(a) The following wording, phrases and terms as used in this section shall have the meaning and definitions as herein set forth:
(1) "Vehicle" means every device in, upon or by which any person or property may be transported or drawn upon a street or highway except devices moved by human power, and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
(2) "Private property" means any real property other than a public dedicated street, highway, roadway, alley, court or other public way located in the City.
(3) "Private residential property" means any private property upon which there is located a dwelling house which houses two families or less.
(4) "Trespassing vehicle" means a vehicle which has been left on private property without permission.
(b) No person shall leave any vehicle on private property without permission of the person having the right to possession of such property.
(c) Any member of the Police Department is hereby authorized, upon the request of a person having possession of private property, whether as the owner, lessee or other occupant, to remove a vehicle that has been parked on private property without the permission of such person to a suitable storage area and charge the owner of such vehicle for the removal and storage.
(d) (1) Before any member of the Police Department assumes the responsibility of removing any vehicle from private property as hereinabove provided, the person who is in possession of such property shall post on his private property a sign not smaller than twelve inches by twenty-four inches that specifically states the language set forth below and the name, address and telephone number of the owner or operator:
This is private parking area and vehicles parking without permission are in violation of a Massillon City Ordinance and may be towed at the expense of the owner of the vehicle, who may also receive a fine not exceeding fifty dollars ($50.00).
Name of operator or owner
Address
Telephone
(2) The posting of such sign shall not be required upon private residential property.
(3) The removal of a vehicle parked on private property, as hereinabove provided, shall be at the risk of the person who is the owner, lessee or person in possession of such vehicle, and there shall be no liability on the part of the City, or members of the Police Department for any damage caused by such removal, nor shall there by any liability upon the person who is the owner, lessee or occupant of the private property upon which such vehicle is parked prior to removal, except for willful and wanton misconduct.
(e) The expense of removal, conveyance or towing of a vehicle, and the expense of the storage thereof, shall be borne by the owner, chauffeur, driver or other person in charge of such vehicle, and shall be paid before the vehicle is released from the storage area.
(f) Any vehicle which has been removed to a storage area under the provisions of this section shall be stored, held and disposed of in accordance with Ohio R.C. 4513.60 to 4513.64.
(g) Any person violating the provisions of subsection (b) hereof shall be deemed to be guilty of a misdemeanor and shall be fined an amount not exceeding fifty dollars ($50.00). Each calendar day such a violation is committed or permitted to continue shall constitute a separate offense as provided hereunder.
(Ord. 52-1978. Passed 6-19-78.)