(a) General Prohibitions. 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 as provided in division (b) of this section;
(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 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 50 feet of the nearest rail of a railroad crossing;
(10) 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;
(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 foot of another parked vehicle;
(16) On the roadway portion of a freeway, expressway, or thruway. (Ord. 1928. Passed 12-10-73.)
(17) On any portion of the grass lawn of any municipal park or recreational area. (Ord. 80-025. Passed 8-11-80.)
(18) On a tree lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized.
(19) A designated public or private fire lane. (Ord. 00-022. Passed 5-29-01.)
(b) Specific Limitations on Parking.
(1) For purposes of this division (b), the following definitions shall apply:
B. "Residential premises" mean those premises located within residentially-zoned districts in the City or any premises that is used in whole or in part as a dwelling.
C. "Sound operating condition" means a motor vehicle or watercraft capable of being immediately used for its designed and intended purposes. Any motor vehicle parked, stored, or kept at or near the same location for more than 30 consecutive days, or missing a tire, wheel, engine, transmission, windshield and/or door shall be presumed not to be in sound operating condition.
D. "Watercraft" means any watercraft including boats, ships, skiffs, barges, water vessels, jet skis or other personal water crafts.
(2) No motor vehicle owner or person in charge or control of any residential premises within the City, whether as owner, tenant, lessee, occupant, or otherwise, shall allow to be parked, kept or stored on the exterior area of such premises any of the following:
A. A motor vehicle which is not properly licensed for immediate use on public streets; or
B. A motor vehicle which is not in sound operating condition.
(3) No watercraft owner or person in charge or control of any residential premises within the City, whether as owner, tenant, lessee, occupant, or otherwise, shall allow to be parked, kept or stored on the exterior area of such premises any of the following:
A. A watercraft which is not properly licensed for immediate use on the water; or
B. A watercraft which is not in sound operating condition.
(4) The exterior parking, keeping or storage of motor vehicles or watercraft on residential premises, that is not otherwise prohibited by this section, shall also be limited to the following locations:
A. If a driveway exists on the premises on which motor vehicles or watercraft are parked, kept or stored, then such motor vehicles or watercraft shall only be parked, kept or stored on the driveway. The street entrance to the driveway must be accessed by a curb cut approved by the City of Kenton.
B. If on the premises where motor vehicles or watercraft are parked, kept or stored there exists insufficient driveway space to accommodate such motor vehicles or watercraft, then not more than two motor vehicles and/or watercraft may be parked, kept or stored in the rear yard or side yard. All motor vehicles, except for "trailers" as described in Section 402.50, shall be parked, kept, or stored upon a hard surface (concrete, asphalt, crushed stone or stone aggregate, or pavers) as approved by the City of Kenton for no greater than 400 square feet in size, that accommodates no more than two motor vehicles, and that is accessible from the driveway or public right-of-way.
(5) If the locations provided in division (b)(4) of this section will not reasonably accommodate the exterior parking, keeping, or storage on any residential premises of those motor vehicles or watercraft that are not otherwise prohibited by this section, then the Board of Zoning Appeals as established under Chapter 1242 of this Code of Ordinances is authorized to grant an "Off-Street Parking Permit" upon application therefor and under such terms and conditions that the Board of Zoning Appeals determines to be reasonable and equitable. The fee for such permit shall be one hundred fifty dollars ($150.00).
A. Prior to filing an application with the Board of Zoning Appeals, the Safety-Service Director shall conduct an inspection of the residential premises to determine the feasibility of the proposed, additional parking surface, and if an application is filed, provide recommendations to the Board of Zoning Appeals. The fee for such inspection shall be twenty- five dollars ($25.00).
B. Upon filing an application with the Board of Zoning Appeals, the applicant's immediate neighbors shall be given notice of the application and hearing by ordinary U.S. mail.
C. In considering an application for an "Off-Street Parking Permit," the Board of Zoning Appeals shall be guided by the following objectives:
1. Non-rear yard motor vehicle parking, keeping, or storage should be upon hard surfaces (concrete, asphalt, crushed stone or stone aggregate, or pavers) as approved by the City of Kenton no greater than 400 square feet in size, that accommodates no more than two motor vehicles and/or watercraft, and that is accessible from the driveway or public right-of-way.
2. Only one hard surface should be permitted within the area comprising the front and side yards and such hard surface should be located no less than ten feet from any property line.
3. The interests of an applicant's immediate neighbors and the general public should be given due consideration.
(6) The exterior parking, keeping, or storage of motor vehicles in areas of the City of Kenton that are other than residential premises as defined hereunder shall be on hard surfaces (concrete, asphalt, crushed stone or stone aggregate, or pavers) as approved by the City of Kenton.
A. The parking, keeping, and storage of motor vehicles or watercraft in areas of the City of Kenton that are other than residential premises is further limited to motor vehicles and watercraft in sound operating condition, and which are properly licensed for immediate use on public streets or waterways, except:
1. Motor vehicles or watercraft parked or stored on new or used motor vehicle or watercraft sales lots which are operable but unlicensed.
2. Licensed motor vehicles or watercraft parked or stored while in the temporary care of a motor vehicle or watercraft service business in compliance with the City of Kenton Zoning Code.
