73-03 OrdinanceRECORD OF ORDINANCES
Inc.
Ordinance No, 73-03 Passed , 20
AN ORDINANCE AMENDING SECTION 76.02 OF
THE DUBLIN CODIFIED ORDINANCES
REGARDING THE HANDICAPPED PARHING
PENALTY, AND DECLARING AN EMERGENCY.
WHEREAS, under Dublin Code Section 76.02(F), 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, under existing Dublin Code Section 76.02(K), whoever violates Section
76.02(F) pertaining to handicapped parking violation is guilty of a minor misdemeanor,
which carries a maximum fine of one hundred dollars ($100); and
WHEREAS, Ohio Revised Code Section 451199(P), which is in effect until January 1,
2004, provides that the penalty for parking in a handicapped parking space is a
misdemeanor and the violator shall be fined not less than two hundred fifty dollars
($250), but in no case shall an offender be sentenced to any term of imprisonment; and
WHEREAS, Ohio Revised Code Section 4511.69, which takes effect on January 1,
2004, also provides for an enhanced penalty for parking in a handicapped parking
space, which is that the violator shall be fined not less than two hundred fifty dollars
($250) nor more than five hundred dollars ($500), but in no case shall an offender be
sentenced to any term of imprisonment; and
WHEREAS, Ohio Revised Code Section 4511.69, which takes effect on January 1,
2004, provides for the political subdivision to use the fine moneys it receives to pay the
expenses it incurs in complying with the handicapped parking spaces signage and notice
requirements and to use a portion of the fine it receives to pay the costs of educational,
advocacy, support, and assistive technology programs for persons with disabilities, and
for public improvements that benefit or assist persons with disabilities, if governmental
agencies or nonprofit organizations offer the programs; and
WHEREAS, the penalty, for parking in a handicapped parking space, under the Dublin
Code, is not consistent with the minimum fine provided by the state law;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, 2 of the elected members concurring:
Section 1. D ublin C odified O rdinances S ection 7 6.02 i s h ereby a mended f o r ead 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.
RECORD OF ORDINANCES
Blank, Inc.
Ordinance No.
73-03 Passed Page 2 , 20
(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 e quipment, 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 J~
5, 2000 +''° °r~°^+~~~° a^+° ^~+'~~~ ^ °^`'w'°"+, 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 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 normally
permitted, except where the Dublin Code provides per~~tein
RECORD OF ORDINANCES
Blank, Inc.
Ordinance No. 73-03
Passed Page 3 . 20
*~, •*• ~, ro ~^^~~ ,,,.a;,,^r~o~ ^r ~„I;^o ~ule~ ,:,rc:~ide 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 DISABILITY THAT LIMITS OR IMPAIRS
THE ABILITY 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 o r 4 503.44, a nd a lso m can a ny s ubstantially s imilar 1 icense p lates o r
removable windshield placard or temporary removable windshield placard
issued by a state, district, country, or sovereignty.
(R.C. § 4511.69) ('80 Code, § 351.04) (Ord. 26-89, passed 3-27-89)
(K) (1) Whoever v iolates d ivision (A) o r (C) , o f t his s ection i s
guilty of a minor misdemeanor. ~D r ~ n c, , ~~«~~
(2) (a) Whoever violates division (F) of this section is guilt
misdemeanor and shall be punished as provided in division
(K)(2) of this section. Exc~t as otherwise provided in this
section, an offender who violates division (F) of this section shall
be fined not less than two hundred fifty nor more than five
hundred dollars. An offender who violates division (F) of this
section s hall b e f fined n of m ore t han o ne h undred d ollars i f t he
offender, prior to sentencing, proves either of the followin tg o the
satisfaction of the court:
it At the time of the violation of division (Fl(11 of this
section, 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
~ecial license plates that then were valid but the offender
or the person neglected to display the placard or license
plates as described in division (F~1) of this section.
(ii) At the time of the violation of division (F)(2) of this
section, the offender or the person for whose transport the
motor vehicle was being operated had been issued a
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 73-03 Passed Page 4 . 20
parking card t hat t hen was v alid o r s pedal h andicapped
license plates that then were valid but the offender or the
person neglected to display the card or license plates as
described in division (F)(2) of this section.
