(a) 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 one hundred dollars ($100.00) and a storage charge, in an amount not to exceed fifteen dollars ($15.00) per 24-hour period; except that the charge for towing shall not exceed two hundred seventy dollars ($270.00), and the storage charge shall not exceed thirty dollars ($30.00) per 24-hour period, if the vehicle has a manufacturer's gross vehicle weight rating in excess of 14,000 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.
(b) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with division (a) hereof without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner or the owner's 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 division (a) hereof, and the owner may recover a vehicle that has been so removed only in accordance with Section 404.10.
(c) If an owner of private property that is established as a private tow-away zone in accordance with division (a) hereof or the authorized agent of such an owner removes or causes the removal of a vehicle from that property under authority of division (b) hereof, the owner or agent promptly shall notify the police offices 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.
(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) This section does not affect or limit the operation of Section 404.08 or Ohio R.C. 4513.61 to 4513.65 as they relate to property other than private property that is established as a private tow-away zone under this section.
(f) No person shall remove or cause the removal of any vehicle from private property that is established as a private tow-away zone under this section other than in accordance with division (b) hereof.
(1982 Code, § 303.082) (Ord. 2009-47. Passed 9-21-2009.)