(A) The Mayor or City Manager shall designate, by the use of a sign bearing the international wheelchair symbol, special parking locations for handicapped persons in accordance with R.C. § 4511.69. The City Manager shall place on new or replacement signs a notice that states the applicable fine for the offense. 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. § 3881.11(C) 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.
(B) No person who is not handicapped or not operating a motor vehicle to transport a handicapped person shall stop, stand or park any motor vehicle at special parking locations provided for under division (A) above, or at a 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
(C) Any motor vehicle that is parked in a special marked parking location in violation of division (B) above 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 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 that political subdivision for towing and storing motor vehicles.
(D) No owner of an office, facility or parking garage where special parking locations are required to be designated in accordance with division (A) above shall fail to properly mark the special parking locations in accordance with that division or fail to maintain the markings of special locations, including the erection and maintenance of the fixed or movable signs.
(E) If a person is charged with a violation of division (B) above, 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).
(F) The clerk of the court shall pay every fine collected under this section to the political subdivision in which the violation occurred. Except as provided in this section, the political subdivision shall use the fine monies it receives under this section to pay the expenses it incurs in complying with the signage and notice requirements contained in division (A) above. The political subdivision may use up to 50% of each fine it receives under this section to pay the costs of educational advocacy, support and assistive technology programs for person with disabilities, and for public improvements within the political subdivision that benefit or assist persons with disabilities, if governmental agencies or non profit organizations offer the programs.
(G) 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, or any combination thereof, who is blind, deaf or so severely handicapped as to be unable to move about without the aid of crutches or a wheelchair, or whose mobility is restricted by a permanent cardiovascular, pulmonary or other handicapping condition.
(R.C. § 4511.69(K)(1)).
(H) Whoever violates this division is subject to a fine of $100.
(Prior Code, § 7.05.12)