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(a) Whenever any police officer finds a vehicle standing upon a street or highway in violation of Section 452.01, he 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 street or highway.
(Ord. 1300. Passed 11-5-73.)
(b) Whenever any police officer finds a vehicle unattended upon any street, bridge or causeway, or in any tunnel, where such vehicle 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)
(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 Traffic Code, or while obeying the directions of a police officer or a traffic control device, in any of the following places:
(1) On a sidewalk, curb or street lawn area, except as provided in subsection (b) hereof;
(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 twenty feet of a crosswalk at an intersection;
(7) Within thirty 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 thirty feet of points on the curb immediately opposite the end of a safety zone, unless a different length is indicated by a traffic control device;
(9) Within fifty feet of the nearest rail of a railroad crossing;
(10) Within twenty feet of a driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within seventy- five 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 other elevated structure upon a street, or within a street tunnel;
(14) At any place where signs prohibit stopping, standing or parking, or where the curbing or street is painted yellow, or at any place in excess of the maximum time limited by signs;
(15) Within one foot of another parked vehicle;
(16) On the roadway portion of a freeway, expressway or thruway.
(b) A person is 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, a low-speed micromobility device, or a bicycle or electric bicycle, provided that the motor-driven
cycle, motor scooter, low-speed micromobility device, bicycle, or electric bicycle does not impede the normal flow of pedestrian traffic. This subsection does not authorize any person to operate a vehicle in violation of Section 438.37, or any substantially equivalent municipal ordinance.
(c) Except as otherwise provided in this subsection, whoever violates 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 predicate motor vehicle or traffic offense, 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 predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.68)
(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.)
(a) (1) The Chief of Police of the municipality, upon complaint of any person adversely affected, may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in Ohio R.C. 4513.63, that has been left on private residential or private agricultural property for at least four hours without the permission of the person having the right to the possession of the property. The Chief of Police, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. The place of storage shall be designated by the Chief of Police. When ordering a motor vehicle into storage pursuant to this subsection, the Chief of Police shall, whenever possible, arrange for the removal of the motor vehicle by a private tow truck operator or towing company. Subject to Section 452.055(f) of this Code, the owner of a motor vehicle that has been removed pursuant to this subsection may recover the vehicle only in accordance with Section 452.055(j) of this code.
(2) Subsection (a)(1) through (3) hereof do not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with Section 452.055.
(3) As used in subsections (a)(1) and (2) hereof, “private residential property” means private property on which is located one or more structures that are used as a home, residence or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. “Private residential property” does not include any private property on which is located one or more structures that are used as a home, residence or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.
(ORC 4513.60(A))
(b) (1) The Chief of Police of the municipality may order into storage any motor vehicle, including an abandoned junk motor vehicle as defined in Ohio R.C. 4513.63, that has come into the possession of the Chief of Police as a result of the Chief of Police’s duties or that 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 Chief of Police of the reasons for leaving the motor vehicle in such place, except that when such motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately. The Chief of Police shall designate the place of storage of any motor vehicle so ordered removed.
(2) The Chief of Police immediately shall cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the owner and any lienholder of a motor vehicle ordered into storage by the Chief of Police, and if known, shall send or cause to be sent notice to the owner or lienholder at his or her last known address by certified mail with return receipt requested, 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. The owner or lienholder of the motor vehicle may reclaim it 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 to the motor vehicle. If the owner or lienholder of the motor vehicle reclaims it after a search of the records of the Bureau has been conducted and after notice has been sent to the owner or lienholder as described in this subsection, and the search was conducted by the owner of the place of storage or the owner’s employee, and the notice was sent to the motor vehicle owner by the owner of the place of storage or the owner’s employee, 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.
(3) If the owner or lienholder makes no claim to the motor vehicle within ten days of the date of mailing the notice, and if the vehicle is to be disposed of at public auction as provided in Ohio R.C. 4513.62, the Chief of Police 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 Ohio R.C. 4513.61. 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 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, the 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, and that all requirements of R.C. 4513.61 have been complied with. The Chief of Police shall retain the original of the affidavit for his or her 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 will issue to such owner a salvage certificate of title, free and clear of all liens and encumbrances.
(4) Whenever a motor vehicle salvage dealer or other facility receives such an affidavit for the disposal of a motor vehicle as provided in this subsection, the dealer or facility is not required to obtain a state 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. (ORC 4513.61)
(c) (1) No person shall willfully leave any vehicle or an "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63 on private property for more than seventy-two consecutive 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 forty-eight consecutive hours or longer, without notification to the Police Chief of the reasons for leaving the vehicle in such place.
(2) For purposes of this section, the fact that a vehicle has been so left without permission or notification is prima-facie evidence of abandonment. Nothing contained in this section shall invalidate the provisions of other ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property or private property within the Municipality.
(d) Whoever violates this section is guilty of a minor misdemeanor and shall also be assessed any costs incurred by the Municipality in disposing of an abandoned junk motor vehicle that is the basis of the violation, less any money accruing to the Municipality from this disposal of the vehicle. (ORC 4513.64)
(a) If an owner of private posts on the property, in a conspicuous manner, a prohibition against parking on the property or conditions and regulations under which parking is permitted, no person shall do either of the following:
(1) Park a vehicle on the property without the owner’s consent; or
(2) Park a vehicle on the property in violation of any condition or regulation posted by the owner. (ORC 4511.681)
(b) The owner of private property may establish a private tow-away zone only if all of the following conditions are satisfied:
(1) The owner posts on the owner’s property a sign, that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property and that contains at least all of the following information:
A. A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;
B. The telephone number of the person from whom a towed-away vehicle can be recovered, and the address of the place to which the vehicle will be taken and the place from which it may be recovered;
C. A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a towing charge, in an amount not to exceed ninety dollars ($90.00) and a storage charge, in an amount not to exceed twelve dollars ($12.00) per twenty-four hour period; except that the charge for towing shall not exceed one hundred fifty dollars ($150.00), and the storage charge shall not exceed twenty dollars ($20.00) per twenty-four-hour period, if the vehicle has a manufacturer’s gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer.
