(a) Definitions. 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 about without the aid of crutches or a wheelchair, or whose mobility is restricted by a permanent cardiovascular, pulmonary or other handicapping condition, and as defined in Ohio R.C. 4112.01 and in Ohio R.C. 4503.44(A)(1).
(2) “License plate or parking card for handicapped persons” means a plate or card issued pursuant to Ohio R.C. 4503.10.1 or 4503.44 or a substantially similar license or plate issued by a state, district, country or sovereignty with which the Ohio Director of Public Safety has an active reciprocity agreement as authorized by law.
(b) Public Parking for Handicapped Persons.
(1) The Director of Public Safety or his or her designee is hereby authorized to designate, on public property, special parking places of suitable size and location, for the exclusive use of handicapped persons and persons transporting handicapped persons.
(2) No person shall stop, stand or park in a clearly marked space reserved for handicapped persons under this section unless the motor vehicle is being operated by or is being used for the transport of a person with a disability and for either of whom a valid handicapped license plate or a valid removable handicapped parking card was issued and such valid handicapped license plate is affixed to the motor vehicle as required by law or the valid removable handicapped parking card is displayed in the windshield of the motor vehicle as required by law.
(3) No person shall stop, stand or park a motor vehicle within 12 inches of a handicapped access ramp leading from the street or parking area to a sidewalk or other public access area unless it is in the process of depositing or picking up a person with a disability.
(c) Private Parking for Handicapped Persons.
(1) Owners of private property shall designate on their property special parking places of suitable size and location for the exclusive use of handicapped persons and persons transporting handicapped persons when required, pursuant to these Codified Ordinances and Ohio R.C. 3781.11.1.
(2) No person shall stop, stand or park in a clearly marked space reserved for handicapped persons under this section unless the motor vehicle is being operated by or is being used for the transport of a person with a disability and for either of whom a valid handicapped license plate or a valid removable handicapped parking card was issued and such valid handicapped license plate is affixed to the motor vehicle as required by law or the valid
removable handicapped parking card is displayed in the windshield of the motor vehicle as required by law.
(3) No person shall stop, stand or park a motor vehicle within 12 inches of a handicapped access ramp leading from the street or parking area to a sidewalk or other public access area unless it is in the process of depositing or picking up a person with a disability.
(d) Signs for Handicapped Parking. Each space designated under this section for handicapped parking shall be identified through the posting of an elevated sign, either permanently fixed or movable, imprinted with the international symbol of access and located reasonably close to exits, entrances, elevators and ramps. The distance from the ground to the bottom edge of the sign shall measure not less than five feet. For all new and replaced signs from the effective date of this section, there also shall be affixed upon the surface of each sign designating a special parking location 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. Each handicapped sign shall comply with the requirements of the “Manual of Uniform Traffic Control Devices” issued by the Ohio Department of Transportation, as revised.
(e) Maintenance of Signs. No owner of real property where special parking locations are required to be designated in accordance with division (d) 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.
(f) Towing. Any motor vehicle that is parked in violation of division (b)(2) or (c)(2) of this section may be towed or otherwise removed from the parking location by the Police Division.
(g) Arrest or Conviction. Arrest or conviction for a violation 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.
(h) Penalty. If a person commits a parking infraction in violation of divisions (b) and (c) of this section, the fine shall be not less than $250.00 nor more than $500.00, but in no case shall an offender be sentenced to any term of imprisonment. Whoever violates division (e) of this section shall be punished as follows:
(1) Except as provided in division (h)(2) of this section, the offender shall be issued a warning.
(2) If the offender previously has been convicted or pleaded guilty to a violation of division (e) of this section, the offender shall not be issued a warning, but shall be fined $25.00 for each parking location that is not properly marked or whose markings are not properly maintained.
(Ord. 1999-120. Passed 11-15-99; Ord. 2002-012. Passed 3-4-02; Ord. 2002-110A. Passed 12-16-02. Ord. 2022-068. Passed 12-5-22.)