(a) No person shall park a motor vehicle on private property between the front building line (or the side building line on a corner lot) and the street line unless the motor vehicle is parked on a driveway, parking lot, or an approved paved surface, or if the Safety Director has given such person permission to park on said location.
(b) (1) The County Sheriff or Chief of Police, within the Sheriff’s or Chief’s respective territorial jurisdiction, upon complaint of any person adversely affected, may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in R.C. § 4513.63, that has been left on private residential or private agricultural property for at least four hours without the permission of the person having the right to the possession of the property. The Sheriff or Chief of Police, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. When ordering a motor vehicle into storage pursuant to this division, a Sheriff or Chief of Police may arrange for the removal of the motor vehicle by a towing service and shall designate a storage facility.
(2) A towing service towing a motor vehicle under division (b)(1) of this section shall remove the motor vehicle in accordance with that division. The towing service shall deliver the motor vehicle to the location designated by the Sheriff or Chief of Police not more than two hours after the time it is removed from the private property.
(3) Subject to division (c) of this section, the owner of a motor vehicle that has been removed pursuant to this division may recover the vehicle only in accordance with division (e) of this section.
(4) As used in divisions (b) through (h) of this section, “private residential property” means private property on which is located one or more structures that are used as a home, residence, or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. The phrase does not include any private property on which is located one or more structures that are used as a home, residence, or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.
(c) If the owner or operator of a motor vehicle that has been ordered into storage pursuant to division (b)(1) of this section arrives after the motor vehicle has been prepared for removal, but prior to its actual removal from the property, the towing service shall give the owner or operator oral or written notification at the time of such arrival that the vehicle owner or operator may pay a fee of not more than one-half of the fee for the removal of the motor vehicle under division (e)(1) of this section, in order to obtain release of the motor vehicle. Upon payment of that fee, the towing service shall give the vehicle owner or operator a receipt showing both the full amount normally assessed and the actual amount received and shall release the motor vehicle to the owner or operator. Upon its release, the owner or operator immediately shall move it so that it is not on the private residential or private agricultural property without the permission of the person having the right to possession of the property, or is not at the garage or place of storage without the permission of the owner, whichever is applicable.
(d) (1) The County Sheriff and Chief of Police shall maintain a record of motor vehicles that the Sheriff or Chief orders into storage pursuant to division (b)(1) of this section. The record shall include an entry for each such motor vehicle that identifies the motor vehicle’s license number, make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. The Sheriff or Chief of Police shall provide any information in the record that pertains to a particular motor vehicle to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.
(2) Any person who registers a complaint that is the basis of the Sheriff’s or Police Chief’s order for the removal and storage of a motor vehicle under division (b)(1) of this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.
(e) (1) The owner or lienholder of a motor vehicle that is ordered into storage pursuant to division (b)(1) of this section may reclaim it upon both of the following:
A. Payment of the following fees:
1. Not more than $90 for the removal of the motor vehicle. However, if the motor 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 motor vehicle. However, if the motor 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.
B. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle, a certificate of registration for the motor vehicle, or a lease agreement.
(2) Upon presentation of proof of ownership as required under division (e)(1)B. of this section, the owner of a motor vehicle that is ordered into storage under division (b)(1) of this section may retrieve any personal items from the motor vehicle without retrieving the vehicle and without paying any fee. However, the owner may not retrieve any personal item that has been determined by the Sheriff or Chief of Police, as applicable, to be necessary to a criminal investigation. For purposes of this division (e)(2), “personal items” do not include any items that are attached to the motor vehicle.
(3) If a motor vehicle that is ordered into storage pursuant to division (b)(1) of this section remains unclaimed by the owner for 30 days, the procedures established by R.C. §§ 4513.61 and 4513.62, or any substantially equivalent municipal ordinance, apply.
(f) (1) No person shall remove, or cause the removal of, any motor vehicle from any private residential or private agricultural property other than in accordance with division (b)(1) of this section or R.C. §§ 4513.61 to 4513.65, or any substantially equivalent municipal ordinance.
(2) No towing service or storage facility shall fail to comply with the requirements of this section.
