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Except for a pickup truck or comparably sized van parked in a parking zone and being used at the time solely for passenger purposes, no person shall park a commercial truck (which includes a van), with or without a trailer, upon the streets or public ways within the limits of the Village unless:
(a) The truck is actively engaged in commerce at that time at a point as near as possible to the parked truck, and
(b) The truck utilizes an orange traffic cone to the front and rear of the truck (and trailer), or utilizes a flashing, oscillating, or strobe light or some other electronic signaling device to the rear of the truck (and trailer), and
(c) When the truck is so parked that it is not readily observable by oncoming traffic from a distance of 100 feet, a readily observable warning sign or device is placed 100 feet from the vehicle in the direction of such on-coming traffic, and
(d) The truck is parked in a parking zone, unless permission is granted by Chief of Police to park in a no parking zone as defined in this Code.
When trucks (and trailers) are parked together in a column, the warning devices described above may be placed only at the front and back of the column.
(Ord. 71-2012. Passed 11-5-12.)
(a) Whenever snow falls in the Village and accumulates to a depth of two inches or more during any period of twenty-four hours or less, or when severe icing conditions occur, an emergency is declared to exist in that such snow or ice constitutes a serious public hazard impairing transportation, the moving of food and fuel supplies, medical care, fire, health and police protection and other vital Village facilities. The emergency shall continue until an announcement by the Mayor that snow and ice removal operations have been completed, which announcement shall be established for announcing such emergency as set forth in subsection (b) hereof.
(b) Whenever such an emergency exists, the Mayor shall request the cooperation of the local press, radio and television to announce the emergency and the time that such emergency parking regulations shall be effective. Such announcement to the news media shall constitute notice to the public of the existence of the emergency. However, owners and operators of motor vehicles have the obligation to be aware of hazardous road conditions and to act in accordance with the provisions of this section without receipt of such notice.
(c) During snow emergency, the Mayor may prohibit the parking of any vehicle upon the streets of the Village and in the event of such prohibition, no person shall park, cause to be parked or permit to remain parked or abandon or leave unattended any vehicle of any kind or description upon Village streets provided that a vehicle may be stopped for a period not in excess of ten minutes for the loading or discharge of passengers provided that such stopping is not prohibited by other provisions of the Codified Ordinances.
(d) All provisions of the Traffic Code relating to parking fines or towing or impounding illegally parked vehicles apply to this section.
(e) For purposes of this section, the owner of a motor vehicle is presumed to be one who has parked, permitted to remain parked or abandoned any vehicle found to be on the streets in violation of this section.
(Ord. 10-1971. Passed 3-1-71.)
(a) No motor vehicle shall be parked on any street or highway within the corporate limits of the Village during the hours of 2:00 a.m. and 7:00 a.m. on any day of the week.
(b) For purposes of this section, the owner of a motor vehicle is presumed to be the one who has parked the same or permitted the same to remain parked in violation of this restriction.
(c) For the first violation of this section, the owner shall pay to the Village at the Office of the Clerk-Treasurer, Village Hall the sum of ten dollars ($10.00) provided the same is paid within seventy-two hours following the offense. After seventy-two hours and up to thirty days, the owner shall pay the sum of twenty-five dollars ($25.00). Thereafter, the owner shall pay the sum of fifty dollars ($50.00). If no payment is received within forty-five days following the offense, a citation to the Cuyahoga Falls Municipal Court will be issued.
(d) For all subsequent violations of this section, the owner shall pay to the Village at the office of the Clerk-Treasurer, the sum of twenty-five dollars ($25.00) providing the sum is paid within seventy-two hours following the offense. After seventy-two hours and up to thirty days following the offense, the owner shall pay the sum of fifty dollars ($50.00). If payment is not received within thirty days of a subsequent violation, a citation will be issued to the Cuyahoga Falls Municipal Court. For purposes of this section, a subsequent violation is deemed to be one occurring within one year following any previous violation.
(Ord. 12-1998. Passed 2-2-98.)
(e) The payment of the parking fines prescribed herein shall not prevent the execution of an affidavit and the imposition of the penalty provided in Section 351.99.
(f) The Police Department, upon finding a vehicle illegally parked under the provisions of this section may cause the same to be towed and impounded at the owner’s costs.
(Ord. 10-1975. Passed 3-3-75; Ord. 12-1998. Passed 2-2-98.)
(a) Parking in Residential Districts. In any residential district parking shall be prohibited on the premises except in a garage, in a driveway or constructed parking facility provided that such structures and facilities are constructed and maintained in accordance with all applicable building and zoning codes or legally exempt therefrom. Parking in the right-of-way is prohibited except on the roadway, where permitted.
