§ 454.02 PRIVATE TOW-AWAY ZONES.

(1) The City's Chief of Police, upon complaint of any person adversely affected, may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in Section 454.08 of this Traffic Code, that has been left on private residential or private agricultural property within the City for at least four (4) hours without the permission of the person having the right to the possession of the property. The Chief of Police, upon complaint of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. When ordering a motor vehicle into storage pursuant to this division, the Chief of Police may arrange for the removal of the motor vehicle by a private towing service and shall designate a storage facility.

(2) A towing service towing a motor vehicle under division (a)(1) of this section shall remove the motor vehicle in accordance with that division. The towing service shall deliver the motor vehicle to the location designated by the Chief of Police not more than two (2) hours after the time it is removed from private property, unless the towing service is unable to deliver the motor vehicle within two (2) hours due to an uncontrollable force, natural disaster or other event that is not within the power of the towing service.

(3) Subject to division (b) of this section, the owner of a motor vehicle that has been removed pursuant to this division may recover the vehicle only in accordance with division (d) of this section.

(b) Reclamation While Vehicle is Being Prepared for Removal.

(1) If the owner or operator of a motor vehicle that has been ordered into storage pursuant to division (a)(1) of this section arrives after the motor vehicle has been prepared for removal, but prior to its actual removal from the property, the towing service shall give the owner or operator oral or written notification at the time of such arrival that the vehicle owner or operator may pay a fee of not more than one-half (½) of the fee for the removal of the motor vehicle established by the Ohio Public Utilities Commission in rules adopted under ORC 4921.25, in order to obtain release of the motor vehicle. However, if the City has established a vehicle removal fee, the towing service shall give the owner or operator oral or written notification that the owner or operator may pay not more than one-half (½) of that fee to obtain release of the motor vehicle. That fee may be paid by use of a major credit card unless the towing service uses a mobile credit card processor and mobile service is not available at the time of the transaction.

(2) Upon payment of the applicable fee, the towing service shall give the vehicle owner or operator a receipt showing both the full amount normally assessed and the actual amount received and shall release the motor vehicle to the owner or operator. Upon its release, the owner or operator immediately shall move it so that 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.

(1) The City's Chief of Police shall maintain a record of motor vehicles that the Chief orders into storage pursuant to division (a)(1) of this section. The record shall include an entry for each such motor vehicle that identifies the motor 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. The Chief of Police shall provide any information in the record that pertains to a particular motor vehicle to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.

(2) Any person who registers a complaint that is the basis of the Police Chief's order for the removal and storage of a motor vehicle under division (a)(1) shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.

(d) Reclamation of Vehicle from Storage.

(1) The owner or lienholder of a motor vehicle that is ordered into storage pursuant to division (a)(1) of this section may reclaim it upon both of the following:

A. Payment of all applicable fees established by the Ohio Public Utilities Commission in rules adopted under ORC 4921.25 or, if the City has established fees for vehicle removal and storage, payment of all applicable fees established by the City.

B. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle, a certificate of registration for the motor vehicle or a lease agreement.

C. When the owner of a vehicle towed under this section retrieves the vehicle, the towing service or storage facility in possession of the vehicle shall give the owner written notice that if the owner disputes that the motor vehicle was lawfully towed, the owner may be able to file a civil action under Section 454.04 of this Traffic Code or under ORC 4513.611.

(2) Upon presentation of proof of ownership as required under division (d)(1)B. of this section, the owner of a motor vehicle that is ordered into storage under division (a)(1) of this section may retrieve any personal items from the motor vehicle without retrieving the vehicle and without paying any fee. However, a towing service or storage facility may charge an after-hours retrieval fee established by the Ohio Public Utilities Commission in rules adopted under ORC 4921.25 if the owner retrieves the personal items after hours, unless the towing service or storage facility fails to provide the notice required under ORC 4513.69, if applicable. The owner of a motor vehicle shall not do either of the following:

A. Retrieve any personal item that has been determined by the Chief of Police to be necessary to a criminal investigation; or

B. Retrieve any personal item from a vehicle if it would endanger the safety of the owner, unless the owner agrees to sign a waiver of liability.

