(a) The parking of vehicles on private property, shall be prohibited without the consent of the owner of the private property or an authorized lessee of the private property.
(b) No vehicle shall be parked on any private property in violation of any regulations set down by the owner of the private property or an authorized lessee of the private property.
(c) The provisions of subsections (a) through (b) shall not be applicable unless the private property is posted in a conspicuous manner setting forth the prohibition of parkingor the conditions and regulations under which parking is permitted.
(d) If any vehicle is found upon private property in violation of any of the provisions of this section and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima-facie responsible for such violation.
(e) Subject to the requirements of this section, an owner of private property or the owner’s authorized agent may remove, or cause to be removed, vehicles parked upon the property in violation of the posted parking regulations.
(f) An owner of private property may create a "private tow-away zone" by posting thereon a sign, no smaller than eighteen inches by twenty-four inches and visible from all entrances to the private property, which contains at least the following information:
(1) A designation that the area is a "Private Tow-Away Zone, Unauthorized Vehicles Will Be Towed Away"; and
(2) The telephone number or numbers of the person or persons from whom the vehicle can be recovered and the address of the place to which the vehicle will be taken and from which it may be recovered; and
(3) A statement that "Vehicle May Be Recovered at Anytime During the Day or Night Upon Proof of Ownership and Paying of a Towing Charge in the Amount of $ and a Storage Charge of $ Per 24-Hour Period".
(g) The place to which the towed vehicle is taken and from which it may be recovered shall be conveniently located, well lighted, and on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation.
(h) By parking on properly posted private property without the consent of the owner of the property, the owner and operator of a vehicle shall be deemed to have consented to the removal and storage and the payment of the costs of removing and storage in an amount not to exceed the rates established by subsection (i) hereof. However, if the owner or operator of the vehicle arrives after the vehicle has been prepared for removal but prior to its actual removal from the zone, the owner or operator shall be given the opportunity to pay a fee of no more than 1/2 of the normal towing charge of the person who has prepared the vehicle for removal in order to obtain release of the vehicle. Upon payment of this fee, the vehicle shall be released to the owner or operator and upon release of the vehicle, the owner or operator immediately shall move the vehicle so that it is not parked on the private property established as a private tow-away zone without consent of the owner.
(i) The maximum rates for the removal and storage of any vehicle removed from private property pursuant to this section shall not exceed the fees for towing and storage established by the Public Utilities Commission pursuant to Section 4513.601 of the Ohio Revised Code. The rates charged pursuant to this section shall be posted as provided in subsection (f)(3) hereof.
(j) If an owner of private property, or the owner’s authorized lessee or agent, removes or causes the removal of a vehicle from that property pursuant to this section, the owner, lessee, or agent shall notify the Police Department of the removal and of the vehicle's license plate number.
(k) No person shall remove or cause to be removed any vehicle from private property unless in conformance with this section with respect to the removing or causing to be removed, motor vehicles from private property. Whoever violates this section shall be deemed guilty of a minor misdemeanor for the first offense and for each subsequent offense of a misdemeanor of the fourth degree. (Ord. 28-2024. Passed 7-15-24.)