As Reported by the House Commerce, Labor, and Technology Committee

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 

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A BILL

To amend sections 1345.22, 4505.02, 4505.101,

1

4505.11, 4505.17, 4513.60, 4513.61, 4513.66, and

2

4921.25 and to enact sections 4505.191, 4513.601,

3

4513.611, 4513.67, 4513.68, and 4513.69 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, to alter the law governing the evidence

16

required for the issuance of a salvage certificate

17

of title, to specify exemptions from the buyer's

18

cooling-off period for a seller of home security

19

systems to commence services, and to expand the

20

manners of providing cancellation notices in home

21

solicitation sales.

22

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

Section 1. That sections 1345.22, 4505.02, 4505.101, 4505.11,	23
4505.17, 4513.60, 4513.61, 4513.66, and 4921.25 be amended and	24
sections 4505.191, 4513.601, 4513.611, 4513.67, 4513.68, and	25
4513.69 of the Revised Code be enacted to read as follows:	26

Sec. 1345.22. (A) In addition to any right otherwise to	27
revoke an offer, the buyer has the right to cancel a home	28
solicitation sale until midnight of the third business day after	29
the day on which the buyer signs an agreement or offer to	30
purchase. Cancellation is evidenced by the buyer giving written	31
notice of cancellation to the seller at the seller's address,	32
electronic mail address, or facsimile number stated in the	33
agreement or offer to purchase. The buyer mayshall deliver the	34
notice by certified mail delivery, return receipt requested,	35
telegram, manual delivery, or other personal delivery, facsimile	36
transmission, or electronic mail. Written noticeNotice of	37
cancellation by certified mail shall be effective upon the date of	38
post marking. Telegram delivery is effective when the telegram is	39
ordered. Manual delivery or other personal delivery is effective	40
when delivered to the seller or to the seller's address, whichever	41
comes first. Facsimile delivery is effective when the facsimile	42
transmission has been transmitted to the seller's facsimile number	43
and the consumer has received confirmation of the facsimile	44
transmission. Electronic mail delivery is effective when the	45
electronic mail has been sent to the seller's electronic mail	46
address. Notice of cancellation need not take a particular form	47
and is sufficient if it indicates, by any form of written	48
expression, the intention of the buyer not to be bound by the home	49
solicitation sale. Notice of buyer's right to cancel must appear	50
on all notes or other evidence of indebtedness given pursuant to	51
any home solicitation sale.	52

Where(B) Except as provided in division (C) of this section,	53
where a home solicitation sale requires a seller to provide	54
services, hethe seller shall not commence performance of such	55
services during the time in which the buyer may cancel.	56

(C)(1) Where a home solicitation sale involving the sale and	57
installation of home security and automation systems and related	58
security and monitoring services requires the seller to provide	59
services, the seller shall not commence performance of such	60
services during the time in which the buyer may cancel the sale	61
unless the seller does all of the following:	62

(a) In addition to the notices required by section 1345.23 of	63
the Revised Code, the seller informs the buyer in writing that the	64
buyer's right to cancel under this section is not affected by	65
commencing services and the buyer acknowledges in writing the	66
buyer's understanding of this right.	67

(b) The seller does not make a substantial change in the	68
condition of the property in question.	69

(c) The seller does not receive any compensation for the	70
services performed if the buyer timely cancels the agreement or	71
offer under this section.	72

(2) With respect to a home solicitation sale involving the	73
sale and installation of home security and automation systems and	74
related security and monitoring services, if the seller commences	75
services during the time in which the buyer may cancel, in	76
accordance with division (C)(1) of this section, and those	77
services result in the alteration of the buyer's property, and the	78
buyer exercises the buyer's right to cancel, the seller shall	79
restore the property within fourteen calendar days from	80
cancellation to substantially the same condition as it was at the	81
time the services were rendered.	82

(D) As used in this section, "substantial change" means any	83
change that requires repair of a significant nature, necessitating	84
significant expense, time, or inconvenience to repair for the	85
buyer. Substantial change also includes a change that is incapable	86
of being returned to its original condition.	87

Sec. 4505.02.  The registrar of motor vehicles shall issue	88
rules as the registrar determines necessary to ensure uniform and	89
orderly operation of this chapter and to ensure that the	90
identification of each applicant for a certificate of title is	91
reasonably accurate. The clerks of the courts of common pleas	92
shall conform thereto. The clerks shall provide the forms as	93
prescribed by the registrar, except the manufacturers' or	94
importers' certificates. The clerks shall provide, from moneys in	95
the automated title processing fund, certificates of title and	96
ribbons, cartridges, or other devices necessary for the operation	97
of the certificate of title processing equipment as determined by	98
the automated title processing board pursuant to division (C) of	99
section 4505.09 of the Revised Code. All other automated title	100
processing system supplies shall be provided by the clerks.	101

If it appears that any certificate of title has been	102
improperly issued, the registrar shall cancel the certificate	103
unless the title is deemed valid pursuant to section 4505.191 of	104
the Revised Code. Upon the cancellation of any certificate of	105
title, the registrar shall notify the clerk who issued it, and the	106
clerk thereupon shall enter the cancellation upon the clerk's	107
records. The registrar also shall notify the person to whom such	108
certificate of title was issued, as well as any lienholders	109
appearing thereon, of the cancellation and shall demand the	110
surrender of the certificate of title immediately, but the	111
cancellation shall not affect the validity of any lien noted	112
thereon. The holder of such certificate of title immediately shall	113
return it to the registrar. If a certificate of registration has	114
been issued to the holder of a certificate of title so canceled	115
the registrar immediately shall cancel it and demand the return of	116
such certificate of registration and license plates, and the	117
holder of such certificate of registration and license plates	118
shall return the same to the registrar forthwith. The clerks shall	119
keep on hand a sufficient supply of blank forms, which, except for	120
certificate of title and memorandum certificate forms, shall be	121
furnished and distributed without charge to registered	122
manufacturers or dealers, or other persons residing within the	123
county.	124

Sec. 4505.101.  (A)(1) The owner of any repair garage or	125
place of storage in which a motor vehicle with a value of less	126
than twothree thousand five hundred dollars has been left	127
unclaimed for fifteen days or more following completion of the	128
requested repair or the agreed term of storage mayshall send by	129
certified mail, return receipt requested, to the last known	130
address of theany owner and any lienholder of the motor vehicle a	131
notice to remove the motor vehicle. IfIn order to identify any	132
owner or lienholder, prior to sending a notice, the repair garage	133
or place of storage shall cause a search to be made of the records	134
of the bureau of motor vehicles. Any notice to a lienholder shall	135
state where the motor vehicle is located and the value of the	136
vehicle.	137

If the motor vehicle remains unclaimed by theany owner or	138
lienholder for fifteen days after the mailing of the noticeall	139
required notices, and for each notice the person on whose property	140
the vehicle has been abandoned either has received the signed	141
receipt from the certified mail or has been notified that the	142
delivery was not possible, the person shallmay obtain a	143
certificate of title to the motor vehicle in the person's name in	144
the manner provided in this section. Unless the lienholder claims	145
the motor vehicle within fifteen days from the mailing of the	146
notice, the lienholder's lien is invalid.	147

(2) The owner of the repair garage or place of storage that	148
mailed the notice shall execute an affidavit, in a form	149
established by the registrar of motor vehicles by rule, affirming	150
that all of the requirements of this section necessary to	151
authorize the issuance of a certificate of title for the motor	152
vehicle have been met. The affidavit shall set forth an itemized	153
statement of the value of the motor vehicle when unclaimed as	154
determined in accordance with standards fixed by the registrar of	155
motor vehicles; the length of time that the motor vehicle has	156
remained unclaimed; the expenses incurred with the motor vehicle;	157
that a notice to remove the vehicle has been mailed to theany	158
titled owner, if known,or lienholder by certified mail, return	159
receipt requested; and that a search of the records of the bureau	160
of motor vehicles has been made for outstanding liens on the motor	161
vehiclein accordance with division (A)(1) of this section.	162

No affidavit shall be executed or filed under this section	163
until after a search of the records of the bureau of motor	164
vehicles has been made. If the research reveals any outstanding	165
lien on the motor vehicle, the owner of the repair garage or place	166
of storage of the motor vehicle shall notify the mortgagee or	167
lienholder by certified mail, return receipt requested, stating	168
where the motor vehicle is located and the value of the vehicle.	169
Unless the mortgagee or lienholder claims the motor vehicle within	170
fifteen days from the mailing of the notice, the mortgagee's	171
mortgage or the lienholder's lien shall be invalid.	172

Upon presentation by the owner of the repair garage or place	173
of storage of the affidavit, showing compliance with all	174
requirements of this section to the clerk of courts of the county	175
in which the repair garage or place of storage is located, the(B)	176
The owner of a towing service or storage facility that is in	177
possession of a vehicle may obtain a certificate of title to the	178
vehicle as provided in division (C) of this section if all of the	179
following apply:	180

