As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 274

Senator Hughes 

Cosponsors: Senators Patton, Bacon, Coley, Eklund, Faber, Kearney, Schaffer, Schiavoni, Seitz 

---

A BILL

To amend sections 4505.02, 4505.101, 4505.11,

1

4505.17, 4513.60, 4513.61, and 4513.66 and to

2

enact sections 4505.191, 4513.601, 4513.611,

3

4513.67, 4513.68, 4513.69, and 4921.251 of the

4

Revised Code to authorize towing companies to

5

obtain title to vehicles removed from private

6

tow-away zones that remain unclaimed, to revise

7

the process by which a repair garage or place of

8

storage may obtain title to vehicles left

9

unclaimed at the repair garage or place of

10

storage, to revise the procedures and penalties

11

related to the towing of motor vehicles, to deem a

12

scrap metal dealer to have valid title to a motor

13

vehicle in specified circumstances, to make other

14

changes in the law governing towing motor

15

vehicles, and to alter the law governing the

16

evidence required for the issuance of a salvage

17

certificate of title.

18

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4505.02, 4505.101, 4505.11, 4505.17,	19
4513.60, 4513.61, and 4513.66 be amended and sections 4505.191,	20
4513.601, 4513.611, 4513.67, 4513.68, 4513.69, and 4921.251 of the	21
Revised Code be enacted to read as follows:	22

Sec. 4505.02.  The registrar of motor vehicles shall issue	23
rules as the registrar determines necessary to ensure uniform and	24
orderly operation of this chapter and to ensure that the	25
identification of each applicant for a certificate of title is	26
reasonably accurate. The clerks of the courts of common pleas	27
shall conform thereto. The clerks shall provide the forms as	28
prescribed by the registrar, except the manufacturers' or	29
importers' certificates. The clerks shall provide, from moneys in	30
the automated title processing fund, certificates of title and	31
ribbons, cartridges, or other devices necessary for the operation	32
of the certificate of title processing equipment as determined by	33
the automated title processing board pursuant to division (C) of	34
section 4505.09 of the Revised Code. All other automated title	35
processing system supplies shall be provided by the clerks.	36

If it appears that any certificate of title has been	37
improperly issued, the registrar shall cancel the certificate	38
unless the title is deemed valid pursuant to section 4505.191 of	39
the Revised Code. Upon the cancellation of any certificate of	40
title, the registrar shall notify the clerk who issued it, and the	41
clerk thereupon shall enter the cancellation upon the clerk's	42
records. The registrar also shall notify the person to whom such	43
certificate of title was issued, as well as any lienholders	44
appearing thereon, of the cancellation and shall demand the	45
surrender of the certificate of title immediately, but the	46
cancellation shall not affect the validity of any lien noted	47
thereon. The holder of such certificate of title immediately shall	48
return it to the registrar. If a certificate of registration has	49
been issued to the holder of a certificate of title so canceled	50
the registrar immediately shall cancel it and demand the return of	51
such certificate of registration and license plates, and the	52
holder of such certificate of registration and license plates	53
shall return the same to the registrar forthwith. The clerks shall	54
keep on hand a sufficient supply of blank forms, which, except for	55
certificate of title and memorandum certificate forms, shall be	56
furnished and distributed without charge to registered	57
manufacturers or dealers, or other persons residing within the	58
county.	59

Sec. 4505.101.  (A)(1) The owner of any repair garage or	60
place of storage in which a motor vehicle with a value of less	61
than twothree thousand five hundred dollars has been left	62
unclaimed for fifteen days or more following completion of the	63
requested repair or the agreed term of storage mayshall send by	64
certified mail, return receipt requested, to the last known	65
address of theany owner and any lienholder of the motor vehicle a	66
notice to remove the motor vehicle. IfIn order to identify any	67
owner or lienholder, prior to sending a notice, the repair garage	68
or place of storage shall cause a search to be made of the records	69
of the bureau of motor vehicles. Any notice to a lienholder shall	70
state where the motor vehicle is located and the value of the	71
vehicle.	72

If the motor vehicle remains unclaimed by theany owner or	73
lienholder for fifteen days after the mailing of the noticeall	74
required notices, and for each notice the person on whose property	75
the vehicle has been abandoned either has received the signed	76
receipt from the certified mail or has been notified that the	77
delivery was not possible, the person shallmay obtain a	78
certificate of title to the motor vehicle in the person's name in	79
the manner provided in this section. Unless the lienholder claims	80
the motor vehicle within fifteen days from the mailing of the	81
notice, the lienholder's lien is invalid.	82

(2) The owner of the repair garage or place of storage that	83
mailed the notice shall execute an affidavit that all of the	84
requirements of this section necessary to authorize the issuance	85
of a certificate of title for the motor vehicle have been met. The	86
affidavit shall set forth an itemized statement of the value of	87
the motor vehicle when unclaimed as determined in accordance with	88
standards fixed by the registrar of motor vehicles; the length of	89
time that the motor vehicle has remained unclaimed; the expenses	90
incurred with the motor vehicle; that a notice to remove the	91
vehicle has been mailed to theany titled owner, if known,or	92
lienholder by certified mail, return receipt requested; and that a	93
search of the records of the bureau of motor vehicles has been	94
made for outstanding liens on the motor vehiclein accordance with	95
division (A)(1) of this section.	96

No affidavit shall be executed or filed under this section	97
until after a search of the records of the bureau of motor	98
vehicles has been made. If the research reveals any outstanding	99
lien on the motor vehicle, the owner of the repair garage or place	100
of storage of the motor vehicle shall notify the mortgagee or	101
lienholder by certified mail, return receipt requested, stating	102
where the motor vehicle is located and the value of the vehicle.	103
Unless the mortgagee or lienholder claims the motor vehicle within	104
fifteen days from the mailing of the notice, the mortgagee's	105
mortgage or the lienholder's lien shall be invalid.	106

Upon presentation by the owner of the repair garage or place	107
of storage of the affidavit, showing compliance with all	108
requirements of this section to the clerk of courts of the county	109
in which the repair garage or place of storage is located, the(B)	110
The owner of a towing service or storage facility that is in	111
possession of a vehicle may obtain a certificate of title to the	112
vehicle as provided in division (C) of this section if all of the	113
following apply:	114

(1) The vehicle was towed under division (B) of section	115
4513.601 of the Revised Code.	116

(2) The vehicle has a value of less than three thousand five	117
hundred dollars.	118

(3) The vehicle has been left unclaimed for sixty days after	119
the date the earliest notice required by division (F)(1) of	120
section 4513.601 of the Revised Code is received, as evidenced by	121
a receipt signed by any person, or the towing service or storage	122
facility has been notified that the delivery was not possible.	123

(4) The owner of the towing service or storage facility	124
executes an affidavit that all of the requirements of this section	125
necessary to authorize the issuance of a certificate of title for	126
the motor vehicle have been met. The affidavit shall set forth an	127
itemized statement of the value of the motor vehicle; that notices	128
to remove the vehicle have been mailed to the owner and any	129
lienholder as required under division (F) of section 4513.601 of	130
the Revised Code; the length of time that the motor vehicle has	131
remained unclaimed after the date the earliest notice required	132
under division (F) of section 4513.601 of the Revised Code was	133
received or the towing service or storage facility was notified	134
that delivery was not possible; and that a search of the records	135
of the bureau of motor vehicles has been made for outstanding	136
liens on the motor vehicle.	137

(C) The clerk of courts shall issue a certificate of title,	138
free and clear of all liens and encumbrances, to the owner of the	139
place of storageas follows:	140

(1) To a repair garage or place of storage that presents an	141
affidavit that complies with all of the requirements of division	142
(A) of this section;	143

(2) To a towing service or storage facility that presents an	144
affidavit in compliance with division (B) of this section.	145

TheUpon receipt of the certificate of title, a repair garage	146
or place of storage, or a towing service or storage facility,	147
shall pay to the clerk of courts the value of the motor vehicle,	148
as determined in accordance with standards fixed by the registrar	149
of motor vehicles, less expenses incurred by the owner of such	150
repair garage or place of storage, shall be paid to the clerk of	151
courts for deposit into the county general fund upon receipt of	152
the certificate of title.	153

(B)(D) Whoever violates this section shall be fined not more	154
than two hundred dollars, imprisoned not more than ninety days, or	155
both.	156

(E) As used in this section:

157

(1) "Repair garage or place of storage" means any business	158
with which a person entered into an agreement for the repair of a	159
motor vehicle or any business with which a person entered into an	160
agreement for the storage of a motor vehicle.	161

(2) "Towing service or storage facility" means any for-hire	162
motor carrier that removes a motor vehicle under the authority of	163
section 4513.601 of the Revised Code and any place to which such a	164
for-hire motor carrier delivers a motor vehicle towed under that	165
section.	166

(3) "Value" means the wholesale value for that make and model	167
of motor vehicle in good condition at the time the towing service	168
submits an affidavit under division (C) of this section, as	169
provided in a vehicle valuation guide that is generally available	170
and recognized by the motor vehicle industry, minus either of the	171
following, as applicable:	172

(a) The estimated cost of repairs to restore the motor	173
vehicle to the wholesale value for that make and model of motor	174
vehicle;	175

(b) The cost of any agreed-upon repairs.

