(a) Release Prior to Removal. If the owner or operator of a motor vehicle that has been ordered into storage pursuant to Section 404.08 or of a vehicle that is being removed under authority of Section 404.09 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 Section 404.08 or of vehicles under Section 404.09 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 Section 404.08, 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 Section 404.09, 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.
(b) Records. The Chief of Police shall maintain a record of motor vehicles that the Chief orders into storage pursuant to Section 404.08 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 Section 404.09. 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.
(c) Removal and Storage Charges. The owner of a motor vehicle that is ordered into storage pursuant to Section 404.08 or of a vehicle that is removed under authority of Section 404.09 may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed one hundred dollars ($100.00), and storage, 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. 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 Section 404.08 remains unclaimed by the owner for 30 days, the procedures established by Ohio R.C. 4513.61 and 4513.62 shall apply.
(1982 Code, § 303.083) (Ord. 2009-48. Passed 9-21-2009.)