(b) In no case shall an offender who violates division (F) of this
section be sentenced to any term of imprisonment.
(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 72 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 R.C. § 4503.44(a)(1).
(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 this section maybe towed or otherwise removed from the parking
location by the Dublin Police Department '^~~~ °r~^r^°~°„+ ^rt ~ ^f *li°
,•*• ^, ^„~.a;,,;~:,,., , .,~,;,.~, ~~,° ^,-v;n„ ~,,,.^~;,,r .^ ,,,,.^~°a. 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 of Dublin *'~^* ~^'~*~^^' °~~'~~'~~~~^~~~~
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 s imilar t o t hat d ivision, t he o ffender s hall b e f fined $ 25 f or e ach
parking location that is not properly marked or whose markings are not properly
maintained.
(P) The clerk of the court shall pay every fine collected under division
~K)(21 of this section to the City of Dublin. Except as provided in division
(K)(2) of this section the City of Dublin shall use the fine moneys it receives
under division (K)(2) of this section to pay the expenses it incurs in complying
with the signage and notice requirements contained in division (E) of this
section. The City of Dublin may use up to fift~per cent of each fine it receives
under division (K)(2) of this section topay the costs of educational, advocacy
support and assistive technology programs for persons with disabilities, and for
public improvements within the City of Dublin that benefit or assist persons
with disabilities if governmental agencies or nonprofit organizations offer the
programs.
RECORD OF ORDINANCES
Ordinance No.
Dayton Leal Blank, Inc. Form No. 30043
73-03 Passed Page 5 .20
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 the state law provides for a more stringent penalty then that required by
the Dublin Code; and it has become necessary to have the Dublin Code reflect that
penalty provided by the state law. Therefore, this ordinance shall go into immediate
effect.
Passed this ~!~ day of , 2003.
17~~
Attest:
= Presiding Officer
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.
'L~
D ty Clerk of Council, Dub m, Ohio
$CHOTTENSTEIN ZOX Sc ~UNN
a legal professional 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: July 2, 2003
RE: Ordinance 73-03 regarding Handicapped Parking Penalty
Dublin Code §76.02 prohibits persons from parking a motor vehicle in a
handicapped parking space unless the driver or passenger is a handicapped or disabled
person and is displaying a parking card or special handicapped license plates. Dublin Code
§76.02(K) states that whoever violates this section is guilty of a minor misdemeanor,
which carries a maximum fine of one hundred dollars ($100). However, the state law
provides that the minimum penalty for parking in a handicapped parking space is an
unclassified misdemeanor and the violator shall be fined not less than two hundred fifty
dollars ($250). Accordingly, the Dublin Code is not consistent with the minimum fine
provided by the state law.
Ordinance 73-03 will make the Dublin Code consistent with the state law minimum
fine. As noted in existing Dublin Code §76.02(E), new or replacement signs that are
posted after July 5, 2000, which was the effective date of Dublin Ordinance 74-00, must
also include a notice of the applicable fine on the surface of the sign or next to the sign.
Consequently, if any signs erected after July 5, 2000 do not contain a notice of the fine
amount, the relevant landowner will be given a warning on the first offense and then can
be fined pursuant to Dublin Code §76.02(0) for each subsequent offense.
Ordinance 73-03 will also add a section to the Dublin Code, which will correspond
to the state law, pertaining to the use of the fine money collected from handicapped
parking violations. This section will authorize Dublin to use the fine money to pay for the
expenses it incurs in complying with the signage and notice requirements and to use a
~/ portion of the fine it receives to pay the costs of educational, advocacy, support, and
www.SZD.com assistive technology programs for persons with disabilities, and for public improvements
Columbus that benefit or assist persons with disabilities.
Cleveland
Cincinnati As always, please contact this office if you have any questions or wish to further
discuss this matter.
{H0337570.3 }
The Huntington Center. 41 South Hieh Street, Suite 2600, Columbus, Ohio 43215-6106 .Voice 614/462-2700 . fax 614/462-5135