176

Sec. 4505.11. This section shall also apply to all-purpose	177
vehicles and off-highway motorcycles as defined in section 4519.01	178
of the Revised Code.	179

(A) Each owner of a motor vehicle and each person mentioned	180
as owner in the last certificate of title, when the motor vehicle	181
is dismantled, destroyed, or changed in such manner that it loses	182
its character as a motor vehicle, or changed in such manner that	183
it is not the motor vehicle described in the certificate of title,	184
shall surrender the certificate of title to that motor vehicle to	185
a clerk of a court of common pleas, and the clerk, with the	186
consent of any holders of any liens noted on the certificate of	187
title, then shall enter a cancellation upon the clerk's records	188
and shall notify the registrar of motor vehicles of the	189
cancellation.	190

Upon the cancellation of a certificate of title in the manner	191
prescribed by this section, any clerk and the registrar of motor	192
vehicles may cancel and destroy all certificates and all	193
memorandum certificates in that chain of title.	194

(B)(1) If an Ohio certificate of title or salvage certificate	195
of title to a motor vehicle is assigned to a salvage dealer, the	196
dealer is not required to obtain an Ohio certificate of title or a	197
salvage certificate of title to the motor vehicle in the dealer's	198
own name if the dealer dismantles or destroys the motor vehicle,	199
indicates the number of the dealer's motor vehicle salvage	200
dealer's license on it, marks "FOR DESTRUCTION" across the face of	201
the certificate of title or salvage certificate of title, and	202
surrenders the certificate of title or salvage certificate of	203
title to a clerk of a court of common pleas as provided in	204
division (A) of this section. If the salvage dealer retains the	205
motor vehicle for resale, the dealer shall make application for a	206
salvage certificate of title to the motor vehicle in the dealer's	207
own name as provided in division (C)(1) of this section.	208

(2) At the time any salvage motor vehicle is sold at auction	209
or through a pool, the salvage motor vehicle auction or salvage	210
motor vehicle pool shall give a copy of the salvage certificate of	211
title or a copy of the certificate of title marked "FOR	212
DESTRUCTION" to the purchaser.	213

(C)(1) When an insurance company declares it economically	214
impractical to repair such a motor vehicle and has paid an agreed	215
price for the purchase of the motor vehicle to any insured or	216
claimant owner, the insurance company shall proceed as follows:	217

(a) If an insurance company receives the certificate of title	218
and the motor vehicle, within thirty business days, the insurance	219
company shall deliver the certificate of title to a clerk of a	220
court of common pleas and shall make application for a salvage	221
certificate of title.	222

(b) If an insurance company obtains possession of the motor	223
vehicle but is unable to obtain the properly endorsed certificate	224
of title for the motor vehicle within thirty business days	225
following the vehicle's owner or lienholder's acceptance of the	226
insurance company's payment for the vehicle, the insurance company	227
may apply to the clerk of a court of common pleas for a salvage	228
certificate of title without delivering the certificate of title	229
for the motor vehicle. The application shall be accompanied by	230
evidence that the insurance company has paid a total loss claim on	231
the vehicle, a copy of the written request for the certificate of	232
title onfrom the insurance company's letterhead, and the original	233
certified mail, return receipt notice, addressedcompany or its	234
designee, and proof that the request was delivered by a nationally	235
recognized courier service to the last known address of the owner	236
of the vehicle and any known lienholder, to obtain the certificate	237
of title.	238

(c) Upon receipt of a properly completed application for a	239
salvage certificate of title as described in division (C)(1)(a) or	240
(b) or (C)(2) of this section, the clerk shall issue the salvage	241
certificate of title on a form, prescribed by the registrar, that	242
shall be easily distinguishable from the original certificate of	243
title and shall bear the same information as the original	244
certificate of title except that it may bear a different number	245
than that of the original certificate of title. Except as provided	246
in division (C)(3) of this section, the salvage certificate of	247
title shall be assigned by the insurance company to a salvage	248
dealer or any other person for use as evidence of ownership upon	249
the sale or other disposition of the motor vehicle, and the	250
salvage certificate of title shall be transferrable to any other	251
person. The clerk shall charge a fee of four dollars for the cost	252
of processing each salvage certificate of title.	253

(2) If an insurance company requests that a salvage motor	254
vehicle auction take possession of a motor vehicle that is the	255
subject of an insurance claim, and subsequently the insurance	256
company denies coverage with respect to the motor vehicle or does	257
not otherwise take ownership of the motor vehicle, the salvage	258
motor vehicle auction may proceed as follows. After the salvage	259
motor vehicle auction has possession of the motor vehicle for	260
forty-five days, it may apply to the clerk of a court of common	261
pleas for a salvage certificate of title without delivering the	262
certificate of title for the motor vehicle. The application shall	263
be accompanied by a copy of the written request that the vehicle	264
be removed from the facility on the salvage motor vehicle	265
auction's letterhead, and the original certified mail, return	266
receipt notice, addressed to the last known owner of the vehicle	267
and any known lienholder, requesting that the vehicle be removed	268
from the facility of the salvage motor vehicle auction. Upon	269
receipt of a properly completed application, the clerk shall	270
follow the process as described in division (C)(1)(c) of this	271
section. The salvage certificate of title so issued shall be free	272
and clear of all liens.	273

(3) If an insurance company considers a motor vehicle as	274
described in division (C)(1)(a) or (b) of this section to be	275
impossible to restore for highway operation, the insurance company	276
may assign the certificate of title to the motor vehicle to a	277
salvage dealer or scrap metal processing facility and send the	278
assigned certificate of title to the clerk of the court of common	279
pleas of any county. The insurance company shall mark the face of	280
the certificate of title "FOR DESTRUCTION" and shall deliver a	281
photocopy of the certificate of title to the salvage dealer or	282
scrap metal processing facility for its records.	283

(4) If an insurance company declares it economically	284
impractical to repair a motor vehicle, agrees to pay to the	285
insured or claimant owner an amount in settlement of a claim	286
against a policy of motor vehicle insurance covering the motor	287
vehicle, and agrees to permit the insured or claimant owner to	288
retain possession of the motor vehicle, the insurance company	289
shall not pay the insured or claimant owner any amount in	290
settlement of the insurance claim until the owner obtains a	291
salvage certificate of title to the vehicle and furnishes a copy	292
of the salvage certificate of title to the insurance company.	293

(D) When a self-insured organization, rental or leasing	294
company, or secured creditor becomes the owner of a motor vehicle	295
that is burned, damaged, or dismantled and is determined to be	296
economically impractical to repair, the self-insured organization,	297
rental or leasing company, or secured creditor shall do one of the	298
following:	299

(1) Mark the face of the certificate of title to the motor	300
vehicle "FOR DESTRUCTION" and surrender the certificate of title	301
to a clerk of a court of common pleas for cancellation as	302
described in division (A) of this section. The self-insured	303
organization, rental or leasing company, or secured creditor then	304
shall deliver the motor vehicle, together with a photocopy of the	305
certificate of title, to a salvage dealer or scrap metal	306
processing facility and shall cause the motor vehicle to be	307
dismantled, flattened, crushed, or destroyed.	308

(2) Obtain a salvage certificate of title to the motor	309
vehicle in the name of the self-insured organization, rental or	310
leasing company, or secured creditor, as provided in division	311
(C)(1) of this section, and then sell or otherwise dispose of the	312
motor vehicle. If the motor vehicle is sold, the self-insured	313
organization, rental or leasing company, or secured creditor shall	314
obtain a salvage certificate of title to the motor vehicle in the	315
name of the purchaser from a clerk of a court of common pleas.	316

