351.055 PARKING PROHIBITIONS ON PRIVATE PROPERTY; 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; or

      (2)    Park a vehicle on the property in violation of any condition or regulation posted by the owner. (ORC 4511.681)

   (b)    The owner of private property may establish 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 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 will 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 the place 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 seventy dollars ($70.00), and a storage charge, in an amount not to exceed eight dollars ($8.00) per twenty-four hour period; except that the charge for towing shall not exceed one hundred dollars ($100.00), and the storage charge shall not exceed twelve dollars ($12.00) per twenty-four hour period, if the vehicle has a laden gross vehicle weight in excess of 15,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer.

      (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.

   (c)    If a vehicle is parked on private property that is established as a private tow-away zone in accordance with subsection (b) hereof, without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner or his or her agent may remove, or cause the removal of, the vehicle, 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 (b)(1)C. hereof, and the owner, subject to subsection (f) hereof, may recover a vehicle that has been so removed only in accordance with subsection (j) hereof.

   (d)    If the Municipality requires tow trucks and tow truck operators to be licensed, no owner of private property located within the Municipality shall remove, or cause the removal and storage of, any vehicle pursuant to subsection (c) hereof by an unlicensed tow truck or unlicensed tow truck operator.

   (e)    Subsections (b) through (d) hereof do not affect or limit the operation of Ohio R.C. 4513.60 through 4513.65 as such sections relate to property other than private property that is established as a private tow-away zone under subsection (b) hereof.

   (f)    If the owner or operator of a motor vehicle that has been ordered into storage pursuant to Ohio R.C. 4513.60(A), or of a vehicle that is being removed under authority of subsection (c) hereof, arrives after the motor vehicle or vehicle has been prepared for removal but prior to its actual removal from the property, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the charge for the removal of motor vehicles under Ohio R.C. 4513.60(A), or of vehicles under subsection (c) hereof, whichever is applicable, that normally is assessed by the person who has prepared the motor vehicle or vehicle for removal, in order to obtain release of the motor vehicle or vehicle. Upon payment of that fee, the motor vehicle or vehicle shall be released to the owner or operator, and upon its release, the owner or operator immediately shall move it so that:

      (1)    If the motor vehicle was ordered into storage pursuant to Ohio R.C. 4513.60(A), 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.

      (2)    If the vehicle was being removed under authority of subsection (c) hereof, it 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.

   (g)    If an owner of private property that is established as a private tow-away zone in accordance with subsection (b) hereof, or the authorized agent of such an owner, removes or causes the removal of a vehicle from that property under authority of subsection (c) hereof, the owner or agent promptly shall notify the Police Department of the removal, the 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.

   (h)    The Chief of Police shall maintain a record of motor vehicles that he or she orders into storage pursuant to Ohio R.C. 4513.60(A) and of vehicles removed from private property in his or her jurisdiction that is established as a private tow-away zone of which he or she has received notice under subsection (g) hereof. The record shall include an entry for each such motor vehicle or vehicle that identifies the motor vehicle's or 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. Any information in the record that pertains to a particular motor vehicle or vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies himself or herself as the owner or operator of the motor vehicle or vehicle and requests information pertaining to its location.

   (i)    Any person who registers a complaint that is the basis of a Sheriff's or Police Chief's order for the removal and storage of a motor vehicle under Ohio R.C. 4513.60 shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies himself or herself as the owner or operator of the motor vehicle and requests information pertaining to its location.

   (j)    The owner of a motor vehicle that is ordered into storage pursuant to Ohio R.C. 4513.60 or of a vehicle that is removed under authority of subsection (c) hereof may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed seventy dollars ($70.00), and storage, in an amount not to exceed eight dollars ($8.00) per twenty-four hour period; except that the charge for towing shall not exceed one hundred dollars ($100.00), and the storage charge shall not exceed twelve dollars ($12.00) per twenty-four hour period, if the vehicle has a laden gross vehicle weight in excess of 15,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or vehicle shall also be required for reclamation of the vehicle. If a motor vehicle that is ordered into storage pursuant to Ohio R.C. 4513.60 remains unclaimed by the owner for thirty days, the procedures established by Ohio R.C. 4513.61 and 4513.62 shall apply.

   (k)    No person shall remove or cause the removal of any vehicle from private property that is established as a private tow-away zone under subsection (b) hereof other than in accordance with subsection (c) hereof, and no person shall remove or cause the removal of any motor vehicle from any other private property other than in accordance with Ohio R.C. 4513.60 through 4513.65.

(ORC 4513.60(B) to (F))

   (l)    Whoever violates subsection (a) or (d) hereof is guilty of a minor misdemeanor. Punishment shall be as provided in Section 307.01.

   Whoever violates subsection (k) hereof is guilty of a minor misdemeanor for a first offense and a misdemeanor of the third degree for a second or subsequent offense. Punishment shall be as provided in Section 307.01.

(ORC 4511.99(F), 4513.99(A), (B))