(1) The vehicle was towed under division (B) of section	181
4513.601 of the Revised Code.	182

(2) The vehicle has a value of less than three thousand five	183
hundred dollars.	184

(3) The vehicle has been left unclaimed for sixty days after	185
the date the earliest notice required by division (F)(1) of	186
section 4513.601 of the Revised Code is received, as evidenced by	187
a receipt signed by any person, or the towing service or storage	188
facility has been notified that the delivery was not possible.	189

(4) The owner of the towing service or storage facility	190
executes an affidavit, in a form established by the registrar of	191
motor vehicles by rule, affirming that all of the requirements of	192
this section necessary to authorize the issuance of a certificate	193
of title for the motor vehicle have been met. The affidavit shall	194
set forth an itemized statement of the value of the motor	195
vehicle; that notices to remove the vehicle have been mailed to	196
the owner and any lienholder as required under division (F) of	197
section 4513.601 of the Revised Code; the length of time that the	198
motor vehicle has remained unclaimed after the date the earliest	199
notice required under division (F) of section 4513.601 of the	200
Revised Code was received or the towing service or storage	201
facility was notified that delivery was not possible; and that a	202
search of the records of the bureau of motor vehicles has been	203
made for outstanding liens on the motor vehicle.	204

(C) The clerk of courts shall issue a certificate of title,	205
free and clear of all liens and encumbrances, to the owner of the	206
place of storageas follows:	207

(1) To a repair garage or place of storage that presents an	208
affidavit that complies with all of the requirements of division	209
(A) of this section;	210

(2) To a towing service or storage facility that presents an	211
affidavit in compliance with division (B) of this section.	212

TheUpon receipt of the certificate of title, a repair garage	213
or place of storage, or a towing service or storage facility,	214
shall pay to the clerk of courts the value of the motor vehicle,	215
as determined in accordance with standards fixed by the registrar	216
of motor vehicles, less expenses incurred by the owner of such	217
repair garage or place of storage, shall be paid to the clerk of	218
courts for deposit into the county general fund upon receipt of	219
the certificate of title.	220

(B)(D) Whoever violates this section shall be fined not more	221
than two hundred dollars, imprisoned not more than ninety days, or	222
both.	223

(E) As used in this section:

224

(1) "Repair garage or place of storage" means any business	225
with which a person entered into an agreement for the repair of a	226
motor vehicle or any business with which a person entered into an	227
agreement for the storage of a motor vehicle.	228

(2) "Towing service or storage facility" means any for-hire	229
motor carrier that removes a motor vehicle under the authority of	230
section 4513.601 of the Revised Code and any place to which such a	231
for-hire motor carrier delivers a motor vehicle towed under that	232
section.	233

(3) "Value" means the wholesale value for that make and model	234
of motor vehicle at the time an affidavit is submitted under	235
division (C) of this section, as provided in a vehicle valuation	236
guide that is generally available and recognized by the motor	237
vehicle industry, minus both of the following:	238

(a) The estimated cost of repairs to restore the motor	239
vehicle to the wholesale value for that make and model of motor	240
vehicle;	241

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

242

Sec. 4505.11. This section shall also apply to all-purpose	243
vehicles and off-highway motorcycles as defined in section 4519.01	244
of the Revised Code.	245

(A) Each owner of a motor vehicle and each person mentioned	246
as owner in the last certificate of title, when the motor vehicle	247
is dismantled, destroyed, or changed in such manner that it loses	248
its character as a motor vehicle, or changed in such manner that	249
it is not the motor vehicle described in the certificate of title,	250
shall surrender the certificate of title to that motor vehicle to	251
a clerk of a court of common pleas, and the clerk, with the	252
consent of any holders of any liens noted on the certificate of	253
title, then shall enter a cancellation upon the clerk's records	254
and shall notify the registrar of motor vehicles of the	255
cancellation.	256

Upon the cancellation of a certificate of title in the manner	257
prescribed by this section, any clerk and the registrar of motor	258
vehicles may cancel and destroy all certificates and all	259
memorandum certificates in that chain of title.	260

(B)(1) If an Ohio certificate of title or salvage certificate	261
of title to a motor vehicle is assigned to a salvage dealer, the	262
dealer is not required to obtain an Ohio certificate of title or a	263
salvage certificate of title to the motor vehicle in the dealer's	264
own name if the dealer dismantles or destroys the motor vehicle,	265
indicates the number of the dealer's motor vehicle salvage	266
dealer's license on it, marks "FOR DESTRUCTION" across the face of	267
the certificate of title or salvage certificate of title, and	268
surrenders the certificate of title or salvage certificate of	269
title to a clerk of a court of common pleas as provided in	270
division (A) of this section. If the salvage dealer retains the	271
motor vehicle for resale, the dealer shall make application for a	272
salvage certificate of title to the motor vehicle in the dealer's	273
own name as provided in division (C)(1) of this section.	274

(2) At the time any salvage motor vehicle is sold at auction	275
or through a pool, the salvage motor vehicle auction or salvage	276
motor vehicle pool shall give a copy of the salvage certificate of	277
title or a copy of the certificate of title marked "FOR	278
DESTRUCTION" to the purchaser.	279

(C)(1) When an insurance company declares it economically	280
impractical to repair such a motor vehicle and has paid an agreed	281
price for the purchase of the motor vehicle to any insured or	282
claimant owner, the insurance company shall proceed as follows:	283

(a) If an insurance company receives the certificate of title	284
and the motor vehicle, within thirty business days, the insurance	285
company shall deliver the certificate of title to a clerk of a	286
court of common pleas and shall make application for a salvage	287
certificate of title.	288

(b) If an insurance company obtains possession of the motor	289
vehicle but is unable to obtain the properly endorsed certificate	290
of title for the motor vehicle within thirty business days	291
following the vehicle's owner or lienholder's acceptance of the	292
insurance company's payment for the vehicle, the insurance company	293
may apply to the clerk of a court of common pleas for a salvage	294
certificate of title without delivering the certificate of title	295
for the motor vehicle. The application shall be accompanied by	296
evidence that the insurance company has paid a total loss claim on	297
the vehicle, a copy of the written request for the certificate of	298
title onfrom the insurance company's letterhead, and the original	299
certified mail, return receipt notice, addressedcompany or its	300
designee, and proof that the request was delivered by a nationally	301
recognized courier service to the last known address of the owner	302
of the vehicle and any known lienholder, to obtain the certificate	303
of title.	304

(c) Upon receipt of a properly completed application for a	305
salvage certificate of title as described in division (C)(1)(a) or	306
(b) or (C)(2) of this section, the clerk shall issue the salvage	307
certificate of title on a form, prescribed by the registrar, that	308
shall be easily distinguishable from the original certificate of	309
title and shall bear the same information as the original	310
certificate of title except that it may bear a different number	311
than that of the original certificate of title. Except as provided	312
in division (C)(3) of this section, the salvage certificate of	313
title shall be assigned by the insurance company to a salvage	314
dealer or any other person for use as evidence of ownership upon	315
the sale or other disposition of the motor vehicle, and the	316
salvage certificate of title shall be transferrable to any other	317
person. The clerk shall charge a fee of four dollars for the cost	318
of processing each salvage certificate of title.	319

(2) If an insurance company requests that a salvage motor	320
vehicle auction take possession of a motor vehicle that is the	321
subject of an insurance claim, and subsequently the insurance	322
company denies coverage with respect to the motor vehicle or does	323
not otherwise take ownership of the motor vehicle, the salvage	324
motor vehicle auction may proceed as follows. After the salvage	325
motor vehicle auction has possession of the motor vehicle for	326
forty-five days, it may apply to the clerk of a court of common	327
pleas for a salvage certificate of title without delivering the	328
certificate of title for the motor vehicle. The application shall	329
be accompanied by a copy of the written request that the vehicle	330
be removed from the facility on the salvage motor vehicle	331
auction's letterhead, and the original certified mail, return	332
receipt notice, addressed to the last known owner of the vehicle	333
and any known lienholder, requesting that the vehicle be removed	334
from the facility of the salvage motor vehicle auction. Upon	335
receipt of a properly completed application, the clerk shall	336
follow the process as described in division (C)(1)(c) of this	337
section. The salvage certificate of title so issued shall be free	338
and clear of all liens.	339

(3) If an insurance company considers a motor vehicle as	340
described in division (C)(1)(a) or (b) of this section to be	341
impossible to restore for highway operation, the insurance company	342
may assign the certificate of title to the motor vehicle to a	343
salvage dealer or scrap metal processing facility and send the	344
assigned certificate of title to the clerk of the court of common	345
pleas of any county. The insurance company shall mark the face of	346
the certificate of title "FOR DESTRUCTION" and shall deliver a	347
photocopy of the certificate of title to the salvage dealer or	348
scrap metal processing facility for its records.	349