(E) If a motor vehicle titled with a salvage certificate of	317
title is restored for operation upon the highways, application	318
shall be made to a clerk of a court of common pleas for a	319
certificate of title. Upon inspection by the state highway patrol,	320
which shall include establishing proof of ownership and an	321
inspection of the motor number and vehicle identification number	322
of the motor vehicle and of documentation or receipts for the	323
materials used in restoration by the owner of the motor vehicle	324
being inspected, which documentation or receipts shall be	325
presented at the time of inspection, the clerk, upon surrender of	326
the salvage certificate of title, shall issue a certificate of	327
title for a fee prescribed by the registrar. The certificate of	328
title shall be in the same form as the original certificate of	329
title and shall bear the words "REBUILT SALVAGE" in black boldface	330
letters on its face. Every subsequent certificate of title,	331
memorandum certificate of title, or duplicate certificate of title	332
issued for the motor vehicle also shall bear the words "REBUILT	333
SALVAGE" in black boldface letters on its face. The exact location	334
on the face of the certificate of title of the words "REBUILT	335
SALVAGE" shall be determined by the registrar, who shall develop	336
an automated procedure within the automated title processing	337
system to comply with this division. The clerk shall use	338
reasonable care in performing the duties imposed on the clerk by	339
this division in issuing a certificate of title pursuant to this	340
division, but the clerk is not liable for any of the clerk's	341
errors or omissions or those of the clerk's deputies, or the	342
automated title processing system in the performance of those	343
duties. A fee of fifty dollars shall be assessed by the state	344
highway patrol for each inspection made pursuant to this division	345
and shall be deposited into the state highway safety fund	346
established by section 4501.06 of the Revised Code.	347

(F) No person shall operate upon the highways in this state a	348
motor vehicle, title to which is evidenced by a salvage	349
certificate of title, except to deliver the motor vehicle pursuant	350
to an appointment for an inspection under this section.	351

(G) No motor vehicle the certificate of title to which has	352
been marked "FOR DESTRUCTION" and surrendered to a clerk of a	353
court of common pleas shall be used for anything except parts and	354
scrap metal.	355

(H)(1) Except as otherwise provided in this division, an	356
owner of a manufactured or mobile home that will be taxed as real	357
property pursuant to division (B) of section 4503.06 of the	358
Revised Code shall surrender the certificate of title to the	359
auditor of the county containing the taxing district in which the	360
home is located. An owner whose home qualifies for real property	361
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of	362
the Revised Code shall surrender the certificate within fifteen	363
days after the home meets the conditions specified in those	364
divisions. The auditor shall deliver the certificate of title to	365
the clerk of the court of common pleas who issued it.	366

(2) If the certificate of title for a manufactured or mobile	367
home that is to be taxed as real property is held by a lienholder,	368
the lienholder shall surrender the certificate of title to the	369
auditor of the county containing the taxing district in which the	370
home is located, and the auditor shall deliver the certificate of	371
title to the clerk of the court of common pleas who issued it. The	372
lienholder shall surrender the certificate within thirty days	373
after both of the following have occurred:	374

(a) The homeowner has provided written notice to the	375
lienholder requesting that the certificate of title be surrendered	376
to the auditor of the county containing the taxing district in	377
which the home is located.	378

(b) The homeowner has either paid the lienholder the	379
remaining balance owed to the lienholder, or, with the	380
lienholder's consent, executed and delivered to the lienholder a	381
mortgage on the home and land on which the home is sited in the	382
amount of the remaining balance owed to the lienholder.	383

(3) Upon the delivery of a certificate of title by the county	384
auditor to the clerk, the clerk shall inactivate it and maintain	385
it in the automated title processing system for a period of thirty	386
years.	387

(4) Upon application by the owner of a manufactured or mobile	388
home that is taxed as real property pursuant to division (B) of	389
section 4503.06 of the Revised Code and that no longer satisfies	390
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that	391
section, the clerk shall reactivate the record of the certificate	392
of title that was inactivated under division (H)(3) of this	393
section and shall issue a new certificate of title, but only if	394
the application contains or has attached to it all of the	395
following:	396

(a) An endorsement of the county treasurer that all real	397
property taxes charged against the home under Title LVII of the	398
Revised Code and division (B) of section 4503.06 of the Revised	399
Code for all preceding tax years have been paid;	400

(b) An endorsement of the county auditor that the home will	401
be removed from the real property tax list;	402

(c) Proof that there are no outstanding mortgages or other	403
liens on the home or, if there are such mortgages or other liens,	404
that the mortgagee or lienholder has consented to the reactivation	405
of the certificate of title.	406

(I)(1) Whoever violates division (F) of this section shall be	407
fined not more than two thousand dollars, imprisoned not more than	408
one year, or both.	409

(2) Whoever violates division (G) of this section shall be	410
fined not more than one thousand dollars, imprisoned not more than	411
six months, or both.	412

Sec. 4505.17.  (A) Every sheriff, chief of police, constable,	413
state highway patrol trooper, employee of the state highway	414
patrol, and designated officer of the department of public safety,	415
having knowledge of a stolen motor vehicle, immediately shall	416
furnish the registrar of motor vehicles with full information	417
concerning such theft.	418

Whenever the registrar receives a report of the theft or	419
conversion of a motor vehicle, whether the same has been	420
registered or not and whether owned in this or any other state,	421
the registrar shall make a distinctive record thereof, including	422
the make of the stolen vehicle and its manufacturer's vehicle	423
identification number. The registrar shall prepare a report	424
listing motor vehicles stolen and recovered as disclosed by the	425
reports submitted to the registrar, to be distributed as the	426
registrar determines advisable.	427

In the event of the receipt from any clerk of the court of	428
common pleas of a copy of a certificate of title to such a motor	429
vehicle, the registrar immediately shall notify the rightful owner	430
thereof and the clerk who issued such certificate of title, and	431
if, upon investigation, it appears that such certificate of title	432
was improperly issued, the registrar immediately shall cancel the	433
certificate unless the title is deemed valid pursuant to section	434
4505.191 of the Revised Code.	435

In the event of the recovery of a stolen or converted motor	436
vehicle, the owner immediately shall notify the registrar, who	437
shall remove the record of the theft or conversion from the	438
registrar's file.	439

(B) Whoever violates this section shall be fined not more	440
than two hundred dollars, imprisoned not more than ninety days, or	441
both.	442

Sec. 4505.191.  (A) A scrap metal dealer, as defined in	443
section 4737.04 of the Revised Code, is deemed to have valid title	444
to a motor vehicle if both of the following apply:	445

(1) The scrap metal dealer purchased the motor vehicle in the	446
ordinary course of business.	447

(2) The scrap metal dealer received an endorsed and notarized	448
certificate of title to the motor vehicle from a seller,	449
regardless of whether the certificate of title was issued pursuant	450
to section 4505.06, 4505.10, 4505.101, 4505.102, 4505.11, or	451
4505.19 of the Revised Code.	452

(B) If a certificate of title to a motor vehicle was	453
improperly issued, unlawfully obtained, or falsified prior to the	454
transfer of the title to a scrap metal dealer who is deemed to	455
have valid title pursuant to division (A) of this section, any	456
other person with a valid certificate of title may seek legal	457
recourse from the person who sold the motor vehicle to the scrap	458
metal dealer. Such a person does not have a claim for relief	459
against, and may not recover damages in a civil action against,	460
the scrap metal dealer.	461

Sec. 4513.60.  (A)(1) The sheriff of a county or chief of	462
police of a municipal corporation, township, or township or joint	463
police district, within the sheriff's or chief's respective	464
territorial jurisdiction, upon complaint of any person adversely	465
affected, may order into storage any motor vehicle, other than an	466
abandoned junk motor vehicle as defined in section 4513.63 of the	467
Revised Code, that has been left on private residential or private	468
agricultural property for at least four hours without the	469
permission of the person having the right to the possession of the	470
property. The sheriff or chief of police, upon complaint of the	471
owner of a repair garage or place of storage, may order into	472
storage any motor vehicle, other than an abandoned junk motor	473
vehicle, that has been left at the garage or place of storage for	474
a longer period than that agreed upon. The place of storage shall	475
be designated by the sheriff or chief of police. When ordering a	476
motor vehicle into storage pursuant to this division, a sheriff or	477
chief of police, whenever possible, shallmay arrange for the	478
removal of the motor vehicle by a private tow truck operator or	479
towing company. Subjectservice and shall designate a storage	480
facility.	481

