351.16 PRIVATE TOW-AWAY ZONES.

   (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 ninety dollars ($90.00) and a storage charge in an amount not to exceed twelve dollars ($12.00) per twenty-four hour period; except that the charge for towing shall not exceed one hundred fifty dollars ($150.00), and the storage charge shall not exceed twenty dollars ($20.00) per twenty-four-hour period, if the vehicle has a manufacturer’s gross vehicle weight rating in excess of ten thousand pounds and is a truck, bus or a combination of a commercial tractor and trailer or semi-trailer.

            (Ord. 2002-6-51. Passed 6-26-02.)

      (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 a 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.