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HomeMy WebLinkAbout74-00 OrdinanceRECORD OF ORDINANCES stank Co. Ordinance No .....................................7x.,00................ Passed .................................................................., ....................... YF.~R AN ORDINANCE AMENDING SECTION 76.02 REGARDING HANDICAPPED PARKING WHEREAS, Council desires to provide more adequate parking services for persons with disabilities; and WHEREAS, Council desires to provide stronger penalties to deter non-disabled persons from parking in parking locations reserved specifically for persons with disabilities; and WHEREAS, The State of Ohio has enacted Sub. H.B. 148, which increases the penalties for persons who park in locations reserved specifically for persons with disabilities; and WHEREAS, Council desires to preserve and promote the health and safety of the City by maintaining the availability of reserved parking locations for persons with disabilities. NOW~REFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring as follows: Section 1. That Section 76.02 of the Dublin Codified Ordinances, regarding handicap parking, be amended to read as follows: § 76.02 MANNER OF PARALLEL PARKING; HANDICAPPED PARKING. (A) Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right-hand wheels of the vehicle parallel with and not more than 12 inches from the right-hand curb, unless it is impossible to approach so close to the curb; in such case the stop shall be made as close to the curb as possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise. Local authorities may by ordinance permit angle parking on any roadway under their jurisdiction, except that angle parking shall not be permitted on a state route within a municipal corporation unless an unoccupied roadway width of not less than 25 feet is available for free moving traffic. (B) Local authorities may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within 12 inches of the left-hand curb of a one-way roadway. (C) 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. (D) Notwithstanding any statute or any rule, regulation, resolution, or ordinance, 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 or highway, may stop, stand, or park where necessary in order to perform such work, provided a flagman is on duty or warning signs or lights are displayed as may be prescribed by the director of transportation. (E) Special parking locations and privileges for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, 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. If a new sign or a replacement sign designating a special parking location is posted on or after the effective date of this amendment, 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 special designated parking location if the motor vehicle is not legally entitled to be parked in that location. All elevated signs posted in accordance RECORD OF ORDINANCES Ordinance No ....................................:~4-Op............... Passed ...........................................................pa$e..2.YE.~...... with this division and R.C. § 3781.111(B) shall be mounted on a fixed or movable post, and the distance from the ground to the top edge of the sign shall measure five feet. (F) No person shall stop, stand, or park any motor vehicle at special parking locations provided under division (E) of this section, or at special 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 special license plates; (2) The motor vehicle is being operated by or for the transport of a handicapped person and is displaying a parking card or special handicapped license plates. (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 temporary removable windshield placard or special license plates, or when a motor vehicle is being operated by or for the transport of a handicapped person, and is displaying a parking card or special handicapped license plates, the motor vehicle shall be 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 special parking locations must be designated in accordance with division (E) of this section shall fail to properly mark the special parking locations as required by that division or fail to maintain the markings of the special locations, including the erection and maintenance of the fixed or movable signs. (I) Nothing in this section shall be constructed 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. (J) As used in this section: (1) HANDICAPPED PERSON means any person who has lost the use of one or both arms, who is blind, deaf, or so severely handicapped as to be unable to move without the aid of crutches or a wheelchair, or whose mobility is restricted by permanent cardiovascular, pulmonary, or other handicapping condition. (2) PERSON WITH A DISABII.ITY THAT LIMITS OR IlVIPAIRS THE ABII.ITY TO WALK has the same meaning as in R.C. § 4503.44. (3) SPECIAL LICENSE PLATES and REMOVABLE WINDSHIELD PLACARD mean any license plates or removable windshield placard or temporary removable windshield