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Fairlawn Overview
City of Fairlawn, Ohio Code of Ordinances
CITY OF FAIRLAWN, OHIO CODE OF ORDINANCES
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART FIFTEEN - PROPERTY MAINTENANCE CODE
PART SIXTEEN - FIRE PREVENTION CODE
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452.01   PROHIBITION AGAINST PARKING ON STREETS OR HIGHWAYS.
   (a)   (1)   Upon any highway, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the highway if it is practicable to stop, park, or so leave such vehicle off the paved or main traveled part of the highway. In every event a clear and unobstructed portion of the highway opposite such standing vehicle shall be left for the free passage of other vehicles, and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway.
      (2)   This section does not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.
   (b)   Except as otherwise provided in this division, 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.
(ORC 4511.66)
452.02   POLICE MAY REMOVE ILLEGALLY PARKED VEHICLE.
   (a)   Whenever any police officer finds a vehicle standing upon a highway in violation of Ohio R.C. 4511.66 or a substantially similar municipal ordinance, such officer may move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or improved or main traveled part of such highway.
   (b)   Whenever any police officer finds a vehicle unattended upon any highway, bridge, or causeway, or in any tunnel, where such vehicles constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle to the nearest garage or other place of safety.
(ORC 4511.67; Ord. 1975-72. Passed 7-21-75.)
452.03   PROHIBITED STANDING OR PARKING PLACES.
   (a)   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 title, or while obeying the directions of a police officer or a traffic-control device, in any of the following places:
      (1)   On a sidewalk, except a bicycle;
      (2)   In front of a public or private driveway;
      (3)   Within an intersection;
      (4)   Within ten feet of a fire hydrant;
      (5)   On a crosswalk;
      (6)   Within 20 feet of a crosswalk at an intersection;
      (7)   Within 30 feet of, and upon the approach to, any flashing beacon, stop sign, or traffic- control device;
      (8)   Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by a traffic-control device;
      (9)   Within fifty (50) feet of the nearest rail of a railroad crossing;
      (10)   Within twenty (20) 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 (75) feet of the entrance when it is properly posted with signs;
      (11)   Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;
      (12)   Alongside any vehicle stopped or parked at the edge or curb of a street;
      (13)   Upon any bridge or elevated structure upon a highway, or within a highway tunnel;
      (14)   At any place where signs prohibit stopping;
      (15)   Within one (1) foot of another parked vehicle;
      (16)   On the roadway portion of a freeway, expressway, or thruway;
(Ord. 1975-72. Passed 7-21-75.)
      (17)   On the west side of South Miller Road within the limits of the dedicated portion of such street from West Market Street to Ridgewood Road or on the east side of South Miller Road from West Market Street to the corporation line, being a point about one hundred fifty (150) feet south of Juno Drive;
(Ord. 1966-136. Passed 10-24-66.)
      (18)   Parking in the driveway of Fort Island School during restricted hours as posted by signs;
      (19)   On the east and west sides of Cleveland-Massillon Road within the City of Fairlawn boundaries;
      (20)   Both sides of the north and south driveway access to the Learning Resource Center parking lot;
      (21)   Both sides of the north and south driveway access to Griffiths Park parking lot;
(Ord. 2002-107. Passed 12-16-02; Ord. 2004-112. Passed 1-24-05.)
      (22)   On the north side of Dowling Dr. from Trunko Road west to Edington Road within the City of Fairlawn boundaries;
      (23)   On the west side of Beaumont Drive from Dowling Drive to Calderwood Drive.
(Ord. 2011-031. Passed 5-16-11.)
   (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) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.68; Ord. 1975-72. Passed 7-21-75.)
452.04   MANNER OF PARALLEL PARKING.
   (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 (12) inches from the right-hand curb, unless it is impossible to approach so close to the curb; in such case the stop shall be made as close to the curb as possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise. Local authorities by ordinance may permit angle parking on any roadway under their jurisdiction, except that angle parking shall not be permitted on a state route within the Municipality unless an unoccupied roadway width of not less than twenty-five (25) feet is available for free-moving traffic.
   (b)   Local authorities by ordinance may permit parking of vehicles with the left-hand wheels adjacent to and within twelve (12) inches of the left-hand curb of a one (1) way roadway.
(ORC 4511.69(A), (B))
   (c)   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.
   (d)   Notwithstanding any statute or any rule, regulation, resolution, or ordinance, 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 or highway, 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 Director of Transportation.
(ORC 4511.69(D))
   (e)   Whoever violates division (a) or (c) of this section is guilty of a minor misdemeanor.
(Ord. 1975-72. Passed 7-21-75.)
   (f)   On streets where no curb exists, vehicles shall be stopped or parked with the right-hand wheels of such vehicle parallel with and as near the right-hand side of such street as practicable.
   (g)   The above provisions of this section shall apply on streets which have been designated for one (1) way traffic, except that on such streets parking is permitted on the left side of such streets unless prohibited by official signs or markings.
