(a) Accessible Parking Spaces.
(1) Public Offices and Facilities: Accessible parking locations and privileges for persons with disabilities that limit or impair the ability to walk shall be provided and designated by the City 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 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 (5'). 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.
(4511.69(E))
(2) Private Property: Accessible parking locations and privileges for persons with disabilities that limit or impair the ability to walk shall be provided as required by the Americans with Disabilities Act (ADA) and Ohio law. 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 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 (5'). 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.
(Statutory reference: ORC 3781.111)
(b) Prohibitions.
(1) A. No person shall stop, stand, or park any motor vehicle at accessible parking locations provided under division (a)(1) of this section, or at accessible clearly marked parking locations provided in or on privately-owned parking lots, parking garages, or other parking areas, that are designated in accordance with division (a)(2), unless one of the following applies:
(i) 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
(ii) 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.
(4511.69(F)(1)(a))
B. Any motor vehicle that is parked in an accessible marked parking location in violation of division (b)(1)A.(i) or (ii) of this section may be towed or otherwise removed from the parking location by the City's Division of Police. 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 City or the place of storage 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 that person is the lessee of the motor vehicle and pays all towing and storage fees normally imposed by the City or the place of storage for towing and storing motor vehicles.
(4511.69(F)(1)(b))
(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 stripes and is located immediately adjacent to an accessible parking location provided under division (a)(1) 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 division (a)(2) of this section.
(4511.69(F)(2))
(c) Accessible Parking in Excess of Posted Time Limits. 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 shall not be permitted to park for a period in excess of the legal parking period permitted.
(4511.69(G))
(d) Designated Parking Spaces. No owner of an office, facility, or parking garage where accessible parking locations are required to be designated in accordance with division (a)(1) 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.
(4511.69(H))
(e) Exceptions.
(1) If a person is charged with a violation of division (b)(1)A.(i) or (ii) of this section, it is an affirmative defense to the charge that the person suffered an injury not more than seventy-two (72) hours prior to the time the person was issued the ticket and that, because of the injury, the person meets at least one (1) of the criteria contained in ORC 4503.44(A)(1). In such cases the person may admit the parking violation and request a waiver of the fine in accordance with Section 450.04(a)(2) and Section 450.06(e)(1) of this Traffic Code.
(4511.69(F)(1)(c))
(2) If a person is charged with a violation of division (b)(1)A.(i) of this section and if at the time of the violation, the offender or the person for whose transport the motor vehicle was being operated had been issued a removable windshield placard that then was valid or accessible license plates that then were valid but the offender or the person neglected to display the placard or license plates as required. In such cases, the person may admit the parking violation and request a reduction in the fine in accordance with Section 4504.04(a)(2) and Section 450.06(e)(2) of this Traffic Code.
(3) If a person is charged with a violation of division (b)(1)A.(ii) of this section and if at the time of the violation, the offender or the person for whose transport the motor vehicle was being operated had been issued a parking card that then was valid or accessible license plates that then were valid but the offender or the person neglected to display the placard or license plates as required. In such cases, the person may admit the parking violation and request a reduction in the fine in accordance with Section 4504.04(a)(2) and Section 450.06(e)(2) of this Traffic Code.
(Statutory reference: see ORC 4511.69(J))
(f) Placards or License Plates Issued under Prior Law. Nothing in this section shall be construed to require a person or organization to apply for a removable windshield placard or special license plates if the parking card or special license plates issued to the person or organization under prior law have not expired or been surrendered or revoked.
(4511.69(I))
(g) Definitions. As used in this section:
(1) “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.
(2) “Person with a disability that limits or impairs the ability to walk” has the same meaning as in ORC 4503.44.
(3) “Accessible license plates” and “removable windshield placard” mean any license plates or standard removable windshield placard, permanent removable windshield placard, or temporary removable windshield placard issued under ORC 4503.41 or 4503.44, and also mean any substantially similar license plates or removable windshield placard issued by a state, district, country, or sovereignty.
(ORC 4511.69(K))
(Ord. 2023-22. Adopted 08/10/23)
(Statutory Reference ORC 4511.69(E) - (I), (K) and ORC 3781.111)
(EDITOR'S NOTE: See Section 450.01 for the definition of "disability parking space," and "vehicle")