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Beachwood Overview
Codified Ordinances of Beachwood, OH
Codified Ordinances of the City of Beachwood, Ohio
CERTIFICATION
DIRECTORY OF OFFICIALS
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF BEACHWOOD
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   452.03  PROHIBITED STANDING OR PARKING PLACES.
   No person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or to comply with the provisions of this Traffic Code, or while obeying the directions of a police officer or a traffic control device, in any of the following places:
   (a)    On a sidewalk,  except a bicycle;
   (b)    In front of a public or private driveway;
   (c)    Within an intersection;
   (d)    Within ten feet of a fire hydrant;
   (e)    On a crosswalk;
   (f)    Within twenty feet of a crosswalk at an intersection;
   (g)    Within thirty feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device;
   (h)    Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the end of a safety zone, unless a different length is indicated by a traffic control device;
   (i)    Within fifty feet of the nearest rail of a railroad crossing;
   (j)    Within twenty feet of a driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within seventy-five feet of the entrance when it is properly posted with signs;
   (k)    Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;
   (l)    Alongside any vehicle stopped or parked at the edge or curb of a street;
   (m)    Upon any bridge or other elevated structure upon a street, or within a street tunnel;
   (n)    At any place where signs prohibit stopping, standing or parking, or where the curbing is painted yellow, or at any place in excess of the maximum time limited by signs;
   (o)    Within one foot of another parked vehicle;
   (p)    On the roadway portion of a freeway, expressway or thruway; (ORC 4511.68)
   (q)    On any street driveway apron;
   (r)    Upon the side of any street on which fire hydrants are located, when signs are erected giving notice of such prohibition;
   (s)    Upon any private property within this City, except upon driveways, parking lots, in garages, or in an area improved for vehicular use;
      (Ord. 1965-98. Passed 9-20-65.)
   (t)    In any private driveway, alleyway or areaway between buildings, when, in the opinion of the Fire Chief, such parking constitutes a fire hazard or an obstruction to or interference with the operation of the fire-fighting equipment of the Municipality, when signs are erected giving notice thereof;
      (Ord. 1964-31. Passed 3-2-64.)
   (u)    On any public or private property identified as a special parking location for the handicapped. As used in this subsection, "handicapped" means a person having lost the use of one or both legs, one or both arms, or any combination thereof, or being blind or deaf or so severely disabled as to be unable to move about without the aid of crutches or a wheelchair.
      (Ord. 1980-81. Passed 5-19-80.)
   (v)    On any improved parking lot, garage or parking area in Class U-3, U-3A, U-4, U-4A, U-5, U-7, U-7A, U-8, U-8A, U-9, and U-10 Districts, unless such vehicle is parked entirely within the striped parking lines on the surface. No person shall park a motor vehicle on any property in the City in violation of posted parking regulations. No person shall line stripe any parking area without first having received a permit from the Building Department.
      (Ord. 1990-97. Passed 7-2-90.)
   452.04  MANNER OF PARALLEL AND ANGLE PARKING; HANDICAPPED PERSONS.
   (a)   Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the curb side wheels of the vehicle parallel with and not more than twelve inches from the curb, unless it is impossible to approach so close to the curb; in such case the stop shall be as close to the curb as possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise.
   (b)   (1)   This subsection does not apply to streets or parts thereof where angle parking is lawfully permitted.  However, no angle parking shall be permitted on a state route unless an unoccupied roadway width of not less than twenty-five feet is available for free-moving traffic.
      (2)   A.   No angled parking space that is located on a state route within a municipal corporation is subject to elimination, irrespective of whether there is or is not at least twenty-five feet of unoccupied roadway width available for free-moving traffic at the location of that angled parking space, unless the municipal corporation approves of the elimination of the angled parking space.
         B.   Replacement, repainting or any other repair performed by or on behalf of the municipal corporation of the lines that indicate the angled parking space does not constitute an intent by the municipal corporation to eliminate the angled parking space.
   (c)   (1)   A.   Except as provided in subsection (c)(1)B. hereof, no vehicle shall be stopped or parked on a road or highway with the vehicle facing in a direction other than the direction of travel on that side of the road or highway.
         B.   The operator of a motorcycle may back the motorcycle into an angled parking space so that when the motorcycle is parked it is facing in a direction other than the direction of travel on the side of the road or highway.
