351.22. Tow away zones on private property.
   (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.
(ORC 4511.681)
   (b)   The owner of private property may create a private tow-away zone only if all 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 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 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 that specified for a third party tow in Chapter 765 of the Business Regulation Code, and a storage charge in the amount not to exceed that specified for third party storage in Chapter 765.
(ORC 4513.60(B)(1))
      (2)   The place to which the towed vehicle is taken and from which it may be recovered is located within the corporate limits of the City, is a licensed storage facility, is well lighted, and is on or within reasonable distance of a regularly scheduled route of one or more modes of public transportation.
(Ord. 816-95. Passed 12-19-95.)
   (c)   If a vehicle is parked on private property that is established as a private tow-away zone in accordance with this section, without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner or his 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 Chapter 765, and the owner may recover a vehicle that either has been prepared for removal or has been so removed in accordance with Chapter 765.
(ORC 4513.60(B) (2))
   (d)   No owner of private property located within the City shall remove, or shall cause the removal and storage of, any vehicle pursuant to this section by any towing operator not licensed in accordance with Chapter 765.
(ORC 4513.60(B) (3))
   (e)   If the owner or operator of a vehicle that is being removed under authority of this section arrives after the 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 and obtain releases of the vehicle according to the provisions of Chapter 765. Upon payment of that fee and upon release of the vehicle, the owner or operator immediately shall move it so that 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.
(ORC 4513.60(C))
   (f)   The owner of a vehicle that is removed under authorization of this section may reclaim it upon payment of any expenses or charges incurred in its removal and storage in an amount not to exceed that stipulated in Chapter 765, and upon presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle.
(ORC 4513.60(E))
   (g)   No person shall remove, or cause the removal of, any vehicle from private property that is established as a private tow-away zone other than in accordance with this section.
(ORC 4513.60(F); Ord. 744-84. Passed 10-9-84.)