placard issued under R.C. §§ 4503.41 or 4503.44, and also mean any substantially similar license plates or removable windshield placard or temporary removable windshield placard issued by a state, district, country, or sovereignty. (K) Whoever violates division (A), (C), or (F) of this section is guilty of a minor misdemeanor. (L) If a person is charged with a violation of division (F) 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 division (a)(1) of section 4503.44 of the Ohio Revised Code. (M) In addition to any other penalties provided under this section, any motor vehicle that is parked in a special marked parking location in violation of division (F) of \\CUMULUS\VOLI\DATA\COUNCIL\ORDINANC\2000\74-00 HANDICAPPED PARKING.DOC RECORD OF ORDINANCES Ordinance No .....................................7.a.-.OQ............... Passed ...........................................................Pa$e..3~~FaR...... this section maybe towed or otherwise removed from the parking location by the law enforcement agency of the political subdivision in which the parking location is located. 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 that political subdivision 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 that political subdivision for towing and storing motor vehicles. (N) An arrest or conviction for a violation of division (F) 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. (O) Whoever violates division (H) of this section shall be punished as follows: (1) If the offender previously has not been convicted of or pleaded guilty to a violation of division (H) of this section or of a municipal ordinance that is substantially similar to that division, the offender shall be issued a warning; (2) If the offender previously has been convicted of or pleaded guilty to a violation of division (H) if this section or of a municipal ordinance that is substantially similar to that division, the offender shall be fined $25 for each parking location that is not properly marked or whose markings are not properly maintained. Penalty, see § 70.99 Passed this the ~'L1 day of y, 2000. Mayor -Presiding Officer ATTEST: Clerk of Council 1 hereby certify that co;a!as of titi5 OP~I nn~Cei';~e;olution were poster? the City of Dublin in accordonce with? Section 731.25 of the r3':io Revised de. . ~~4 ~, C . of Council, Dublin, Ohio UCUMULUS\VOLI\DATA\COUNCIL\ORDINANC\2000\74-00 HANDICAPPED PARKING.DOC `' ~ ~~~ Ordinance 74-00 Handicapped Parking SCHOTTENSTEIN, ZOX ~ DUNN A Legal Professional Association ONE CLEVELAND CENTER THE HUNTINGTON CENTER BANK ONE TOWERS 1375 EAST NINTH STREET, SUITE 950 41 SOUTH HIGH STREET ^' COLUMBUS, OHIO 43215-6106 $044 MONTGOMERY ROAD, SUITE 7OO CLEVELAND, OH[O 44114 TELEPHONE 614/462-2700 ~ FAX 614/462-5135 CINCINNATI, OHIO 45236-2926 TELEPHONE Z16/6Z1-6SO1 WEBSITE: WWW.SZD.COM TELEPHONE S13/79Z-Z73O MEMORANDUM TO: Dublin City Council Tim Hansley, City Manager Chief Rob Geis, Dublin Police Department FROM: Stephen J. Smith Mitchell H. Banchefsky Stephen J. Smith, Jr. DATE: May 15, 2000 RE: New Handicapped Parking Ordinance On July, 15, 1999, the Governor of Ohio signed into law Sub. House Bill 148 (the"Bill"). The Bill amends numerous provisions in the Ohio Revised Code regarding handicapped parking violations. The Bill goes into effect on July 15, 2000. In order comply with the new provisions contained in the Bill, the Law Director's Office has prepared an Ordinance to amend section 76.02 of the Dublin Code regarding handicapped parking. Based on the provisions of the Bill, four new provisions have been added to section 76.02 of the Dublin Code. These provisions can be summarized as follows: (1) The Bill would require that any sign designating a special parking location, posted after the effective date of the Bill, include a notice affixed on the sign containing a notice of the fine applicable for the offense of parking in a designated spot if the driver is not legally entitled to park in that location. (2) The Bill creates an affirmative defense for a handicapped parking violation if the person cited can prove that within the past seventy-two hours the person can prove that he or she suffered an injury that would classify the person as handicapped under section 4503.44 of the Ohio Revised Code. (3) The Bill also allows the police to tow any vehicle that is illegally parked in a handicapped parking space. (4) Finally, the Bill provides that any conviction for parking in a handicapped space is not an offense which a person would have to disclose in any application for SCHOTTENSTEIN, ZOX E? DUNN A Legal Professional Association employment, license, or other right or privilege, or made in connection with the person's appearance as a witness. Based on the forgoing changes under the Ohio Revised Code, the Law Director's Office has amended Dublin's handicapped parking ordinance accordingly. If you have any questions or comments regarding Sub. H.B. 148 or any of the provisions listed above, please do not hesitate to contact this office.