Towing Issues: Car towed from apt lot with insufficient signage, public travel, tow company

Question
My son's car was towed from a lot in Columbus Ohio in which the only sign prohibiting parking without a permit was at the back of the lot behind a parked car, and was not visible.  The law states that a parking-limited lot must post visible signs at all entrances.  However, the tow company representative told my son that, although others had complained about the same problem, they had paid the charge because police stated that they wouldn't help with a civil issue.  The owner visited the lot with us and agreed that the sign was not visible, but refused to return our money.  We feel that, as they knew their lot was not marked as required by law but continued to tow and charge for return of peoples' cars, that this was extortion.  Can you please give advice as to how we should proceed?  Thank you!

Answer
it seems that the City of Columbus has some laws (city codes) which cover this issue and there are also the state laws about it also...

But I will deal with the city ones mostly as they are "MORE SPECIFIC" to the area...

As you can see below there is quite a long list of information about this, and I cut and pasted the relevant section...

The police are correct, it is a civil issue if they are not involved, even though you can be towed after the property owner calls them to issue a ticket... (there are 2 different rules and ways you can be towed it seems)

Now section 2151.105 of the city code also deals with the penalties for violations of sign posting and such but remember that weather, Vandalism and other issues sometimes to cause signs to be destroyed which were once posted...  (just a point I want to make also)

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Columbus City code link  http://ordlink.com/codes/columbus/



2151.10 Parking on public or private property.

(a) The parking of vehicles on public or private property, excluding dedicated streets and ways set out for public travel and heretofore regulated, shall be prohibited without the consent of the owner of private property or the proper governmental agencies in charge of public property.
(b) No vehicles shall be parked on public property in violation of rules and regulations set out by the governmental agencies controlling the public property.
(c) No vehicle shall be parked on any private property in violation of any regulations set down by the owner of the private property.
(d) The provisions of divisions (a) through (c) hereof shall not be applicable unless the private or public property is posted in a conspicuous manner setting forth the prohibition of parking or the conditions and regulations under which parking is permitted.
(e) Except as provided in Sections 2151.22 and 2151.23 and subject to the requirements of this section, an owner of private property or his authorized agent may remove, or cause to be removed, vehicles parked upon his property in violation of the posted parking regulations. Any vehicle being removed under this section will be released to the owner of the vehicle if such vehicle is still on the private property, such owner offers proof of identification and complies with posted regulations, and if such vehicle’s owner or agent pays a service fee equal to one-half of the impounding fee set by Section 2107.06(a). Said vehicle shall be released under the stated conditions.
(f) An owner of private property may create a “PRIVATE TOW-AWAY ZONE” by posting thereon a sign, no smaller than 18” × 24” and visible from all entrances to the private property, which contains at least the following information:
(1) A designation that the area is a “PRIVATE TOW-AWAY ZONE, UNAUTHORIZED VEHICLES WILL BE TOWED AWAY,” and
(2) The telephone number or numbers of the person or persons from whom the vehicle can be recovered; and
(3) A statement that “VEHICLE MAY BE RECOVERED AT ANYTIME UPON PROOF OF OWNERSHIP AND PAYMENT OF TOWING CHARGE AND STORAGE. PASSENGER CAR MAXIMUM IS TOWING AND STORAGE PER 24 HOUR PERIOD. VEHICLE HOOKED BUT NOT TOWED SUBJECT TO ONE-HALF TOWING FEE TO DROP.” The maximum prices stated for towing and storage in division (h) of this section shall be inserted in their respective blanks.
(g) By parking on properly posted private property without the consent of the owner of the property, the owner and operator of a vehicle shall be deemed to have consented to the removal and storage and the payment of the costs of removing and storage in an amount not to exceed the rates established by the Director of Public Safety under the provisions of division (h) of this section. No vehicle parked on the property at the time of the posting of the sign shall be towed until a period of seventy-two (72) hours has passed.
(h) The Director of Public Safety, upon the recommendation of the Wrecker Advisory Board established pursuant to Chapter 549, may promulgate and publish a set of rules and regulations to implement this section as the director deems proper. The maximum rates for the removal and storage of any vehicle removed from private property shall be the same rates as established in Section 2107.06. The rates established pursuant to this section shall be posted as provided in division (f)(3) of this section.
(i) The removal of vehicles under this section shall only be performed by tow trucks and tow truck operators duly licensed under Chapter 549.
(j) A violation of divisions (a) through (c) of this section constitutes the commission of a parking infraction to be handled pursuant to and governed by the provisions of Chapter 2150. (Ord. 453-87: Ord. 2120-03 § 1 (part).)

2151.105 Unauthorized towing.

(a) Except as provided in Sections 2151.22 and 2151.23, no person shall remove or cause to be removed any vehicle from private property unless in conformance with Section 2151.10 with respect to removing, or causing to be removed, motor vehicles from private property.
(b) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) or more prior violations of this section or a substantially equivalent municipal ordinance, whoever violates this section is guilty of a misdemeanor of the third degree. (Ord. 1579-72: Ord. 2120-03 § 1 (part).)