(4) If an insurance company declares it economically	350
impractical to repair a motor vehicle, agrees to pay to the	351
insured or claimant owner an amount in settlement of a claim	352
against a policy of motor vehicle insurance covering the motor	353
vehicle, and agrees to permit the insured or claimant owner to	354
retain possession of the motor vehicle, the insurance company	355
shall not pay the insured or claimant owner any amount in	356
settlement of the insurance claim until the owner obtains a	357
salvage certificate of title to the vehicle and furnishes a copy	358
of the salvage certificate of title to the insurance company.	359

(D) When a self-insured organization, rental or leasing	360
company, or secured creditor becomes the owner of a motor vehicle	361
that is burned, damaged, or dismantled and is determined to be	362
economically impractical to repair, the self-insured organization,	363
rental or leasing company, or secured creditor shall do one of the	364
following:	365

(1) Mark the face of the certificate of title to the motor	366
vehicle "FOR DESTRUCTION" and surrender the certificate of title	367
to a clerk of a court of common pleas for cancellation as	368
described in division (A) of this section. The self-insured	369
organization, rental or leasing company, or secured creditor then	370
shall deliver the motor vehicle, together with a photocopy of the	371
certificate of title, to a salvage dealer or scrap metal	372
processing facility and shall cause the motor vehicle to be	373
dismantled, flattened, crushed, or destroyed.	374

(2) Obtain a salvage certificate of title to the motor	375
vehicle in the name of the self-insured organization, rental or	376
leasing company, or secured creditor, as provided in division	377
(C)(1) of this section, and then sell or otherwise dispose of the	378
motor vehicle. If the motor vehicle is sold, the self-insured	379
organization, rental or leasing company, or secured creditor shall	380
obtain a salvage certificate of title to the motor vehicle in the	381
name of the purchaser from a clerk of a court of common pleas.	382

(E) If a motor vehicle titled with a salvage certificate of	383
title is restored for operation upon the highways, application	384
shall be made to a clerk of a court of common pleas for a	385
certificate of title. Upon inspection by the state highway patrol,	386
which shall include establishing proof of ownership and an	387
inspection of the motor number and vehicle identification number	388
of the motor vehicle and of documentation or receipts for the	389
materials used in restoration by the owner of the motor vehicle	390
being inspected, which documentation or receipts shall be	391
presented at the time of inspection, the clerk, upon surrender of	392
the salvage certificate of title, shall issue a certificate of	393
title for a fee prescribed by the registrar. The certificate of	394
title shall be in the same form as the original certificate of	395
title and shall bear the words "REBUILT SALVAGE" in black boldface	396
letters on its face. Every subsequent certificate of title,	397
memorandum certificate of title, or duplicate certificate of title	398
issued for the motor vehicle also shall bear the words "REBUILT	399
SALVAGE" in black boldface letters on its face. The exact location	400
on the face of the certificate of title of the words "REBUILT	401
SALVAGE" shall be determined by the registrar, who shall develop	402
an automated procedure within the automated title processing	403
system to comply with this division. The clerk shall use	404
reasonable care in performing the duties imposed on the clerk by	405
this division in issuing a certificate of title pursuant to this	406
division, but the clerk is not liable for any of the clerk's	407
errors or omissions or those of the clerk's deputies, or the	408
automated title processing system in the performance of those	409
duties. A fee of fifty dollars shall be assessed by the state	410
highway patrol for each inspection made pursuant to this division	411
and shall be deposited into the state highway safety fund	412
established by section 4501.06 of the Revised Code.	413

(F) No person shall operate upon the highways in this state a	414
motor vehicle, title to which is evidenced by a salvage	415
certificate of title, except to deliver the motor vehicle pursuant	416
to an appointment for an inspection under this section.	417

(G) No motor vehicle the certificate of title to which has	418
been marked "FOR DESTRUCTION" and surrendered to a clerk of a	419
court of common pleas shall be used for anything except parts and	420
scrap metal.	421

(H)(1) Except as otherwise provided in this division, an	422
owner of a manufactured or mobile home that will be taxed as real	423
property pursuant to division (B) of section 4503.06 of the	424
Revised Code shall surrender the certificate of title to the	425
auditor of the county containing the taxing district in which the	426
home is located. An owner whose home qualifies for real property	427
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of	428
the Revised Code shall surrender the certificate within fifteen	429
days after the home meets the conditions specified in those	430
divisions. The auditor shall deliver the certificate of title to	431
the clerk of the court of common pleas who issued it.	432

(2) If the certificate of title for a manufactured or mobile	433
home that is to be taxed as real property is held by a lienholder,	434
the lienholder shall surrender the certificate of title to the	435
auditor of the county containing the taxing district in which the	436
home is located, and the auditor shall deliver the certificate of	437
title to the clerk of the court of common pleas who issued it. The	438
lienholder shall surrender the certificate within thirty days	439
after both of the following have occurred:	440

(a) The homeowner has provided written notice to the	441
lienholder requesting that the certificate of title be surrendered	442
to the auditor of the county containing the taxing district in	443
which the home is located.	444

(b) The homeowner has either paid the lienholder the	445
remaining balance owed to the lienholder, or, with the	446
lienholder's consent, executed and delivered to the lienholder a	447
mortgage on the home and land on which the home is sited in the	448
amount of the remaining balance owed to the lienholder.	449

(3) Upon the delivery of a certificate of title by the county	450
auditor to the clerk, the clerk shall inactivate it and maintain	451
it in the automated title processing system for a period of thirty	452
years.	453

(4) Upon application by the owner of a manufactured or mobile	454
home that is taxed as real property pursuant to division (B) of	455
section 4503.06 of the Revised Code and that no longer satisfies	456
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that	457
section, the clerk shall reactivate the record of the certificate	458
of title that was inactivated under division (H)(3) of this	459
section and shall issue a new certificate of title, but only if	460
the application contains or has attached to it all of the	461
following:	462

(a) An endorsement of the county treasurer that all real	463
property taxes charged against the home under Title LVII of the	464
Revised Code and division (B) of section 4503.06 of the Revised	465
Code for all preceding tax years have been paid;	466

(b) An endorsement of the county auditor that the home will	467
be removed from the real property tax list;	468

(c) Proof that there are no outstanding mortgages or other	469
liens on the home or, if there are such mortgages or other liens,	470
that the mortgagee or lienholder has consented to the reactivation	471
of the certificate of title.	472

(I)(1) Whoever violates division (F) of this section shall be	473
fined not more than two thousand dollars, imprisoned not more than	474
one year, or both.	475

(2) Whoever violates division (G) of this section shall be	476
fined not more than one thousand dollars, imprisoned not more than	477
six months, or both.	478

Sec. 4505.17.  (A) Every sheriff, chief of police, constable,	479
state highway patrol trooper, employee of the state highway	480
patrol, and designated officer of the department of public safety,	481
having knowledge of a stolen motor vehicle, immediately shall	482
furnish the registrar of motor vehicles with full information	483
concerning such theft.	484

Whenever the registrar receives a report of the theft or	485
conversion of a motor vehicle, whether the same has been	486
registered or not and whether owned in this or any other state,	487
the registrar shall make a distinctive record thereof, including	488
the make of the stolen vehicle and its manufacturer's vehicle	489
identification number. The registrar shall prepare a report	490
listing motor vehicles stolen and recovered as disclosed by the	491
reports submitted to the registrar, to be distributed as the	492
registrar determines advisable.	493

In the event of the receipt from any clerk of the court of	494
common pleas of a copy of a certificate of title to such a motor	495
vehicle, the registrar immediately shall notify the rightful owner	496
thereof and the clerk who issued such certificate of title, and	497
if, upon investigation, it appears that such certificate of title	498
was improperly issued, the registrar immediately shall cancel the	499
certificate unless the title is deemed valid pursuant to section	500
4505.191 of the Revised Code.	501

In the event of the recovery of a stolen or converted motor	502
vehicle, the owner immediately shall notify the registrar, who	503
shall remove the record of the theft or conversion from the	504
registrar's file.	505

(B) Whoever violates this section shall be fined not more	506
than two hundred dollars, imprisoned not more than ninety days, or	507
both.	508

Sec. 4505.191.  (A) A scrap metal dealer, as defined in	509
section 4737.04 of the Revised Code, is deemed to have valid title	510
to a motor vehicle if both of the following apply:	511

(1) The scrap metal dealer purchased the motor vehicle in the	512
ordinary course of business.	513

(2) The scrap metal dealer received an endorsed and notarized	514
certificate of title to the motor vehicle from a seller,	515
regardless of whether the certificate of title was issued pursuant	516
to section 4505.06, 4505.10, 4505.101, 4505.102, 4505.11, or	517
4505.19 of the Revised Code.	518

(B) If a certificate of title to a motor vehicle was	519
improperly issued, unlawfully obtained, or falsified prior to the	520
transfer of the title to a scrap metal dealer who is deemed to	521
have valid title pursuant to division (A) of this section, any	522
other person with a valid certificate of title may seek legal	523
recourse from the person who sold the motor vehicle to the scrap	524
metal dealer. Such a person does not have a claim for relief	525
against, and may not recover damages in a civil action against,	526
the scrap metal dealer.	527