For the purposes of division (d)(2) of this section, "personal items" do not include any items that are attached to the motor vehicle.

(3) If a motor vehicle that is ordered into storage pursuant to division (a)(1) of this section remains unclaimed by the owner for thirty (30) days, the procedures established by Sections 454.03 and 454.05 of this Traffic Code shall apply.

(e) Duties of Towing Service.

(1) No person shall remove, or cause the removal of, any motor vehicle from any private residential or private agricultural property other than in accordance with division (a)(1) of this section or Sections 454.03 to 454.08 of this Traffic Code.

(2) No towing service or storage facility shall fail to comply with the requirements of this section.

(f) Limitations. This section does not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with Section 454.02 of this Traffic Code.

(g) Penalties. Whoever violates division (e) of this section is guilty of a minor misdemeanor.

(h) Definitions. As used in this section, "private residential property" means private property on which is located one (1) or more structures that are used as a home, residence, or sleeping place by one (1) or more persons, if no more than three (3) separate households are maintained in the structure or structures. "Private residential property" does not include any private property on which is located one (1) or more structures that are used as a home, residence, or sleeping place by two (2) or more persons, if more than three (3) separate households are maintained in the structure or structures.

(ORC 4513.60)

§ 454.02 PRIVATE TOW-AWAY ZONES.

(a) Establishing Private Tow-Away Zones. The owner of a private property may establish a private tow-away zone, but may do so only if all of the following conditions are satisfied:

(1) The owner of the private property posts on the property a sign, that is at least eighteen inches by twenty-four inches (18" x 24") in size, that is visible from all entrances to the property, and that includes all of the following information:

A. A statement that the property is a tow-away zone;

B. A description of persons authorized to park on the property. If the property is a residential property, the owner of the private property may include on the sign a statement that only tenants and guests may park in the private tow-away zone, subject to the terms of the property owner. If the property is a commercial property, the owner of the private property may include on the sign a statement that only customers may park in the private tow-away zone. In all cases, if it is not apparent which persons may park in the private tow-away zone, the owner of the private property shall include on the sign the address of the property on which the private tow-away zone is located or the name of the business that is located on the property designated as a private tow-away zone;

C. If the private tow-away zone is not enforceable at all times, the times during which the parking restrictions are enforced;

D. The telephone number and the address of the place from which a towed vehicle may be recovered at any time during the day or night; and

E. A statement that the failure to recover a towed vehicle may result in the loss of the title to the vehicle, as provided in ORC 4505.101(B).

F. In order to comply with the requirements of division (a)(1) of this section, the owner of a private property may modify an existing sign by affixing to the existing sign stickers or an addendum in lieu of replacing the sign.

(2) A towing service ensures that a vehicle towed under this section is taken to a location from which it may be recovered that complies with all of the following:

A. It is located within twenty-five (25) linear miles of the location of the private tow-away zone, unless it is not practicable to take the vehicle to a place of storage within twenty-five (25) linear miles;

B. It is well-lighted; and

C. It 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 municipal corporation or township in which the private tow-away zone is located.

(b) Removal of Vehicle from Tow-Away Zone.

(1) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with division (a) of this section, without the consent of the owner of the private property or in violation of any posted parking condition or regulation, the owner of the private property may cause the removal of the vehicle by a towing service. The towing service shall remove the vehicle in accordance with this section. The vehicle owner and the operator of the vehicle are considered to have consented to the removal and storage of the vehicle, to the payment of the applicable fees established by the Ohio Public Utilities Commission in rules adopted under ORC 4921.25, and to the right of a towing service to obtain title to the vehicle if it remains unclaimed, as provided in ORC 4505.101. The owner or lienholder of a vehicle that has been removed under this section, subject to division (c) of this section, may recover a vehicle in accordance with division (g) of this section.

