351.10 BUS STOPS AND TAXICAB STANDS.

Whenever any police officer finds a vehicle unattended upon any street, bridge or causeway, or in any tunnel, where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle to the nearest garage or other place of safety.

(ORC 4511.67)

351.02 REGISTERED OWNER PRIMA-FACIE LIABLE FOR UNLAWFUL PARKING.

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.

351.03 PROHIBITED STANDING OR PARKING PLACES.

(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 Traffic Code, or while obeying the directions of a police officer or a traffic control device, in any of the following places:

(1) On a sidewalk, curb or street lawn area, except as provided in subsection (b) hereof;

(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 twenty feet of a crosswalk at an intersection;

(7) Within thirty 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 thirty feet of points on the curb immediately opposite the end of a safety zone, unless a different length is indicated by a traffic control device;

(9) Within fifty feet of the nearest rail of a railroad crossing;

(10) Within twenty feet of a driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within seventy- five 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 other elevated structure upon a street, or within a street tunnel;

(14) At any place where signs prohibit stopping, standing or parking, or where the curbing or street is painted yellow, or at any place in excess of the maximum time limited by signs;

(15) Within one foot of another parked vehicle;

(16) On the roadway portion of a freeway, expressway or thruway.

(b) A person is permitted, without charge or restriction, to stand or park on a sidewalk a motor-driven cycle or motor scooter that has an engine not larger than 150 cubic centimeters, a low-speed micromobility device, or a bicycle or electric bicycle, provided that the motor-driven cycle, motor scooter, low-speed micromobility device, bicycle, or electric bicycle does not impede the normal flow of pedestrian traffic. This subsection does not authorize any person to operate a vehicle in violation of Section 331.37, or any substantially equivalent municipal ordinance.

(c) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(ORC 4511.68)

351.04 PARKING NEAR CURB; HANDICAPPED LOCATIONS ON PUBLIC AND PRIVATE LOTS AND GARAGES.

(a) Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the curb side wheels of such vehicle parallel with and not more than twelve inches from the curb, unless it is impossible to approach so close to the curb; in such case the stop shall be as close to the curb as possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise.

(b) (1) This subsection does not apply to streets or parts thereof where angle parking is lawfully permitted. However, no angle parking shall be permitted on a state route unless an unoccupied roadway width of not less than twenty-five feet is available for free-moving traffic.

(2) A. No angled parking space that is located on a state route within a municipal corporation is subject to elimination, irrespective of whether there is or is not at least twenty-five feet of unoccupied roadway width available for free-moving traffic at the location of that angled parking space, unless the municipal corporation approves of the elimination of the angled parking space.

B. Replacement, repainting or any other repair performed by or on behalf of the municipal corporation of the lines that indicate the angled parking space does not constitute an intent by the municipal corporation to eliminate the angled parking space.

(c) (1) A. Except as provided in subsection (c)(1)B. hereof, 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 subsection (c)(2) of this section irrespective of whether or not the space is metered.

(d) Notwithstanding any provision of this Code or any rule, 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, 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 Ohio Director of Transportation.

(e) Accessible parking locations and privileges for persons with disabilities that limit or impair the ability to walk 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 Ohio 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 an accessible 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 designated accessible 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 accessible parking locations provided under subsection (e) of this section, or at accessible 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 accessible license plates; or

2. The motor vehicle is being operated by or for the transport of a person with a disability and is displaying a parking card or accessible license plates.

B. Any motor vehicle that is parked in an accessible marked parking location in violation of subsections (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 the 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 subsections (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 seventy-two 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 Ohio 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 strips and is located immediately adjacent to an accessible parking location provided under subsection (e) of this section or at an accessible 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 accessible license plates, or when a motor vehicle is being operated by or for the transport of a person with a disability, and is displaying a parking card or accessible 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 accessible parking locations are required to be designated in accordance with subsection (e) of this section shall fail to properly mark the accessible parking locations in accordance with that division or fail to maintain the markings of the accessible 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 accessible license plates if the parking card or accessible 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:

(1) “Accessible license plates” and “removable windshield placard” mean any license plates, standard removable windshield placard, permanent removable windshield placard or temporary removable windshield placard issued under Ohio R.C. 4503.41 or 4503.44, and also mean any substantially equivalent license plates or removable windshield placard issued by a state, district, country, or sovereignty.

