(a) Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the curb side 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) (1) This subsection does not apply to streets or parts thereof where angle parking is lawfully permitted. However, no angle parking shall be permitted on a state route unless an unoccupied roadway width of not less than twenty-five feet is available for free-moving traffic.
(2) A. No angled parking space that is located on a state route within a municipal corporation is subject to elimination, irrespective of whether there is or is not at least twenty-five feet of unoccupied roadway width available for free-moving traffic at the location of that angled parking space, unless the municipal corporation approves of the elimination of the angled parking space.
B. Replacement, repainting or any other repair performed by or on behalf of the municipal corporation of the lines that indicate the angled parking space does not constitute an intent by the municipal corporation to eliminate the angled parking space.
(c) (1) A. Except as provided in subsection (c)(1)B. hereof, 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.
B. The operator of a motorcycle may back the motorcycle into an angled parking space so that when the motorcycle is parked it is facing in a direction other than the direction of travel on the side of the road or highway.
(2) The operator of a motorcycle may back the motorcycle into a parking space that is located on the side of, and parallel to, a road or highway. The motorcycle may face any direction when so parked. Not more than two motorcycles at a time shall be parked in a parking space as described in subsection (c)(2) of this section irrespective of whether or not the space is metered.
(d) Notwithstanding any provision of this Code or any rule, 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 Ohio Director of Transportation.
(e) 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 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 Ohio R.C. 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.
(f) 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.
(g) (1) A. No person shall stop, stand, or park any motor vehicle at special parking locations provided under subsection (f) 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 subsection (g)(1)A(i) or (g)(1)A(ii) of this section may be towed or otherwise removed from the parking location. 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 subsection (g)(1)A.(i) or (g)(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 Ohio R.C. 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 subsection (f) 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 subsection.
(h) 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.
(i) 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 by the City Engineer in consultation with a traffic engineer if deemed appropriate by the City Engineer, including verification that the proposed on-street parking location meets the requirements of this section. The City Engineer must approve the on-street parking for practicality and feasibility of traffic operations. Upon completion of the investigation and the approval, 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 any other requirements of the Codified Ordinances
(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 the City Engineer 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 spaces shall be provided to all those who are handicapped or disabled and shall be non-exclusive.
(7) 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 subsections (i)(1), (i)(2), (i)(3), (i)(4), (i)(5) and (i)(6) of this section.
(j) Any handicapped or disabled person as defined in subsection (e) 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 City Engineer. 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 Service Department shall install a sign or signs indicating that an on-street parking space is reserved for the exclusive use of handicapped persons.
(k) 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.
(l) 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.
(m) No owner of an office, facility, or parking garage where special parking locations are required to be designated in accordance with subsection (f) of this section 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.
(n) 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.
(o) (1) A. Whoever violates subsection (g)(1)A.(i) or (g)(1)A.(ii) of this section is guilty of a misdemeanor. Except as otherwise provided in subsection (o)(1)A. of this section, an offender who violates subsection (g)(1)A.(i) or (g)(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); provided that an offender who violates subsection (g)(1)A.(i) or (g)(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 subsection (g)(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.
(ii) At the time of the violation of subsection (g)(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.
B. In no case shall an offender who violates subsection (g)(1)A.(i) or (g)(1)A.(ii) of this section be sentenced to any term of imprisonment.
C. An arrest or conviction for a violation of subsection (g)(1)A.(i) or (g)(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.
D. Every fine collected hereunder shall be paid to the City in which the violation occurred. The City may use the fine moneys it receives under subsections (o)(1) and (o)(2) of this section to pay the expenses it incurs in complying with the signage and notice requirements contained in subsection (e) of this section. In addition, the City may use up to fifty percent (50%) of each fine received under subsections (o)(1) and (o)(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 subsection (m) of this section shall be punished as follows:
A. Except as otherwise provided in subsection (o)(2) 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 subsection (m) of this section or of a municipal ordinance that is substantially similar to that subsection, 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. Each day that a location described in subsection (m) herein is not properly marked or whose markings are not properly maintained shall constitute a separate offense.
(Ord. 49-2023. Passed 6-12-23.)