351.01 Parking prohibited.
351.02 Registered owner prima-facie liable for unlawful parking.
351.03 Parking inoperative or unlicensed motor vehicles.
351.04 Unattended vehicle: duty to stop engine, remove key, set brake and turn wheels.
351.05 Storage of certain vehicles and trailers in residential areas.
CROSS REFERENCES
See sectional histories for similar State law
Owner nonliability, lease defense - see Ohio R.C. 4511.071
Police may remove ignition key from unattended vehicle - see TRAF. 303.03
Parking near stopped fire apparatus - see TRAF. 331.27
Lights on parked or stopped vehicles - see TRAF. 337.09
(a) No person shall stand or park any vehicle, whether attended or unattended, either upon or immediately off the paved portion of any street or highway in the Village or in front of a public or private driveway.
(b) This section does not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.
(c) Whenever any police officer finds a vehicle standing upon a highway or street in violation of this section, 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 or street.
(d) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
In any hearing on a charge of illegally parking a motor vehicle, testimony that a vehicle bearing a certain license plate was found unlawfully parked as prohibited by the provisions of this Traffic Code, and further testimony that the record of the Ohio Registrar of Motor Vehicles shows that the license plate was issued to the defendant, shall be prima-facie evidence that the vehicle which was unlawfully parked, was so parked by the defendant. A certified registration copy, showing such fact, from the Registrar shall be proof of such ownership.
(a) No person shall store or permit to be stored on any lot or premises a motor vehicle which is dismantled, inoperative or unlicensed, for a period of more than fifteen days, unless the same is kept or stored in a completely enclosed, authorized and permitted building or garage on such lot or premises. Any such motor vehicle shall be deemed inoperative when the lack or failure of the engine, transmission or other mechanical part results in such vehicle not being usable for transportation of persons. The Police Department is authorized to serve notice on property owners or persons in possession of any such lot or land upon which an unlicensed or inoperative motor vehicle is stored contrary to the provisions hereof, and such period of fifteen days shall commence to run the next day following service of such notice. Any person, who has been notified being the owner of or in charge, or in possession of any lot or land on which any such vehicle is stored and who fails to remove the same after notice as aforesaid, is guilty of a minor misdemeanor. Each day such violation continues shall constitute a separate offense.
(b) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(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) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(a) Definitions. For the purpose of this section, certain terms are defined as follows:
(1) "Vehicle" means equipment on wheels or runners that exceeds eight thousand (8,000) pounds in total weight when unloaded, and includes, without limitation, trucks, construction equipment and road machinery of any description such as tractors, bulldozers, front-end loaders, backhoes, rollers and cement mixers.
(2) "Trailer" means any form of device, equipment or machinery on wheels or a single wheel that is intended to be pulled by a motor vehicle, whether or not attached to a motor vehicle, and includes, without limitation, truck trailers, house trailers and trailer coaches.
(3) "Residential area" means that portion of the Village zoned R-10, R-5, R-3, R-2, R-1 or R-1(A) District under the Village Zoning Ordinance.
(4) "Good cause" means:
A. That the vehicle or trailer is parked or stored in a place, the location of which makes the vehicle or trailer not visible to neighbors or the general public; or
B. That the vehicle or trailer is being parked or stored for a specified, limited time, in connection with current work on the property where the vehicle or trailer is stored or parked.
(b) No person who owns or has possession of real property in a residential area of the Village shall permit any vehicle or trailer to be parked or stored in such area except in a completely enclosed garage or other suitable building without written permission to do so signed by the Chief of Police upon a finding of good cause.
(c) Council, the Chief of Police or the Village Planning Commission, may send notice by certified mail with return receipt requested, to the person having the right to the possession of the property on which a vehicle or trailer is parked or stored, that within ten (10) days of receipt of the notice, the vehicle or trailer either shall be covered by being completely enclosed in a garage or other suitable building or shall be removed from the property.
(d) No person shall willfully leave a vehicle or trailer parked or stored in a residential area for more than two (2) days after receipt of a notice as provided in this section. The fact that a vehicle or trailer is so left is prima-facie evidence of willful failure to comply with the notice.
(e) Any person who has been notified, being the owner of or in charge, or in possession of any lot or land on which any such vehicle is stored and who fails to remove the same after notice as aforesaid, is guilty of a minor misdemeanor. Each day such violation continues shall constitute a separate offense.
(Ord. 1987-20. Passed 12-14-87.)