452.01 Prohibition against parking on streets or highways.
452.02 Police may remove illegally parked vehicle; ignition key.
452.03 Prohibited standing or parking places.
452.04 Manner of parallel and angle parking.
452.05 Willfully leaving vehicles on private or public property.
452.055 Parking prohibitions on private property; private tow-away zones.
452.06 Unattended vehicles; duty to lock ignition, remove key, set brake, etc.
452.07 Opening doors on side available to traffic.
452.08 Selling, washing or repairing vehicle upon roadway; use for business purposes.
452.09 Truck loading zones.
452.10 Bus stops and taxicab stands.
452.11 Parking in alleys and narrow streets; exceptions.
452.12 Snow emergencies.
452.13 Overnight parking.
452.14 Parking on tree lawns.
452.15 Diagonal parking on North and South Broadway.
452.16 Parking of trailers.
452.17 Registered owner prima facie liable for unlawful parking.
452.18 Waiver.
452.19 Handicapped parking.
CROSS REFERENCES
See section histories for similar State law
Parking defined - see TRAF. 402.23
Stop defined - see TRAF. 402.41
Stopping and standing defined - see TRAF. 402.43
Impounding; redemption - see TRAF. 404.05
Parking near stopped fire apparatus - see TRAF. 432.25
Lights on parked or stopped vehicles - see TRAF. 438.09
Parking of bicycles; locks - see TRAF. 474.08
Parking of commercial vehicles in CBD Central Business District - see P. & Z. 1272.09
(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.
(ORC 4511.66)
(b) Except as provided in Section 408.01(b) and (c), whoever violates this section is guilty of a minor misdemeanor.
(a) Whenever any police officer finds a vehicle standing upon a highway in violation of Ohio R.C. 4511.66 or this Traffic Code, 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)
(c) A law enforcement officer may remove the ignition key left in the ignition switch of an unlocked and unattended motor vehicle parked on a street or highway. The officer removing the key shall place notification upon the vehicle detailing his or her name and badge number, the place where the key may be reclaimed, and the procedure for reclaiming the key. The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership.
(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) On a crosswalk;
(5) Within 20 feet of a crosswalk at an intersection;
(6) Within 30 feet of, and upon the approach to, any flashing beacon, stop sign, or traffic-control device;
(7) Between a safety zone and the adjacent curb or within 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;
(8) Within 50 feet of the nearest rail of a railroad crossing;
(9) Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;
(10) Alongside any vehicle stopped or parked at the edge or curb of a street;
(11) Upon any bridge or elevated structure upon a highway, or within a highway tunnel;
(12) At any place where signs prohibit stopping;
(13) On any public property where signs prohibit parking or set restrictions.
(14) Within one foot of another parked vehicle;
(15) On the roadway portion of a freeway, expressway, or thruway.
(16) In any parking space designated as “Permit Only” parking without a conspicuously displayed applicable parking permit.
(17) Within 10 feet of a fire hydrant or in a fire lane;
(18) Within 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 75 feet of the entrance when it is properly posted with signs;
(19) In any designated “Emergency Tow Zone”.
(b) The Chief of Police, or an authorized agent representing the entity of any public property, may temporarily suspend the parking prohibition or restriction for exigent conditions or need.
(c) Whoever violates subsections (1) through and including (15) of this section shall be fined not more than twenty dollars ($20.00). Whoever violates subsections (16) through and including (18) shall be fined not more than thirty dollars ($30.00). Violations of subsections (1) through and including (18) shall be subject to towing.
(Ord. 2864. Passed 2-28-05; Ord. 2869. Passed 4-25-05; Ord. 3133. Passed 2-10-14.)
(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 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 25 feet is available for free-moving traffic.
(b) 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.
(Ord. 2869. Passed 4-25-05.)
(c) 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.
(a) The County Sheriff or Chief of Police, within the Sheriff’s or Chief’s respective territorial jurisdiction, or a State highway patrol trooper, upon notification to the Sheriff or Chief of Police 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 Sheriff, Chief of Police, or State highway patrol trooper as a result of the performance of the Sheriff’s, 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 Sheriff or Chief of Police 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 this Traffic Code;
B. The vehicle is a commercial motor vehicle. If the vehicle is a commercial motor vehicle, the Sheriff, Chief of Police, 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 Sheriff, Chief of Police, or State highway patrol trooper. If the Sheriff, Chief of Police, or State highway patrol trooper determines that the vehicle cannot be removed within the specified period of time, the Sheriff, Chief of Police, or State highway patrol trooper shall order the removal of the vehicle.
(3) Subject to division (c) of this section, the Sheriff or Chief of Police shall designate the place of storage of any motor vehicle so ordered removed.
(b) If the Sheriff, Chief of Police, 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 Sheriff or Chief of Police 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 the Bureau of Motor Vehicles 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 mail with return receipt requested, notice that informs 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 mailing 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 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 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 Sheriff, Chief of Police, 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 records of the Bureau of Motor Vehicles 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 mailing of the notice, and if the vehicle is to be disposed of at public auction as provided in Ohio R.C. 4513.62 or the Geneva Ordinances, 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 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 to such owner 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.
(ORC 4513.61)
(g) 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 Police Chief of the reason for leaving the motor vehicle in such place. No person shall willfully leave an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, or an inoperable motor vehicle, or an unregistered motor vehicle in any “Permit Only” parking space for more than 48 hours.
(h) Whoever violates this section is guilty of a minor misdemeanor and shall also be assessed any costs incurred by the Municipality in disposing of such abandoned junk motor vehicle, less any money accruing to the Municipality from such disposal.
(ORC 4513.64) (Ord. 2864. Passed 2-28-05; Ord. 2962. Passed 3-24-08.)
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