(2) A towing service towing a motor vehicle under division	482
(A)(1) of this section shall remove the motor vehicle in	483
accordance with that division. The towing service shall deliver	484
the motor vehicle to the location designated by the sheriff or	485
chief of police not more than two hours after the time it is	486
removed from the private property.	487

(3) Subject to division (C)(B) of this section, the owner of	488
a motor vehicle that has been removed pursuant to this division	489
may recover the vehicle only in accordance with division (E)(D) of	490
this section.	491

(2) Divisions (A)(1) to (3) of this section do not apply to	492
any private residential or private agricultural property that is	493
established as a private tow-away zone in accordance with division	494
(B) of this section.	495

(3)(4) As used in divisions (A)(1) and (2) of this section,	496
"private residential property" means private property on which is	497
located one or more structures that are used as a home, residence,	498
or sleeping place by one or more persons, if no more than three	499
separate households are maintained in the structure or structures.	500
"Private residential property" does not include any private	501
property on which is located one or more structures that are used	502
as a home, residence, or sleeping place by two or more persons, if	503
more than three separate households are maintained in the	504
structure or structures.	505

(B)(1) The owner of private property may establish a private	506
tow-away zone only if all of the following conditions are	507
satisfied:	508

(a) The owner posts on the owner's property a sign, that is	509
at least eighteen inches by twenty-four inches in size, that is	510
visible from all entrances to the property, and that contains at	511
least all of the following information:	512

(i) A notice that the property is a private tow-away zone and	513
that vehicles not authorized to park on the property will be towed	514
away;	515

(ii) The telephone number of the person from whom a	516
towed-away vehicle can be recovered, and the address of the place	517
to which the vehicle will be taken and the place from which it may	518
be recovered;	519

(iii) A statement that the vehicle may be recovered at any	520
time during the day or night upon the submission of proof of	521
ownership and the payment of a towing charge, in an amount not to	522
exceed ninety dollars, and a storage charge, in an amount not to	523
exceed twelve dollars per twenty-four-hour period; except that the	524
charge for towing shall not exceed one hundred fifty dollars, and	525
the storage charge shall not exceed twenty dollars per	526
twenty-four-hour period, if the vehicle has a manufacturer's gross	527
vehicle weight rating in excess of ten thousand pounds and is a	528
truck, bus, or a combination of a commercial tractor and trailer	529
or semitrailer.	530

(b) The place to which the towed vehicle is taken and from	531
which it may be recovered is conveniently located, is well	532
lighted, and is on or within a reasonable distance of a regularly	533
scheduled route of one or more modes of public transportation, if	534
any public transportation is available in the municipal	535
corporation or township in which the private tow-away zone is	536
located.	537

(2) If a vehicle is parked on private property that is	538
established as a private tow-away zone in accordance with division	539
(B)(1) of this section, without the consent of the owner of the	540
property or in violation of any posted parking condition or	541
regulation, the owner or the owner's agent may remove, or cause	542
the removal of, the vehicle, the owner and the operator of the	543
vehicle shall be deemed to have consented to the removal and	544
storage of the vehicle and to the payment of the towing and	545
storage charges specified in division (B)(1)(a)(iii) of this	546
section, and the owner, subject to division (C) of this section,	547
may recover a vehicle that has been so removed only in accordance	548
with division (E) of this section.	549

(3) If a municipal corporation requires tow trucks and tow	550
truck operators to be licensed, no owner of private property	551
located within the municipal corporation shall remove, or shall	552
cause the removal and storage of, any vehicle pursuant to division	553
(B)(2) of this section by an unlicensed tow truck or unlicensed	554
tow truck operator.	555

(4) Divisions (B)(1) to (3) of this section do not affect or	556
limit the operation of division (A) of this section or sections	557
4513.61 to 4513.65 of the Revised Code as they relate to property	558
other than private property that is established as a private	559
tow-away zone under division (B)(1) of this section.	560

(C) If the owner or operator of a motor vehicle that has been	561
ordered into storage pursuant to division (A)(1) of this section	562
or of a vehicle that is being removed under authority of division	563
(B)(2) of this section arrives after the motor vehicle or vehicle	564
has been prepared for removal, but prior to its actual removal	565
from the property, the towing service shall give the owner or	566
operator shall be given the opportunity to pay a fee of not more	567
than one-half of the chargefee for the removal of the motor	568
vehiclesvehicle under division (A)(D)(1) of this section or of	569
vehicles under division (B)(2) of this section, whichever is	570
applicable, that normally is assessed by the person who has	571
prepared the motor vehicle or vehicle for removal, in order to	572
obtain release of the motor vehicle or vehicle. Upon payment of	573
that fee, the towing service shall release the motor vehicle or	574
vehicle shall be released to the owner or operator, and upon. Upon	575
its release, the owner or operator immediately shall move it so	576
that:	577

(1) If the motor vehicle was ordered into storage pursuant to	578
division (A)(1) of this section, it is not on the private	579
residential or private agricultural property without the	580
permission of the person having the right to possession of the	581
property, or is not at the garage or place of storage without the	582
permission of the owner, whichever is applicable.	583

(2) If the vehicle was being removed under authority of	584
division (B)(2) of this section, it is not parked on the private	585
property established as a private tow-away zone without the	586
consent of the owner or in violation of any posted parking	587
condition or regulation.	588

(D)(1) If an owner of private property that is established as	589
a private tow-away zone in accordance with division (B)(1) of this	590
section or the authorized agent of such an owner removes or causes	591
the removal of a vehicle from that property under authority of	592
division (B)(2) of this section, the owner or agent promptly shall	593
notify the police department of the municipal corporation,	594
township, or township or joint police district in which the	595
property is located, of the removal, the vehicle's license number,	596
make, model, and color, the location from which it was removed,	597
the date and time of its removal, the telephone number of the	598
person from whom it may be recovered, and the address of the place	599
to which it has been taken and from which it may be recovered.	600

(2)(C)(1) Each county sheriff and each chief of police of a	601
municipal corporation, township, or township or joint police	602
district shall maintain a record of motor vehicles that the	603
sheriff or chief orders into storage pursuant to division (A)(1)	604
of this section and of vehicles removed from private property in	605
the sheriff's or chief's jurisdiction that is established as a	606
private tow-away zone of which the sheriff or chief has received	607
notice under division (D)(1) of this section. The record shall	608
include an entry for each such motor vehicle or vehicle that	609
identifies the motor vehicle's or vehicle's license number, make,	610
model, and color, the location from which it was removed, the date	611
and time of its removal, the telephone number of the person from	612
whom it may be recovered, and the address of the place to which it	613
has been taken and from which it may be recovered. AnyA sheriff	614
or chief of police shall provide any information in the record	615
that pertains to a particular motor vehicle or vehicle shall be	616
provided to any person who, either in person or pursuant to a	617
telephone call, identifies self as the owner or operator of the	618
motor vehicle or vehicle and requests information pertaining to	619
its location.	620

(3)(2) Any person who registers a complaint that is the basis	621
of a sheriff's or police chief's order for the removal and storage	622
of a motor vehicle under division (A)(1) of this section shall	623
provide the identity of the law enforcement agency with which the	624
complaint was registered to any person who identifies self as the	625
owner or operator of the motor vehicle and requests information	626
pertaining to its location.	627

(E)(D)(1) The owner or lienholder of a motor vehicle that is	628
ordered into storage pursuant to division (A)(1) of this section	629
or of a vehicle that is removed under authority of division (B)(2)	630
of this section may reclaim it upon payment of any expenses or	631
charges incurred in its removal, in an amount not to exceed ninety	632
dollars, and storage, in an amount not to exceed twelve dollars	633
per twenty-four-hour period; except that the charge for towing	634
shall not exceed one hundred fifty dollars, and the storage charge	635
shall not exceed twenty dollars per twenty-four-hour period, if	636
the vehicle has a manufacturer's gross vehicle weight rating in	637
excess of ten thousand pounds and is a truck, bus, or a	638
combination of a commercial tractor and trailer or semitrailer.	639
both of the following:	640

