Sec. 4505.101. (A)(1) The owner of any repair garage or | 17 |
place of storage in which a motor vehicle with a value of less | 18 |
than two thousand five hundredfive thousand dollars has been left | 19 |
unclaimed for fifteen days or more following completion of the | 20 |
requested repair or the agreed term of storage
mayshall send by | 21 |
certified mail, return receipt requested, to the last known | 22 |
address of the owner a notice to remove the motor vehicle. If the | 23 |
motor vehicle remains unclaimed by the owner for fifteen days | 24 |
after the mailing of the notice, and the person on whose property | 25 |
the vehicle has been abandoned has received the signed receipt | 26 |
from the certified mail or has been notified that the delivery was | 27 |
not possible, the person shall obtain a certificate of title to | 28 |
the motor vehicle in the person's name in the manner provided in | 29 |
this section. | 30 |
(2) The owner of the repair garage or place of storage that | 31 |
mailed the notice shall execute an affidavit that all of the | 32 |
requirements of this section necessary to authorize the issuance | 33 |
of a certificate of title for the motor vehicle have been met. The | 34 |
affidavit shall set forth the value of the motor vehicle when | 35 |
unclaimed as determined in accordance with standards fixed by the | 36 |
registrar of motor vehicles; the length of time that the motor | 37 |
vehicle has remained unclaimed; the expenses incurred with the | 38 |
motor vehicle; that a notice to remove the vehicle has been mailed | 39 |
to the titled owner, if known, by certified mail, return receipt | 40 |
requested; and that a search of the records of the bureau of motor | 41 |
vehicles has been made for outstanding liens on the motor vehicle. | 42 |
(3) No affidavit shall be executed or filed under division | 43 |
(A) of this section until after a search of the records of the | 44 |
bureau of motor vehicles has been made. If the research reveals | 45 |
any outstanding lien on the motor vehicle, the owner of the repair | 46 |
garage or place of storage of the motor vehicle shall notify the | 47 |
mortgagee or lienholder by certified mail, return receipt | 48 |
requested, stating where the motor vehicle is located and the | 49 |
value of the vehicle. Unless the mortgagee or lienholder claims | 50 |
the motor vehicle within fifteen days from the mailing of the | 51 |
notice, the mortgagee's mortgage or the lienholder's lien shall be | 52 |
is invalid. | 53 |
Upon presentation by the owner of the repair garage or place | 54 |
of storage of the affidavit, showing compliance with all | 55 |
requirements of this section to the clerk of courts of the county | 56 |
in which the repair garage or place of storage is located, the(B) | 57 |
The owner of a towing service or storage facility that is in | 58 |
possession of a vehicle may obtain a certificate of title to the | 59 |
vehicle as provided in division (C) of this section if all of the | 60 |
following apply: | 61 |
TheUpon receipt of the certificate of title, a repair | 80 |
garage, place of storage, or towing service or storage facility | 81 |
shall pay to the clerk of courts the value of the motor vehicle, | 82 |
as determined in accordance with standards fixed by the registrar | 83 |
of motor vehicles, less expenses incurred by the owner of suchthe | 84 |
repair garage or, place of storage, towing service, or storage | 85 |
facility, shall be paid to the clerk of courts for deposit into | 86 |
the county general fund upon receipt of the certificate of title. | 87 |
Sec. 4513.60. (A)(1) The sheriff of a county or chief of | 113 |
police of a municipal corporation, township, or township or joint | 114 |
police district, within the sheriff's or chief's respective | 115 |
territorial jurisdiction, upon complaint of any person adversely | 116 |
affected, may order into storage any motor vehicle, other than an | 117 |
abandoned junk motor vehicle as defined in section 4513.63 of the | 118 |
Revised Code, that has been left on private residential or private | 119 |
agricultural property for at least four hours without the | 120 |
permission of the person having the right to the possession of the | 121 |
property. The sheriff or chief of police, upon complaint of the | 122 |
owner of a repair garage or place of storage, may order into | 123 |
storage any motor vehicle, other than an abandoned junk motor | 124 |
vehicle, that has been left at the garage or place of storage for | 125 |
a longer period than that agreed upon. The place of storage shall | 126 |
be designated by the sheriff or chief of police shall designate | 127 |
the place of storage. When ordering a motor vehicle into storage | 128 |
pursuant to this division, a sheriff or chief of police, whenever | 129 |
possible, shallmay arrange for the removal of the motor vehicle | 130 |
by a private tow truck operator or towing companyservice. Subject | 131 |
to division (C) of this section, the owner of a motor vehicle that | 132 |
