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11-04 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. I I-04 Passed 24 AN ORDINANCE AMENDING SECTION 76.02(E) OF THE DUBLIN CODIFIED ORDINANCES REGARDING THE POSTING OF HANDICAPPED PARKING FINE AMOUNT, AND DECLARING AN EMERGENCY. WHEREAS, Dublin Code Section 76.02(F) provides that no person shall stop, stand, or park any motor vehicle at handicapped parking spaces, disability parking spaces, or at special clearly marked parking locations ("handicapped parking spaces") unless the driver or passenger is a handicapped or disabled person and is displaying a parking card or special handicapped license plates; and WHEREAS, the Council passed Ordinance No. 98-03, which required for all signs, posted pursuant to the handicapped parking section, regardless of when signs were posted, to have 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; and WHEREAS, the Council passed Ordinance No. 136-03, subsequent to the passage of Ordinance No. 98-03, which adopted the traffic law supplement, as drafted by American Legal Publishing, that made local changes to Dublin Code to reflect state law changes from Senate Bill 123 and House Bi11490; and WHEREAS, Ordinance No. 136-03 had a handicapped parking section that was patterned after the state law section, which only requires posting of handicapped parking fine amount on new and replacement handicapped parking signs; and WHEREAS, the Council finds that it would be in best interest of City for all handicapped parking signs in the City to contain the applicable fine amount regardless of when the sign was erected. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. Dublin Codified Ordinances Section 76.02(E) is hereby amended to read as follows: § 76.02 MANNER OF PARALLEL PARKING; HANDICAPPED PARKING. (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 p arking g arages. T he 1 ocations s hall be designated through the posting of an elevated sign, w Nether p ermanently a ffixed o r m ovable, imprinted with the international symbol of access and shall be reasonably close to exits, entrances, elevators, and ramps. T~ ^ ~;rtn- °r ^ t,u.~.~...b t, a + ~ a ~ „All si ig Zs, posted pursuant to this section and regardless of when signs were posted, shall be have 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 RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 11-04 Passed Page 2 . 20 vehicle is not legally entitled to be parked in that location. All elevated signs posted in accordance with this division and R.C. § 3781.ll 1(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. Section 2. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that motorists should to be put on notice of applicable handicapped parking fine amount regardless of when the handicapped parking sign was erected. Therefore, this ordinance shall go into immediate effect. Passed this (S~" day of ~rC~-~ , 2004. Mayor -Presiding Officer Attest: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ' De ty Clerk of Council, Dublin, Ohio _ 6' SCHOTTENSTEIN ZOX 8c DUNN a Lego! j~rofessionol association MEMORANDUM TO: Dublin City Council Jane Brautigam, City Manager Anne Clarke, Clerk of Council FROM: Stephen J. Smith, Law Director Stephen J. Smith, Jr. J. Corey Colombo DATE: February 10, 2004 RE: Ordinance 11-04 Regarding Posting of Handicapped Parking Fine Dublin Code Section 76.02 provides guidelines for handicapped parking spaces, signs, and fine amounts. Last year, Council passed Ordinance No. 98-03, which required for all signs posted pursuant to Dublin Code Section 76.02 to contain the applicable fine amount regardless of when signs were posted. Subsequent to passage of Ordinance No. 98-03, Council passed Ordinance No. 136-03, which adopted the traffic law supplement, as drafted by American Legal Publishing, which made local changes to Dublin Code to reflect state law changes from Senate Bill 123 and House Bi11490. Ordinance No. 136-03 had a handicapped parking section that was patterned after the state law section. The state law only requires posting of handicapped parking fine amount on new and replacement handicapped parking signs. Last year, however, Council determined that it would be in best interest of the City for all handicapped parking signs in the City to contain the applicable fine amount. Otherwise, it would be extremely difficult to enforce and monitor signage compliance since it would be impossible to determine which signs were "grandfathered" and which were new or replacement signs. With the passage of this ordinance, all handicapped parking signs would once again be required to have the applicable fine amount, regardless of when the signs were posted. As always, please contact this office if you have any questions or wish to further discuss this matter.