Ordinance 2024-09

An Ordinance Amending Codified Ordinance Sub-Section 351.141(c)(1) Regarding Signage, Towing and Storage Fees and Declaring an Emergency

  • Introduced by: Grube
  • 1st Reading (02/26/2024)
  • Passed (02/26/2024)

Whereas, Codified Ordinance Section 351.141(c) provides, in part, for creation of private tow-away zones by owners of private property if they meet certain conditions; and

Whereas, the Ohio General Assembly has recently amended the Ohio Revised Code regarding vehicle towing, and the Village Council has determined that in lieu of setting towing and storage charges they shall defer to the Public Utilities Commission of Ohio.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. Section 351.141(c)(1) of the Codified Ordinances is hereby amended in its entirety to read as follows:

  1. (c) The owner of private property may create a private tow-away zone only if all of the following conditions are satisfied:

    1. (1) The owner posts on his or her property a sign that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that includes all of the following information:

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

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

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

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

      5. (E) A statement that the failure to recover a towed vehicle may result in the loss of title to the vehicle as provided in the Ohio Revised Code;

      6. (F) Any charge for towing and any storage fees shall conform to the maximum charges permitted by the Public Utilities Commission pursuant to rules adopted under Section 4921.25 of the Ohio Revised Code.

Section 2. Existing Section 351.141(c)(1) of the Codified Ordinances the full text of which follows is hereby repealed.

  1. (c) The owner of private property may create a private tow-away zone only if all of the following conditions are satisfied:

    1. (1) The owner posts on his or her property a sign that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that contains at least all of the following information:

      1. (A) A statement that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;

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

      3. (C) If the private tow-away is not enforceable at all times, the times during which the parking restriction are enforced;

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

      5. (E) A statement that the failure to recover a towed vehicle may result in the loss of title to the vehicle as provided in division (B) of Section 4505.101 of the Revised Code;

      6. (F) A statement that the vehicle may be recovered any time during the day or night upon the submission of proof of ownership and the payment of a towing charge not to exceed ninety dollars ($90.00) and a storage charge in an amount not to exceed twenty dollars ($20.00) per twenty-four hour period.

Section 3. Section 351.141(c)(1) as amended, with underlining for new language and strikeouts for deletions reads as follows:

  1. (c) The owner of private property may create a private tow-away zone only if all of the following conditions are satisfied:

    1. (1) The owner posts on his or her property a sign that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that contains at least includes all of the following information:

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

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

      3. (C) If the private tow-away is not enforceable at all times, the times during which the parking restriction are enforced;

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

      5. (E) A statement that the failure to recover a towed vehicle may result in the loss of title to the vehicle as provided in division (b) of Section 4505 the Ohio Revised Code.; and

      6. (F) A statement that the vehicle may be recovered any time during the day or night upon the submission of proof of ownership and the payment of a towing charge not to exceed ninety dollars ($90.00) and a storage charge in an amount not to exceed twenty dollars ($20.00) per twenty-four hour period. Any charge for towing and any storage fees shall conform to the maximum charges permitted by the Public Utilities Commission pursuant to rules adopted under Section 4921.25 of the Ohio Revised Code.

Section 4. Although this Ordinance shall take immediate effect, property owners shall have a period of thirty (30) days from the effective date of this Ordinance to comply with the requirements of 351.141(c) of the Ordinances of the Village regarding the posting of signs and the place to which towed vehicles may be taken. In order to comply with the requirements of Section 351.141(c), the owner of a private property may modify an existing sign by affixing to the existing sign stickers or an addendum in lieu of replacing the sign.

Section 5. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 6. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village website.

Section 7. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that it is necessary that this Ordinance needs to take immediate effect so that Codified Ordinance Section 351.141(c) is amended in order to conform to Ohio Revised Code Section 4513.601 and in order to induce towing services to remove vehicles from private property that are parked without consent of the owner; wherefore, provided it receives the affirmative vote of at least two-thirds (2/3) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.