(2) If the City requires tow trucks and tow truck operators to be licensed, no owner of a private property located within the City shall cause the removal and storage of any vehicle pursuant to division (b) of this section by an unlicensed tow truck or unlicensed tow truck operator.

(3) No towing service shall remove a vehicle from a private tow-away zone except pursuant to a written contract for the removal of vehicles entered into with the owner of the private property on which the private tow-away zone is located.

(c) Reclamation While Vehicle is Being Prepared for Removal. If the owner or operator of a vehicle that is being removed under authority of division (b) of this section arrives after the vehicle has been prepared for removal, but prior to its actual removal from the property, the towing service shall give the owner or operator oral or written notification at the time of such arrival that the vehicle owner or operator may pay a fee of not more than one-half (1/2) of the fee for the removal of the vehicle established by the Ohio Public Utilities Commission in rules adopted under ORC 4921.25 in order to obtain release of the vehicle. That fee may be paid by use of a major credit card unless the towing service uses a mobile credit card processor and mobile service is not available at the time of the transaction. Upon payment of that fee, the towing service shall give the vehicle owner or operator a receipt showing both the full amount normally assessed and the actual amount received and shall release the vehicle to the owner or operator. Upon its release, the owner or operator immediately shall move the vehicle so that the vehicle is not parked on the private property established as a private tow-away zone without the consent of the owner of the private property or in violation of any posted parking condition or regulation.

(d) Duties of Towing Service.

(1) Prior to towing a vehicle under division (b) of this section, a towing service shall make all reasonable efforts to take as many photographs as necessary to evidence that the vehicle is clearly parked on private property in violation of a private tow-away zone established under division (a) of this section. The towing service shall record the time and date of the photographs taken under this section. The towing service shall retain the photographs and the record of the time and date, in electronic or printed form, for at least thirty (30) days after the date on which the vehicle is recovered by the owner or lienholder or at least two (2) years after the date on which the vehicle was towed, whichever is earlier.

(2) A towing service shall deliver a vehicle towed under division (b) of this section to the location from which it may be recovered not more than two (2) hours after the time it was removed from the private tow-away zone, unless the towing service is unable to deliver the motor vehicle within two (2) hours due to an uncontrollable force, natural disaster or other event that is not within the power of the towing service.

(e) Notice to Police Division; Record of Vehicles.

(1) If an owner of a private property that is established as a private tow-away zone in accordance with division (a) of this section causes the removal of a vehicle from that property by a towing service under division (b) of this section, the towing service, within two (2) hours of removing the vehicle, shall provide notice to the City's Police Division, if the private property is located within the City, concerning all of the following:

A. The vehicle's license number, make, model and color;

B. The location from which the vehicle was removed;

C. The date and time the vehicle was removed;

D. The telephone number of the person from whom the vehicle may be recovered; and

E. The address of the place from which the vehicle may be recovered.

(2) The Chief of Police shall maintain a record of any vehicle removed from private property within the City that is established as a private tow-away zone of which the Chief has received notice under this section. The record shall include all information submitted by the towing service. The Chief shall provide any information in the record that pertains to a particular vehicle to a person who, either in person or pursuant to a telephone call, identifies self as the owner, operator or lienholder of the vehicle and requests information pertaining to the vehicle.

(f) Notice to Owner and Lienholder by Towing Service or Storage Facility.