(2) The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the Municipality.
(c) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with subsection (b) hereof, without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner or his or her agent may remove, or cause the removal of, the vehicle, the owner and the operator of the vehicle shall be deemed to have consented to the removal and storage of the vehicle and to the payment of the towing and storage charges specified in paragraph (b)(1)C. hereof, and the owner, subject to subsection (f) hereof, may recover a vehicle that has been so removed only in accordance with subsection (j) hereof.
(d) If the Municipality requires tow trucks and tow truck operators to be licensed, no owner of private property located within the Municipality shall remove, or cause the removal and storage of, any vehicle pursuant to subsection (c) hereof by an unlicensed tow truck or unlicensed tow truck operator.
(e) Subsections (b) through (d) hereof do not affect or limit the operation of Ohio R.C. 4513.60 through 4513.65 as such sections relate to property other than private property that is established as a private tow-away zone under subsection (b) hereof.
(f) If the owner or operator of a motor vehicle that has been ordered into storage pursuant to Ohio R.C. 4513.60(A), or of a vehicle that is being removed under authority of subsection (c) hereof, arrives after the motor vehicle or vehicle has been prepared for removal but prior to its actual removal from the property, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the charge for the removal of motor vehicles under Ohio R.C. 4513.60(A), or of vehicles under subsection (c) hereof, whichever is applicable, that normally is assessed by the person who has prepared the motor vehicle or vehicle for removal, in order to obtain release of the motor vehicle or vehicle. Upon payment of that fee, the motor vehicle or vehicle shall be released to the owner or operator, and upon its release, the owner or operator immediately shall move it so that:
(1) If the motor vehicle was ordered into storage pursuant to Ohio R.C. 4513.60(A), it is not on the private residential or private agricultural property without the permission of the person having the right to possession of the property, or is not at the garage or place of storage without the permission of the owner, whichever is applicable.
(2) If the vehicle was being removed under authority of subsection (c) hereof, it is not parked on the private property established as a private tow-away zone without the consent of the owner or in violation of any posted parking condition or regulation.
(g) If an owner of private property that is established as a private tow-away zone in accordance with subsection (b) hereof, or the authorized agent of such an owner, removes or causes the removal of a vehicle from that property under authority of subsection (c) hereof, the owner or agent promptly shall notify the Police Department of the removal, the vehicle’s license number, make, model and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.
(h) The Chief of Police shall maintain a record of motor vehicles that he or she orders into storage pursuant to Ohio R.C. 4513.60(A) and of vehicles removed from private property in his or her jurisdiction that is established as a private tow-away zone of which he or she has received notice under subsection (g) hereof. The record shall include an entry for each such motor vehicle or vehicle that identifies the motor vehicle’s or vehicle’s license number, make, model and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any information in the record that pertains to a particular motor vehicle or vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies himself or herself as the owner or operator of the motor vehicle or vehicle and requests information pertaining to its location.
(i) Any person who registers a complaint that is the basis of a Sheriff’s or Police Chief’s order for the removal and storage of a motor vehicle under Ohio R.C. 4513.60 shall provide the identity of the law enforcement agency with which the compliant was registered to any person who identifies himself or herself as the owner or operator of the motor vehicle and requests information pertaining to its location.
(j) The owner of a motor vehicle that is ordered into storage pursuant to Ohio R.C. 4513.60 or of a vehicle that is removed under authority of Ohio R.C. 4513.601 may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed ninety dollars ($90.00), and storage, in an amount not to exceed twelve dollars ($12.00) per twenty-four hour period; except that the charge for towing shall not exceed one hundred fifty dollars ($150.00), and the storage charge shall not exceed twenty dollars ($20.00) per twenty-four-hour period, if the vehicle has a manufacturer’s gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or vehicle also shall be required for reclamation of the vehicle. If a motor vehicle that is ordered into storage pursuant to Ohio R.C. 4513.60 remains unclaimed by the owner for thirty days, the procedures established by Ohio R.C. 4513.61 and 4513.62 shall apply. (ORC 4513.60)
(k) No person shall remove or cause the removal of any vehicle from private property that is established as a private tow-away zone under subsection (b) hereof other than in accordance with subsection (c) hereof, and no person shall remove or cause the removal of any motor vehicle from any other private property other than in accordance with Ohio R.C. 4513.60 through 4513.65. (ORC 4513.60(B) to (F))
(l) Whoever violates subsection (a) or (d) hereof is guilty of a minor misdemeanor. Punishment shall be as provided in Section 408.01.
Whoever violates subsection (k) hereof is guilty of a minor misdemeanor for a first offense and a misdemeanor of the third degree for a second or subsequent offense.
(ORC 4511.99(F), 4513.99(A), (B))
(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake, and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway.
The requirements of this section relating to the stopping of the engine, locking of the ignition and removing the key from the ignition of a motor vehicle do not apply to any of the following:
(1) A motor vehicle that is parked on residential property;
(2) A motor vehicle that is locked, regardless of where it is parked;
(3) An emergency vehicle;
(4) A public safety vehicle.
(b) Except as otherwise provided in this subsection, whoever violates 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 predicate motor vehicle or traffic offense, 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 predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.661)
(a) No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(b) Except as otherwise provided in this subsection, whoever violates 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 predicate motor vehicle or traffic offense, 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 predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.70(C), (D))
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