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(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;
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;
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)
Unclaimed motor vehicles ordered into storage pursuant to Sections 454.01 or 454.03 of this Traffic Code shall be disposed of at the order of the City's Chief of Police to a motor vehicle salvage dealer or scrap metal processing facility, as defined in ORC 4737.05, or to any other facility owned by or under contract with the City for the disposal of such motor vehicles, or shall be sold by the Chief or licensed auctioneer at public auction after giving notice thereof by advertisement, published once a week for two (2) successive weeks, in a newspaper of general circulation in the county or as provided in ORC 7.16. Any moneys accruing from the disposition of an unclaimed motor vehicle that are in excess of the expenses resulting from the removal and storage of the vehicle shall be credited to the City's General Fund.
(ORC 4513.62)
(a) Junk Motor Vehicle Defined. For purposes of this section, "junk motor vehicle" means any motor vehicle meeting the requirements of divisions (a)(2), (a)(3), (a)(4), and (a)(5) of Section 454.08 of this Traffic Code that is left uncovered in the open on private property for more than seventy-two (72) hours with the permission of the person having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under authority of ORC 4737.05 to 4737.12 or regulated under authority of the City; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation; or if the motor vehicle is a collector's vehicle.
(b) Unlicensed Collector's Vehicles. The City shall not prevent a person from storing or keeping, or restrict a person in the method of storing or keeping, any collector's vehicle on private property with the permission of the person having the right to the possession of the property; except that the City may require a person having such permission to conceal, by means of buildings, fences, vegetation, terrain, or other suitable obstruction, any unlicensed collector's vehicle stored in the open.
(c) Order to Conceal or Remove. The City's Chief of Police, the City Council, or the City's Planning and Zoning Department may send notice, by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten (10) days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
(d) Prohibitions. No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten (10) days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice, and each day that a junk motor vehicle continues to be so left constitutes a separate offense.
(ORC 4513.65)
(e) Penalties.
(1) Whoever violates division (d) of this section is guilty of a minor misdemeanor on the first offense, and the Court shall impose a mandatory fine of not less than fifty dollars ($50.00).
(2) If, within two (2) years of the offense, the offender has previously been convicted of or pled guilty to a violation of this section, the offender shall be guilty of a misdemeanor of the fourth degree on the first offense and the Court shall impose a mandatory fine of not less than one hundred twenty-five dollars ($125.00), in addition to any other penalties provided by law.
(3) If, within two (2) years of the offense, the offender has previously been convicted of or pled guilty to two (2) violations of this section, the offender shall be guilty of a misdemeanor of the third degree and the Court shall impose a mandatory fine of not less than two hundred fifty dollars ($250.00), in addition to any other penalties provided by law.
(4) If, within two (2) years of the offense, the offender has previously been convicted of or pled guilty to three (3) violations of this section, the offender shall be guilty of a misdemeanor of the second degree and the Court shall impose a mandatory fine of not less than three hundred seventy-five dollars ($375), in addition to any other penalties provided by law.
(5) If, within two (2) years of the offense, the offender has previously been convicted or pled guilty to four (4) or more violations of this section, the offender shall be guilty of a misdemeanor of the first degree and the Court shall impose a mandatory fine of not less than five hundred dollars ($500), in addition to any other penalties provided by law.
(6) In addition, the offender may be assessed any costs incurred by the City in removing and/or in disposing of the abandoned junk motor vehicle that is the basis of the violation, less any money accruing to the City from the disposal of the vehicle.
(Ord. 2018-31. Passed 10/25/18)
(a) Prohibition against Abandonment of Junk Motor Vehicle.
(1) No person shall willfully leave an abandoned junk motor vehicle, as defined in Section 454.08 of this Traffic Code, on private property within this City for more than forty-eight (48) hours without the permission of the person having the right to the possession of the property;
(2) No person shall willfully leave an abandoned junk motor vehicle, as defined in Section 454.08 of this Traffic Code, on a public street or other property open to the public for purposes of vehicular travel or parking within this City, or upon or within the right-of-way of any road or highway, forty-eight (48) hours or longer without notification to the City's Chief of Police of the reasons for leaving the motor vehicle in such place.
(3) For purposes of this section, the fact that a motor vehicle has been so left without permission or notification is prima-facie evidence of abandonment.
(b) Penalties. Whoever violates this section is guilty of a minor misdemeanor, and shall also be assessed any costs incurred by City in disposing of the abandoned junk motor vehicle that is the basis of the violation, less any money accruing to the City from the disposal of the vehicle.
(ORC 4513.64)
(a) Definition. "Abandoned Junk Motor Vehicle" means any motor vehicle meeting all of the following requirements:
(1) Left on private property for forty-eight (48) hours or longer without the permission of the person having the right to the possession of the property, on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for forty-eight (48) hours or longer;
(2) Three (3) years old, or older;
(3) Extensively damaged, such damage including, but not limited to, missing wheels, tires, motor, or transmission;
(4) Apparently inoperable; and
(5) Having a fair market value of one thousand five hundred dollars ($1,500) or less.