(b) The provisions of this section do not apply to authorized emergency or public safety vehicles while in use for emergency purposes; or during the time that a resident is in the process of moving in or out of the premises; or for deliveries, loading and unloading, service calls or repairs or construction upon the premises. (Ord. 45-1998. Passed 7-20-98.)
(a) Definitions.
(1) “Abandoned motor vehicle” means any motor vehicle which is left on private property for more than seventy-two hours without the permission of the person owning or having possession of the property, or any motor vehicle which is left on public property for forty-eight hours or longer without notifying the Chief of Police.
(2) “Historical motor vehicle” means any historical motor vehicle twenty- five years or older having a fair market value of three hundred dollars ($300.00) or more, whether operable or not, that is owned, operated, collected, preserved, restored, maintained or used essentially as a collector’s item, leisure pursuit or investment but not as the owner’s principal means of transportation.
(3) “Junk motor vehicle” means any motor vehicle three years old or older; extensively damaged, such as missing a wheel, tire, motor or transmission; apparently inoperable; and having a fair market value of three hundred dollars ($300.00) or less.
(4) “Unlicensed motor vehicle” means any motor vehicle, whether operable or not, required to be licensed pursuant to Ohio R.C. Chapter 4503 when used on public roads or highways, but not so licensed, or any motor vehicle whose license has expired for longer than thirty days.
(5) “Private property” means any real property within the Village which is privately owned or used for solely private operations.
(6) “Public property” means any public street, highway, road, alley, sidewalk, bikeway and the right of way thereof; any property open to the public for purposes of vehicular travel or parking; and any property owned or operated by the Village.
(b) Junk Motor Vehicles on Private Property.
(1) No person shall leave any junk motor vehicle, whether attended or not, for longer than forty-eight hours upon any private property within the Village, unless such vehicle is completely enclosed within a building, garage or carport.
(2) No person in charge or control of any private property within the Village, whether as owner, tenant, occupant, lessee or otherwise, shall allow any junk motor vehicle to remain upon such property for longer than forty-eight hours, unless such vehicle is completely enclosed within a building, garage or carport.
(c) Unlicensed Motor Vehicles on Private Property.
(1) No person shall park or leave any unlicensed motor vehicle, whether attended or not, for longer than forty-eight hours upon any private property within the Village, unless such vehicle is completely enclosed within a building, garage or carport.
(2) No person in charge or control of any private property within the Village whether as owner, tenant, occupant, lessee or otherwise, shall allow any unlicensed motor vehicle to remain upon such property for longer than forty-eight hours, unless such vehicle is completely enclosed within a building, garage or carport.
(d) Collector's Vehicles on Private Property.
(1) No person shall park or leave any unlicensed collector's motor vehicle, whether attended or not, for longer than forty-eight hours upon any private property within the Village, unless such vehicle is completely enclosed within a building, garage or carport.
(2) No person in charge or control of any private property within the Village, whether as owner, tenant, occupant, lessee or otherwise, shall allow any unlicensed collector's motor vehicle to remain upon such property for longer than forty-eight hours, unless such vehicle is completely enclosed within a building, garage or carport, or entirely covered and secured with a tarpaulin or other waterproof covering and located as not to be able to be seen from any public street, highway or road.
(e) Abandoned Vehicles on Private Property. No person shall park or leave, whether attended or not, any abandoned motor vehicle on private property.
(f) Abandoned and Junk Vehicles on Public Property. No person shall park or leave, whether attended or not, any abandoned motor vehicle or junk motor vehicle on public property.
(g) Disposition of Abandoned Motor Vehicles.
(1) The Chief of Police or his designee, may order into storage any motor vehicle which has been left on public property for forty-eight hours or longer without notification of the reasons for leaving the motor vehicle in such place. The Chief of Police shall designate the place of storage of any motor vehicle removed by him and make disposition of such motor vehicle in the manner provided by Ohio R.C. 4513.61.
(2) The Chief of Police, upon complaint of any person adversely affected, may order into storage any motor vehicle which has been left on private property for more than seventy-two hours without the permission of the person having right of possession of the property.
(h) Disposition of Abandoned Junk Motor Vehicles. The Chief of Police, within his respective territorial jurisdiction, may order any abandoned junk motor vehicle located on private or public property to be disposed of in the manner provided by Ohio R.C. 4513.63.