(a) Payment of the following fees:

641

(i) Not more than ninety dollars for the removal of the motor	642
vehicle. However, if the motor vehicle has a manufacturer's gross	643
vehicle weight rating in excess of ten thousand pounds and is a	644
truck, bus, or a combination of a commercial tractor and trailer	645
or semitrailer, not more than one hundred fifty dollars for the	646
removal.	647

(ii) Not more than twelve dollars per twenty-four-hour period	648
for the storage of the motor vehicle. However, if the motor	649
vehicle has a manufacturer's gross vehicle weight rating in excess	650
of ten thousand pounds and is a truck, bus, or a combination of a	651
commercial tractor and trailer or semitrailer, not more than	652
twenty dollars per twenty-four-hour period for storage.	653

(b) Presentation of proof of ownership, which may be	654
evidenced by a certificate of title to the motor vehicle or	655
vehicle also shall be required for reclamation of the vehicle. If	656

(2) Upon presentation of proof of ownership, the owner of a	657
motor vehicle that is ordered into storage under division (A)(1)	658
of this section may retrieve any personal items from the motor	659
vehicle without retrieving the vehicle and without paying any fee.	660
However, the owner may not retrieve any personal item that has	661
been determined by the sheriff or chief of police, as applicable,	662
to be necessary to a criminal investigation. For purposes of	663
division (D)(2) of this section, "personal items" do not include	664
any items that are attached to the motor vehicle.	665

(3) If a motor vehicle that is ordered into storage pursuant	666
to division (A)(1) of this section remains unclaimed by the owner	667
for thirty days, the procedures established by sections 4513.61	668
and 4513.62 of the Revised Code shall apply.	669

(F)(E)(1) No person shall remove, or cause the removal of,	670
any vehicle from private property that is established as a private	671
tow-away zone under division (B)(1) of this section other than in	672
accordance with division (B)(2) of this section, and no person	673
shall remove, or cause the removal of, any motor vehicle from any	674
other private residential or private agricultural property other	675
than in accordance with division (A)(1) of this section or	676
sections 4513.61 to 4513.65 of the Revised Code.	677

(2) No towing service or storage facility shall fail to	678
comply with the requirements of this section.	679

(F) This section does not apply to any private residential or	680
private agricultural property that is established as a private	681
tow-away zone in accordance with section 4513.601 of the Revised	682
Code.	683

(G) WhoeverThe owner of any towing service or storage	684
facility that violates division (B)(3) or (F)(E) of this section	685
is guilty of a minor misdemeanor.	686

Sec. 4513.601.  (A) The owner of private property may	687
establish a private tow-away zone, but may do so only if all of	688
the following conditions are satisfied:	689

(1) The owner posts on the owner's property a sign, that is	690
at least eighteen inches by twenty-four inches in size, that is	691
visible from all entrances to the property, and that includes all	692
of the following information:	693

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

694

(b) A description of persons authorized to park on the	695
property. If the property is a residential property, the owner of	696
the private property may include on the sign a statement that only	697
tenants and guests may park in the private tow-away zone, subject	698
to the terms of the property owner. If the property is a	699
commercial property, the owner of the private property may include	700
on the sign a statement that only customers may park in the	701
private tow-away zone. In all cases, if it is not apparent which	702
persons may park in the private tow-away zone, the owner shall	703
include on the sign the address of the property on which the	704
private tow-away zone is located or the name of the business that	705
is located on the property designated as a private tow-away zone.	706

(c) If the private tow-away zone is not enforceable at all	707
times, the times during which the parking restrictions are	708
enforced;	709

(d) The telephone number and the address of the place from	710
which a towed vehicle may be recovered at any time during the day	711
or night;	712

(e) A statement that the failure to recover a towed vehicle	713
may result in the loss of title to the vehicle as provided in	714
division (B) of section 4505.101 of the Revised Code.	715

The owner of property that has been established as a private	716
tow-away zone under section 4513.60 of the Revised Code as that	717
section existed prior to the effective date of this section may	718
retain existing private tow-away zone signs that comply with that	719
section for up to one year after the effective date of this	720
section. At any time, in order to comply with the requirements of	721
division (B)(1) of this section, such a property owner may modify	722
the existing sign by affixing to the existing sign stickers or an	723
addendum in lieu of replacing the sign.	724

(2) A towing service ensures that a vehicle towed under this	725
section is taken to a location from which it may be recovered that	726
complies with all of the following:	727

(a) It is conveniently located.

728

(b) It is well-lighted.

729

(c) It is on or within a reasonable distance of a regularly	730
scheduled route of one or more modes of public transportation, if	731
any public transportation is available in the municipal	732
corporation or township in which the private tow-away zone is	733
located.	734

(B)(1) If a vehicle is parked on private property that is	735
established as a private tow-away zone in accordance with division	736
(A) of this section, without the consent of the owner of the	737
property or in violation of any posted parking condition or	738
regulation, the owner may cause the removal of the vehicle by a	739
towing service. The towing service shall remove the vehicle in	740
accordance with this section. The vehicle owner and the operator	741
of the vehicle are considered to have consented to the removal and	742
storage of the vehicle, to the payment of the applicable fees	743
established under division (G) of this section, and to the right	744
of a towing service to obtain title to the vehicle if it remains	745
unclaimed as provided in section 4505.101 of the Revised Code. The	746
owner or lienholder of a vehicle that has been removed under this	747
section, subject to division (C) of this section, may recover the	748
vehicle in accordance with division (G) of this section.	749

(2) If a municipal corporation requires tow trucks and tow	750
truck operators to be licensed, no owner of private property	751
located within the municipal corporation shall cause the removal	752
and storage of any vehicle pursuant to division (B) of this	753
section by an unlicensed tow truck or unlicensed tow truck	754
operator.	755

(C) If the owner or operator of a vehicle that is being	756
removed under authority of division (B) of this section arrives	757
after the vehicle has been prepared for removal, but prior to its	758
actual removal from the property, the towing service shall give	759
the vehicle owner or operator the opportunity to pay a fee of not	760
more than one-half of the fee for the removal of the vehicle	761
established under division (G) of this section in order to obtain	762
release of the vehicle. Upon payment of that fee, the towing	763
service shall release the vehicle to the owner or operator. Upon	764
its release, the owner or operator immediately shall move the	765
vehicle so that the vehicle is not parked on the private property	766
established as a private tow-away zone without the consent of the	767
owner or in violation of any posted parking condition or	768
regulation.	769

(D)(1) Prior to towing a vehicle under division (B) of this	770
section, a towing service shall make all reasonable efforts to	771
take as many photographs as necessary to evidence that the vehicle	772
is clearly parked on private property in violation of a private	773
tow-away zone established under division (A) of this section.	774

The towing service shall record the time and date of the	775
photographs taken under this section. The towing service shall	776
retain the photographs and the record of the time and date, in	777
electronic or printed form, for at least thirty days after the	778
date on which the vehicle is recovered by the owner or lienholder	779
or at least two years after the date on which the vehicle was	780
towed, whichever is earlier.	781

(2) A towing service shall deliver a vehicle towed under	782
division (B) of this section to the location from which it may be	783
recovered not more than two hours after the time it was removed	784
from the private tow-away zone.	785

(E)(1) If an owner of private property that is established as	786
a private tow-away zone in accordance with division (A) of this	787
section causes the removal of a vehicle from that property by a	788
towing service under division (B) of this section, the towing	789
service, within two hours of removing the vehicle, shall provide	790
notice to the sheriff of the county or the police department of	791
the municipal corporation, township, or township or joint police	792
district in which the property is located concerning all of the	793
following:	794

(a) The vehicle's license number, make, model, and color;

795

(b) The location from which the vehicle was removed;

796

(c) The date and time the vehicle was removed;

797

(d) The telephone number of the person from whom the vehicle	798
may be recovered;	799

(e) The address of the place from which the vehicle may be	800
recovered.	801

(2) Each county sheriff and each chief of police of a	802
municipal corporation, township, or township or joint police	803
district shall maintain a record of any vehicle removed from	804
private property in the sheriff's or chief's jurisdiction that is	805
established as a private tow-away zone of which the sheriff or	806
chief has received notice under this section. The record shall	807
include all information submitted by the towing service. The	808
sheriff or chief shall provide any information in the record that	809
pertains to a particular vehicle to a person who, either in person	810
or pursuant to a telephone call, identifies self as the owner,	811
operator, or lienholder of the vehicle and requests information	812
pertaining to the vehicle.	813

