(a) Definitions. For the purposes of 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 about without the aid of crutches or a wheelchair, or whose mobility is restricted by a permanent cardiovascular, pulmonary, or other handicapping condition.
(2) "License Plate or Parking Card of Handicapped Persons" means a plate or card issued pursuant to R.C. Sections 4503.44 or 4503.10.1 or a substantially similar license or plate issued by a state, district, county or sovereignty with which the Ohio Director of Public Service has an active reciprocity agreement as authorized by Section 5502.03 of the Revised Code.
(b) Public Parking for Handicapped Persons.
(1) The City Engineer is hereby authorized to designate on public property special parking places of suitable size and location for the exclusive use of handicapped persons and persons transporting handicapped persons.
(2) No person shall park in a clearly marked space reserved for handicapped persons under this division who does not display a license plate or parking card for handicapped persons.
(3) No person operating a motor vehicle shall block or obstruct ingress or egress to any handicapped parking space or access aisle on public property in the City of Stow.
(c) Private Parking for Handicapped Persons.
(1) Owners of private property shall designate on their property special parking places of suitable size and location, pursuant subsections (c)(1)A. and B. hereof, for the exclusive use of handicapped persons and persons transporting handicapped persons when required to pursuant to the Americans With Disabilities Act (ADA).
A. Signage. Each space designated under this section for handicapped parking shall be identified through the posting of an elevated sign, either permanently fixed or movable, imprinted with the international symbol of access and located reasonably close to exits, entrances, elevators and ramps. The distance from the ground to the top edge of the sign shall measure at least five feet. The distance from the forward edge of the parking space to the sign must be no greater than three feet. There also shall be affixed upon the surface of each sign designating a special parking location 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.
Access aisles adjoining handicapped parking spaces shall be identified through the posting of an elevated sign, either permanently fixed or movable, imprinted with the words "NO PARKING." The distance from the ground to the top edge of the sign shall measure at least five feet. The distance from the forward edge of the parking space to the sign must be no greater than three feet. There shall also be affixed upon the surface of each sign designating a special parking location or affixed next to the designating sign a notice that states the fine applicable for the offense of parking a motor vehicle in the designated access aisle.
B. Restriping. Every owner of private property located within the City of Stow, who is required to do so under the ADA, shall meet all restriping requirements under the ADA applicable to handicapped parking.
C. Every owner of private property, who is required to designate handicapped parking spaces under the ADA, shall be in full compliance with the requirements of subsections A. and B. of this subsection upon completing their next parking lot restriping project or within one year of enactment of this legislation, whichever is sooner.
(2) No person shall park in a clearly marked space reserved for handicapped persons under this division who does not display a license plate or parking card for handicapped persons.
(3) No person shall park in a clearly marked access aisle adjoining a handicapped parking space.
(4) No person operating a motor vehicle shall block or obstruct ingress or egress to any handicapped parking space or access aisle on private property in the City of Stow.
(d) In addition to any other penalty provided for in subsection (f), any motor vehicle that is parked in violation of subsections (b)(2), (b)(3), (c)(2), (c)(3), or (c)(4) of this section may be towed or otherwise removed from the parking location by the Stow Police Department.
(e) Arrest or conviction for a violation 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.
(f) Penalty.
(1) Any person operating a motor vehicle within the City of Stow who violates subsections (b)(2), (b)(3), (c)(2), (c)(3), or (c)(4) of this section shall be fined not less than two hundred fifty dollars ($250.00), nor more than five hundred dollars ($500.00).
(2) Any owner of private property who fails to comply with subsection (c)(1)A. or (c)(1)B. hereof shall be fined twenty-five dollars ($25.00) per day for every day of noncompliance.
(g) Violations of this section shall be adjudicated by the City of Stow Parking Violations Bureau according to the penalties of this section. Parking tickets may be authorized by the Chief of Police, consistent with Revised Code Section 4521 or the Chief of Police may issue special handicapped tickets not in conformance with Revised Code Section 4521 pursuant to Ohio Traffic Rule 3(c).
(Ord. 2010-32. Passed 2-11-10.)