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(A) Whenever any police officer finds a vehicle standing upon a highway in violation of R.C. § 4511.66 or a substantially equivalent municipal ordinance, 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.
(R.C. § 4511.67)
(C) Whenever any police officer finds a motor vehicle parked on a public street, or public parking lot or garage in violation of any section of the chapter, the officer may cause the motor vehicle to be removed to a safe place of storage.
(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 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 or parking;
(15) Within one foot of another parked vehicle;
(16) On the roadway portion of a freeway, expressway, or thruway.
(R.C. § 4511.68)
(17) On a path or lane designated for bicycle use and so marked, except a bicycle.
(18) Within ten feet, in either direction, of a mailbox.
(19) At any place posted "No Parking – Fire Lane".
(20) With the exception of two-wheel or three-wheel non-motorized bicycles, on any grass area, lawn, landscape berm or other unpaved area, whether in the front, side or rear of a lot in any residential, business or commercial district within the city when there is a paved driveway, established paved parking or established paved display lot on such property or available parking upon another lot by approved agreement consistent with the Land Use Code.
(21) Upon any street for a continuous period longer than 72 hours.
(22) Within any area of a divided roadway or boulevard, which is a turnaround lane, left turn lane, or pass through area of the divided roadway or boulevard.
(B) No person shall stand, park or store any recreational vehicle, boat, or trailer, required to be licensed by the state and for travel upon the streets or highway, unless parked or stored on a paved surface. This division (B) shall not be construed as affecting any other parking or zoning regulation now in effect, or that may hereafter become effective, but this division (B) shall be construed as an additional parking limitation.
('67 Code, § 74.01) (Am. Ord. 12-1984, passed 5-2-84; Am. Ord. 26-1985, passed 10-2-85; Am. Ord. 14-1999, passed 8-4-99; Am. Ord. 13-2001, passed 10-3-01; Am. Ord. 4-2011, passed 4-6-11) Penalty, see § 76.99
(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) Local authorities by ordinance may permit parking of vehicles with the left-hand wheels adjacent to and within 12 inches of the left-hand curb of a one-way roadway.
(C) (1) (a) Except as provided in division (C)(1)(b) of this section, 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 division (C)(2) of this section irrespective of whether or not the space is metered.
(D) 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.
(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 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.
(F) (1) (a) 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:
1. 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; or
2. 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.
(b) Any motor vehicle that is parked in a special marked parking location in violation of division (F)(1)(a)1. or (F)(1)(a)2. of this section may be towed or otherwise removed from the parking location by the law enforcement agency of the municipality. 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 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 that 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.
(c) If a person is charged with a violation of division (F)(1)(a)1. or (F)(1)(a)2. of this section, it is an affirmative defense to the charge that the person suffered an injury not more than 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 R.C. § 4503.44(A)(1).
(2) No person shall stop, stand, or park any motor vehicle in an area that is commonly known as an access aisle, which area is marked by diagonal stripes and is located immediately adjacent to a special parking location provided under division (E) of this section or at a special clearly marked parking location provided in or on a privately owned parking lot, parking garage, or other parking area and designated in accordance with that division.
(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 are 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:
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.
PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS THE ABILITY TO WALK has the same meaning as in R.C. § 4503.44.
SPECIAL LICENSE PLATES and REMOVABLE WINDSHIELD PLACARD mean any license plates or removable windshield placard or temporary removable windshield placard issued under 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) Penalty.
(1) Whoever violates division (A) or (C) of this section is guilty of a minor misdemeanor.
(2) (a) Whoever violates division (F)(1)(a)1. or (F)(1)(a)2. of this section is guilty of a misdemeanor and shall be punished as provided in division (K)(2)(a) and (K)(2)(b) of this section. Except as otherwise provided in division (K)(2)(a) of this section, an offender who violates division (F)(1)(a)1. or (F)(1)(a)2. of this section shall be fined not less than $250 nor more than $500. An offender who violates division (F)(1)(a)1. or (F)(1)(a)2. of this section shall be fined not more than $100 if the offender, prior to sentencing, proves either of the following to the satisfaction of the court:
1. At the time of the violation of division (F)(1)(a)1. of this section, the offender or the person for whose transport the motor vehicle was being operated had been issued a removable windshield placard that then was valid or special license plates that then were valid but the offender or the person neglected to display the placard or license plates as described in division (F)(1)(a) of this section.
