(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 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 a Municipal corporation unless an unoccupied roadway width of not less than twenty-five 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 inches of the left-hand curb of a one-way roadway.
(c) No vehicle or trackless trolley shall be stopped or parked on a road or highway with the vehicle or trackless trolley 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, resolution, or ordinance adopted by any local authority, 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.
(e) 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 all political subdivisions and by the state 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 in accordance with this division and division (C) Ohio R.C. 3781. 111 [3781.11. 1] shall be mounted on a fixed or movable post, and the distance from the ground to the top edge of the sign shall measure five feet. If a new sign or a replacement sign designating a special parking location is posted on or after the effective date of this amendment, 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.
(f) (1) No person shall stop, stand, or park any motor vehicle at special parking locations provided under division (e) 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:
A. 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;
B. 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.
(2) Any motor vehicle that is parked in a special marked parking location in violation of division (f)(1)A. or B. of this section may be towed or otherwise removed from the parking location by the law enforcement agency of the political subdivision in which the parking location is located. 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.
(3) If a person is charged with a violation of division (f)(1)A. or B. of this section, it is an affirmative defense to the charge that the person suffered an injury not more than seventy-two 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 division (A)(1) of Ohio R.C. 4503.44.
(g) 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 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.
(h) No owner of an office, facility, or parking garage where special parking locations area required to be designated in accordance with division (e) 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.
(i) 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
(j) 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 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 4503.44, and also mean any substantially equivalent license plates or removable windshield placard or temporary, removable windshield placard issued by a state, district, country, or sovereignty.
(k) Whoever violates division (a) or (c) of Section 452.04 of the Codified Ordinances is guilty of a minor misdemeanor.
(l) Whoever violates division (h) of Section 452.04 of the Codified Ordinances shall be punished as follows:
(1) Except as otherwise provided in division (l)(2) of this section, the offender shall be issued a warning.
(2) If the offender previously has been convicted of or pleaded guilty to a violation of division (h) of Section 452.04 of the Codified Ordinances, the offender shall not be issued a warning but shall be fined twenty-five dollars ($25.00) for each parking location that is not properly marked or whose markings are not properly maintained.
(m) (1) Whoever violates division (f)(1)A. or B. of Section 452.04 of the Codified Ordinances is guilty of a minor misdemeanor and shall not be fined more than one hundred dollars ($100.00).
(2) Arrest or conviction for a violation of division (f)(1)A. or B. of Section 452.04 of the Codified Ordinances does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to 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.
(3) Every fine collected under this division shall be paid by the clerk of the court to the political subdivision in which the violation occurred. Except as provided in this division, the political subdivision shall use the fine monies it receives under this division to pay the expenses it incurs in complying with the signage and notice requirements contained in division (e) of Section 452.04 of the Codified Ordinances. The political subdivisions may use up to fifty per cent of each fine it receives under this division to pay the costs of educational, advocacy, support, and assistive technology programs for persons with disabilities, and for public improvements within the political subdivision that benefit or assist persons with disabilities. of governmental agencies or nonprofit organizations offer the programs.
(Ord. 00-022. Passed 5-29-01.)