(a) (1) No person shall drive any vehicle, other than a bicycle or an electric bicycle if the motor is not engaged, upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
(2) This prohibition does not apply to a law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, using an electric bicycle with the motor engaged while in the performance of the officer's duties.
(3) Nothing in this section shall be construed as prohibiting local authorities from regulating the operation of bicycles or electric bicycles, except that no local authority may require that bicycles or electric bicycles be operated on sidewalks. (ORC 4511.711(A))
(b) Notwithstanding subsection (a) hereof, parking may be permitted in street lawn areas at such specified locations as may be recommended by the City Manager and approved by the Director of Public Works through the issuance of a permit.
(c) The Director of Public Works is hereby authorized to issue a permit or revoke such permit consistent with the provisions of this section for the construction of a parking space within the street lawn area adjacent to any lot within a residential area of the City that is without curbed streets.
(d) An application for a permit shall be submitted in such form as the Director of Public Works may prescribe. Such application shall be made by the owner, lessee, or agent of either, of the lot adjoining the proposed parking space, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee of the adjoining lot, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application that the proposed work is authorized by the owner in fee of the adjoining lot and that the person making the application is authorized to make said application. The application shall include the full names and addresses of the applicant and the owner, and, if the owner is a corporate body, of its responsible officers. Such application shall briefly describe the proposed work, be accompanied by drawings of the proposed work, and shall give such additional information as may be required by the Director of Public Works.
(e) The applicant must meet the following criteria to be granted the parking permit by the Director of Public Works:
(1) The property owner or resident must prove that there is not adequate parking in their driveway or on the street as permitted;
(2) The residences does not have adequate space to allow for code compliant parking on their property;
(3) The property owner or resident does not have motor homes, boats, or recreational vehicles stored in their driveway;
(4) That parking is prohibited on either side of the street adjacent to the proposed parking space;
(5) That parking on the street lawn will not obstruct vision at an intersection; and
(6) That the area in which the applicant is seeking to park must be free from curbing, city trees, and/or fire hydrants. Any vehicle parked over a curb box that is subject to being turned off for non-payment shall be moved. If the property owner or lessee is not available to move the vehicle the City shall have the vehicle removed and the property owner and/or lessee shall be responsible for paying all costs incurred for moving the vehicle including but not limited to towing and storage charges.
(f) The Director of Public Works shall not issue a permit for the construction of more than one parking space in each street lawn area adjacent to a particular lot.
(g) A parking space in a street lawn area shall be constructed of loose gravel, marble chips, brick, or other similar material providing a pervious surface as may be determined by the Director of Public Works, and shall be at least six inches in depth. A parking space in a street lawn area shall not exceed twelve and one-half feet in width from the outside edge of the paved road and twenty-four feet in length. The property owner or lessee shall bear all costs and responsibility for the maintenance and care of the parking space whether damage by a snow plow or due to maintenance to any utility line going into the property.
(h) Parking spaces shall be maintained free of weeds and other debris by the owner or lessee of the adjoining lot. Those issued a permit are responsible for snow removal on the parking space.
(i) Adjacent street surfaces shall be kept free of parking space construction material and other debris.
(j) Vehicles on such parking spaces shall be parked parallel to the adjoining streets and facing the same direction as the flow of traffic of the lane of travel nearest to the parking space.
(k) Parking on the street lawn with a permit is at the vehicle owner’s own risk.
(l) Temporary parking on a street lawn area in a specified location for a special event or other activity may be allowed following notice to, and approval of, the City Manager.
(m) This section shall not apply to the requirements regulating parking requirements for multiple family uses of three or more rental units under the zoning ordinance.
(n) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 45-14. Passed 6-23-14.)
If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.711)