has been removed pursuant to this division may recover the vehicle | 133 |
only in accordance with division (E)(F) of this section. | 134 |
(3) As used in divisions (A)(1) and (2) of this section, | 139 |
"private residential property" means private property on which is | 140 |
located one or more structures that are used as a home, residence, | 141 |
or sleeping place by one or more persons, if no more than three | 142 |
separate households are maintained in the structure or structures. | 143 |
"Private residential property" does not include any private | 144 |
property on which is located one or more structures that are used | 145 |
as a home, residence, or sleeping place by two or more persons, if | 146 |
more than three separate households are maintained in the | 147 |
structure or structures. | 148 |
(iii) A statement that the vehicle may be recovered at any | 163 |
time during the day or night upon the submission of proof of | 164 |
ownership and the payment of a towing charge, in an amount not to | 165 |
exceed ninety dollars, and a storage charge, in an amount not to | 166 |
exceed twelve dollars per twenty-four-hour period; except that the | 167 |
charge for towing shall not exceed one hundred fifty dollars, and | 168 |
the storage charge shall not exceed twenty dollars per | 169 |
twenty-four-hour period, if the vehicle has a manufacturer's gross | 170 |
vehicle weight rating in excess of ten thousand pounds and is a | 171 |
truck, bus, or a combination of a commercial tractor and trailer | 172 |
or semitrailer. | 173 |
(2) If a vehicle is parked on private property that is | 181 |
established as a private tow-away zone in accordance with division | 182 |
(B)(1) of this section, without the consent of the owner of the | 183 |
property or in violation of any posted parking condition or | 184 |
regulation, the owner or the owner's agent may remove, or cause | 185 |
the removal of, the vehicle, the owner and the operator of the | 186 |
vehicle shall be deemed to have consented to the removal and | 187 |
storage of the vehicle and to the payment of the towing and | 188 |
storage charges specified in division (B)(1)(a)(iii) of this | 189 |
section, and the vehicle owner, subject to division (C) of this | 190 |
section, may recover a vehicle that has been so removed only in | 191 |
accordance with division (E)(F) of this section. | 192 |
(C) If the owner or operator of a motor vehicle that has been | 204 |
ordered into storage pursuant to division (A)(1) of this section | 205 |
or of a vehicle that is being removed under authority of division | 206 |
(B)(2) of this section arrives after the motor vehicle or vehicle | 207 |
has been prepared for removal, but prior to its actual removal | 208 |
from the property, the owner or operator shall be given the | 209 |
opportunity to pay a fee of not more than one-half of the charge | 210 |
for the removal of motor vehicles under division (A)(1) of this | 211 |
section or of vehicles under division (B)(2) of this section, | 212 |
whichever is applicable, that normally is assessed by the person | 213 |
who has prepared the motor vehicle or vehicle for removal, in | 214 |
order to obtain release of the motor vehicle or vehicle. Upon | 215 |
payment of that fee, the motor vehicle or vehicle shall be | 216 |
released to the owner or operator, and upon its release, the owner | 217 |
or operator immediately shall move it so that: | 218 |
(D)(1) If an owner of private property that is established as | 230 |
a private tow-away zone in accordance with division (B)(1) of this | 231 |
section or the authorized agent of such an owner removes or causes | 232 |
the removal of a vehicle from that property under authority of | 233 |
division (B)(2) of this section, the owner or agent promptly shall | 234 |
notify the police department of the municipal corporation, | 235 |
township, or township or joint police district in which the | 236 |
property is located, of the removal, the vehicle's license number, | 237 |
make, model, and color, the location from which it was removed, | 238 |
the date and time of its removal, the telephone number of the | 239 |
person from whom it may be recovered, and the address of the place | 240 |
to which it has been taken and from which it may be recovered. | 241 |
(2) When a vehicle is removed from private property in | 242 |
accordance with division (B)(2) of this section, the owner of the | 243 |
towing service or storage facility from which the vehicle may be | 244 |
recovered immediately shall cause a search to be made of the | 245 |
records of the bureau of motor vehicles to ascertain the identity | 246 |
of the owner and any lienholder of the motor vehicle. Within | 247 |
forty-eight hours of removal of the vehicle from the private | 248 |
tow-away zone, the owner of the towing service or storage facility | 249 |
shall send notice to the vehicle owner and any known lienholder. | 250 |
The towing service or storage facility shall send the notice to | 251 |