      (2)   The operator of a motorcycle may back the motorcycle into a parking space that is located on the side of, and parallel to, a road or highway.  The motorcycle may face any direction when so parked.  Not more than two motorcycles at a time shall be parked in a parking space as described in subsection (c)(2) of this section irrespective of whether or not the space is metered.
   (d)   Notwithstanding any provision of this Code or any rule, air compressors, tractors, trucks and other equipment, while being used in the construction, reconstruction, installation, repair or removal of facilities near, on, over or under a street, may stop, stand or park where necessary in order to perform such work, provided a flagperson is on duty, or warning signs or lights are displayed as may be prescribed by the Ohio Director of Transportation.
   (e)   Special parking locations and privileges for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces shall be provided and designated by the Municipality and all agencies and instrumentalities thereof at all offices and facilities, where parking is provided, whether owned, rented or leased, and at all publicly owned parking garages.  The locations shall be designated through the posting of an elevated sign, whether permanently affixed or movable, imprinted with the international symbol of access and shall be reasonably close to exits, entrances, elevators and ramps.  All elevated signs posted in accordance with this subsection and Ohio R.C. 3781.111 (C) shall be mounted on a fixed or movable post, and the distance from the ground to the bottom edge of the sign shall measure not less than five feet.  If a new sign or a replacement sign designating a special parking location is posted on or after October 14, 1999, there also shall be affixed upon the surface of that sign or affixed next to the designating sign a notice that states the fine applicable for the offense of parking a motor vehicle in the special designated parking location if the motor vehicle is not legally entitled to be parked in that location.
   (f)   (1)   A.   No person shall stop, stand or park any motor vehicle at special parking locations provided under subsection (e) hereof, or at special clearly marked parking locations provided in or on privately owned parking lots, parking garages, or other parking areas and designated in accordance with subsection (e) hereof, unless one of the following applies:
            1.   The motor vehicle is being operated by or for the transport of a person with a disability that limits or impairs the ability to walk and is displaying a valid removable windshield placard or special license plates;
            2.   The motor vehicle is being operated by or for the transport of a handicapped person and is displaying a parking card or special handicapped license plates.
         B.   Any motor vehicle that is parked in a special marked parking location in violation of subsection (f)(1)A. of this section may be towed or otherwise removed from the parking location by the Police Department.  A motor vehicle that is so towed or removed shall not be released to its owner until the owner presents proof of ownership of the motor vehicle and pays all towing and storage fees normally imposed by the Municipality for towing and storing motor vehicles.  If the motor vehicle is a leased vehicle, it shall not be released to the lessee until the lessee presents proof that that person is the lessee of the motor vehicle and pays all towing and storage fees normally imposed by the Municipality for towing and storing motor vehicles.
   C.   If a person is charged with a violation of subsection (f)(1)A. of this section, it is an affirmative defense to the charge that the person suffered an injury not more than seventy-two hours prior to the time the person was issued the ticket or citation and that, because of the injury, the person meets at least one of the criteria contained in Ohio R.C. 4503.44(A)(1).
      (2)   No person shall stop, stand or park any motor vehicle in an area that is commonly known as an access aisle, which area is marked by diagonal stripes and is located immediately adjacent to a special parking location provided under subsection (e) of this section or at a special clearly marked parking location provided in or on a privately owned parking lot, parking garage, or other parking area and designated in accordance with that subsection.
   (g)   When a motor vehicle is being operated by or for the transport of a person with a disability that limits or impairs the ability to walk and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, or when a motor vehicle is being operated by or for the transport of a handicapped person and is displaying a parking card or special handicapped license plates, the motor vehicle is permitted to park for a period of two hours in excess of the legal parking period permitted by local authorities, except where local ordinances or police rules provide otherwise or where the vehicle is parked in such a manner as to be clearly a traffic hazard.
   (h)   As used in this section:
      (1)   "Handicapped person" means any person who has lost the use of one or both legs, or one or both arms, who is blind, deaf or so severely handicapped as to be unable to move without the aid of crutches or a wheelchair, or whose mobility is restricted by a permanent cardiovascular, pulmonary or other handicapping condition.
      (2)   "Person with a disability that limits or impairs the ability to walk" has the same meaning as in Ohio R.C. 4503.44.
      (3)   "Special license plates" and "removable windshield placard" mean any license plates or removable windshield placard or temporary removable windshield placard issued under Ohio R.C. 4503.41 or 4503.44, and also mean any substantially similar license plates or removable windshield placard or temporary removable windshield placard issued by a state, district, country or sovereignty.