(1) When a vehicle is removed from private property in accordance with this section, within three (3) business days of the removal, the towing service or storage facility from which the vehicle may be recovered shall cause a search to be made of the records of the Ohio Bureau of Motor Vehicles to ascertain the identity of the owner and any lienholder of the motor vehicle. Subject to division (f)(4) of this section, the towing service or storage facility shall send notice to the vehicle owner and any known lienholders as follows:

A. Within five (5) business days after the Ohio Registrar of Motor Vehicles provides the identity of the owner and any lienholder of the motor vehicle, if the vehicle remains unclaimed, to the owner's and lienholder's last known address by certified or express mail with return receipt requested or by a commercial carrier service utilizing any form of delivery requiring a return receipt;

B. If the vehicle remains unclaimed thirty (30) days after the first notice is sent, in the manner required under division (f)(1)A. of this section;

C. If the vehicle remains unclaimed forty-five (45) days after the first notice is sent, in the manner required under division (f)(1)A. of this section.

(2) Sixty (60) days after any notice sent pursuant to division (f)(1) of this section is received, as evidenced by a receipt signed by any person, or the towing service or storage facility has been notified that delivery was not possible, the towing service or storage facility, if authorized under ORC 4505.101(B), may initiate the process for obtaining a certificate of title to the motor vehicle as provided in ORC 4505.101(B).

(3) A towing service or storage facility that does not receive a signed receipt of notice, or a notification that delivery was not possible, shall not obtain, and shall not attempt to obtain, a certificate of title to the motor vehicle under ORC 4505.101(B).

(4) With respect to a vehicle concerning which a towing service or a storage facility is not eligible to obtain title under ORC 4505.101, the towing service or storage facility need only comply with the initial notice required under division (f)(1)A. of this section.

(g) Reclamation of Vehicle from Storage.

(1) The owner or lienholder of a vehicle that is removed under division (b) of this section may reclaim it upon both of the following:

A. Presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle, a certificate of registration for the motor vehicle or a lease agreement;

B. Payment of the following fees:

(i) All applicable fees established by the Ohio Public Utilities Commission in rules adopted under ORC 4921.25, except that the lienholder of a vehicle may retrieve the vehicle without paying any storage fee for the period of time that the vehicle was in the possession of the towing service or storage facility prior to the date the lienholder received the notice send under division (f)(1)A. of this section;

(ii) If notice has been sent to the owner and lienholder as described in division (f) of this section, a processing fee of twenty-five dollars ($25).

(2) A towing service or storage facility in possession of a vehicle that is removed under authority of division (b) of this section shall show the vehicle owner, operator or lienholder who contest the removal of the vehicle all photographs taken under division (d) of this section. Upon request, the towing service or storage facility shall provide a copy of all photographs in the medium in which the photographs are stored, whether paper, electronic or otherwise.

(3) When the owner of a vehicle towed under this section retrieves the vehicle, the towing service or storage facility in possession of the vehicle shall give the owner written notice that if the owner disputes that the motor vehicle was lawfully towed, the owner may be able to file a civil action under section 454.04 of this Traffic Code or ORC 4513.611.

(4) Upon presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle, a certificate of registration for the motor vehicle or a lease agreement, the owner of a vehicle that is removed under authority of division (b) of this section may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. The owner of the vehicle shall not retrieve any personal items from a vehicle if it would endanger the safety of the owner, unless the owner agrees to sign a waiver of liability. For the purposes of division (g)(4) of this section, "personal items" do not include any items that are attached to the vehicle.

(h) Prohibitions. No person shall remove, or cause the removal of, any vehicle from private property that is established as a private tow-away zone under Section 454.02 of this Traffic Code or store such a vehicle other than in accordance with this section, or otherwise fail to comply with any applicable requirement of this section.

(i) Limitations. This section does not affect or limit the operation of Sections 454.01 or 454.03 to 454.08 of this Traffic Code as they relate to property other than private property that is established as a private tow-away zone under division (a) of this section.

(j) Penalties. Whoever violates division (h)(1) of this section is guilty of a minor misdemeanor.

(k) Definitions. As used in this section, "owner of a private property" or "owner of the private property" includes, with respect to a private property, any of the following:

(1) Any person who holds title to the property;

(2) Any person who is a lessee or sublessee with respect to a lease or sublease agreement for the property;

(3) A person who is authorized to manage the property;

(4) A duly authorized agent of any person listed in divisions (k)(1) to (k)(3) of this section.