(i) Disposition of Vehicles on Private Property. When any motor vehicle is found on private property in violation of subsections (b), (c) or (d) hereof, the Chief of Police shall serve written notice, by personal service or certified mail with return receipt requested, upon the registered owner of the motor vehicle, the person in charge or control of the property upon which the vehicle is located, or both of them, that such motor vehicle violates the provisions of this section, and that within five days the motor vehicle is to be removed to a place of lawful storage or to be housed or stored in conformity with this section. If no person in charge or control of such private property can be found, notice may be served by advertisement published once a week for two consecutive weeks in a newspaper of general circulation within the Village.
(j) Removal of Vehicles on Private Property. In addition to and not in lieu of any other procedure or penalty prescribed in this section, if the registered owner or person in charge and control of private property notified pursuant to subsection (i) hereof, fails, neglects or refuses to remove, house or store such motor vehicle in accordance with the notice given, the Chief of Police may remove and dispose of such motor vehicle in accordance with the provisions of this chapter. The owner of the motor vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and storage upon presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle. If the motor vehicle remains unclaimed by the owner for ten days, it may be disposed of in the manner provided by subsections (h) and (l) hereof.
(k) Right of Entry. The Chief of Police, and any employee and any contracting agent of the Village and any employee of such contracting agent, and each of them, are hereby expressly authorized to enter upon private property, other than within any private structure, for the purpose of enforcing the provisions of this section. No person shall hinder or interfere with any law enforcement officer or contractual agent or employee in the inspection or removal of any motor vehicle under the provisions of this chapter.
(l) Disposal of Unclaimed Motor Vehicles. Unclaimed motor vehicles ordered into storage pursuant to subsections (b) and (d) hereof, shall be disposed of at the order of the Chief of Police at public auction, after giving public notice thereof by advertisement published once a week for two consecutive weeks in a newspaper of general circulation within the Village. Any motor vehicle not receiving a bid shall be disposed of to a motor vehicle salvage dealer. Any moneys accruing from the disposition of such unclaimed motor vehicles that are in excess of the expenses resulting from the removal, storage and sale of the vehicle shall be credited to the general fund of the Village, as the case may be.
(Ord. 28-1991. Passed 7-1-91.)
(a) Except as otherwise provided, whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00), which fine may be paid in the amounts and manner prescribed by Section 351.15 hereof.
(b) Any person charged with a violation of any of the provisions of this chapter for which payment if a prescribed fine may be made, may pay such sum in the manner prescribed on the issued traffic ticket. Such payment shall be deemed a plea of guilty, waiver of court appearance and acknowledgment of conviction of the alleged offense and may be accepted in full satisfaction of the prescribed penalty for such alleged violation. Payment of the prescribed fine need not be accepted when laws prescribed that a certain number of such offenses shall require court appearance.
(c) Whoever violates Sections 351.04(e) and (f) hereof, shall be fined the sum of fifty dollars ($50.00) for the first offense provided the same is paid to the Village at the Office of the Clerk-Treasurer within seventy-two hours following the offense. After seventy-two hours and up to thirty days, such person shall pay the sum of seventy-five dollars ($75.00). Thereafter, such person shall pay the sum of one-hundred dollars ($100.00). If no payment is received within forty-five days following the offense, a citation to the Cuyahoga Falls Municipal Court will be issued.
For all subsequent offenses of Sections 351.04(e) and (f) hereof within one year following any previous violation, the owner shall pay the sum of seventy-five dollars ($75.00) provided the same is paid to the Village at the Office of the Clerk-Treasurer within seventy-two hours following the offense. After seventy-two hours and up to thirty days following the offense, such person shall pay the sum of one-hundred dollars ($100.00). If payment is not received within thirty days of a subsequent violation, a citation will be issued to the Cuyahoga Falls Municipal Court.
(d) Whoever violates Sections 351.17(a), (b), (c) and (d), 351.18 (b), (c) or (d) hereof, is guilty of a minor misdemeanor of the first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor in the fourth degree. For every day such violation shall thereafter exist it shall be deemed to constitute a separate offense. In addition to any other penalty imposed by the court, an offender shall also be assessed any costs incurred by the Village in disposing of such vehicle less any money accruing to the Village from such disposal.
(e) Whoever violates Sections 351.18 (e) and (f) hereof, is guilty of a misdemeanor of the fourth degree on a first offense, on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree. For every day such violation shall thereafter exist it shall be deemed to constitute a separate offense. In addition to any other penalty imposed by the court, an offender shall also be assessed any costs incurred by the Village in disposing of such vehicle, less any money accruing to the Village from such disposal.
(f) Whoever violates Section 351.18(k) hereof, is guilty of a misdemeanor of the second degree. (Ord. 29-1998. Passed 4-6-98.)