(g) Divisions (b) through (h) of this section do not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with division (i) of this section.
(h) The owner of any towing service or storage facility that violates division (f) of this section is guilty of a minor misdemeanor.
(i) Private Tow-away Zones.
(1) The owner of private property may establish a private tow-away zone, but may do so only if all of the following conditions are satisfied:
A. The owner posts on the owner’s property a sign, that is at least 18 inches by 24 inches in size, that is visible from all entrances to the property, and that includes all of the following information:
1. A statement that the property is a tow-away zone;
2. 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 on 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 shall include on the sign the address of the property on which 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.
3. If the private tow-away zone is not enforceable at all times, the times during which the parking restrictions are enforced;
4. The telephone number and the address of the place from which a towed vehicle may be recovered at any time during the day or night;
5. A statement that the failure to recover a towed vehicle may result in the loss of title to the vehicle as provided in R.C. § 4505.101(B).
B. Any owner of property that has been established as a private tow-away zone under R.C. § 4513.60, or any substantially equivalent municipal ordinance, as that section existed prior to March 23, 2015, who does not have a contract with a towing service for the removal of vehicles from the property may retain existing private tow-away zone signs that comply with that section for up to six months after March 23, 2015. At any time, in order to comply with the requirements of division (i)(1)A. of this section, such a property owner may modify the existing sign by affixing to the existing sign stickers or an addendum in lieu of replacing the sign.
C. A towing service ensures that a vehicle towed under division (i) of this section is taken to a location from which it may be recovered that complies with all of the following:
1. It is located within 20 linear miles of the location of the private tow-away zone, unless it is not practicable to take the vehicle to a place of storage within 20 linear miles.
2. It is well-lighted.
3. It 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.
(2) A. If a vehicle is parked on private property that is established as a private tow-away zone in accordance with division (i)(1) of this section, without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner may cause the removal of the vehicle by a towing service. The towing service shall remove the vehicle in accordance with division (i) of this section. The vehicle owner and the operator of the vehicle are considered to have consented to the removal and storage of the vehicle, to the payment of the applicable fees established under division (i)(7) of this section, and to the right of a towing service to obtain title to the vehicle if it remains unclaimed as provided in R.C. § 4505.101. The owner or lienholder of a vehicle that has been removed under division (i) of this section, subject to division (i)(3) of this section, may recover the vehicle in accordance with division (i)(7) of this section.
B. If the municipality requires tow trucks and tow truck operators to be licensed, no owner of private property located within the municipality shall cause the removal and storage of any vehicle pursuant to division (i)(2) of this section by an unlicensed tow truck or unlicensed tow truck operator.
(3) If the owner or operator of a vehicle that is being removed under authority of division (i)(2) of this section arrives after the vehicle has been prepared for removal, but prior to its actual removal from the property, the towing service shall give the vehicle owner or operator oral or written notification at the time of such arrival that the vehicle owner or operator may pay a fee of not more than one-half of the fee for the removal of the vehicle established under division (i)(7) of this section in order to obtain release of the vehicle. Upon payment of that fee, the towing service shall give the vehicle owner or operator a receipt showing both the full amount normally assessed and the actual amount received and shall release the vehicle to the owner or operator. Upon its release, the owner or operator immediately shall move the vehicle so that the vehicle is not parked on the private property established as a private tow-away zone without the consent of the owner or in violation of any posted parking condition or regulation.
(4) A. 1. Prior to towing a vehicle under division (i)(2) of this section, a towing service shall make all reasonable efforts to take as many photographs as necessary to evidence that the vehicle is clearly parked on private property in violation of a private tow-away zone established under division (i)(1) of this section.
2. The towing service shall record the time and date of the photographs taken under division (i) of this section. The towing service shall retain the photographs and the record of the time and date, in electronic or printed form, for at least 30 days after the date on which the vehicle is recovered by the owner or lienholder or at least two years after the date on which the vehicle was towed, whichever is earlier.
B. A towing service shall deliver a vehicle towed under division (i)(2) of this section to the location from which it may be recovered not more than two hours after the time it was removed from the private tow-away zone.
