351.15 ILLEGAL PARKING ON PRIVATE OR PUBLIC PROPERTY; REMOVAL OF VEHICLES ILLEGALL PARKED.

   (a)   If an owner or lessee of private or public property provides notice by either posting notice on the property in a conspicuous manner, or providing written notice to the owner of the vehicle by personal delivery or securely placing the written notice in a conspicuous place on the vehicle, of a prohibition against parking on the property or conditions and regulations under which parking is permitted, no person shall do any 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 for which notice has been provided as described herein;

      (3)   Fail to remove the vehicle from the property within twelve (12) hours after notice has been provided as described herein if the vehicle was parked on the private or public property prior to providing the notice.

   (b)   An owner or lessee of private or public property who has provided notice as described in subsection (a) above may remove or cause the removal of a vehicle parked on the private or public property illegally as prohibited by subsections (a)(1), (2) or (3) above. Such removal shall be by a local commercial towing and storage facility used by the Fairfield Police Department and the charges for removal, storage and reclamation by the owner of the vehicle shall not exceed the usual and customary amounts charged for similar services ordered by the Fairfield Police Department. The owner or lessee of the private or public property shall promptly notify the Fairfield Police Department of all the following:

      (1)   The time and date of the removal and address of the private or public property from which the vehicle was removed;

      (2)   A general description of the removed vehicle by make, model and color;

      (3)   The name and address of the commercial towing and storage facility to which the vehicle was removed.

   (c)   The provisions of this section do not supercede or repeal any provisions of the Ohio Revised Code with regard to the parking or removal of vehicles on private property except that Ohio R.C. 4511.681 is modified for purposes of these Codified Ordinances as provided herein and the removal of vehicles from private or public property under subsection (b) above is expressly permitted in the City of Fairfield, Ohio notwithstanding the provisions of Ohio R.C. 4513.60(F) and (G)(2). Any owner of private property may apply and utilize the provisions of the Ohio Revised Code as it relates to the prohibition or regulation of parking or removal of vehicles on private property.

   (d)   Whoever violates subsection (a) hereof, 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. 61-11. Passed 6-13-11.)