(F)(1) When a vehicle is removed from private property in	814
accordance with this section, the owner of the towing service or	815
storage facility from which the vehicle may be recovered shall	816
immediately cause a search to be made of the records of the bureau	817
of motor vehicles to ascertain the identity of the owner and any	818
lienholder of the motor vehicle. Subject to division (F)(4) of	819
this section, the owner of the towing service or storage facility	820
shall send notice to the vehicle owner and any known lienholder as	821
follows:	822

(a) Within five business days of removal of the vehicle from	823
the private tow-away zone, if the vehicle has not yet been	824
recovered, to the owner's and lienholder's last known address by	825
certified or express mail with return receipt requested or by a	826
commercial carrier service utilizing any form of delivery	827
requiring a signed receipt;	828

(b) If the vehicle remains unclaimed thirty days after the	829
first notice is sent, in the manner authorized in division	830
(F)(1)(a) of this section;	831

(c) If the vehicle remains unclaimed forty-five days after	832
the first notice is sent, in the manner authorized in division	833
(F)(1)(a) of this section.	834

(2) Sixty days after any notice sent pursuant to division	835
(F)(1) of this section is received, as evidenced by a receipt	836
signed by any person, or the towing service or storage facility	837
has been notified that delivery was not possible, the owner of a	838
towing service or storage facility, if authorized under division	839
(B) of section 4505.101 of the Revised Code, may initiate the	840
process for obtaining a certificate of title to the motor vehicle	841
as provided in that section.	842

(3) A towing service or storage facility that does not	843
receive a signed receipt of notice, or a notification that	844
delivery was not possible, shall not obtain, and shall not attempt	845
to obtain, a certificate of title to the motor vehicle under	846
division (B) of section 4505.101 of the Revised Code.	847

(4) With respect to a vehicle concerning which a towing	848
service or storage facility is not eligible to obtain title under	849
section 4505.101 of the Revised Code, the towing service or	850
storage facility need only comply with the initial notice required	851
under division (F)(1)(a) of this section.	852

(G)(1) The owner or lienholder of a vehicle that is removed	853
under division (B) of this section may reclaim it upon all of the	854
following:	855

(a) Presentation of proof of ownership, which may be	856
evidenced by a certificate of title to the vehicle;	857

(b) Payment of the following fees:

858

(i) Not more than ninety dollars for the removal of the	859
vehicle. However, if the vehicle has a manufacturer's gross	860
vehicle weight rating in excess of ten thousand pounds and is a	861
truck, bus, or a combination of a commercial tractor and trailer	862
or semitrailer, not more than one hundred fifty dollars for the	863
removal.	864

(ii) Not more than twelve dollars per twenty-four-hour period	865
for the storage of the vehicle. However, if the vehicle has a	866
manufacturer's gross vehicle weight rating in excess of ten	867
thousand pounds and is a truck, bus, or a combination of a	868
commercial tractor and trailer or semitrailer, not more than	869
twenty dollars per twenty-four-hour period for storage.	870

(iii) If notice has been sent to the owner and lienholder as	871
described in division (F) of this section, a processing fee of	872
twenty-five dollars.	873

(2) A towing service or storage facility in possession of a	874
vehicle that is removed under authority of division (B) of this	875
section shall show the vehicle owner, operator, or lienholder who	876
contests the removal of the vehicle all photographs taken under	877
division (D) of this section. Upon request, the towing service or	878
storage facility shall provide copies of all photographs in the	879
medium in which the photographs are stored, whether paper,	880
electronic, or otherwise.	881

(3) Upon presentation of proof of ownership, which may be	882
evidenced by a certificate of title to the vehicle, the owner of a	883
vehicle that is removed under authority of division (B) of this	884
section may retrieve any personal items from the vehicle without	885
retrieving the vehicle and without paying any fee. For purposes of	886
division (G)(3) of this section, "personal items" do not include	887
any items that are attached to the vehicle.	888

(H) No towing service or storage facility shall remove, or	889
cause the removal of, any vehicle from private property that is	890
established as a private tow-away zone under this section, store	891
such a vehicle other than in accordance with this section, or	892
otherwise fail to comply with any applicable requirement of this	893
section.	894

(I) This section does not affect or limit the operation of	895
section 4513.60 or sections 4513.61 to 4613.65 of the Revised Code	896
as they relate to property other than private property that is	897
established as a private tow-away zone under division (A) of this	898
section.	899

(J) The owner of any towing service or storage facility or	900
property owner that violates division (H) of this section is	901
guilty of a minor misdemeanor.	902

Sec. 4513.61. (A) The sheriff of a county or chief of police	903
of a municipal corporation, township, or township or joint police	904
district, within the sheriff's or chief's respective territorial	905
jurisdiction, or a state highway patrol trooper, upon notification	906
to the sheriff or chief of police of such action and of the	907
location of the place of storage, may order into storage any motor	908
vehicle, including an abandoned junk motor vehicle as defined in	909
section 4513.63 of the Revised Code, that has:	910

(1) Has come into the possession of the sheriff, chief of	911
police, or state highway patrol trooper as a result of the	912
performance of the sheriff's, chief's, or trooper's duties; or	913
that has	914

(2) Has been left on a public street or other property open	915
to the public for purposes of vehicular travel, or upon or within	916
the right-of-way of any road or highway, for forty-eight hours or	917
longer without notification to the sheriff or chief of police of	918
the reasons for leaving the motor vehicle in such place, except	919
that. However, when such a motor vehicle constitutes an	920
obstruction to traffic it may be ordered into storage immediately	921
unless either of the following applies:.	922

(a) The vehicle was involved in an accident and is subject to	923
section 4513.66 of the Revised Code;	924

(b) The vehicle is a commercial motor vehicle. If the vehicle	925
is a commercial motor vehicle, the sheriff, chief of police, or	926
state highway patrol trooper shall allow the owner or operator of	927
the vehicle the opportunity to arrange for the removal of the	928
motor vehicle within a period of time specified by the sheriff,	929
chief of police, or state highway patrol trooper. If the sheriff,	930
chief of police, or state highway patrol trooper determines that	931
the vehicle cannot be removed within the specified period of time,	932
the sheriff, chief of police, or state highway patrol trooper	933
shall order the removal of the vehicle. The	934

Subject to division (C) of this section, the sheriff or chief	935
of police shall designate the place of storage of any motor	936
vehicle so ordered removed.	937

(B) If the sheriff, chief of police, or a state highway	938
patrol trooper issues an order under division (A) of this section	939
and arranges for the removal of a motor vehicle by a towing	940
service, the towing service shall deliver the motor vehicle to the	941
location designated by the sheriff or chief of police not more	942
than two hours after the time it is removed.	943

(C)(1) The sheriff or chief of police immediately shall cause	944
a search to be made of the records of the bureau of motor vehicles	945
to ascertain the identity of the owner and any lienholder of a	946
motor vehicle ordered into storage by the sheriff or chief of	947
police, or by a state highway patrol trooper, and, if known,. Upon	948
obtaining such identity, the sheriff or chief of police shall send	949
or cause to be sent notice to the owner or lienholder at the	950
owner's or lienholder's last known address by certified mail with	951
return receipt requested, notice that informs the owner or	952
lienholder that the motor vehicle will be declared a nuisance and	953
disposed of if not claimed within ten days of the date of mailing	954
of the notice. The	955

(2) The owner or lienholder of the motor vehicle may reclaim	956
itthe motor vehicle upon payment of any expenses or charges	957
incurred in its removal and storage, and presentation of proof of	958
ownership, which may be evidenced by a certificate of title or	959
memorandum certificate of title to the motor vehicle. Upon	960
presentation of proof of ownership, the owner of the motor vehicle	961
also may retrieve any personal items from the vehicle without	962
retrieving the vehicle and without paying any fee. IfHowever, the	963
owner may not retrieve any personal item that has been determined	964
by the sheriff, chief of police or a state highway patrol trooper,	965
as applicable, to be necessary to a criminal investigation. For	966
purposes of division (C)(2) of this section, "personal items" do	967
not include any items that are attached to the vehicle.	968