(ORC 4513.601)

(EDITOR'S NOTE: See Section 452.15 of this Traffic Code regarding parking on private property violations)

§ 454.03 IMPOUNDING ABANDONED MOTOR VEHICLE OR VEHICLE THAT HAS COME INTO THE POSSESSION OF LAW ENFORCEMENT OFFICERS.

(a) Impoundment. The City's Chief of Police, or a state highway patrol trooper, upon notification to the Chief of such action and of the location of the place of storage, may order into storage any motor vehicle, including an abandoned junk motor vehicle as defined in Section 454.08 of this Traffic Code, that:

(1) Has come into the possession of the Chief or state highway patrol trooper as a result of the performance of the Chief's or trooper's duties; or

(2) Has been abandoned on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for forty-eight (48) hours or longer without notification to the Chief of Police of the reasons for leaving the motor vehicle in such place. However, when such a motor vehicle constitutes an obstruction to traffic it may be ordered into storage immediately unless either of the following applies:

A. The vehicle was involved in an accident and is subject to ORC 4513.66; or

B. The vehicle is a commercial motor vehicle. If the vehicle is a commercial motor vehicle, the Chief of Police or state highway patrol trooper shall allow the owner or operator of the vehicle the opportunity to arrange for the removal of the motor vehicle within a period of time specified by the Chief of Police or state highway patrol trooper. If the Chief of Police or state highway patrol trooper determines that the vehicle cannot be removed within the specified period of time, the Chief of Police or state highway patrol trooper shall order the removal of the vehicle.

(3) The Chief of Police is hereby authorized to investigate why the motor vehicle has remained in the same place for seventy-two (72) hours or more and may determine, in his sole discretion, whether such motor vehicle has been abandoned.

(4) Subject to Section 454.03(c), the Chief shall designate the place of storage of any motor vehicle so ordered removed.

(b) Delivery to Place of Storage. If the Chief of Police or state highway patrol trooper issues an order under division (a) of this section and arranges for the removal of a motor vehicle by a towing service, the towing service shall deliver the motor vehicle to the location designated by the Chief of Police not more than two (2) hours after the time it is removed.

(1) The Chief of Police shall cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the identity of the owner and any lienholder of a motor vehicle ordered into storage by the Chief or by a state highway patrol trooper within five (5) business days of the removal of the vehicle. Upon obtaining such identity, the Chief of Police shall send or cause to be sent to the owner or lienholder at the owner's or lienholder's last known address by certified mail with return receipt requested, notice that informs the owner or lienholder that the motor vehicle will be declared a nuisance and disposed of if not claimed within ten (10) days of the date of mailing of the notice.

(2) The owner or lienholder of the motor vehicle may reclaim the motor vehicle upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title or memorandum certificate of title to the motor vehicle, a certificate of registration for the motor vehicle, or a lease agreement. Upon presentation of proof of ownership evidenced as provided above, the owner of the motor vehicle also may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. However, a towing service or storage facility may charge an after-hours retrieval fee established by the Ohio Public Utilities Commission in rules adopted under ORC 4921.25 if the owner retrieves the personal items after hours, unless the towing services or storage facility fails to provide the notice required under ORC 4513.69(B)(3), if applicable. However, the owner shall not do either of the following:

A. Retrieve any personal item that has been determined by the Chief of Police to be necessary to a criminal investigation;

B. Retrieve any personal item from a vehicle if it would endanger the safety of the owner, unless the owner agrees to sign a waiver of liability.

For the purposes of division (c)(2) of this section, "personal items" do not include any items that are attached to the vehicle.

(3) If the owner or lienholder of the motor vehicle reclaims it after a search of the records of the Bureau of Motor Vehicles has been conducted and after notice has been sent to the owner or lienholder as described in this section, and the search was conducted by the place of storage, and the notice was sent to the motor vehicle owner by the owner of the place of storage or the owner's employee, the owner or lienholder shall pay to the place of storage a processing fee of twenty-five dollars ($25), in addition to any expenses or charges incurred in the removal and storage of the vehicle.

