§ 451.041 Physically Handicapped Parking
   (a)   As used in this section:
      (1)   “Handicapped person” means any person who has lost the use of one (1) or both legs or one (1) 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 RC 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 RC 4503.41 or RC 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.
(RC 4511.69(K))
   (b)   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 City 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 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 (5) 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.
(RC 4511.69(E))
   (c)   (1)   A.   No person shall stop, stand, or park any motor vehicle at special parking locations provided under division (b) of this section 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 that division, unless one of the following applies:
            (i)   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;
            (ii)   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 division (c)(1)A(i) or (c)(1)A.(ii) of this section may be towed or otherwise removed from the parking location by the law enforcement agency of the political subdivision in which the parking location is located. 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 that political subdivision 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 that political subdivision for towing and storing motor vehicles.
         C.   If a person is charged with a violation of division (c)(1)A.(i) or (c)(1)A.(ii) of this section, it is an affirmative defense to the charge that the person suffered an injury not more than seventy-two (72) 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 RC 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 division (b) 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 division.
(RC 4511.69(F))
   (d)   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 (2) 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.
(RC 4511.69(G))
   (e)   Special reserved on-street 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 upon full compliance with the following requirements:
      (1)   An investigation determining need for proposed reserved on-street parking for the handicapped must be performed through the Division of Traffic Engineering, including verification that the proposed on-street parking location meets the requirements of this section. The Commissioner of Traffic Engineering must approve the on-street parking for practicality and feasibility of traffic operations. Upon completion of the investigation and the approval of the Commissioner of Traffic Engineering, the Director of Public Safety may designate reserved on- street parking for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, in accordance with the requirements of Section 403.03.
      (2)   When applying for an on-street parking space for the exclusive use by persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, the following information shall be supplied by the applicant to the City and shall be used as criteria for determining the appropriate location for a handicapped parking space:
         A.   The nature and use of adjacent buildings;
         B.   The number of on- street parking spaces requested, with the maximum requested spaces not to exceed three (3) adjacent or contiguous spaces;
         C.   Any other information which the Director of Public Safety or Commissioner of Traffic Engineering may require.
      (3)   Reserved on-street parking spaces for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall not be provided at any location where off-street 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, are available in close proximity to the proposed on-street parking location;
      (4)   Reserved on-street parking spaces for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall be located as close as practicable to educational institutions, government buildings, hospitals, medical centers, cultural institutions and recreational facilities;
      (5)   Reserved on-street parking spaces shall not be provided at any location where parking is prohibited by ordinance;
      (6)   Reserved on-street parking for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, in residential areas may be provided upon satisfying the requirements found in divisions (e)(1), (e)(2), (e)(3) and (e)(5) of this section.
   (f)   Any handicapped person as defined in division (a) of this section or any property owner may request that a parking space be designated as reserved for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces. Approval of the property owner adjacent to the proposed parking space must be obtained prior to the handicap designation. All requests for designations shall be submitted to the Commissioner of Traffic Engineering. Following the designation of a parking space as reserved for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, by the Director of Public Safety, the Division of Traffic Engineering shall install a sign or signs indicating that an on-street parking space is reserved for the exclusive use of handicapped persons.
   (g)   The Chief of Police or his or her designee, in his or her discretion, may limit or temporarily suspend any of the parking privileges specified in this section to cover emergencies or special events and may impose any other restriction deemed necessary in the interest of traffic safety and control.
   (h)   No person shall stop, stand or park any motor vehicle at special parking locations provided for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, under this section or at special, clearly marked, parking locations provided for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, in or on privately owned parking lots, parking garages or other parking areas, unless 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 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 removable windshield placard or a temporary removable windshield placard or special license plates.
   (i)   No owner of an office, facility, or parking garage where special parking locations are required to be designated in accordance with division (b) of this section shall fail to properly mark the special parking locations in accordance with that division or fail to maintain the markings of the special locations, including the erection and maintenance of the fixed or movable signs.
(RC 4511.69(H))
   (j)   Nothing in this section shall be construed to require a person or organization to apply for a removable windshield placard or special license plates if the parking card or special license plates issued to the person or organization under prior law have not expired or been surrendered or revoked.
(RC 4511.69(I))
   (k)   (1)   A.   Whoever violates division (c)(1)A.(i) or (c)(1)A.(ii) of this section is guilty of a misdemeanor and shall be punished as provided in division (k)(1)A. and (k)(1)B. of this section. Except as otherwise provided in division (k)(1)A. of this section, an offender who violates division (c)(1)A.(i) or (c)(1)A.(ii) of this section shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). An offender who violates division (c)(1)A.(i) or (c)(1)A.(ii) of this section shall be fined not more than one hundred dollars ($100.00) if the offender, prior to sentencing, proves either of the following to the satisfaction of the court:
            i.   At the time of the violation of division (c)(1)A.(i) of this section, the offender or the person for whose transport the motor vehicle was being operated had been issued a removable windshield placard that then was valid or special license plates that then were valid but the offender or the person neglected to display the placard or license plates as described in division (c)(1)A.(i) of this section.
            ii.   At the time of the violation of division (c)(1)A.(ii) of this section, the offender or the person for whose transport the motor vehicle was being operated had been issued a parking card that then was valid or special handicapped license plates that then were valid but the offender or the person neglected to display the card or license plates as described in division (c)(1)A.(ii) of this section.
         B.   In no case shall an offender who violates division (c)(1)A.(i) or (c)(1)A.(ii) of this section be sentenced to any term of imprisonment.
   An arrest or conviction for a violation of division (c)(1)A.(i) or (c)(1)A.(ii) of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.
   Every fine collected under divisions (k)(1) and (k)(2) of this section shall be paid to the City in which the violation occurred. Except as provided in division (k)(1) of this section, the City shall use the fine moneys it receives under divisions (k)(1) and (k)(2) of this section to pay the expenses it incurs in complying with the signage and notice requirements contained in division (b) of this section. The City may use up to fifty percent (50%) of each fine received under divisions (k)(1) and (k)(2) of this section to pay the costs of educational, advocacy, support, and assistive technology programs for persons with disabilities, and for public improvements within the City that benefit or assist persons with disabilities, if governmental agencies or nonprofit organizations offer the programs.
      (2)   Whoever violates division (c)(2) of this section shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
   In no case shall an offender who violates division (c)(2) of this section be sentenced to any term of imprisonment. An arrest or conviction for a violation of division (c)(2) of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.
      (3)   Whoever violates division (i) of this section shall be punished as follows:
         A.   Except as otherwise provided in division (k)(3) of this section, the offender shall be issued a warning.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of division (i) of this section or of a municipal ordinance that is substantially similar to that division, the offender shall not be issued a warning but shall be fined not more than twenty-five dollars ($25.00) for each parking location that is not properly marked or whose markings are not properly maintained.
(RC 4511.69(J)(2)-(J)(4); Ord. No. 656-17. Passed 10-16-17, eff. 10-20-17)