3. Motor vehicles or watercraft parked or stored on premises operating as a junk or dismantling business in compliance with the City of Kenton Zoning Code and Ohio law.
(7) This section shall not apply to a motor vehicle or watercraft under major mechanical repair or overhaul, including body work, provided that such work is performed inside a structure which is appropriate to be used for such purposes in accordance with state or local zoning, building, fire, or other applicable codes.
(8) Upon a determination by any City Police Officer or the Safety-Service Director that any division hereof is being violated, a Police Officer shall cause a written notice to be served upon the owner, lessee, agent, tenant, occupant or person having control of such land, and the registered owner of the motor vehicle or watercraft, as the violator(s), notifying such person(s) that the offending motor vehicle or watercraft must be removed or relocated to an area in compliance with these provisions within five days after service of such notice. Such written notice shall contain:
A. The name of the violator.
B. The property address at which the motor vehicle or watercraft is located.
C. The make and model of the motor vehicle or watercraft, if available.
D. The license plate number, if any.
E. The motor vehicle or watercraft identification number (VIN), if available.
F. A description of the condition of said motor vehicle or watercraft.
G. A statement to the effect that the person in charge or in control of the private property upon which such motor vehicle or watercraft is located and the titled owner of such motor vehicle or watercraft are jointly and severally liable for all costs incurred by the City of Kenton for the removal, storage and disposal of such motor vehicle or watercraft, plus an administrative fee in the amount of two hundred fifty dollars ($250.00).
H. A notice of any right to appeal.
(9) Such written notice shall be served as provided in Rules 4 and 4.1 of the Ohio Revised Code.
(10) If the owner, lessee, agent or person having charge of the land, or the registered owner of the motor vehicle or watercraft, served with the notice, fails to remove such motor vehicle or watercraft as required herein, the Safety-Service Director or Police Department is authorized to remove and impound any such motor vehicle or watercraft remaining at any place within the City of Kenton in violation of this section. Such motor vehicle or watercraft shall be impounded until lawfully claimed or disposed of. Upon impounding of a motor vehicle or watercraft a photograph shall be taken of the same, and an inventory search shall be conducted.
(11) All expenses related to the removal and impoundment of such motor vehicle or watercraft by the City of Kenton shall be paid by the owner or other person in charge or control of such property. The expenses shall consist of the following:
A. All direct costs for the removal and impoundment of the motor vehicle or watercraft; plus
B. The costs for preparing and serving all notices; plus
C. An administrative fee in the amount of two hundred fifty dollars ($250.00).
(12) In the event that the owner or other person in charge or control of such property, and/or the title owner of said motor vehicle or watercraft, fails to pay such expenses within 30 days after being notified in writing, by regular U.S. mail, of the amount thereof by the City of Kenton, the expenses set forth in division (b)(11) of this section may be collected using one or more of the following methods, provided that the expenses may only be collected once:
A. Such expenses may be certified to the County Auditor and placed upon the tax duplicate for collection and thereupon shall be collected as other taxes and assessments; or
B. The Director of Law is authorized to bring suit and take other necessary legal action to collect all such expenses.
(13) The owner, lessee, agent, tenant or person otherwise having charge or control of such premises, and the titled owner of such motor vehicle or watercraft, are jointly and severally liable for all expenses incurred by the City as set forth in division (b)(11) of this section.
(14) The movement of a motor vehicle or watercraft in violation of this section to any other location within the City limits that does not abate the violation under this section shall not constitute compliance with this section.
(15) Any person who has received notice to remove a motor vehicle or watercraft under this section may appeal to the Board of Zoning Appeals. An appeal must be filed within five days after service of the notice, excluding Saturdays, Sundays and holidays, together with a fee of twenty-five dollars ($25.00) for the cost of the appeal. The twenty-five dollars ($25.00) will be refunded if the appeal is successful. The scope of the appeal shall be limited to: (A) determining whether the person requesting such appeal is in charge or in control of the real property involved or is the registered owner of the motor vehicle or watercraft involved and (B) whether the parking, keeping or storage of the motor vehicle or watercraft involved is in violation of this section. At such appeal, the appellant must appear in person, and the City and the appellant may introduce such witnesses and evidence as each party deems necessary. The appeal provision provided herein shall be the exclusive method of appeal of notices of violations of this section.
(c) Parking of Motor-Driven Cycle, Motor Scooter, Bicycle, or Electric Bicycle. A person shall be permitted, without charge or restriction, to stand or park on a sidewalk a motor-driven cycle or motor scooter that has an engine not larger than 150 cubic centimeters, or a bicycle or electric bicycle, provided that the motor-driven cycle, motor scooter, bicycle, or electric bicycle does not impede the normal flow of pedestrian traffic. This division does not authorize any person to operate a vehicle in violation of R.C. § 4511.711, or any substantially equivalent municipal ordinance.
(d) Penalties. Except as otherwise provided in this division, whoever violates division (a) or (b) of 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 offenses under division (a) or (b) of this section, 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 offenses under division (a) or (b) of this section, whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 20-026. Passed 8-24-20.)