(d) Disposal of Vehicle When Unclaimed. If the owner or lienholder makes no claim to the motor vehicle within ten (10) days of the date of mailing of the notice, and if the vehicle is to be disposed of at public auction, as provided in Section 454.05 of this Traffic Code, the Chief of Police shall proceed in accordance with ORC 4513.61(D).

(e) Duties of Towing Service or Storage Facility. No towing service or storage facility shall fail to comply with this section.

(ORC 4513.61)

§ 454.04 CIVIL ACTION AGAINST TOWING SERVICE OR STORAGE FACILITY.

(a) Civil Action.

(1) A vehicle owner may bring a civil action in a court of competent jurisdiction against a towing service or storage facility that commits a major or minor violation.

(2) If a court determines that the towing service or storage facility committed a minor violation, the Court shall award the vehicle owner the following:

A. If the towing service or storage facility has not committed a prior minor violation within one (1) year of the minor violation for which the Court has determined the towing service or storage facility is liable, one hundred fifty dollars ($150).

B. If the towing service or storage facility has committed one (1) prior minor violation within one (1) year of the minor violation for which the Court has determined the towing service or storage facility is liable, three hundred fifty dollars ($350).

C. If the towing service or storage facility has committed two (2) prior minor violations within one (1) year of the minor violation for which the Court has determined the towing service or storage facility is liable, the violation constitutes a major violation and division (a)(3) of this section applies.

D. If the towing service or storage facility has committed three (3) prior minor violations within one (1) year of the minor violation for which the Court has determined the towing service or storage facility is liable, one thousand five hundred dollars ($1.500).

E. If the towing service or storage facility has committed four (4) prior minor violations within one (1) year of the minor violation for which the Court has determined the towing service or storage facility is liable, two thousand dollars ($2,000).

F. If the towing service or storage facility has committed five (5) prior minor violations within one (1) year of the minor violation for which the Court has determined the towing service or storage facility is liable, the violation constitutes a major violation and division (a)(3) of this section applies.

G. If the towing service or storage facility has committed six (6) or seven (7) prior minor violations within one (1) year of the minor violation for which the Court has determined the towing service or storage facility is liable, two thousand five hundred dollars ($2,500).

H. If the towing service or storage facility has committed eight (8) prior minor violations within one (1) year of the minor violation for which the Court has determined the towing service or storage facility is liable, the violation constitutes a major violation and division (a)(3) of this section applies.

(3) If a court determines that the towing service or storage facility committed a major violation, the Court shall award the vehicle owner the following:

A. If the towing service or storage facility has not committed any prior major violations within one (1) year of the major violation for which the Court has determined the towing service or storage facility is liable, one thousand dollars ($1,000).

B. If the towing or storage facility has committed one (1) prior major violation within one (1) year of the major violation for which the Court has determined the towing service or storage facility is liable, two thousand five hundred dollars ($2,500).

C. If the towing service or storage facility has committed two (2) prior major violations within one (1) year of the major violation for which the Court has determined the towing service or storage facility is liable, three thousand five hundred dollars ($3,500). In addition, the Court shall order the Ohio Public Utilities Commission to revoke the towing service's or storage facility's certificate of public convenience and necessity for six (6) months. The Commission shall comply with the order.

(4) If a vehicle owner brings a civil action against a towing service or storage facility that alleges multiple minor or major violations, the court shall award, with regard to each violation for which the towing service or storage facility is determined to be liable, a civil penalty as required under division (a)(2) or (a)(3) of this section. The court shall consider each violation as a separate violation for purposes of determining how many violations the towing service or storage facility has committed within one (1) year.

(5) In determining if a towing service or storage facility has committed prior minor or major violations within the applicable one -year period, a court shall consider only violations that have been determined by a court of competent jurisdiction to have been committed by the towing service or storage facility.