Sec. 4513.60.  (A)(1) The sheriff of a county or chief of	528
police of a municipal corporation, township, or township or joint	529
police district, within the sheriff's or chief's respective	530
territorial jurisdiction, upon complaint of any person adversely	531
affected, may order into storage any motor vehicle, other than an	532
abandoned junk motor vehicle as defined in section 4513.63 of the	533
Revised Code, that has been left on private residential or private	534
agricultural property for at least four hours without the	535
permission of the person having the right to the possession of the	536
property. The sheriff or chief of police, upon complaint of the	537
owner of a repair garage or place of storage, may order into	538
storage any motor vehicle, other than an abandoned junk motor	539
vehicle, that has been left at the garage or place of storage for	540
a longer period than that agreed upon. The place of storage shall	541
be designated by the sheriff or chief of police. When ordering a	542
motor vehicle into storage pursuant to this division, a sheriff or	543
chief of police, whenever possible, shallmay arrange for the	544
removal of the motor vehicle by a private tow truck operator or	545
towing company. Subjectservice and shall designate a storage	546
facility.	547

(2) A towing service towing a motor vehicle under division	548
(A)(1) of this section shall remove the motor vehicle in	549
accordance with that division. The towing service shall deliver	550
the motor vehicle to the location designated by the sheriff or	551
chief of police not more than two hours after the time it is	552
removed from the private property.	553

(3) Subject to division (C)(B) of this section, the owner of	554
a motor vehicle that has been removed pursuant to this division	555
may recover the vehicle only in accordance with division (E)(D) of	556
this section.	557

(2) Divisions (A)(1) to (3) of this section do not apply to	558
any private residential or private agricultural property that is	559
established as a private tow-away zone in accordance with division	560
(B) of this section.	561

(3)(4) As used in divisions (A)(1) and (2) of this section,	562
"private residential property" means private property on which is	563
located one or more structures that are used as a home, residence,	564
or sleeping place by one or more persons, if no more than three	565
separate households are maintained in the structure or structures.	566
"Private residential property" does not include any private	567
property on which is located one or more structures that are used	568
as a home, residence, or sleeping place by two or more persons, if	569
more than three separate households are maintained in the	570
structure or structures.	571

(B)(1) The owner of private property may establish a private	572
tow-away zone only if all of the following conditions are	573
satisfied:	574

(a) The owner posts on the owner's property a sign, that is	575
at least eighteen inches by twenty-four inches in size, that is	576
visible from all entrances to the property, and that contains at	577
least all of the following information:	578

(i) A notice that the property is a private tow-away zone and	579
that vehicles not authorized to park on the property will be towed	580
away;	581

(ii) The telephone number of the person from whom a	582
towed-away vehicle can be recovered, and the address of the place	583
to which the vehicle will be taken and the place from which it may	584
be recovered;	585

(iii) A statement that the vehicle may be recovered at any	586
time during the day or night upon the submission of proof of	587
ownership and the payment of a towing charge, in an amount not to	588
exceed ninety dollars, and a storage charge, in an amount not to	589
exceed twelve dollars per twenty-four-hour period; except that the	590
charge for towing shall not exceed one hundred fifty dollars, and	591
the storage charge shall not exceed twenty dollars per	592
twenty-four-hour period, if the vehicle has a manufacturer's gross	593
vehicle weight rating in excess of ten thousand pounds and is a	594
truck, bus, or a combination of a commercial tractor and trailer	595
or semitrailer.	596

(b) The place to which the towed vehicle is taken and from	597
which it may be recovered is conveniently located, is well	598
lighted, and is on or within a reasonable distance of a regularly	599
scheduled route of one or more modes of public transportation, if	600
any public transportation is available in the municipal	601
corporation or township in which the private tow-away zone is	602
located.	603

(2) If a vehicle is parked on private property that is	604
established as a private tow-away zone in accordance with division	605
(B)(1) of this section, without the consent of the owner of the	606
property or in violation of any posted parking condition or	607
regulation, the owner or the owner's agent may remove, or cause	608
the removal of, the vehicle, the owner and the operator of the	609
vehicle shall be deemed to have consented to the removal and	610
storage of the vehicle and to the payment of the towing and	611
storage charges specified in division (B)(1)(a)(iii) of this	612
section, and the owner, subject to division (C) of this section,	613
may recover a vehicle that has been so removed only in accordance	614
with division (E) of this section.	615

(3) If a municipal corporation requires tow trucks and tow	616
truck operators to be licensed, no owner of private property	617
located within the municipal corporation shall remove, or shall	618
cause the removal and storage of, any vehicle pursuant to division	619
(B)(2) of this section by an unlicensed tow truck or unlicensed	620
tow truck operator.	621

(4) Divisions (B)(1) to (3) of this section do not affect or	622
limit the operation of division (A) of this section or sections	623
4513.61 to 4513.65 of the Revised Code as they relate to property	624
other than private property that is established as a private	625
tow-away zone under division (B)(1) of this section.	626

(C) If the owner or operator of a motor vehicle that has been	627
ordered into storage pursuant to division (A)(1) of this section	628
or of a vehicle that is being removed under authority of division	629
(B)(2) of this section arrives after the motor vehicle or vehicle	630
has been prepared for removal, but prior to its actual removal	631
from the property, the towing service shall give the owner or	632
operator shall be given the opportunity tooral or written	633
notification at the time of such arrival that the vehicle owner or	634
operator may pay a fee of not more than one-half of the chargefee	635
for the removal of the motor vehiclesvehicle under division	636
(A)(D)(1) of this section or of vehicles under division (B)(2) of	637
this section, whichever is applicable, that normally is assessed	638
by the person who has prepared the motor vehicle or vehicle for	639
removal, in order to obtain release of the motor vehicle or	640
vehicle. Upon payment of that fee, the towing service shall give	641
the vehicle owner or operator a receipt showing both the full	642
amount normally assessed and the actual amount received and shall	643
release the motor vehicle or vehicle shall be released to the	644
owner or operator, and upon. Upon its release, the owner or	645
operator immediately shall move it so that:	646

(1) If the motor vehicle was ordered into storage pursuant to	647
division (A)(1) of this section, it is not on the private	648
residential or private agricultural property without the	649
permission of the person having the right to possession of the	650
property, or is not at the garage or place of storage without the	651
permission of the owner, whichever is applicable.	652

(2) If the vehicle was being removed under authority of	653
division (B)(2) of this section, it is not parked on the private	654
property established as a private tow-away zone without the	655
consent of the owner or in violation of any posted parking	656
condition or regulation.	657

(D)(1) If an owner of private property that is established as	658
a private tow-away zone in accordance with division (B)(1) of this	659
section or the authorized agent of such an owner removes or causes	660
the removal of a vehicle from that property under authority of	661
division (B)(2) of this section, the owner or agent promptly shall	662
notify the police department of the municipal corporation,	663
township, or township or joint police district in which the	664
property is located, of the removal, the vehicle's license number,	665
make, model, and color, the location from which it was removed,	666
the date and time of its removal, the telephone number of the	667
person from whom it may be recovered, and the address of the place	668
to which it has been taken and from which it may be recovered.	669

(2)(C)(1) Each county sheriff and each chief of police of a	670
municipal corporation, township, or township or joint police	671
district shall maintain a record of motor vehicles that the	672
sheriff or chief orders into storage pursuant to division (A)(1)	673
of this section and of vehicles removed from private property in	674
the sheriff's or chief's jurisdiction that is established as a	675
private tow-away zone of which the sheriff or chief has received	676
notice under division (D)(1) of this section. The record shall	677
include an entry for each such motor vehicle or vehicle that	678
identifies the motor vehicle's or vehicle's license number, make,	679
model, and color, the location from which it was removed, the date	680
and time of its removal, the telephone number of the person from	681
whom it may be recovered, and the address of the place to which it	682
has been taken and from which it may be recovered. AnyA sheriff	683
or chief of police shall provide any information in the record	684
that pertains to a particular motor vehicle or vehicle shall be	685
provided to any person who, either in person or pursuant to a	686
telephone call, identifies self as the owner or operator of the	687
motor vehicle or vehicle and requests information pertaining to	688
its location.	689

(3)(2) Any person who registers a complaint that is the basis	690
of a sheriff's or police chief's order for the removal and storage	691
of a motor vehicle under division (A)(1) of this section shall	692
provide the identity of the law enforcement agency with which the	693
complaint was registered to any person who identifies self as the	694
owner or operator of the motor vehicle and requests information	695
pertaining to its location.	696