(b) Disposal.
(1) The City's Chief of Police, or state highway patrol trooper upon notification to the Chief of such action, shall order any abandoned junk motor vehicle to be photographed by a law enforcement officer. The officer shall record the make of motor vehicle, the serial number when available, and shall also detail the damage or missing equipment to substantiate the value of one thousand five hundred dollars ($1,500) or less.
(2) The Chief of Police shall thereupon immediately dispose of the abandoned junk motor vehicle to a motor vehicle salvage dealer, as defined in ORC 4738.01, or a scrap metal processing facility, as defined in ORC 4737.05, which is under contract to the City or to any other facility owned by or under contract with the City for the destruction of such motor vehicles. The records and photographs relating to the abandoned junk motor vehicle shall be retained by the Division of Police for a period of at least two (2) years.
(3) The Division of Police shall execute in quadruplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of and that all requirements of this section have been complied with and, within thirty (30) days of disposing of the vehicle, shall sign and file the affidavit with the clerk of courts of the county in which the motor vehicle was abandoned.
(4) The clerk of courts shall retain the original of the affidavit for the Clerk's files and shall furnish one (1) copy thereof to the Registrar, one (1) copy to the motor vehicle salvage dealer or other facility handling the disposal of the vehicle, and one (1) copy to the Division of Police, who shall file such copy with the records and photographs relating to the disposal.
(5) Any moneys arising from the disposal of an abandoned junk motor vehicle shall be deposited in the City's General Fund.
(c) Abandoned Junk Vehicle on Public Property. Notwithstanding Section 454.03 of this Traffic Code, any motor vehicle meeting the requirements of divisions (a)(3), (a)(4) and (a)(5) of this section which has remained unclaimed by the owner or lienholder for a period of ten (10) days or longer following notification as provided in Section 454.03 of this Traffic Code may be disposed of as provided in this section.
(ORC 4513.63)
(a) Prohibition Against Monetary Compensation in Exchange for Authorization to Tow. No towing service shall knowingly offer or provide monetary compensation in exchange for the authorization to tow a motor vehicle from a specified location or on behalf of the person to whom the towing service offered or provided the compensation. This section does not prohibit a towing service from negotiating or reducing towing and storage fees.
(ORC 4513.612)
(b) Prohibitions Related to Motor Vehicle Towing.
(1) No towing service shall permit the operation of a towing vehicle on behalf of the towing service, unless both of the following apply:
A. The towing service holds a valid certificate of public convenience and necessity as required by ORC Chapter 4921.; and
B. The certificate number and business telephone number is visibly displayed on both the left and right sides of the towing vehicle.
(2) No towing service shall do either of the following:
A. Fail to make its current certificate of public convenience and necessity available for public inspection during normal business hours;
B. Fail to include its certificate number on all written estimates, contracts, invoices and advertising, except that the Ohio Public Utilities Commission, by rule, may exempt from the requirements of division (b)(2)B. of this section any type of advertising where the size or nature of the advertisement makes it unreasonable to add a certificate number.
(ORC 4513.67)
(c) Penalties.
(1) Whoever violates division (a) this section is guilty of a minor misdemeanor.
(ORC 4513.612)
(2) Except as provided in division (c)(3) of this section, whoever violates division (b) of this section is guilty of a minor misdemeanor. A towing service that is issued a citation for a violation of division (b) of this section is not permitted to enter a written plea of guilty and waive the right to contest the citation in a trial but instead must designate an agent to appear in person in the proper court to answer the charge. If the towing service is convicted of or pleads guilty to the offense, the court shall notify the towing service that a subsequent offense will result in the seizure and impoundment of any tow truck that is used to tow vehicles on behalf of the towing service until the towing service obtains a certificate of public convenience and necessity.
(3) If a towing service previously has been convicted of or pleaded guilty to a violation of division (b) of this section, a violation of division (b) of this section is a misdemeanor and, notwithstanding ORC 2929.24 to 2929.28, the court shall impose upon the towing service a fine of five hundred dollars ($500). The court shall require the towing service to disclose the license plate number of every vehicle used to tow vehicles on behalf of the towing service and the court shall order an appropriate law enforcement agency to seize and impound all such vehicles. Upon presentation of a certificate of public convenience and necessity for the towing service, the court shall terminate the order and the law enforcement agency in possession of the vehicles shall release the vehicles.
(4) The offenses established under division (b) of this section are strict liability offenses and strict liability is a culpable mental state for purposes of ORC 2901.20. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(ORC 4513.67)
(d) Definitions. As used in division (b) of this section, "towing service" means any for-hire motor carrier that is engaged on an intrastate basis anywhere in this State in the business of towing a motor vehicle over any public highway in this State.
(ORC 4513.67)
See Chapter 408. of this Traffic Code for penalties for provisions of this Chapter for which no penalty is otherwise provided in the section violated.
(Ord. 2018-31. Passed 10/25/18)