(b) Revocations. Upon expiration of the six-month revocation under division (a)(3)C. of this section, a court shall not consider any violation committed by the towing service or storage facility prior to the revocation for purposes of a civil action initiated after the expiration of the six-month revocation.

(c) Damages. In addition to an award made under division (a) of this section, if a court determines that a towing service or a storage facility committed a violation that caused actual damages, the court shall award the vehicle owner three times (3x) the actual damages and reasonable attorney fees.

(d) Notification to Public Utilities Commission. A court that issues a judgment under this section against a towing service or storage facility shall send a copy of that judgment to the Ohio Public Utilities Commission. The Commission shall provide a copy of the judgment upon request.

(e) Definitions. As used in this section:

(1) "Minor violation" means any of the following:

A. Failure to deliver a vehicle to the designated location within two (2) hours after removal, unless the towing service was unable to deliver the motor vehicle within two (2) hours due to an uncontrollable force, natural disaster or other event that was not within the power of the towing service, as required under Section 454.01(a)(2) or Section 454.02(d)(2) of this Traffic Code;

B. Failure to provide a receipt as required under Section 454.01(b) or Section 454.02(c) of this Traffic Code;

C. Failure to take a towed vehicle to a location that meets the requirements of Section 454.02(a)(2) of this Traffic Code as required under that division;

D. Failure to comply with any photograph-related requirement established under Section 454.02(d)(1) or (g)(2) of this Traffic Code. If a court determines that a towing service or storage facility committed more than one (1) violation of Section 454.02(d)(1) or (g)(2) of this Traffic Code with regard to the same transaction, the court shall find the towing service or storage facility liable for only one (1) minor violation under this section;

E. Failure to send notice to the owner and any lienholder as required under Section 454.03(f)(1)A. of this Traffic Code;

F. Failure to provide an estimate as required under ORC 4513.68, containing the information required under that section;

G. Charging a fee that does not comply with ORC 4513.68(C) if the towing service fee is required to be reduced under that division;

H. Failure to post a notice pertaining to fee limitations as required under ORC 4513.68(D).

(2) "Major Violation" means any of the following:

A. Failure to give the owner of a vehicle, who arrives after the owner's vehicle has been prepared for removal but prior to its actual removal, notification that the owner may pay a fee of not more than one-half (½) of the fee for the removal of the vehicle for the immediate release of the vehicle, as required under Section 454.01(b) or Section 454.02(c) of this Traffic Code;

B. Failure to release a vehicle upon payment of not more than one-half (½) of the fee for the removal of the vehicle as permitted under Section 454.01(b) or Section 454.02(c) of this Traffic Code;

C. Refusal to allow a vehicle owner to reclaim the owner's vehicle upon payment of the applicable fees established by the Ohio Public Utilities Commission and presentation of proof of ownership as permitted under Section 454.01(d)(2) or Section 454.02(g)(1) of this Traffic Code;

D. Refusal to allow a vehicle owner to retrieve personal items from the owner's vehicle under circumstances in which the owner is permitted to retrieve personal items under Section 454.01(d)(2) or Section 454.02(g)(4) of this Traffic Code;

E. Failure to provide notice to the appropriate law enforcement agency within two (2) hours of removing a vehicle as required under Section 454.02(e)(1) of this Traffic Code;

F. Failure to send notice that a vehicle has been towed to the vehicle owner and any known lienholder within thirty (30) days of removal of the vehicle from a private tow-away zone under Section 454.02 of this Traffic Code. If a court determines that a towing service or storage facility committed a violation specified in division (d)(2)F. of this section and a violation of division (d)(1)E. of this section with regard to the same transaction, the Court shall find the towing service or storage facility liable for only the major violation;

G. Failure to visibly display the certificate of public convenience and necessity number a required under ORC 4513.67(B)(1).

(ORC 4513.611)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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