(E)(D)(1) The owner or lienholder of a motor vehicle that is	697
ordered into storage pursuant to division (A)(1) of this section	698
or of a vehicle that is removed under authority of division (B)(2)	699
of this section may reclaim it upon payment of any expenses or	700
charges incurred in its removal, in an amount not to exceed ninety	701
dollars, and storage, in an amount not to exceed twelve dollars	702
per twenty-four-hour period; except that the charge for towing	703
shall not exceed one hundred fifty dollars, and the storage charge	704
shall not exceed twenty dollars per twenty-four-hour period, if	705
the vehicle has a manufacturer's gross vehicle weight rating in	706
excess of ten thousand pounds and is a truck, bus, or a	707
combination of a commercial tractor and trailer or semitrailer.	708
both of the following:	709

(a) Payment of the following fees:

710

(i) Not more than ninety dollars for the removal of the motor	711
vehicle. However, if the motor vehicle has a manufacturer's gross	712
vehicle weight rating in excess of ten thousand pounds and is a	713
truck, bus, or a combination of a commercial tractor and trailer	714
or semitrailer, not more than one hundred fifty dollars for the	715
removal.	716

(ii) Not more than twelve dollars per twenty-four-hour period	717
for the storage of the motor vehicle. However, if the motor	718
vehicle has a manufacturer's gross vehicle weight rating in excess	719
of ten thousand pounds and is a truck, bus, or a combination of a	720
commercial tractor and trailer or semitrailer, not more than	721
twenty dollars per twenty-four-hour period for storage.	722

(b) Presentation of proof of ownership, which may be	723
evidenced by a certificate of title to the motor vehicle or	724
vehicle also shall be required for reclamation of the vehicle. If	725

(2) Upon presentation of proof of ownership, the owner of a	726
motor vehicle that is ordered into storage under division (A)(1)	727
of this section may retrieve any personal items from the motor	728
vehicle without retrieving the vehicle and without paying any fee.	729
However, the owner may not retrieve any personal item that has	730
been determined by the sheriff or chief of police, as applicable,	731
to be necessary to a criminal investigation. For purposes of	732
division (D)(2) of this section, "personal items" do not include	733
any items that are attached to the motor vehicle.	734

(3) If a motor vehicle that is ordered into storage pursuant	735
to division (A)(1) of this section remains unclaimed by the owner	736
for thirty days, the procedures established by sections 4513.61	737
and 4513.62 of the Revised Code shall apply.	738

(F)(E)(1) No person shall remove, or cause the removal of,	739
any vehicle from private property that is established as a private	740
tow-away zone under division (B)(1) of this section other than in	741
accordance with division (B)(2) of this section, and no person	742
shall remove, or cause the removal of, any motor vehicle from any	743
other private residential or private agricultural property other	744
than in accordance with division (A)(1) of this section or	745
sections 4513.61 to 4513.65 of the Revised Code.	746

(2) No towing service or storage facility shall fail to	747
comply with the requirements of this section.	748

(F) This section does not apply to any private residential or	749
private agricultural property that is established as a private	750
tow-away zone in accordance with section 4513.601 of the Revised	751
Code.	752

(G) WhoeverThe owner of any towing service or storage	753
facility that violates division (B)(3) or (F)(E) of this section	754
is guilty of a minor misdemeanor.	755

Sec. 4513.601.  (A) The owner of private property may	756
establish a private tow-away zone, but may do so only if all of	757
the following conditions are satisfied:	758

(1) The owner posts on the owner's property a sign, that is	759
at least eighteen inches by twenty-four inches in size, that is	760
visible from all entrances to the property, and that includes all	761
of the following information:	762

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

763

(b) A description of persons authorized to park on the	764
property. If the property is a residential property, the owner of	765
the private property may include on the sign a statement that only	766
tenants and guests may park in the private tow-away zone, subject	767
to the terms of the property owner. If the property is a	768
commercial property, the owner of the private property may include	769
on the sign a statement that only customers may park in the	770
private tow-away zone. In all cases, if it is not apparent which	771
persons may park in the private tow-away zone, the owner shall	772
include on the sign the address of the property on which the	773
private tow-away zone is located or the name of the business that	774
is located on the property designated as a private tow-away zone.	775

(c) If the private tow-away zone is not enforceable at all	776
times, the times during which the parking restrictions are	777
enforced;	778

(d) The telephone number and the address of the place from	779
which a towed vehicle may be recovered at any time during the day	780
or night;	781

(e) A statement that the failure to recover a towed vehicle	782
may result in the loss of title to the vehicle as provided in	783
division (B) of section 4505.101 of the Revised Code.	784

Any owner of property that has been established as a private	785
tow-away zone under section 4513.60 of the Revised Code as that	786
section existed prior to the effective date of this section who	787
does not have a contract with a towing service for the removal of	788
vehicles from the property may retain existing private tow-away	789
zone signs that comply with that section for up to six months	790
after the effective date of this section. At any time, in order to	791
comply with the requirements of division (B)(1) of this section,	792
such a property owner may modify the existing sign by affixing to	793
the existing sign stickers or an addendum in lieu of replacing the	794
sign.	795

(2) A towing service ensures that a vehicle towed under this	796
section is taken to a location from which it may be recovered that	797
complies with all of the following:	798

(a) It is located within twenty linear miles of the location	799
of the private tow-away zone, unless it is not practicable to take	800
the vehicle to a place of storage within twenty linear miles.	801

(b) It is well-lighted.

802

(c) It is on or within a reasonable distance of a regularly	803
scheduled route of one or more modes of public transportation, if	804
any public transportation is available in the municipal	805
corporation or township in which the private tow-away zone is	806
located.	807

(B)(1) If a vehicle is parked on private property that is	808
established as a private tow-away zone in accordance with division	809
(A) of this section, without the consent of the owner of the	810
property or in violation of any posted parking condition or	811
regulation, the owner may cause the removal of the vehicle by a	812
towing service. The towing service shall remove the vehicle in	813
accordance with this section. The vehicle owner and the operator	814
of the vehicle are considered to have consented to the removal and	815
storage of the vehicle, to the payment of the applicable fees	816
established under division (G) of this section, and to the right	817
of a towing service to obtain title to the vehicle if it remains	818
unclaimed as provided in section 4505.101 of the Revised Code. The	819
owner or lienholder of a vehicle that has been removed under this	820
section, subject to division (C) of this section, may recover the	821
vehicle in accordance with division (G) of this section.	822

(2) If a municipal corporation requires tow trucks and tow	823
truck operators to be licensed, no owner of private property	824
located within the municipal corporation shall cause the removal	825
and storage of any vehicle pursuant to division (B) of this	826
section by an unlicensed tow truck or unlicensed tow truck	827
operator.	828

(C) If the owner or operator of a vehicle that is being	829
removed under authority of division (B) of this section arrives	830
after the vehicle has been prepared for removal, but prior to its	831
actual removal from the property, the towing service shall give	832
the vehicle owner or operator oral or written notification at the	833
time of such arrival that the vehicle owner or operator may pay a	834
fee of not more than one-half of the fee for the removal of the	835
vehicle established under division (G) of this section in order to	836
obtain release of the vehicle. Upon payment of that fee, the	837
towing service shall give the vehicle owner or operator a receipt	838
showing both the full amount normally assessed and the actual	839
amount received and shall release the vehicle to the owner or	840
operator. Upon its release, the owner or operator immediately	841
shall move the vehicle so that the vehicle is not parked on the	842
private property established as a private tow-away zone without	843
the consent of the owner or in violation of any posted parking	844
condition or regulation.	845

(D)(1) Prior to towing a vehicle under division (B) of this	846
section, a towing service shall make all reasonable efforts to	847
take as many photographs as necessary to evidence that the vehicle	848
is clearly parked on private property in violation of a private	849
tow-away zone established under division (A) of this section.	850

The towing service shall record the time and date of the	851
photographs taken under this section. The towing service shall	852
retain the photographs and the record of the time and date, in	853
electronic or printed form, for at least thirty days after the	854
date on which the vehicle is recovered by the owner or lienholder	855
or at least two years after the date on which the vehicle was	856
towed, whichever is earlier.	857

(2) A towing service shall deliver a vehicle towed under	858
division (B) of this section to the location from which it may be	859
recovered not more than two hours after the time it was removed	860
from the private tow-away zone.	861

(E)(1) If an owner of private property that is established as	862
a private tow-away zone in accordance with division (A) of this	863
section causes the removal of a vehicle from that property by a	864
towing service under division (B) of this section, the towing	865
service, within two hours of removing the vehicle, shall provide	866
notice to the sheriff of the county or the police department of	867
the municipal corporation, township, or township or joint police	868
district in which the property is located concerning all of the	869
following:	870

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

871

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

872

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

873

(d) The telephone number of the person from whom the vehicle	874
may be recovered;	875

(e) The address of the place from which the vehicle may be	876
recovered.	877

(2) Each county sheriff and each chief of police of a	878
municipal corporation, township, or township or joint police	879
district shall maintain a record of any vehicle removed from	880
private property in the sheriff's or chief's jurisdiction that is	881
established as a private tow-away zone of which the sheriff or	882
chief has received notice under this section. The record shall	883
include all information submitted by the towing service. The	884
sheriff or chief shall provide any information in the record that	885
pertains to a particular vehicle to a person who, either in person	886
or pursuant to a telephone call, identifies self as the owner,	887
operator, or lienholder of the vehicle and requests information	888
pertaining to the vehicle.	889