(2) “Person with a disability” means any person who has lost the use of one or both legs or one or both arms, who is blind, deaf, or unable to move without the aid of crutches or a wheelchair, or whose mobility is restricted by a permanent cardiovascular, pulmonary or other disabling condition.

(3) “Person with a disability that limits or impairs the ability to walk” has the same meaning as in Ohio R.C. 4503.44.

351.05 MANNER OF ANGLE PARKING.

Upon streets where angle parking is permitted, no person shall stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway as is indicated by appropriate signs or markings.

351.06 SELLING, WASHING OR REPAIRING VEHICLE UPON ROADWAY OR PUBLIC PROPERTY.

No person shall stop, stand or park a privately-owned vehicle upon any roadway or public property for the principal purpose of:

(a) Displaying such vehicle for sale;

(b) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency. (Ord. 2019-06. Passed 4-1-19.)

351.07 UNATTENDED VEHICLE: DUTY TO STOP ENGINE, REMOVE KEY, SET BRAKE AND TURN WHEELS.

(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.

351.08 OPENING VEHICLE DOOR ON TRAFFIC SIDE.

No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

(ORC 4511.70(C))

351.09 TRUCK LOADING ZONES.

No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a truck loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty minutes.

351.10 BUS STOPS AND TAXICAB STANDS.

(a) No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately posted, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone, and then only for a period not to exceed three minutes, if such stopping is not prohibited therein by posted signs.

(b) The operator of a bus shall not stop, stand or park such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop so designated and posted as such, except in case of an emergency.

(c) The operator of a bus shall enter a bus stop on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not further than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.

(d) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated and posted as such. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking provisions at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.

351.11 PARKING IN ALLEYS AND NARROW STREETS; EXCEPTIONS.

No person shall stop, stand or park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when directed to by a police officer or traffic control signal.

Except as otherwise provided by law, no person shall stop, stand or park a vehicle within an alley except while actually loading and unloading, and then only for a period not to exceed thirty minutes.

351.12 PROHIBITION AGAINST PARKING ON STREETS OR HIGHWAYS.

Upon any street or highway outside a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the street or highway if it is practicable to stop, park or so leave such vehicle off the paved or main traveled part of such street or highway. In every event, a clear and unobstructed portion of the street or highway opposite such standing vehicle shall be left for the free passage of other vehicles, and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such street or highway.

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 street or highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.

(ORC 4511.66)

351.13 PARKING ON POSTED PRIVATE PROPERTY.

If an owner of private property posts on the property in a conspicuous manner, prohibition against parking on the property or conditions and regulations under which parking is permitted, no person shall do either of the following:

(a) Park a vehicle on the property without the owner's consent;

(b) Park a vehicle on the property in violation of any condition or regulation posted by the owner.
(ORC 4511.681)

351.14 SNOW EMERGENCY PARKING BAN.

(a) In order to facilitate the movement of traffic and to expedite the removal of snow and ice from the streets, motor vehicles shall not be parked on any streets within the Municipality at such times as local conditions indicate that two inches of snow have fallen and there is the prospect of a further snowfall. All cars parked prior to the time weather conditions prohibit parking must be removed by the owners or operators. Any motor vehicle parked in violation of this prohibition shall be removed at the order of the Chief of Police and shall subject the owner or operator to the fine provided in Section 351.99.

(b) It shall be the responsibility of the owners or operators of motor vehicles to ascertain whether weather conditions require the removal of their motor vehicles from the streets and to remove all cars parked in violation of subsection (a) hereof.

(c) After two inches of snow have fallen and there is a prospect of further snowfall, the Chief of Police shall order the removal of all vehicles parked on the streets in the Municipality which have not been removed by the owners or operators. Such vehicles shall be removed to a vehicle pound and records shall be kept of all such vehicles so removed.

(d) Any person violating the provisions of this section with respect to removal of parked motor vehicles shall be subject to the penalty for illegal parking in normally regulated streets. In addition, where a car is towed to a vehicle pound, the car can be recovered only upon payment of the towing charges imposed.
(Ord. 1971-29. Passed 12-6-71.)

