85-07 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc Form No 30043
Ordinance No. 85 -07
Passed
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AN ORDINANCE AMENDING CHAPTER 76 (PARKING
REGULATIONS) OF THE DUBLIN CITY CODE, BY AMENDING
AND ENACTING NEW SECTIONS, WHICH PROVIDE FOR
MORE STRINGENT PENALTIES TO PERSONS WHO PARK
VEHICLES ON A SIDEWALK, CURB, OR STREET LAWN AREA
WHEREAS, Dublin City Council desires to amend the provisions of the Dublin Codified
Ordinances ( "Dublin Code ") regarding the parking of vehicles near streets, on sidewalks,
near curbs, on street lawn areas, and on other unpaved or unfinished areas; and
WHEREAS, the City supports and encourages persons and businesses to conduct
advertising in accordance with the Dublin Code; and
WHEREAS, vehicle dealerships located in the City have utilized sidewalks, curbs, street
lawn areas, other unpaved or unfinished areas as locations to park vehicles that are being
advertised for sale; and
WHEREAS, Section 76.01 of the Dublin Code currently prohibits persons from parking
vehicles on sidewalks, curbs, and street lawn areas; and
WHEREAS, the Dublin Code currently contains restrictions that prohibit parking on non -
paved surfaces and these amendments are necessary to make the parking provisions
consistent with the zoning provisions; and
WHEREAS, alternative locations exist and provide sufficient space and exposure for
vehicle dealerships to advertise vehicles for sale; and
WHEREAS, Council desires to preserve and promote the aesthetics, health, and safety of
the City by enacting more stringent penalties for violations of the regulations regarding
parking so that police and code enforcement officials have enforcement mechanisms that
can be utilized seven days a week and twenty-four hours a day to prevent unauthorized
parking.
NOW, TYEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, �_ of the elected members concurring that:
Section 1. Existing Section 76.01 of the Codified Ordinances of the City of Dublin be
repealed and that following Section 76.01 be adopted:
I. § 76.01 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 street lawn area unpaved and/or unfinished surface, or
bike path, except a bicycle;
(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 20 feet of a crosswalk at an intersection;
(7) Within 30 feet of, and upon the approach to, any flashing beacon, stop sign or
traffic- control device;
RECORD OF ORDINANCES
Dayton Legal Blank, Inc Form No. 30043
Ordinance No. 85 -07
1
Passed Page 2 _ 20.
(8) Between a safety zone and the adjacent curb or within 30 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 50 feet of the nearest rail of a railroad crossing;
(10) Within 20 feet of a driveway entrance to any fire station and, on the side of the
street opposite the entrance to any fire station, within 75 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 unless displaying a validly issued permit for that residential area;
(I 5) Within one foot of another parked vehicle;
(16) On the roadway portion of a freeway, expressway or thruway.
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(B) Except as otherwise provided in this division, 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. If, within one
year of the offense, the offender previously has been convicted of three or more
predicate motor vehicle or traffic offenses, whoever violates this section is Ruil ty
of a misdemeanor of the second degree. If, within one year of the offense, the
offender previously has been convicted of four or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the
first degree.
Section 2 . This Ordinance shall take effect and be in force from and after the earliest
date permitted by law.
Passed this the,_ day of XZ Vf_& h 3:'tom 1 2007.
Mayor — Presiding Officer
ATTEST:
0/1/tv� a-- 044't��
Clerk of Council
T SCHOTTENSTEIN
ZOM E) U N N w.,,.
MEMORANDUM
TO
Dublin City Council
Jane S. Brautigam, City Manager
FROM
Stephen J. Smith, Law Director
DATE:
October 11, 2007
RE:
Ordinance 85 -07 Code Amendment - Parking Regulations
Summary
As a result of Dublin automobile dealerships making a regular practice of advertising vehicle
sales by parking vehicles in the unpaved or unfinished areas near streets, Council requested that
the Dublin Codified Ordinances ( "Dublin Code ") be amended to provide for increased penalties
and enforcement.
Ordinance 85 -07 amends section 76.01 of the Dublin Code to clear up inconsistencies and makes
it possible for parking regulations to be enforced seven days a week and twenty -four hours a day
for vehicles parked in unpaved or unfinished areas near streets. Additionally, Ordinance 85 -07
contains increased misdemeanor penalties for second, third, and fourth violations of the parking
regulations.
Recommendation
The Law Department recommends approval of Ordinance 85 -07.
85 -07
AN ORDINANCE AMENDING CHAPTER 76 (PARKING
REGULATIONS) OF THE DUBLIN CITY CODE, BY AMENDING
AND ENACTING NEW SECTIONS, WHICH PROVIDE FOR
MORE STRINGENT PENALTIES TO PERSONS WHO PARK
VEHICLES ON A SIDEWALK, CURB, OR STREET LAWN AREA
WHEREAS, Dublin City Council desires to amend the provisions of the Dublin
Codified Ordinances ( "Dublin Code ") regarding the parking of vehicles near streets, on
sidewalks, near curbs, on street lawn areas, and on other unpaved or unfinished areas;
and
WHEREAS, the City supports and encourages persons and businesses to conduct
advertising in accordance with the Dublin Code; and
WHEREAS, vehicle dealerships located in the City have utilized sidewalks, curbs,
street lawn areas, other unpaved or unfinished areas as locations to park vehicles that
are being advertised for sale; and
WHEREAS, Section 76.01 of the Dublin Code currently prohibits persons from
parking vehicles on sidewalks, curbs, and street lawn areas; and
WHEREAS, the Dublin Code currently contains restrictions that prohibit parking on
non -paved surfaces and these amendments are necessary to make the parking provisions
consistent with the zoning provisions; and
WHEREAS, alternative locations exist and provide sufficient space and exposure for
vehicle dealerships to advertise vehicles for sale; and
WHEREAS, Council desires to preserve and promote the aesthetics, health, and safety
of the City by enacting more stringent penalties for violations of the regulations
regarding parking so that police and code enforcement officials have enforcement
mechanisms that can be utilized seven days a week and twenty -four hours a day to
prevent unauthorized parking.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, of the elected members concurring that:
Section 1. Existing Section 76.01 of the Codified Ordinances of the City of Dublin
be repealed and that following Section 76.01 be adopted:
I. § 76.01 PROHIBITED STANDING OR PARKING PLACES.
85 -07 Page 2
(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 street lawn are unpaved and /or unfinished surface, or
bike path, except a bicycle;
(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 20 feet of a crosswalk at an intersection;
(7) Within 30 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 30 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 50 feet of the nearest rail of a railroad crossing;
(10) Within 20 feet of a driveway entrance to any fire station and, on the side of
the street opposite the entrance to any fire station, within 75 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 unless displaying a validly issued permit for that residential area,
85 -07 Page 3
(15) Within one foot of another parked vehicle;
(16) On the roadway portion of a freeway, expressway or thruway.
(B) Except as otherwise provided in this division, 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. I£ within one year of the offense, the
offender previously has been convicted of three or more predicate motor
vehicle or traffic offenses, whoever violates this section is guilty of a
misdemeanor of the second degree. I£ within one year of the offense, the
offender previously has been convicted of four or more predicate motor
vehicle or traffic offenses, whoever violates this section is guilty of a
misdemeanor of the first degree.
Section 2 . This Ordinance shall take effect and be in force from and after the earliest
date permitted by law.
Passed this the day of 1 2007.
Mayor — Presiding Officer
ATTEST:
Clerk of Council