(F)(1) When a vehicle is removed from private property in	890
accordance with this section, the owner of the towing service or	891
storage facility from which the vehicle may be recovered shall	892
immediately cause a search to be made of the records of the bureau	893
of motor vehicles to ascertain the identity of the owner and any	894
lienholder of the motor vehicle. Subject to division (F)(4) of	895
this section, the owner of the towing service or storage facility	896
shall send notice to the vehicle owner and any known lienholder as	897
follows:	898

(a) Within five business days of removal of the vehicle from	899
the private tow-away zone, if the vehicle has not yet been	900
recovered, to the owner's and lienholder's last known address by	901
certified or express mail with return receipt requested or by a	902
commercial carrier service utilizing any form of delivery	903
requiring a signed receipt;	904

(b) If the vehicle remains unclaimed thirty days after the	905
first notice is sent, in the manner authorized in division	906
(F)(1)(a) of this section;	907

(c) If the vehicle remains unclaimed forty-five days after	908
the first notice is sent, in the manner authorized in division	909
(F)(1)(a) of this section.	910

(2) Sixty days after any notice sent pursuant to division	911
(F)(1) of this section is received, as evidenced by a receipt	912
signed by any person, or the towing service or storage facility	913
has been notified that delivery was not possible, the owner of a	914
towing service or storage facility, if authorized under division	915
(B) of section 4505.101 of the Revised Code, may initiate the	916
process for obtaining a certificate of title to the motor vehicle	917
as provided in that section.	918

(3) A towing service or storage facility that does not	919
receive a signed receipt of notice, or a notification that	920
delivery was not possible, shall not obtain, and shall not attempt	921
to obtain, a certificate of title to the motor vehicle under	922
division (B) of section 4505.101 of the Revised Code.	923

(4) With respect to a vehicle concerning which a towing	924
service or storage facility is not eligible to obtain title under	925
section 4505.101 of the Revised Code, the towing service or	926
storage facility need only comply with the initial notice required	927
under division (F)(1)(a) of this section.	928

(G)(1) The owner or lienholder of a vehicle that is removed	929
under division (B) of this section may reclaim it upon all of the	930
following:	931

(a) Presentation of proof of ownership, which may be	932
evidenced by a certificate of title to the vehicle;	933

(b) Payment of the following fees:

934

(i) Not more than ninety dollars for the removal of the	935
vehicle. However, if the vehicle has a manufacturer's gross	936
vehicle weight rating in excess of ten thousand pounds and is a	937
truck, bus, or a combination of a commercial tractor and trailer	938
or semitrailer, not more than one hundred fifty dollars for the	939
removal.	940

(ii) Not more than twelve dollars per twenty-four-hour period	941
for the storage of the vehicle. However, if the vehicle has a	942
manufacturer's gross vehicle weight rating in excess of ten	943
thousand pounds and is a truck, bus, or a combination of a	944
commercial tractor and trailer or semitrailer, not more than	945
twenty dollars per twenty-four-hour period for storage.	946

(iii) If notice has been sent to the owner and lienholder as	947
described in division (F) of this section, a processing fee of	948
twenty-five dollars.	949

(2) A towing service or storage facility in possession of a	950
vehicle that is removed under authority of division (B) of this	951
section shall show the vehicle owner, operator, or lienholder who	952
contests the removal of the vehicle all photographs taken under	953
division (D) of this section. Upon request, the towing service or	954
storage facility shall provide copies of all photographs in the	955
medium in which the photographs are stored, whether paper,	956
electronic, or otherwise.	957

(3) Upon presentation of proof of ownership, which may be	958
evidenced by a certificate of title to the vehicle, the owner of a	959
vehicle that is removed under authority of division (B) of this	960
section may retrieve any personal items from the vehicle without	961
retrieving the vehicle and without paying any fee. For purposes of	962
division (G)(3) of this section, "personal items" do not include	963
any items that are attached to the vehicle.	964

(H) No towing service or storage facility shall remove, or	965
cause the removal of, any vehicle from private property that is	966
established as a private tow-away zone under this section, store	967
such a vehicle other than in accordance with this section, or	968
otherwise fail to comply with any applicable requirement of this	969
section.	970

(I) This section does not affect or limit the operation of	971
section 4513.60 or sections 4513.61 to 4613.65 of the Revised Code	972
as they relate to property other than private property that is	973
established as a private tow-away zone under division (A) of this	974
section.	975

(J) The owner of any towing service or storage facility or	976
property owner that violates division (H) of this section is	977
guilty of a minor misdemeanor.	978

Sec. 4513.61. (A) The sheriff of a county or chief of police	979
of a municipal corporation, township, or township or joint police	980
district, within the sheriff's or chief's respective territorial	981
jurisdiction, or a state highway patrol trooper, upon notification	982
to the sheriff or chief of police of such action and of the	983
location of the place of storage, may order into storage any motor	984
vehicle, including an abandoned junk motor vehicle as defined in	985
section 4513.63 of the Revised Code, that has:	986

(1) Has come into the possession of the sheriff, chief of	987
police, or state highway patrol trooper as a result of the	988
performance of the sheriff's, chief's, or trooper's duties; or	989
that has	990

(2) Has been left on a public street or other property open	991
to the public for purposes of vehicular travel, or upon or within	992
the right-of-way of any road or highway, for forty-eight hours or	993
longer without notification to the sheriff or chief of police of	994
the reasons for leaving the motor vehicle in such place, except	995
that. However, when such a motor vehicle constitutes an	996
obstruction to traffic it may be ordered into storage immediately	997
unless either of the following applies:.	998

(a) The vehicle was involved in an accident and is subject to	999
section 4513.66 of the Revised Code;	1000

(b) The vehicle is a commercial motor vehicle. If the vehicle	1001
is a commercial motor vehicle, the sheriff, chief of police, or	1002
state highway patrol trooper shall allow the owner or operator of	1003
the vehicle the opportunity to arrange for the removal of the	1004
motor vehicle within a period of time specified by the sheriff,	1005
chief of police, or state highway patrol trooper. If the sheriff,	1006
chief of police, or state highway patrol trooper determines that	1007
the vehicle cannot be removed within the specified period of time,	1008
the sheriff, chief of police, or state highway patrol trooper	1009
shall order the removal of the vehicle. The	1010

Subject to division (C) of this section, the sheriff or chief	1011
of police shall designate the place of storage of any motor	1012
vehicle so ordered removed.	1013

(B) If the sheriff, chief of police, or a state highway	1014
patrol trooper issues an order under division (A) of this section	1015
and arranges for the removal of a motor vehicle by a towing	1016
service, the towing service shall deliver the motor vehicle to the	1017
location designated by the sheriff or chief of police not more	1018
than two hours after the time it is removed.	1019

(C)(1) The sheriff or chief of police immediately shall cause	1020
a search to be made of the records of the bureau of motor vehicles	1021
to ascertain the identity of the owner and any lienholder of a	1022
motor vehicle ordered into storage by the sheriff or chief of	1023
police, or by a state highway patrol trooper, and, if known,. Upon	1024
obtaining such identity, the sheriff or chief of police shall send	1025
or cause to be sent notice to the owner or lienholder at the	1026
owner's or lienholder's last known address by certified mail with	1027
return receipt requested, notice that informs the owner or	1028
lienholder that the motor vehicle will be declared a nuisance and	1029
disposed of if not claimed within ten days of the date of mailing	1030
of the notice. The	1031

(2) The owner or lienholder of the motor vehicle may reclaim	1032
itthe motor vehicle upon payment of any expenses or charges	1033
incurred in its removal and storage, and presentation of proof of	1034
ownership, which may be evidenced by a certificate of title or	1035
memorandum certificate of title to the motor vehicle. Upon	1036
presentation of proof of ownership, the owner of the motor vehicle	1037
also may retrieve any personal items from the vehicle without	1038
retrieving the vehicle and without paying any fee. IfHowever, the	1039
owner may not retrieve any personal item that has been determined	1040
by the sheriff, chief of police or a state highway patrol trooper,	1041
as applicable, to be necessary to a criminal investigation. For	1042
purposes of division (C)(2) of this section, "personal items" do	1043
not include any items that are attached to the vehicle.	1044

(3) If the owner or lienholder of the motor vehicle reclaims	1045
it after a search of the records of the bureau has been conducted	1046
and after notice has been sent to the owner or lienholder as	1047
described in this section, and the search was conducted by the	1048
owner of the place of storage or the owner's employee, and the	1049
notice was sent to the motor vehicle owner by the owner of the	1050
place of storage or the owner's employee, the owner or lienholder	1051
shall pay to the place of storage a processing fee of twenty-five	1052
dollars, in addition to any expenses or charges incurred in the	1053
removal and storage of the vehicle.	1054