(3) If the owner or lienholder of the motor vehicle reclaims	969
it after a search of the records of the bureau has been conducted	970
and after notice has been sent to the owner or lienholder as	971
described in this section, and the search was conducted by the	972
owner of the place of storage or the owner's employee, and the	973
notice was sent to the motor vehicle owner by the owner of the	974
place of storage or the owner's employee, the owner or lienholder	975
shall pay to the place of storage a processing fee of twenty-five	976
dollars, in addition to any expenses or charges incurred in the	977
removal and storage of the vehicle.	978

(D) If the owner or lienholder makes no claim to the motor	979
vehicle within ten days of the date of mailing of the notice, and	980
if the vehicle is to be disposed of at public auction as provided	981
in section 4513.62 of the Revised Code, the sheriff or chief of	982
police, without charge to any party, shall file with the clerk of	983
courts of the county in which the place of storage is located an	984
affidavit showing compliance with the requirements of this	985
section. Upon presentation of the affidavit, the clerk, without	986
charge, shall issue a salvage certificate of title, free and clear	987
of all liens and encumbrances, to the sheriff or chief of police.	988
If the vehicle is to be disposed of to a motor vehicle salvage	989
dealer or other facility as provided in section 4513.62 of the	990
Revised Code, the sheriff or chief of police shall execute in	991
triplicate an affidavit, as prescribed by the registrar of motor	992
vehicles, describing the motor vehicle and the manner in which it	993
was disposed of, and that all requirements of this section have	994
been complied with. The sheriff or chief of police shall retain	995
the original of the affidavit for the sheriff's or chief's	996
records, and shall furnish two copies to the motor vehicle salvage	997
dealer or other facility. Upon presentation of a copy of the	998
affidavit by the motor vehicle salvage dealer, the clerk of	999
courts, within thirty days of the presentation, shall issue to	1000
such owner a salvage certificate of title, free and clear of all	1001
liens and encumbrances.	1002

(E) Whenever a motor vehicle salvage dealer or other facility	1003
receives an affidavit for the disposal of a motor vehicle as	1004
provided in this section, the dealer or facility shall not be	1005
required to obtain an Ohio certificate of title to the motor	1006
vehicle in the dealer's or facility's own name if the vehicle is	1007
dismantled or destroyed and both copies of the affidavit are	1008
delivered to the clerk of courts.	1009

(F) No towing service or storage facility shall fail to	1010
comply with this section.	1011

Sec. 4513.611.  A vehicle owner may bring a civil action	1012
against a towing service or storage facility that violates section	1013
4513.60 or 4513.601 of the Revised Code. If a court determines	1014
that the towing service or storage facility committed the	1015
violation, the court shall award the vehicle owner the following:	1016

(A) If it is a first violation, one thousand dollars;

1017

(B) If it is a second violation, two thousand five hundred	1018
dollars;	1019

(C) If it is a third or subsequent violation, two thousand	1020
five hundred dollars. In addition, the court shall order the	1021
public utilities commission to revoke the towing service's or	1022
storage facility's certificate of public convenience and	1023
necessity. The commission shall comply with the order.	1024

Sec. 4513.66.  (A) If a motor vehicle accident occurs on any	1025
highway, public street, or other property open to the public for	1026
purposes of vehicular travel and if any motor vehicle, cargo, or	1027
personal property that has been damaged or spilled as a result of	1028
the motor vehicle accident is blocking the highway, street, or	1029
other property or is otherwise endangering public safety, the	1030
sheriff of the county, or the chief of police of the municipal	1031
corporation, township, or township or joint police district, in	1032
which the accident occurred, a state highway patrol trooper, the	1033
chief of the fire department having jurisdiction where the	1034
accident occurred, or a duly authorized subordinate acting on	1035
behalf of an official specified above,a public safety official	1036
may do either of the following without the consent of the owner	1037
but with the approval of the law enforcement agency conducting any	1038
investigation of the accident, may remove:	1039

(1) Remove, or order the removal of, the motor vehicle if the	1040
motor vehicle is unoccupied, cargo, or personal property from the	1041
portion of the highway, public street, or property ordinarily used	1042
for vehicular travel on the highway, public street, or other	1043
property open to the public for purposes of vehicular travel.	1044

(2) If the motor vehicle is a commercial motor vehicle, allow	1045
the owner or operator of the vehicle the opportunity to arrange	1046
for the removal of the motor vehicle within a period of time	1047
specified by the public safety official. If the public safety	1048
official determines that the motor vehicle cannot be removed	1049
within the specified period of time, the public safety official	1050
shall remove or order the removal of the motor vehicle.	1051

(B)(1) Except as provided in division (B)(2) or (3) of this	1052
section, no employee of the department of transportation, sheriff,	1053
deputy sheriff, chief of police or police officer of a municipal	1054
corporation, township, or township or joint police district, state	1055
highway patrol trooper, chief of a fire department, fire fighter,	1056
or a duly authorized subordinate acting on behalf of such anany	1057
employee of the department of transportation, or a public safety	1058
official who authorizes or participates in the removal of any	1059
unoccupied motor vehicle, cargo, or personal property as	1060
authorized by division (A) of this section, regardless of whether	1061
the removal is executed by a private towing service, is not liable	1062
infor civil damages for any injury, death, or loss to person or	1063
property that results from the removal of that unoccupied motor	1064
vehicle, cargo, or personal property. ExceptFurther, except as	1065
provided in division (B)(2) or (3) of this section, if the	1066
department of transportation or a sheriff, chief of police of a	1067
municipal corporation, township, or township or joint police	1068
district, head of the state highway patrol, chief of a fire	1069
department, or a duly authorized subordinate acting on behalf of	1070
such ana public safety official authorizes, employs, or arranges	1071
to have a private tow truck operator or towing companyservice	1072
remove any unoccupied motor vehicle, cargo, or personal property	1073
as authorized by division (A) of this section, that private tow	1074
truck operator or towing companyservice is not liable infor	1075
civil damages for any injury, death, or loss to person or property	1076
that results from the removal of that unoccupied motor vehicle,	1077
cargo, or personal property. Further, the department of	1078
transportation, sheriff, chief of police, head of the state	1079
highway patrol, fire department chief, or a duly authorized	1080
subordinate acting on behalf of such an official is not liable in	1081
civil damages for any injury, death, or loss to person or property	1082
that results from the private tow truck operator or towing	1083
company's removal of that unoccupied motor vehicle, cargo, or	1084
personal property.	1085

(2) Division (B)(1) of this section does not apply to any of	1086
the following:	1087

(a) Any person or entity involved in the removal of an	1088
unoccupied motor vehicle, cargo, or personal property pursuant to	1089
division (A) of this section if that removal causes or contributes	1090
to the release of a hazardous material or to structural damage to	1091
the roadway.	1092

(3) Division (B)(1) of this section does not apply to a	1093
private tow truck operator or;	1094

(b) A private towing companyservice that was not authorized,	1095
employed, or arranged by the department of transportation, a	1096
sheriff, a chief of police of a municipal corporation, township,	1097
or township or joint police district, the head of the state	1098
highway patrol, a chief of a fire department, or a duly authorized	1099
subordinate acting on behalf of such ana public safety official	1100
or to a private tow truck operator orto remove an unoccupied	1101
motor vehicle, cargo, or personal property under this section;	1102

(c) Except as provided in division (B)(2)(d) of this section,	1103
a private towing companyservice that was authorized, employed, or	1104
arranged by the department of transportation, a sheriff, a chief	1105
of police of a municipal corporation, township, or township or	1106
joint police district, the head of the state highway patrol, or a	1107
chief of a fire department, or a duly authorized subordinate	1108
acting on behalf of such ana public safety official to perform	1109
the removal of the unoccupied motor vehicle, cargo, or personal	1110
property andbut the private tow truck operator or towing company	1111
service performed the removal in a reckless or willfulnegligent	1112
manner;	1113

(d) A private towing service that was authorized, employed,	1114
or arranged by a public safety official to perform the removal of	1115
the unoccupied motor vehicle, cargo, or personal property that was	1116
endangering public safety but the private towing service performed	1117
the removal in a reckless manner.	1118

(C) As used in this section, "hazardous:

1119

(1) "Public safety official" means any of the following:

1120

(a) The sheriff of the county, or the chief of police in the	1121
municipal corporation, township, or township or joint police	1122
district, in which the accident occurred;	1123

(b) A state highway patrol trooper;