2. At the time of the violation of division (F)(1)(a)2. of this section, the offender or the person for whose transport the motor vehicle was being operated had been issued a parking card that then was valid or special handicapped license plates that then were valid but the offender or the person neglected to display the card or license plates as described in division (F)(1)(a)2. of this section.
(b) In no case shall an offender who violates division (F)(1)(a)1. or (F)(1)(a)2. be sentenced to any term of imprisonment.
(c) An arrest or conviction for a violation of division (F)(1)(a)1. or (F)(1)(a)2. of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any 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.
(d) The clerk of the court shall pay every fine collected under divisions (K)(2) and (K)(3) of this section to the municipality. Except as provided in division (K)(2) of this section, the municipality shall use the fine moneys it receives under divisions (K)(2) and (K)(3) of this section to pay the expenses it incurs in complying with the signage and notice requirements contained in division (E) of this section. The municipality may use up to 50% of each fine it receives under divisions (K)(2) and (K)(3) of this section to pay the costs of educational, advocacy, support, and assistive technology programs for persons with disabilities, and for public improvements within the municipality that benefit or assist persons with disabilities, if governmental agencies or nonprofit organizations offer the programs.
(3) Whoever violates division (F)(2) of this section shall be fined not less than $250 nor more than $500. In no case shall an offender who violates division (F)(2) of this section be sentenced to any term of imprisonment. An arrest or conviction for a violation of division (F)(2) of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any 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.
(4) Whoever violates division (H) of this section shall be punished as follows:
(a) Except as otherwise provided in division (K)(4) of this section, the offender shall be issued a warning.
(b) If the offender previously has been convicted of or pleaded guilty to a violation of division (H) of this section or of a municipal ordinance that is substantially equivalent to that division, the offender shall not be issued a warning but shall be fined not more than $25 for each parking location that is not properly marked or whose markings are not properly maintained.
(R.C. § 4511.69)
Cross-reference:
Unlawful furnishing of prescription to enable persons to be issued handicapped parking placards or license plates, see § 138.17
Statutory reference:
Buildings, access for disabled persons, see R.C. § 3781.111
(A) Any building, office or other facility, where parking is provided, whether owned, rented or leased, presently designating specially marked parking locations for handicapped persons, shall erect a permanently affixed or moveable sign measured five feet from the ground to the top edge of the sign and printed with the international symbol of accessibility to identify each handicapped parking spot. Owners already designating handicapped parking spaces will have 90 days from the effective date of this section to comply with this section.
(B) Any building, office or other facility, where parking is provided, whether owned, rented or leased, not presently designating handicapped parking spots, but required to designate such parking spots according to Ohio State law, shall have two years from the effective date of this section to create and mark handicapped parking spaces with a permanently affixed or movable sign measured five feet from the ground to the top edge of the sign and printed with the international symbol of accessibility.
(C) Buildings and other facilities as defined in division (A) and (B) required to provide handicapped parking shall designate the number of locations as set forth below:
Total Number of Spaces in the Lot or Structure
|
Required Number of Handicap-Accessible Spaces
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Under 15
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No space needed
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16 to 100
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1 space per 16-35 parking spaces; 2 spaces per 36-70 spaces; and 3 spaces per 71-100 spaces
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101 to 200
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4 spaces plus 1 space per 50 parking spaces over 100
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201 to 500
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6 spaces plus 1 space per 75 parking spaces over 200
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Over 500
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10 spaces plus 1 space per 100 parking spaces over 500
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(D) Buildings that shall not be required to designate handicapped parking spaces shall be the following:
(1) Nontransient residential structures, including industrialized units, 1-, 2-, or 3-family dwelling units;
(2) Townhouses. For purposes of this section, townhouses shall be defined as a multi-family building consisting of one or more units, each unit of which is utilized by one tenant on all the levels of the unit for the purpose of nontransient residential use, whether or not an individual unit is owned or rented by the tenant; and
(3) Condominiums. For purposes of this section, condominiums shall be defined as an apartment building or a complex of multiple-unit dwellings where the tenant holds full title to his unit and joint ownership in the common grounds.
(F) No owner of any building, office or other facility where specially marked parking for handicapped persons is required by Montgomery Ordinance shall fail to properly mark or maintain the specially designated parking locations and the signs set forth in this section.
(Ord. 5-1992, passed 4-1-92)
(A) If an owner of private property 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;
(2) Park a vehicle on the property in violation of any condition or regulation posted by the owner.
(B) Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4511.681)
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