(D) If the owner or lienholder makes no claim to the motor	1055
vehicle within ten days of the date of mailing of the notice, and	1056
if the vehicle is to be disposed of at public auction as provided	1057
in section 4513.62 of the Revised Code, the sheriff or chief of	1058
police, without charge to any party, shall file with the clerk of	1059
courts of the county in which the place of storage is located an	1060
affidavit showing compliance with the requirements of this	1061
section. Upon presentation of the affidavit, the clerk, without	1062
charge, shall issue a salvage certificate of title, free and clear	1063
of all liens and encumbrances, to the sheriff or chief of police.	1064
If the vehicle is to be disposed of to a motor vehicle salvage	1065
dealer or other facility as provided in section 4513.62 of the	1066
Revised Code, the sheriff or chief of police shall execute in	1067
triplicate an affidavit, as prescribed by the registrar of motor	1068
vehicles, describing the motor vehicle and the manner in which it	1069
was disposed of, and that all requirements of this section have	1070
been complied with. The sheriff or chief of police shall retain	1071
the original of the affidavit for the sheriff's or chief's	1072
records, and shall furnish two copies to the motor vehicle salvage	1073
dealer or other facility. Upon presentation of a copy of the	1074
affidavit by the motor vehicle salvage dealer, the clerk of	1075
courts, within thirty days of the presentation, shall issue to	1076
such owner a salvage certificate of title, free and clear of all	1077
liens and encumbrances.	1078

(E) Whenever a motor vehicle salvage dealer or other facility	1079
receives an affidavit for the disposal of a motor vehicle as	1080
provided in this section, the dealer or facility shall not be	1081
required to obtain an Ohio certificate of title to the motor	1082
vehicle in the dealer's or facility's own name if the vehicle is	1083
dismantled or destroyed and both copies of the affidavit are	1084
delivered to the clerk of courts.	1085

(F) No towing service or storage facility shall fail to	1086
comply with this section.	1087

Sec. 4513.611. (A) A vehicle owner may bring a civil action	1088
against a towing service or storage facility that violates section	1089
4513.60, 4513.601, or 4513.68 of the Revised Code. If a court	1090
determines that the towing service or storage facility committed	1091
the violation, the court shall award the vehicle owner the	1092
following:	1093

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

1094

(2) If it is a second violation, two thousand five hundred	1095
dollars;	1096

(3) If it is a third or subsequent violation, two thousand	1097
five hundred dollars. In addition, the court shall order the	1098
public utilities commission to revoke the towing service's or	1099
storage facility's certificate of public convenience and necessity	1100
for six months. The commission shall comply with the order.	1101

(B) Upon expiration of the six-month revocation under	1102
division (A)(3) of this section, a court shall not consider any	1103
violation committed by the towing service or storage facility	1104
prior to the revocation for purposes of a civil action initiated	1105
after the expiration of the six-month revocation.	1106

Sec. 4513.66.  (A) If a motor vehicle accident occurs on any	1107
highway, public street, or other property open to the public for	1108
purposes of vehicular travel and if any motor vehicle, cargo, or	1109
personal property that has been damaged or spilled as a result of	1110
the motor vehicle accident is blocking the highway, street, or	1111
other property or is otherwise endangering public safety, the	1112
sheriff of the county, or the chief of police of the municipal	1113
corporation, township, or township or joint police district, in	1114
which the accident occurred, a state highway patrol trooper, the	1115
chief of the fire department having jurisdiction where the	1116
accident occurred, or a duly authorized subordinate acting on	1117
behalf of an official specified above,a public safety official	1118
may do either of the following without the consent of the owner	1119
but with the approval of the law enforcement agency conducting any	1120
investigation of the accident, may remove:	1121

(1) Remove, or order the removal of, the motor vehicle if the	1122
motor vehicle is unoccupied, cargo, or personal property from the	1123
portion of the highway, public street, or property ordinarily used	1124
for vehicular travel on the highway, public street, or other	1125
property open to the public for purposes of vehicular travel.	1126

(2) If the motor vehicle is a commercial motor vehicle, allow	1127
the owner or operator of the vehicle the opportunity to arrange	1128
for the removal of the motor vehicle within a period of time	1129
specified by the public safety official. If the public safety	1130
official determines that the motor vehicle cannot be removed	1131
within the specified period of time, the public safety official	1132
shall remove or order the removal of the motor vehicle.	1133

(B)(1) Except as provided in division (B)(2) or (3) of this	1134
section, no employee of the department of transportation, sheriff,	1135
deputy sheriff, chief of police or police officer of a municipal	1136
corporation, township, or township or joint police district, state	1137
highway patrol trooper, chief of a fire department, fire fighter,	1138
or a duly authorized subordinate acting on behalf of such anany	1139
employee of the department of transportation, or a public safety	1140
official who authorizes or participates in the removal of any	1141
unoccupied motor vehicle, cargo, or personal property as	1142
authorized by division (A) of this section, regardless of whether	1143
the removal is executed by a private towing service, is not liable	1144
infor civil damages for any injury, death, or loss to person or	1145
property that results from the removal of that unoccupied motor	1146
vehicle, cargo, or personal property. ExceptFurther, except as	1147
provided in division (B)(2) or (3) of this section, if the	1148
department of transportation or a sheriff, chief of police of a	1149
municipal corporation, township, or township or joint police	1150
district, head of the state highway patrol, chief of a fire	1151
department, or a duly authorized subordinate acting on behalf of	1152
such ana public safety official authorizes, employs, or arranges	1153
to have a private tow truck operator or towing companyservice	1154
remove any unoccupied motor vehicle, cargo, or personal property	1155
as authorized by division (A) of this section, that private tow	1156
truck operator or towing companyservice is not liable infor	1157
civil damages for any injury, death, or loss to person or property	1158
that results from the removal of that unoccupied motor vehicle,	1159
cargo, or personal property. Further, the department of	1160
transportation, sheriff, chief of police, head of the state	1161
highway patrol, fire department chief, or a duly authorized	1162
subordinate acting on behalf of such an official is not liable in	1163
civil damages for any injury, death, or loss to person or property	1164
that results from the private tow truck operator or towing	1165
company's removal of that unoccupied motor vehicle, cargo, or	1166
personal property.	1167

(2) Division (B)(1) of this section does not apply to any of	1168
the following:	1169

(a) Any person or entity involved in the removal of an	1170
unoccupied motor vehicle, cargo, or personal property pursuant to	1171
division (A) of this section if that removal causes or contributes	1172
to the release of a hazardous material or to structural damage to	1173
the roadway.	1174

(3) Division (B)(1) of this section does not apply to a	1175
private tow truck operator or;	1176

(b) A private towing companyservice that was not authorized,	1177
employed, or arranged by the department of transportation, a	1178
sheriff, a chief of police of a municipal corporation, township,	1179
or township or joint police district, the head of the state	1180
highway patrol, a chief of a fire department, or a duly authorized	1181
subordinate acting on behalf of such ana public safety official	1182
or to a private tow truck operator orto remove an unoccupied	1183
motor vehicle, cargo, or personal property under this section;	1184

(c) Except as provided in division (B)(2)(d) of this section,	1185
a private towing companyservice that was authorized, employed, or	1186
arranged by the department of transportation, a sheriff, a chief	1187
of police of a municipal corporation, township, or township or	1188
joint police district, the head of the state highway patrol, or a	1189
chief of a fire department, or a duly authorized subordinate	1190
acting on behalf of such ana public safety official to perform	1191
the removal of the unoccupied motor vehicle, cargo, or personal	1192
property andbut the private tow truck operator or towing company	1193
service performed the removal in a reckless or willfulnegligent	1194
manner;	1195

(d) A private towing service that was authorized, employed,	1196
or arranged by a public safety official to perform the removal of	1197
the unoccupied motor vehicle, cargo, or personal property that was	1198
endangering public safety but the private towing service performed	1199
the removal in a reckless manner.	1200

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

1201

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

1202

(a) The sheriff of the county, or the chief of police in the	1203
municipal corporation, township, or township or joint police	1204
district, in which the accident occurred;	1205

(b) A state highway patrol trooper;

1206

(c) The chief of the fire department having jurisdiction	1207
where the accident occurred;	1208

(d) A duly authorized subordinate acting on behalf of an	1209
official specified in divisions (C)(1)(a) to (c) of this section.	1210

(2) "Hazardous material" has the same meaning as in section	1211
2305.232 of the Revised Code.	1212

Sec. 4513.67.  (A) As used in this section, "towing service"	1213
means any for-hire motor carrier that is engaged on an intrastate	1214
basis anywhere in this state in the business of towing a motor	1215
vehicle over any public highway in this state.	1216

(B) No person shall operate a towing vehicle for a towing	1217
service and no person who owns a towing vehicle used by a towing	1218
service or has supervisory responsibility over a towing vehicle	1219
used by a towing service, shall permit the operation of a towing	1220
vehicle used by a towing service, unless both of the following	1221
apply:	1222

