452.04 MANNER OF PARALLEL PARKING; HANDICAPPED PERSONS.
   (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)   A.   Except as provided in subsection (b)(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 (b)(2) of this section irrespective of whether or not the space is metered.
   (c)   Notwithstanding any provision of this Code, 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 flagman is on duty, or warning signs or lights are displayed as may be prescribed by the State.
   (d)   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 Municipality 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 subsection and Ohio R.C. 3781.111 (C) 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 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.
   (e)   (1)   No person shall stop, stand or park any motor vehicle at special parking locations provided under subsection (d) hereof, or at special clearly marked parking locations provided in or on privately owned parking lots, parking garages, or other parking areas designated in accordance with subsection (d) hereof, 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 plate.
      (2)   Any motor vehicle that is parked in a special marked parking location in violation of subsection (e)(1)A. or B. hereof may be towed or otherwise removed from the parking location by the Municipality. A motor vehicle that is towed or removed shall not be released to its owner until the owner presents proof or ownership of the motor vehicle and pays all towing and storage fees normally imposed by the Municipality 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 the person is the lessee of the motor vehicle and pays all towing and storage fees normally imposed by the Municipality for towing and storing motor vehicles.
      (3)   If a person is charged with a violation of subsection (e)(1)A. or B. hereof, it is an affirmative defense to the charge that the person suffered 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 Division (A)(1) of Section 4503.44 of the Ohio Revised Code.
   (f)   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.
(Ord. 09-2000. Passed 3-6-00.)
   (g)   No owner of an office, facility or parking garage where special parking locations must be designated in accordance with subsection (d) hereof, shall fail to properly mark the special parking locations as required by that subsection or fail to maintain the markings of the special locations, including the erection and maintenance of the fixed or movable signs.
   (h)   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.
   (i)   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 “removal windshield placard” mean any license plates or removal windshield placard or temporary removal windshield placard issued under Ohio R.C. 4503.41 or 4503.44, and also means any substantially similar license plates or removal windshield placard or temporary removable windshield placard issued by a state, district, country or sovereignty.
         (ORC 4503.44, 4511.69)
   (j)   Upon streets or other public ways or places where angle parking is permitted, no person shall stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway as is indicated by appropriate signs or markings.
   (k)   (1)   Whoever violates subsection (g) hereof shall be punished as follows:
         A.   If the offender has previously not been convicted of or pleaded guilty to a violation of subsection (g) hereof, or of Ohio R.C. 4511.69(H), or of another municipal ordinance that is substantially similar to that Division, the offender shall be issued a warning;
         B.   If the offender has previously been convicted or pleaded guilty to a violation of subsection (g) hereof, or of Ohio R.C. 4511.69(H), or of another municipal ordinance that is substantially similar to that Division, the offender shall be fined twenty-five dollars ($25.00) for each parking location that is not properly marked or whose markings are not properly maintained.
      (2)   Whoever violates any other provision of this section, except for a violation of Section 452.04 (e), shall constitute a minor misdemeanor, but in no event shall the actual penalty therefore be less than five dollars ($5.00). Whoever violates Section 452.04 (e) shall be guilty of an unclassified misdemeanor the penalty provisions for which shall be in accordance with the provisions of Ohio R.C. 4511.99(P) shall not be fined less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
         (Ord. 09-2000. Passed 3-6-00.)