         (ORC 4511.69)
   452.05  WILLFULLY LEAVING VEHICLES ON PRIVATE OR PUBLIC PROPERTY.
   (a)    No person shall leave any motor vehicle, other than an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, on private residential or private agricultural property for more than four hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right of way of any road or highway, for forty-eight hours or longer, without notification to the Chief of Police of the reasons for leaving the motor vehicle in such place.
   (b)    No person shall leave a vehicle, other than an abandoned junk motor vehicle, at a repair garage or place of storage for a longer period than that agreed upon by the owner of such garage or place of storage and the owner or person in custody or control of such vehicle.
   (c)    Subsections (a) through (d) hereof do not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with Section 452.055.
   (d)    As used in subsections (a) through (c) hereof, "private residential property" means private property on which is located one or more structures that are used as a home, residence or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. "Private residential property" does not include any private property on which is located one or more structures that are used as a home, residence or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures. (ORC 4513.60, 4613.61)
   (e)    No person shall willfully leave an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, on private property for more than seventy-two consecutive hours without the permission of the person having the right to the possession of the property, or on a public street or  other property open to the public for purposes of vehicular travel or parking, or upon or within the right of way of any road or highway, for forty-eight consecutive hours or longer, without notification to the Police Chief of the reasons for leaving the vehicle in such place.
   For purposes of this subsection, the fact that a vehicle has been so left without permission or notification is prima-facie evidence of abandonment. Nothing contained in this section shall invalidate the provisions of other ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property or private property within the Municipality.
(ORC 4513.64)
   (f)   The Police Department, upon complaint of any person adversely affected, may order into storage any vehicle which has been left on private property in violation of any of the provisions of this section. The storage shall be designated by the Mayor or Chief of Police.
   The owner of such motor vehicle may reclaim possession of the motor vehicle upon payment of the expenses or charges incurred in such removal and storage. If such motor vehicle remains unclaimed by the owner for sixty days, Ohio R.C. 737.32 and 4513.62 shall be applicable.  (Ord. 1968-140. Passed 12-2-68.)
   (g)    Whoever violates any of the provisions of this section shall, in addition to the penalty provided in Section 408.02, be assessed any costs incurred by the Municipality in disposing of a vehicle or abandoned junk motor vehicle, less any money accruing to the Municipality from such disposal.
   452.055 PARKING PROHIBITIONS ON PRIVATE PROPERTY; PRIVATE TOW-AWAY ZONES.
   (a)    If an owner of private property posts on the property, in a conspicuous manner, a prohibition against parking on the property or conditions and regulations under which parking is permitted, no person shall do either of the following:
      (1)    Park a vehicle on the property without the owner's consent; or
      (2)    Park a vehicle on the property in violation of any condition or regulation posted by the owner. (ORC 4511.681)
   (b)    The owner of private property may establish a private tow-away zone only if all of the following conditions are satisfied:
      (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:
         A.    A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;
         B.   The telephone number of the person from whom a towed away vehicle can be recovered and the addresses of the place to which the vehicle will be taken and the place from which it may be recovered; and
         C.    A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a towing charge, in an amount established by the public utilities commission in rules adopted under Ohio Revised Code section 4921.25; and
      (2)    The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the Municipality.
   (c)    If a vehicle is parked on private property that is established as a private tow-away zone in accordance with subsection (b) hereof, without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner or his or her agent may remove, or cause the removal of, the vehicle, the owner and the operator of the vehicle shall be deemed to have consented to the removal and storage of the vehicle and to the payment of the towing and storage charges specified in paragraph (b)(1)C. hereof, and the owner, subject to subsection (f) hereof, may recover a vehicle that has been so removed only in accordance with subsection (j) hereof.
   (d)    If the Municipality requires tow trucks and tow truck operators to be licensed, no owner of private property located within the Municipality shall remove, or cause the removal and storage of, any vehicle pursuant to subsection (c) hereof by an unlicensed tow truck or unlicensed tow truck operator.
   (e)    Subsections (b) through (d) hereof do not affect or limit the operation of Ohio R.C. 4513.60 through 4513.65 as such sections relate to property other than private property that is established as a private tow-away zone under subsection (b) hereof.
