(a) Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right-hand 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) No vehicle shall be stopped or parked on a road or street with the vehicle facing in a direction other than the direction of travel on that side of the road or street.
(c) Notwithstanding any provision of this Code, 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 State.
(Adopting Ordinance)
(d) All 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, public or private, where parking is provided, whether owned, rented or leased, and at all publicly or privately 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. Such signs shall be located so they cannot be obscured by a vehicle parked in the space. All shall have the following language affixed prominently upon them: "The fine for violation of Elyria Codified Ordinance 351.04(e) shall be two hundred fifty dollars ($250.00) to five hundred dollars ($500.00)."
(e) (1) No person shall stop, stand or park any motor vehicle at special parking locations provided for in subsection (d) 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 (d) hereof, unless one of the following applies:
A. 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;
B. The motor vehicle is being operated by or for the transport of a person with a disability and is displaying a parking card or special disability license plates.
C. Whoever violates any provision of paragraph (e)(1)A. or B. hereof shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(Ord. 2000-49. Passed 3-20-00.)
(2) Any motor vehicle that is parked in a special marked parking location in violation of paragraph (e)(1)A. or B. hereof may be towed or otherwise removed from the parking location by the Police Division. 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.
(3) If a person is charged with a violation of paragraph (e)(1)A. or B. hereof, 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 paragraph (i)(2) hereof.
(4) Whoever violates any provision of division (e)(1) shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(f) 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 the Municipality, except where a local ordinance or police rule provides otherwise or where the vehicle is parked in such a manner as to be clearly a traffic hazard.
(g) No owner of an office, facility or parking garage where special parking locations are required to be designated in accordance with subsection (d) hereof shall fail to properly mark the special parking locations in accordance with that subsection or fail to maintain the markings of the special locations, including the erection and maintenance of the fixed or movable signs.
(h) 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.
(i) 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 equivalent license plates or removable windshield placard or temporary removable windshield placard issued by a state, district, country, or sovereignty.
(4) "Handicapped parking space" means any location designated by the posting of the signs provided in division (d) of this section. This space shall also include the endcap and the area immediately adjacent to said parking space which is denoted with hash marks or special paint and allows the handicapped person access to and from their vehicle.
(j) (1) Arrest or conviction for a violation of paragraph (e)(1)A. or B. hereof 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 of privilege, or made in connection with the person's appearance as a witness.
(2) Every fine collected under this section shall be paid by the clerk of the court to the Municipality. Except as provided in this section, the Municipality shall use the fine moneys it receives under this section to pay the expenses it incurs in complying with the signage and notice requirements contained in subsection (d) hereof. The Municipality may use up to fifty percent of each fine it receives under this section to pay the costs of educational, advocacy, support and assistive technology programs for persons with disabilities, and for public improvements within the Municipality that benefit or assist persons with disabilities, if governmental agencies or nonprofit organizations offer the programs.
(Adopting Ordinance)
(k) (1) All currently existing signs shall conform to this section within 180 days of the effective date hereof, but in no event shall such nonconformity affect the enforceability of this section after its effective date.
(2) If the offender previously has been warned pursuant to division (k)(1) above of a violation of division (g) hereof, the offender shall not be issued a warning but shall be fined twenty-five dollars ($25.00) for each parking location that is not properly marked or maintained in conformity with division (d) above. Each day in violation of this division shall constitute a separate offense.
(Ord. 2000-49. Passed 3-20-00; Ord. 2001-67. Passed 4-16-01; Ord. 2004-155. Passed 10-18-04.)
Statutory reference:
See Parking near curb, facing direction of travel; locations and privileges for walking-impaired persons, Ohio. R.C. 4511.69