of the property owner of the private tow-away zone is located or the name of the business that is located on the property designated as a private tow-away zone;
C. If the private tow-away zone is not enforceable at all times, the times during which the parking restrictions are enforced;
D. The telephone number and address of the place from which a towed vehicle may be recovered at any time during the day and night; and
E. A statement that the failure to recover a towed vehicle may result in the loss of title to the vehicle as provided in the Ohio Revised Code;
F. Any charge for towing and any storage fees shall conform to the maximum charges permitted by the Public Utilities Commission pursuant to rules adopted under Section 4921.25 of the Ohio Revised Code. (Ord. 2024-09. Passed 2-26-24.)
(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. (Ord. 1998-54. Passed 7-13-98.)
(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 paragraph (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 property established as a private tow-away zone without the consent of the owner.
(f) 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 Department of the removal and of the vehicle's license plate number.
(ORC 4511.681)
(ORC 4511.681)
(g) Whoever violates subsection (e) hereof is guilty of a minor misdemeanor for a first offense and a misdemeanor of the third degree for a second or subsequent offense. Whoever violates any other provision of this section shall be punished as provided in Section 303.99.
(ORC 4511.99(D); Ord. 1983-7. Passed 3-14-83.)