351.15 PROHIBITIONS ON RESIDENTIAL STREETS.

(a) It is necessary to create parking regulations for residential streets in the Municipality to permit free access at all times for emergency vehicles and others who are using the streets.
(Ord. 1988-30. Passed 9-6-88.)

(b) Parking on one side only shall be permitted on the streets designated herein and the Village Manager is hereby directed to erect or cause to be erected proper signage at suitable intervals on each street to designate the no parking areas:

In the section of the Municipality lying north of Herrick Avenue and east of North Main Street, northeast section on all east and west streets on the north side of the street only except on Clay Street, parking on the north side shall be prohibited from a point 100 feet west of the turnaround to the turnaround and shall be permitted on the south side from a point 100 feet west of the turnaround to the turnaround. On all north and south streets on the west side of the street only.

In the section of the Municipality lying south of Herrick Avenue and east of South Main Street, southeast section, on all east and west streets with the exception of Dickson and Carpenter Street, between Courtland Street and South Main Street on the north side of the street. On all north and south streets on the east side of the street only. On Courtland Street north of Carpenter Street, parking shall be prohibited on the east side from 6:00 a.m. to 6:00 p.m. on school days and at all times on the east side from the intersection of Herrick Avenue to a point 40 feet south of the north driveway at 127 Courtland Street and at all times on the west side.

In the section of the Municipality lying north of Herrick Avenue and west of North Main Street, northwest intersection, on all east and west streets, on the south side of the street only. On all north and south streets on the west side of the street only. There shall be no parking on either side of Kelly Street.

In the section of the Municipality lying south of Herrick Avenue and west of South Main Street, southwest section, on all east and west streets on the south side of the street only. On all north and south streets on the east side of South Mill Street approximately 105 feet from the intersection of West Herrick Avenue to said intersection.

Parking shall be prohibited on the west side of Barker Street from Taylor Street to Herrick Avenue East.

Parking on Maple Street, Shiloh Avenue, Industrial Avenue, McCormick Street, Weber Court and Marts Place is prohibited.

Parking for more than 72 hours continuous shall be prohibited on all residential streets.

(Ord. 1994-44. Passed 3-6-95; Ord. 1995-17. Passed 4-17-95; Ord. 1995-20. Passed 6-5-95; Ord. 1998-17. Passed 7-20-98; Ord. 2010-45. Passed 12-20-10.)

351.16 PROHIBITIONS IN BUSINESS DISTRICT.

Upon any street or highway within the business district, bounded on the north by Elm Street; on the east by Mart’s Place-McKinley Street; on the south by Magyar Street; and on the west by Union Street; and in the public square, no person shall park or leave standing any vehicle, whether attended or unattended upon the paved or main traveled part of the street or highway or in the public square between the hours of 3:00 a.m. and 5:00 a.m.

(Ord. 2004-65. Passed 12-20-04.)

351.17 OVERNIGHT PARKING IN MUNICIPAL LOTS PROHIBITED.

(a) No person shall park a motor vehicle not owned by the Village of Wellington in any Village-owned off-street parking lot (excluding Village Parking Lots located in the "Downtown Parking District, as defined and regulated by Section 351.18 of the Codified Ordinances) between the hours of 12:00 midnight and 6:00 a.m., daily. This prohibition shall not apply to any of the following persons:

(1) An employee of the Village parking on such a parking lot in connection with the performance of his/her official duties;

(2) An emergency services provider parking on such a parking lot in connection with the performance of his/her official duties;

(3) An agent, contractor, vendor, or delivery person parking on such a parking lot who is providing goods or services to the Village;

(4) Aan individual parking on such a parking lot in connection with an event which the Village has authorized to occur on the premises, in whole or in part, within the hours between 12:00 midnight and 6:00 a.m.

(b) The Traffic Control Map and Traffic Control File shall be amended to reflect this section and the Street Department is hereby authorized and directed to place signage in the designated areas in accordance with this section.

(Ord. 2022-22. Passed 6-6-22.)

