(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, including but not limited to those areas specifically designated for electric motor vehicle charging, expectant mothers and military veterans; 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.
(Ord. 2019-096. Passed 5-20-19.)
(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 the owner’s 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 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 10,000 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) 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.
(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) (1) A. No person shall stop, stand or park any motor vehicle at special parking locations provided under subsection (e) hereof, or at special clearly marked parking locations provided in or on privately owned parking lots, parking garages, or other parking areas and designated in accordance with subsection (e) hereof, unless one of the following applies:
1. The motor vehicle is being operated by or for the transport of a person with a disability that limits or impairs the ability to walk and is displaying a valid removable windshield placard or special license plates;
2. The motor vehicle is being operated by or for the transport of a handicapped person and is displaying a parking card or special handicapped license plates.
B. Any motor vehicle that is parked in a special marked parking location in violation of subsection (f)(1)A. of this section may be towed or otherwise removed from the parking location by the Police Department. A motor vehicle that is so towed or removed shall not be released to its owner until the owner presents proof of ownership of the motor vehicle and pays all towing and storage fees normally imposed by the Municipality for towing and storing motor vehicles. If the motor vehicle is a leased vehicle, it shall not be released to the lessee until the lessee presents proof that that person is the lessee of the motor vehicle and pays all towing and storage fees normally imposed by the Municipality for towing and storing motor vehicles.
C. If a person is charged with a violation of subsection (f)(1)A. of this section, it is an affirmative defense to the charge that the person suffered an injury not more than seventy-two hours prior to the time the person was issued the ticket or citation and that, because of the injury, the person meets at least one of the criteria contained in Ohio R.C. 4503.44(A)(1).
(2) No person shall stop, stand or park any motor vehicle in an area that is commonly known as an access aisle, which area is marked by diagonal stripes and is located immediately adjacent to a special parking location provided under subsection (e) of this section or at a special clearly marked parking location provided in or on a privately owned parking lot, parking garage, or other parking area and designated in accordance with that subsection.
(h) The Chief of Police shall maintain a record of motor vehicles that the Chief orders into storage pursuant to Ohio R.C. 4513.60(A) and of vehicles removed from private property in the Chief’s jurisdiction that is established as a private tow-away zone of which the Chief 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 self 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 ninety dollars ($90.00), and storage, 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 10,000 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 also shall 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.
(Ord. 2000-175. Passed 10-2-00.)