(5) A. If an owner of private property that is established as a private tow-away zone in accordance with division (i)(1) of this section causes the removal of a vehicle from that property by a towing service under division (i)(2) of this section, the towing service, within two hours of removing the vehicle, shall provide notice to the County Sheriff or the Police Department concerning all of the following:
1. The vehicle’s license number, make, model, and color;
2. The location from which the vehicle was removed;
3. The date and time the vehicle was removed;
4. The telephone number of the person from whom the vehicle may be recovered;
5. The address of the place from which the vehicle may be recovered.
B. The County Sheriff and Chief of Police shall maintain a record of any vehicle removed from private property in the Sheriff's or Chief's jurisdiction that is established as a private tow-away zone of which the Sheriff or Chief has received notice under division (i) of this section. The record shall include all information submitted by the towing service. The Sheriff or Chief shall provide any information in the record that pertains to a particular vehicle to a person who, either in person or pursuant to a telephone call, identifies self as the owner, operator, or lienholder of the vehicle and requests information pertaining to the vehicle.
(6) A. When a vehicle is removed from private property in accordance with division (i) of this section, the owner of the towing service or storage facility from which the vehicle may be recovered shall immediately cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the identity of the owner and any lienholder of the motor vehicle. Subject to division (i)(6)D. of this section, the owner of the towing service or storage facility shall send notice to the vehicle owner and any known lienholder as follows:
1. Within five business days of removal of the vehicle from the private tow-away zone, if the vehicle has not yet been recovered, to the owner’s and lienholder’s last known address by certified or express mail with return receipt requested or by a commercial carrier service utilizing any form of delivery requiring a signed receipt;
2. If the vehicle remains unclaimed 30 days after the first notice is sent, in the manner authorized in division (i)(6)A.1. of this section;
3. If the vehicle remains unclaimed 45 days after the first notice is sent, in the manner authorized in division (i)(6)A.1. of this section.
B. Sixty days after any notice sent pursuant to division (i)(6)A. of this section is received, as evidenced by a receipt signed by any person, or the towing service or storage facility has been notified that delivery was not possible, the owner of a towing service or storage facility, if authorized under R.C. § 4505.101(B), may initiate the process for obtaining a certificate of title to the motor vehicle as provided in that section.
C. A towing service or storage facility that does not receive a signed receipt of notice, or a notification that delivery was not possible, shall not obtain, and shall not attempt to obtain, a certificate of title to the motor vehicle under R.C. § 4505.101(B).
D. With respect to a vehicle concerning which a towing service or storage facility is not eligible to obtain title under R.C. § 4505.101, the towing service or storage facility need only comply with the initial notice required under division (i)(6)A.1. of this section.
(7) A. The owner or lienholder of a vehicle that is removed under division (i)(2) of this section may reclaim it upon all of the following:
1. 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;
2. Payment of the following fees:
a. 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.
b. 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 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.
c. If notice has been sent to the owner and lienholder as described in division (i)(6) of this section, a processing fee of $25.
B. A towing service or storage facility in possession of a vehicle that is removed under authority of division (i)(2) of this section shall show the vehicle owner, operator, or lienholder who contests the removal of the vehicle all photographs taken under division (i)(4) of this section. 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.
C. 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 (i)(2) of this section may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. For purposes of this division (i)(7)C., “personal items” do not include any items that are attached to the vehicle.
(8) 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 division (i) of this section, store such a vehicle other than in accordance with division (i) of this section, or otherwise fail to comply with any applicable requirement of division (i) of this section.
(9) Division (i) of this section does not affect or limit the operation of divisions (b) through (h) of this section, R.C. § 4513.60, R.C. §§ 4513.61 to 4613.65, or any substantially equivalent municipal ordinances, as they relate to property other than private property that is established as a private tow-away zone under division (i)(1) of this section.
(10) The owner of any towing service or storage facility or property owner that violates division (i)(8) of this section is guilty of a minor misdemeanor.
(j) 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.
(k) Whoever violates division (a) or (b) of this section is guilty of a minor misdemeanor.
(Ord. 2016-20. Passed 3-9-16.)