351.18 DOWNTOWN PARKING DISTRICT REGULATIONS.

(a) The Downtown District shall be defined as Herrick Avenue West to CSX Railroad crossing, North Main Street to the CSX Railroad crossing, Herrick Avenue East to Barker Street, South Main Street to Magyar Street, Willard Memorial Square, and all of Depot Street.

(b) No person shall stop, stand or park a vehicle on any street within the Downtown District for more than two consecutive hours between 8:00 a.m. and 5:00 p.m. on Monday through Saturday.

(c) No person shall park a motor vehicle in any off-street parking area maintained by the Municipality except as follows: the designated parking spaces on the east side of the Depot Street parking lot shall permit parking for no more than eight (8) consecutive hours. The remainder of the designated parking areas in the Depot Street parking lot shall permit not more than seventy-two (72) hours consecutive parking; such spaces shall be used exclusively by standard passenger motor vehicles and small trucks capable of being parked within a single designed space.

(d) The parking area east and north of the Methodist Church shall be designated for Church-only parking on Sunday during services. Three spaces south of the Town Hall shall be designated as 15-minute parking spaces. Four spaces east of the "fire station" shall be designated for exclusive use by the fire department on a 24-hour basis. The remainder of the designated parking areas east of the Town Hall and Methodist Church shall permit not more than twenty-four (24) hours consecutive parking.

(e) The Taylor Street parking lot shall permit not more than twenty-four (24) hours consecutive parking.

(f) The North Main Street Parking Lot shall permit not more than twenty-four (24) hours consecutive parking.

(g) The Traffic Control Map and Traffic Control File shall be corrected and amended to reflect this section and the Street Department is hereby authorized and directed to place signage in the designated areas in accordance with this section.

(h) Resident Parking Permits for Municipal Lots.

(1) An operable, licensed passenger vehicle which is otherwise lawfully parked in an offstreet municipal lot and which bears a designation as a currently permitted vehicle shall be permitted to exceed the time limitations otherwise set forth in this section. For purposes of this paragraph (h), "passenger vehicle" means a self-propelled motor vehicle licensed by the State of Ohio Bureau of Motor Vehicles as either a non-commercial passenger vehicle or a light non-commercial truck with up to ¾ ton capacity.

(2) Any resident may apply to the Finance Director for a permit to park in municipal lots. Issuance of a permit shall be subject to the following terms and conditions:

I. Applicant must be a downtown resident of the Village of Wellington; and the Village will allow a maximum of two permits per residence. A downtown resident shall be defined as a resident whose principal residence is located in the following areas:

Herrick Ave. West to CSX RR crossing, North Main Street to CSX RR crossing, Herrick Ave. East to Courtland Street, South Main Street to Park Place and all of Depot Street.

II. Permit will be assigned to a specific vehicle only. It may be transferred to a different vehicle with the same owner only by applying to the Finance Director; otherwise, it is not transferable.

III. Permits will be issued on a calendar year basis. A nonrefundable fee of $60 per year will be payable in advance, provided that that amount will be prorated by the number of whole months remaining in the current calendar year at the time the application is issued. (e.g., permit issued on June 15 will require a fee of $30 for the balance of that year.)

IV. At the time of issuance, the Finance Director will provide a sticker or hangtag which must be in the vehicle and easily visible at the time the vehicle is parked.

V. The permit applies to the following municipal lots only:

• Depot Street Parking Lot

• Courtland Street Parking Lot

• Taylor Street Parking Lot

• North Main Street Parking Lot

VI. The permit does not authorize parking for a specific space. While the Village reserves the right to limit the number of permits issued at any one time, it does not guarantee that spaces will always be available. The Village reserves the right to prohibit or limit any or all parking at municipal lots, as necessary for municipal reasons. The Village also reserves the right to cancel the permit program.

VII. Issuance of a permit authorizes municipal lot parking in excess of time limits only; it does not authorize parking which is unlawful for any other reason.

(Ord. 2018-41. Passed 1-7-19.)

351.99 PENALTY AND WAIVER.

Whoever violates any provision of this Chapter 351 of the Codified Ordinances, for which no penalty is otherwise provided, is guilty of a minor misdemeanor.

(Ord. 2022-05. Passed 3-7-22.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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