4513.69 Storage facilities; business hours; notice.

(A) A storage facility shall ensure that the facility remains open during both of the following periods of time to allow a vehicle owner or lienholder to retrieve a vehicle in the possession of the storage facility:

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

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

(B)

(1) A storage facility that accepts for storage vehicles towed under section 4513.60, 4513.601, or 4513.61 of the Revised Code shall ensure that a notice is conspicuously posted at the entrance to the storage facility that states the telephone number at which the owner or lienholder of a vehicle may contact the owner or a representative of the storage facility for the purpose of determining whether the person may retrieve a vehicle or personal items when the storage facility is closed. The storage facility also shall provide that telephone number to the sheriff of a county or chief of police of a municipal corporation, township, or township or joint police district. The storage facility shall ensure that a process is in place for purposes of answering calls at all times day or night.

(2) After receiving a call from the owner or lienholder of a vehicle who seeks to recover a vehicle that was towed pursuant to section 4513.601 of the Revised Code, the storage facility shall ensure that, within three hours of receiving the phone call, a representative of the storage facility is available to release the vehicle upon being presented with proof of ownership of the vehicle, which may be evidenced by a certificate of title to the vehicle, a certificate of registration for the motor vehicle, or a lease agreement, and payment of an after-hours vehicle retrieval fee established under section 4921.25 of the Revised Code along with all other applicable fees.

(3) If a storage facility receives a call from a person who seeks to recover personal items from a vehicle that was towed pursuant to section 4513.60 or 4513.61 of the Revised Code and the storage facility is not open to the public, the storage facility shall notify the person that an after-hours retrieval fee applies and shall state the amount of the fee as established by the public utilities commission in rules adopted under section 4921.25 of the Revised Code. The storage facility shall allow the person to retrieve personal items in accordance with division (D)(2) of section 4513.60 or division (C)(2) of section 4513.61 of the Revised Code, but shall not charge an after-hours retrieval fee unless notice is provided in accordance with this division.

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

Cite as R.C. § 4513.69

Amended by 131st General Assembly File No. TBD, HB 341, §1, eff. 4/6/2017.

Amended by 131st General Assembly File No. TBD, HB 53, §101.01, eff. 7/1/2015.

Added by 130th General Assembly File No. TBD, SB 274, §1, eff. 3/23/2015.