(1960 Code Sec. 26.8)
452.05   WILLFULLY LEAVING VEHICLES ON PRIVATE OR PUBLIC PROPERTY.
   (a)   The chief of a law enforcement agency of the municipal corporation, within the chief's territorial jurisdiction, or a state highway patrol trooper, upon notification to the chief of such action and of the location of the place of storage, may order into storage any motor vehicle, including an abandoned junk motor vehicle as defined in Ohio R.C. 4513.63, that:
      (1)   Has come into the possession of the chief or state highway patrol trooper as a result of the performance of the chief's or trooper's duties; or
      (2)   Has been left 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 48 hours or longer without notification to the chief of the reasons for leaving the motor vehicle in such place. However, when such a motor vehicle constitutes an obstruction to traffic it may be ordered into storage immediately unless either of the following applies:
         A.   The vehicle was involved in an accident and is subject to Ohio R.C. 4513.66, or any substantially equivalent municipal ordinance;
         B.   The vehicle is a commercial motor vehicle. If the vehicle is a commercial motor vehicle, the chief or state highway patrol trooper shall allow the owner or operator of the vehicle the opportunity to arrange for the removal of the motor vehicle within a period of time specified by the chief or state highway patrol trooper. If the chief or state highway patrol trooper determines that the vehicle cannot be removed within the specified period of time, the chief or state highway patrol trooper shall order the removal of the vehicle.
      (3)   Subject to division (c) of this section, the chief shall designate the place of storage of any motor vehicle so ordered removed.
   (b)   If the chief or a state highway patrol trooper issues an order under division (a) of this section and arranges for the removal of a motor vehicle by a towing service, the towing service shall deliver the motor vehicle to the location designated by the chief not more than two hours after the time it is removed.
   (c)   (1)   The Sheriff or Chief of Police shall cause a search to be made of the records of an applicable entity listed in Ohio R.C. 4513.601(F)(1) to ascertain the identity of the owner and any lienholder of a motor vehicle ordered into storage by the Sheriff or Chief of Police, or by a state highway patrol trooper within five business days of the removal of the vehicle. Upon obtaining such identity, the Sheriff or Chief of Police shall send or cause to be sent to the owner or lienholder at the owner's or lienholder's last known address by certified or express mail with return receipt requested, by certified mail with electronic tracking, or by a commercial carrier service utilizing any form of delivery requiring a signed receipt. The notice shall inform the owner or lienholder that the motor vehicle will be declared a nuisance and disposed of if not claimed within ten days of the date of the sending of the notice.
      (2)   A.   The owner or lienholder of the motor vehicle may reclaim the motor vehicle upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title or memorandum certificate of title to the motor vehicle, a certificate of registration for the motor vehicle, or a lease agreement. Upon presentation of proof of ownership evidenced as provided above, the owner of the motor vehicle also may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. However, a towing service or storage facility may charge an after-hours retrieval fee established by the Public Utilities Commission in rules adopted under Ohio R.C. 4921.25 if the owner retrieves the personal items after hours, unless the towing service or storage facility fails to provide the notice required under Ohio R.C. 4513.69(B)(3), if applicable. However, the owner shall not do either of the following:
            1.   Retrieve any personal item that has been determined by the chief or a state highway patrol trooper, as applicable, to be necessary to a criminal investigation;
            2.   Retrieve any personal item from a vehicle if it would endanger the safety of the owner, unless the owner agrees to sign a waiver of liability.
         B.   For purposes of division (c)(2) of this section, “personal items” do not include any items that are attached to the vehicle.
      (3)   If the owner or lienholder of the motor vehicle reclaims it after a search of the applicable records has been conducted and after notice has been sent to the owner or lienholder as described in this section, and the search was conducted by the place of storage, and the notice was sent to the motor vehicle owner by the place of storage, the owner or lienholder shall pay to the place of storage a processing fee of $25, in addition to any expenses or charges incurred in the removal and storage of the vehicle.
   (d)   If the owner or lienholder makes no claim to the motor vehicle within ten days of the date of sending the notice, and if the vehicle is to be disposed of at public auction as provided in Ohio R.C. 4513.62 or any substantially equivalent municipal ordinance, the Sheriff or Chief of Police, without charge to any party, shall file with the Clerk of Courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of this section. Upon presentation of the affidavit, the Clerk, without charge, shall issue a salvage certificate of title, free and clear of all liens and encumbrances, to the Sheriff or Chief of Police. If the vehicle is to be disposed of to a motor vehicle salvage dealer or other facility as provided in Ohio R.C. 4513.62 or any substantially equivalent municipal ordinance, the Sheriff or Chief of Police shall execute in triplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with. The Sheriff or Chief of Police shall retain the original of the affidavit for the Sheriff's or Chief's records, and shall furnish two copies to the motor vehicle salvage dealer or other facility. Upon presentation of a copy of the affidavit by the motor vehicle salvage dealer, the Clerk of Courts, within 30 days of the presentation, shall issue a salvage certificate of title, free and clear of all liens and encumbrances.
   (e)   Whenever a motor vehicle salvage dealer or other facility receives an affidavit for the disposal of a motor vehicle as provided in this section, the dealer or facility shall not be required to obtain an Ohio certificate of title to the motor vehicle in the dealer's or facility's own name if the vehicle is dismantled or destroyed and both copies of the affidavit are delivered to the clerk of courts.
   (f)   No towing service or storage facility shall fail to comply with this section.
(R.C. § 4513.61)
   (g)   Abandonment of Junk Motor Vehicle Prohibited.
      (1)   A.   No person shall willfully leave an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, on private property for more than 72 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 48 hours or longer without notification to the chief of a law enforcement agency of the municipal corporation of the reason for leaving the motor vehicle in that place.
         B.   For purposes of this division (g)(1), the fact that a motor vehicle has been so left without permission or notification is prima facie evidence of abandonment.
         C.   Nothing contained in this section and R.C. §§ 4513.60, 4513.61 and 4513.63 shall invalidate or prevent the enactment of further provisions of municipal ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property or private property within the municipality.
      (2)   Whoever violates this division (g) is guilty of a minor misdemeanor and shall also be assessed any costs incurred by the municipality in disposing of the abandoned junk motor vehicle, less any money accruing to the municipality from the disposal.
(ORC 4513.64)
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