   (f)    If the owner or operator of a motor vehicle that has been ordered into storage pursuant to Ohio R.C. 4513.60(A), or of a vehicle that is being removed under authority of subsection (c) hereof, arrives after the motor vehicle or vehicle has been prepared for removal but prior to its actual removal from the property, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the charge for the removal of motor vehicles under Ohio R.C. 4513.60(A), or of vehicles under subsection (c) hereof, whichever is applicable, that normally is assessed by the person who has prepared the motor vehicle or vehicle for removal in order to obtain release of the motor vehicle or vehicle. Upon payment of that fee, the motor vehicle or vehicle shall be released to the owner or operator, and upon its release, the owner or operator immediately shall move it so that:
      (1)    If the motor vehicle was ordered into storage pursuant to Ohio R.C. 4513.60(A), it is not on the private residential or private agricultural property without the permission of the person having the right to possession of the property, or is not at the garage or place of storage without the permission of the owner, whichever is applicable.
      (2)    If the vehicle was being removed under authority of subsection (c) hereof, it is not parked on the private property established as a private tow-away zone without the consent of the owner or in violation of any posted parking condition or regulation.
   (g)    If an owner of private property that is established as a private tow-away zone in accordance with subsection (b) hereof, or the authorized agent of such an owner, removes or causes the removal of a vehicle from that property under authority of subsection (c) hereof, the owner or agent promptly shall notify the Police Department of the removal, the vehicle's license number, make, model and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.
   (h)    The Chief of Police shall maintain a record of motor vehicles that he or she orders into storage pursuant to Ohio R.C. 4513.60(A) and of vehicles removed from private property in his or her jurisdiction that is established as a private tow-away zone of which he or she has received notice under subsection (g) hereof. The record shall include an entry for each such motor vehicle or vehicle that identifies the motor vehicle's or vehicle's license number, make, model and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any information in the record that pertains to a particular motor vehicle or vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies himself or herself as the owner or operator of the motor vehicle or vehicle and requests information pertaining to its location.
   (i)   Any person who registers a complaint that is the basis of a Sheriff's or Police Chief's order for the removal and storage of a motor vehicle under Ohio R.C. 4513.60 shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies himself or herself as the owner or operator of the motor vehicle and requests information pertaining to its location.
   (j)    The owner of a motor vehicle that is ordered into storage pursuant to Ohio R.C. 4513.60, or of a vehicle that is removed under authority of subsection (c) hereof, may reclaim it upon payment of any expenses or charges incurred in its removal in an amount not to exceed ninety dollars ($90.00), and storage in an amount not to exceed twelve dollars ($12.00) per twenty-four hour period, except that the charge for towing shall not exceed one hundred fifty dollars ($150.00) and the storage charge shall not exceed twenty dollars ($20.00) per twenty-four hour period if the vehicle has a laden gross vehicle weight in excess of 10,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or vehicle, shall also be required for reclamation of the vehicle. If a motor vehicle that is ordered into storage pursuant to Ohio R.C. 4513.60 remains unclaimed by the owner for thirty days, the procedures established by Ohio R.C. 4513.61 and 4513.62 shall apply.
   (k)   No person shall remove or cause the removal of any vehicle from private property that is established as a private tow-away zone under subsection (b) hereof other than in accordance with subsection (c) hereof, and no person shall remove or cause the removal of any motor vehicle from any other private property other than in accordance with Ohio R.C. 4513.60 through 4513.65.
(ORC 4513.60(B) to (F); Ord. 2012-91. Passed 5-21-12.)
   452.06  UNATTENDED VEHICLES; DUTY TO LOCK IGNITION, REMOVE KEY, SET BRAKE, ETC.
   (a)   No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake, and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway.
   The requirements of this section relating to the stopping of the engine, locking of the ignition and removing the key from the ignition of a motor vehicle do not apply to any of the following:
      (1)   A motor vehicle that is parked on residential property;
      (2)   A motor vehicle that is locked, regardless of where it is parked;
      (3)   An emergency vehicle;
      (4)   A public safety vehicle. (ORC 4511.661)
   452.07  OPENING DOORS ON SIDE AVAILABLE TO TRAFFIC.
   No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(ORC 4511.70)
   452.08  SELLING OR REPAIRING VEHICLE UPON ROADWAY.
   No person shall stop, stand or park a vehicle upon any roadway for the principal purpose of:
   (a)    Displaying such vehicle for sale;
   (b)    Greasing or repairing such vehicle except repairs necessitated by an emergency. (Ord. 1969-54. Passed 7-7-69.)
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