the owner's and lienholder's last known address by certified mail | 252 |
with return receipt requested. If the owner or lienholder of the | 253 |
motor vehicle reclaims it after a search of the records of the | 254 |
bureau has been conducted and after notice has been sent to the | 255 |
owner and lienholder as described in this section, the owner or | 256 |
lienholder shall pay to the towing service or storage facility a | 257 |
processing fee of twenty-five dollars, in addition to any expenses | 258 |
or charges incurred in the removal and storage of the vehicle as | 259 |
provided in division (F) of this section. | 260 |
(E)(1) Each county sheriff and each chief of police of a | 261 |
municipal corporation, township, or township or joint police | 262 |
district shall maintain a record of motor vehicles that the | 263 |
sheriff or chief orders into storage pursuant to division (A)(1) | 264 |
of this section and of vehicles removed from private property in | 265 |
the sheriff's or chief's jurisdiction that is established as a | 266 |
private tow-away zone of which the sheriff or chief has received | 267 |
notice under division (D)(1) of this section. The record shall | 268 |
include an entry for each such motor vehicle or vehicle that | 269 |
identifies the motor vehicle's or vehicle's license number, make, | 270 |
model, and color, the location from which it was removed, the date | 271 |
and time of its removal, the telephone number of the person from | 272 |
whom it may be recovered, and the address of the place to which it | 273 |
has been taken and from which it may be recovered. Any information | 274 |
in the record that pertains to a particular motor vehicle or | 275 |
vehicle shall be provided to any person who, either in person or | 276 |
pursuant to a telephone call, identifies self as the owner or | 277 |
operator of the motor vehicle or vehicle and requests information | 278 |
pertaining to its location. | 279 |
(E)(F) The owner of a motor vehicle that is ordered into | 287 |
storage pursuant to division (A)(1) of this section or the owner | 288 |
or lienholder of a vehicle that is removed under authority of | 289 |
division (B)(2) of this section may reclaim it upon payment of any | 290 |
expenses or charges incurred in its removal, in an amount not to | 291 |
exceed ninety dollars, and storage, in an amount not to exceed | 292 |
twelve dollars per twenty-four-hour period; except that the charge | 293 |
for towing shall not exceed one hundred fifty dollars, and the | 294 |
storage charge shall not exceed twenty dollars per | 295 |
twenty-four-hour period, if the vehicle has a manufacturer's gross | 296 |
vehicle weight rating in excess of ten thousand pounds and is a | 297 |
truck, bus, or a combination of a commercial tractor and trailer | 298 |
or semitrailer. Presentation of proof of ownership, which may be | 299 |
evidenced by a certificate of title to the motor vehicle or | 300 |
vehicle also shall be required for reclamation of the vehicle. If | 301 |
a motor vehicle that is ordered into storage pursuant to division | 302 |
(A)(1) of this section remains unclaimed by the owner for thirty | 303 |
days, the procedures established by sections 4513.61 and 4513.62 | 304 |
of the Revised Code shall apply. | 305 |
(F)(G) No person shall remove, or cause the removal of, any | 306 |
vehicle from private property that is established as a private | 307 |
tow-away zone under division (B)(1) of this section other than in | 308 |
accordance with division (B)(2) of this section, and no person | 309 |
shall remove, or cause the removal of, any motor vehicle from any | 310 |
other private property other than in accordance with division | 311 |
(A)(1) of this section or sections 4513.61 to 4513.65 of the | 312 |
Revised Code. | 313 |
Sec. 4513.67. (A) Except as provided in division (B) of this | 316 |
section, when removing a motor vehicle from an accident scene on | 317 |
any street or highway or any other property open to the public for | 318 |
purposes of vehicular travel or parking, a towing service shall | 319 |
submit the invoice for the removal to the person who was operating | 320 |
the motor vehicle at the time of the accident. The towing service | 321 |
shall not, in any circumstance, submit such an invoice to the | 322 |
repair facility or storage facility to which the motor vehicle is | 323 |
transported. | 324 |
Sec. 4921.25. (A) Any person, firm, copartnership, voluntary | 334 |
association, joint-stock association, company, or corporation, | 335 |
wherever organized or incorporated, that is engaged in the towing | 336 |
of motor vehicles is subject to regulation by the public utilities | 337 |
commission as a for-hire motor carrier under this chapter. Such an | 338 |
entity is not subject to any ordinance, rule, or resolution of a | 339 |
municipal corporation, county, or township that provides for the | 340 |
licensing, registering, or regulation of entities that tow motor | 341 |
vehicles. | 342 |