(1) The towing service holds a valid certificate of public	1223
convenience and necessity as required by Chapter 4921. of the	1224
Revised Code; and	1225

(2) The certificate number and business telephone number is	1226
visibly displayed on both the left and right front doors of the	1227
towing vehicle.	1228

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

1229

(1) Fail to make its current certificate of public	1230
convenience and necessity available for public inspection during	1231
normal business hours;	1232

(2) Fail to include its certificate number on all	1233
advertising, written estimates, contracts, and invoices.	1234

Sec. 4513.68.  (A) Except as provided in division (B) of this	1235
section, prior to removing a motor vehicle from an accident scene	1236
on any street or highway or any other property open to the public	1237
for purposes of vehicular travel or parking, a towing service	1238
shall provide an estimate of the price for the removal to the	1239
person who was operating the motor vehicle at the time of the	1240
accident unless that person is incapacitated, seriously injured,	1241
or otherwise unavailable to accept the estimate. The towing	1242
service shall not submit such an estimate to the repair facility	1243
or storage facility to which the motor vehicle is transported	1244
unless the person who was operating the motor vehicle at the time	1245
of the accident meets one of the conditions specified above.	1246

(B) The towing service shall ensure that any estimate	1247
provided under division (A) of this section includes the fees,	1248
services to be rendered, and destination of the vehicle.	1249

(C) Division (A) of this section does not apply if all of the	1250
following are applicable:	1251

(1) The towing service removes a motor vehicle from an	1252
accident scene.	1253

(2) The removal is conducted pursuant to a contract between	1254
the towing service and the issuer of a policy of motor vehicle	1255
insurance covering the motor vehicle.	1256

(3) The contract requires the towing service to be paid	1257
directly by issuer of the policy.	1258

(D) If a towing service fails to provide an estimate at an	1259
accident scene as required by this section, the towing service	1260
shall not charge fees for the towing and storage of the motor	1261
vehicle removed from the accident scene that exceed twenty-five	1262
per cent of the fees authorized under division (G)(1)(b) of	1263
section 4513.601 of the Revised Code for a motor vehicle removed	1264
from a private tow-away zone.	1265

(E) Any storage facility that accepts vehicles towed from	1266
accident scenes shall conspicuously post a notice at the entrance	1267
to the storage facility that states the limitation on fees	1268
established under division (D) of this section.	1269

Sec. 4513.69. (A) The owner of a storage facility shall	1270
ensure that the facility remains open during both of the following	1271
periods of time to allow a vehicle owner or lienholder to retrieve	1272
a vehicle in the possession of the storage facility:	1273

(1) Any time during which a towing service is towing a	1274
vehicle pursuant to section 4513.60, 4513.601, or 4513.61 of the	1275
Revised Code and the vehicle will be held by the storage facility;	1276

(2) Between nine o'clock in the morning and noon on the day	1277
after any day during which the storage facility accepted for	1278
storage a vehicle towed under section 4513.60, 4513.601, or	1279
4513.61 of the Revised Code.	1280

(B)(1) The owner of a storage facility that accepts for	1281
storage vehicles towed under section 4513.60, 4513.601, or 4513.61	1282
of the Revised Code shall ensure that a notice is conspicuously	1283
posted at the entrance to the storage facility that states the	1284
telephone number at which the owner or lienholder of a vehicle may	1285
contact the owner or a representative of the storage facility for	1286
the purpose of retrieving a vehicle when the storage facility is	1287
closed. The owner of the storage facility also shall provide that	1288
telephone number to the sheriff of a county or chief of police of	1289
a municipal corporation, township, or township or joint police	1290
district. The owner of the storage facility shall ensure that a	1291
process is in place for purposes of answering calls at all times	1292
day or night.	1293

(2) After receiving a call from the owner or lienholder of a	1294
vehicle who seeks to recover the vehicle, the owner of the storage	1295
facility shall ensure that, within three hours of receiving the	1296
phone call, a representative of the storage facility is available	1297
to release the vehicle upon being presented with proof of	1298
ownership of the vehicle, which may be evidenced by a certificate	1299
of title to the vehicle, and payment of an after-hours vehicle	1300
retrieval fee established under section 4921.25 of the Revised	1301
Code and all other applicable fees.	1302

(C) No owner of a storage facility shall fail to comply with	1303
division (A) or (B) of this section.	1304

Sec. 4921.25. (A) Any person, firm, copartnership, voluntary	1305
association, joint-stock association, company, or corporation,	1306
wherever organized or incorporated, that is engaged in the towing	1307
of motor vehicles is subject to regulation by the public utilities	1308
commission as a for-hire motor carrier under this chapter. Such an	1309
entity is not subject to any ordinance, rule, or resolution of a	1310
municipal corporation, county, or township that provides for the	1311
licensing, registering, or regulation of entities that tow motor	1312
vehicles.	1313

(B) The commission shall adopt rules under Chapter 111. of	1314
the Revised Code that do all of the following:	1315

(1) Establish the acceptable scope of public safety	1316
regulations applicable to a for-hire motor carrier engaged in the	1317
towing of motor vehicles under section 4513.60, 4513.601, or	1318
4513.61 of the Revised Code that a county or township may adopt	1319
pursuant to a resolution;	1320

(2) Establish safety standards for the type of equipment	1321
necessary to safely remove and tow vehicles based on the type of	1322
vehicle being removed or towed;	1323

(3) Establish standards for the removal of a vehicle from a	1324
private tow-away zone by a for-hire motor carrier engaged in the	1325
towing of motor vehicles in addition to standards and requirements	1326
established under section 4513.601 of the Revised Code. The	1327
standards may vary based on whether the private tow-away zone is	1328
located on residential, retail, or other commercial property.	1329

(4) Establish an after-hours retrieval fee for purposes of	1330
section 4513.69 of the Revised Code;	1331

(5) Adopt any other rules necessary to carry out the purposes	1332
of this section.	1333

Section 2. That existing sections 1345.22, 4505.02, 4505.101,	1334
4505.11, 4505.17, 4513.60, 4513.61, 4513.66, and 4921.25 of the	1335
Revised Code are hereby repealed.	1336

Section 3.  (A) The owner of a towing service or storage	1337
facility may obtain title to a vehicle that came into the	1338
possession of the towing service or storage facility between	1339
January 31, 2012 and the effective date of this act if all of the	1340
following apply:	1341

(1) The vehicle was towed under division (B) of section	1342
4513.60 of the Revised Code as that section existed prior to the	1343
effective date of this act.	1344

(2) The vehicle has a value of less than three thousand five	1345
hundred dollars. As used in division (A)(2) of this section,	1346
"value" has the same meaning as in division (E)(3) of section	1347
4505.101 of the Revised Code.	1348

(3) The towing service or storage facility sends an initial	1349
notice to the vehicle owner and any lienholder in accordance with	1350
division (F)(1)(a) of section 4513.601 of the Revised Code not	1351
later than thirty days after the effective date of this act and	1352
complies with the requirements of divisions (F)(1)(b) and (c) of	1353
that section. Each notice also shall include the value of the	1354
vehicle as provided in division (A)(2) of this section and a	1355
statement that, if the owner or lienholder fails to claim the	1356
vehicle, the towing service or storage facility may obtain title	1357
to the vehicle.	1358

(4) The towing service or storage facility complies with all	1359
other applicable requirements of section 4505.101 of the Revised	1360
Code.	1361

(B) The owner of a repair garage or place of storage may	1362
obtain title to a motor vehicle with a value of at least two	1363
thousand five hundred dollars, as determined under division (E)(3)	1364
of section 4505.101 of the Revised Code, but less than three	1365
thousand five hundred dollars that came into the possession of the	1366
repair garage or place of storage between January 31, 2012 and the	1367
effective date of this act if all of the following apply:	1368

(1) The motor vehicle has been left unclaimed for fifteen	1369
days or more following completion of the requested repair or the	1370
agreed term of storage.	1371

(2) The repair garage or place of storage sends the notice to	1372
the vehicle owner and any lienholder in accordance with division	1373
(A)(1) of section 4505.101 of the Revised Code not later than	1374
thirty days after the effective date of this act. The notice also	1375
shall include the value of the vehicle, as determined in	1376
accordance with division (E)(3) of section 4505.101 of the Revised	1377
Code, and a statement that if the owner or lienholder fails to	1378
claim the vehicle the repair garage or place of storage may obtain	1379
title to the vehicle.	1380

(3) The repair garage or place of storage otherwise complies	1381
with division (A) of section 4505.101 of the Revised Code.	1382

(C) The owner of a repair garage or place of storage may	1383
obtain title to a motor vehicle, with a value of less than two	1384
thousand five hundred dollars, that came into the possession of	1385
the repair garage or place of storage prior to the effective date	1386
of this act in the manner provided in section 4505.101 of the	1387
Revised Code prior to the amendments made to that section by this	1388
act.	1389