1124

(c) The chief of the fire department having jurisdiction	1125
where the accident occurred;	1126

(d) A duly authorized subordinate acting on behalf of an	1127
official specified in divisions (C)(1)(a) to (c) of this section.	1128

(2) "Hazardous material" has the same meaning as in section	1129
2305.232 of the Revised Code.	1130

Sec. 4513.67.  (A) As used in this section, "towing service"	1131
means any for-hire motor carrier that is engaged on an intrastate	1132
basis anywhere in this state in the business of towing a motor	1133
vehicle over any public highway in this state.	1134

(B) No person shall operate a towing vehicle for a towing	1135
service and no person who owns a towing vehicle used by a towing	1136
service or has supervisory responsibility over a towing vehicle	1137
used by a towing service, shall permit the operation of a towing	1138
vehicle used by a towing service, unless both of the following	1139
apply:	1140

(1) The towing service holds a valid certificate of public	1141
convenience and necessity as required by Chapter 4921. of the	1142
Revised Code; and	1143

(2) The certificate number and business telephone number is	1144
visibly displayed on both the left and right front doors of the	1145
towing vehicle.	1146

(C) No towing service shall do either of the following:

1147

(1) Fail to make its current certificate of public	1148
convenience and necessity available for public inspection during	1149
normal business hours;	1150

(2) Fail to include its certificate number on all	1151
advertising, written estimates, contracts, and invoices.	1152

Sec. 4513.68.  (A) Except as provided in division (B) of this	1153
section, prior to removing a motor vehicle from an accident scene	1154
on any street or highway or any other property open to the public	1155
for purposes of vehicular travel or parking, a towing service	1156
shall provide an estimate of the price for the removal to the	1157
person who was operating the motor vehicle at the time of the	1158
accident unless that person is incapacitated, seriously injured,	1159
or otherwise unavailable to accept the estimate. The towing	1160
service shall not submit such an estimate to the repair facility	1161
or storage facility to which the motor vehicle is transported	1162
unless the person who was operating the motor vehicle at the time	1163
of the accident meets one of the conditions specified above.	1164

(B) The towing service shall ensure that any estimate	1165
provided under division (A) of this section includes the fees,	1166
services to be rendered, and destination of the vehicle.	1167

(C) Division (A) of this section does not apply if all of the	1168
following are applicable:	1169

(1) The towing service removes a motor vehicle from an	1170
accident scene.	1171

(2) The removal is conducted pursuant to a contract between	1172
the towing service and the issuer of a policy of motor vehicle	1173
insurance covering the motor vehicle.	1174

(3) The contract requires the towing service to be paid	1175
directly by issuer of the policy.	1176

(D) If a towing service fails to provide an estimate at an	1177
accident scene as required by this section, the towing service	1178
shall not charge fees for the towing and storage of the motor	1179
vehicle removed from the accident scene that exceed twenty-five	1180
per cent of the fees authorized under division (G)(1)(b) of	1181
section 4513.601 of the Revised Code for a motor vehicle removed	1182
from a private tow-away zone.	1183

(E) Any storage facility that accepts vehicles towed from	1184
accident scenes shall conspicuously post a notice at the entrance	1185
to the storage facility that states the limitation on fees	1186
established under division (D) of this section.	1187

Sec. 4513.69. (A) The owner of a storage facility shall	1188
ensure that the facility remains open during both of the following	1189
periods of time to allow a vehicle owner or lienholder to retrieve	1190
a vehicle in the possession of the storage facility:	1191

(1) Any time during which a towing service is towing a	1192
vehicle pursuant to section 4513.60, 4513.601, or 4513.61 of the	1193
Revised Code and the vehicle will be held by the storage facility;	1194

(2) Between nine o'clock in the morning and noon on the day	1195
after any day during which the storage facility accepted for	1196
storage a vehicle towed under section 4513.60, 4513.601, or	1197
4513.61 of the Revised Code.	1198

(B)(1) The owner of a storage facility that accepts for	1199
storage vehicles towed under section 4513.60, 4513.601, or 4513.61	1200
of the Revised Code shall ensure that a notice is conspicuously	1201
posted at the entrance to the storage facility that states the	1202
telephone number at which the owner or lienholder of a vehicle may	1203
contact the owner or a representative of the storage facility for	1204
the purpose of retrieving a vehicle when the storage facility is	1205
closed. The owner of the storage facility also shall provide that	1206
telephone number to the sheriff of a county or chief of police of	1207
a municipal corporation, township, or township or joint police	1208
district. The owner of the storage facility shall ensure that a	1209
process is in place for purposes of answering calls at all times	1210
day or night.	1211

(2) After receiving a call from the owner or lienholder of a	1212
vehicle who seeks to recover the vehicle, the owner of the storage	1213
facility shall ensure that, within three hours of receiving the	1214
phone call, a representative of the storage facility is available	1215
to release the vehicle upon being presented with proof of	1216
ownership of the vehicle, which may be evidenced by a certificate	1217
of title to the vehicle, and payment of an after-hours vehicle	1218
retrieval fee established under section 4921.251 of the Revised	1219
Code and all other applicable fees.	1220

(C) No owner of a storage facility shall fail to comply with	1221
division (A) or (B) of this section.	1222

Sec. 4921.251.  The public utilities commission shall adopt	1223
rules establishing an after-hours vehicle retrieval fee for	1224
purposes of section 4513.69 of the Revised Code.	1225

Section 2. That existing sections 4505.02, 4505.101, 4505.11,	1226
4505.17, 4513.60, 4513.61, and 4513.66 of the Revised Code are	1227
hereby repealed.	1228

Section 3.  (A) The owner of a towing service or storage	1229
facility may obtain title to a vehicle that came into the	1230
possession of the towing service or storage facility between	1231
January 31, 2012 and the effective date of this act if all of the	1232
following apply:	1233

(1) The vehicle was towed under division (B) of section	1234
4513.60 of the Revised Code as that section existed prior to the	1235
effective date of this act.	1236

(2) The vehicle has a value of less than three thousand five	1237
hundred dollars. As used in division (A)(2) of this section,	1238
"value" has the same meaning as in division (E)(3) of section	1239
4505.101 of the Revised Code.	1240

(3) The towing service or storage facility sends an initial	1241
notice to the vehicle owner and any lienholder in accordance with	1242
division (F)(1)(a) of section 4513.601 of the Revised Code not	1243
later than thirty days after the effective date of this act and	1244
complies with the requirements of divisions (F)(1)(b) and (c) of	1245
that section. Each notice also shall include the value of the	1246
vehicle as provided in division (A)(2) of this section and a	1247
statement that, if the owner or lienholder fails to claim the	1248
vehicle, the towing service or storage facility may obtain title	1249
to the vehicle.	1250

(4) The towing service or storage facility complies with all	1251
other applicable requirements of section 4505.101 of the Revised	1252
Code.	1253

(B) The owner of a repair garage or place of storage may	1254
obtain title to a motor vehicle with a value of at least two	1255
thousand five hundred dollars, as determined under division (E)(3)	1256
of section 4505.101 of the Revised Code, but less than three	1257
thousand five hundred dollars that came into the possession of the	1258
repair garage or place of storage between January 31, 2012 and the	1259
effective date of this act if all of the following apply:	1260

(1) The motor vehicle has been left unclaimed for fifteen	1261
days or more following completion of the requested repair or the	1262
agreed term of storage.	1263

(2) The repair garage or place of storage sends the notice to	1264
the vehicle owner and any lienholder in accordance with division	1265
(A)(1) of section 4505.101 of the Revised Code not later than	1266
thirty days after the effective date of this act. The notice also	1267
shall include the value of the vehicle, as determined in	1268
accordance with division (E)(3) of section 4505.101 of the Revised	1269
Code, and a statement that if the owner or lienholder fails to	1270
claim the vehicle the repair garage or place of storage may obtain	1271
title to the vehicle.	1272

(3) The repair garage or place of storage otherwise complies	1273
with division (A) of section 4505.101 of the Revised Code.	1274

(C) The owner of a repair garage or place of storage may	1275
obtain title to a motor vehicle, with a value of less than two	1276
thousand five hundred dollars, that came into the possession of	1277
the repair garage or place of storage prior to the effective date	1278
of this act in the manner provided in section 4505.101 of the	1279
Revised Code prior to the amendments made to that section by this	1280
act.	1281