CHAPTER 351

Parking Generally

351.01 Police may remove unattended vehicle which obstructs traffic.
351.02 Registered owner prima- facie liable for unlawful parking.
351.03 Prohibited standing or parking places.
351.04 Parking near curb; handicapped locations on public and
            private lots and garages.
351.05 Manner of angle parking.
351.06 Selling, washing or repairing vehicle upon roadway.
351.07 Unattended vehicle: duty to stop engine, remove key,
            set brake and turn wheels.
351.08 Opening vehicle door on traffic side.
351.09 Truck loading zones.
351.10 Bus stops and taxicab stands.
351.11 Parking in alleys and narrow streets; exceptions.
351.12 Prohibition against parking on streets or highways.
351.13 Parking on posted private property.
351.14 Parking commercial vehicles in residential zones.
351.15 Removal of vehicles illegally parked.
351.99 Penalty.

CROSS REFERENCES

See sectional histories for similar State law
Owner nonliability, lease defense - see Ohio R.C. 4511.071
Police may remove ignition key from unattended vehicle - see TRAF. 303.03
Parking near stopped fire apparatus - see TRAF. 331.27
Lights on parked or stopped vehicles - see TRAF. 337.09


351.01 POLICE MAY REMOVE UNATTENDED VEHICLE WHICH OBSTRUCTS TRAFFIC.
Whenever any police officer finds a vehicle unattended upon any street, bridge or causeway, or in any tunnel, where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle to the nearest garage or other place of safety. (ORC 4511.67)


351.02 REGISTERED OWNER PRIMA-FACIE LIABLE FOR UNLAWFUL PARKING.
In any hearing on a charge of illegally parking a motor vehicle, testimony that a vehicle bearing a certain license plate was found unlawfully parked as prohibited by the provisions of this Traffic Code, and further testimony that the record of the Ohio Registrar of Motor Vehicles shows that the license plate was issued to the defendant, shall be prima-facie evidence that the vehicle which was unlawfully parked, was so parked by the defendant. A certified registration copy, showing such fact, from the Registrar shall be proof of such ownership.


351.03 PROHIBITED STANDING OR PARKING PLACES.
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:


(a) On a sidewalk, curb or street lawn area, except a bicycle;

(b) In front of a public or private driveway;

(c) Within an intersection;

(d) Within ten feet of a fire hydrant;

(e) On a crosswalk;

(f) Within twenty feet of a crosswalk at an intersection;

(g) Within thirty feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device;

(h) Between a safety zone and the adjacent curb or within thirty 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;

(i) Within fifty feet of the nearest rail of a railroad crossing;

(j) Within twenty feet of a driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within seventy-five feet of the entrance when it is properly posted with signs;

(k) Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;

(l) Alongside any vehicle stopped or parked at the edge or curb of a street;

(m) Upon any bridge or other elevated structure upon a street, or within a street tunnel;

(n) 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;

(o) Within one foot of another parked vehicle, except that commercial trucks may park alongside any such stopped or parked vehicle when in front of a business establishment for the purpose of loading or unloading merchandise; but only for so long as it takes to perform such act, and not when there is parking space available within reasonable distance of such establishment; or when there is an alley or other facilities available in connection with a business or business establishment for such purpose; and also, not when the operator of such vehicle is performing some act in connection with his personal affairs;

(p) On the roadway portion of a freeway, expressway or thruway;

(q) In any lawful parking space, whether marked or unmarked, upon any City street, highway, alley or other public ground of the City for a period of more than seventy-two hours without such vehicle having been used or operated by the owner thereof, and regardless of whether the vehicle is in an inoperative condition.
(Ord. 1212. Passed 5-7-87.)


351.04 PARKING NEAR CURB; HANDICAPPED LOCATIONS ON PUBLIC OR PRIVATE LOTS AND GARAGES.

(a) Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the curb side wheels of such vehicle parallel with and not more than twelve inches from the curb, unless it is impossible to approach so close to the curb; in such case the stop shall be as close to the curb as possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise.

(b) This subsection does not apply to streets or parts thereof where angle parking is lawfully permitted. However, no angle parking shall be permitted on a State Route unless an unoccupied roadway width of not less than twenty-five feet is available for free-moving traffic.

(c) No vehicle may be stopped or parked on a road or street with the vehicle facing in a direction other than the direction of travel on that side of the road or street.

(1) However, upon the recommendation of the Chief of Police and the Director of Public Service, a waiver may be authorized to permit parking of a vehicle on the side of a street or road against the flow of traffic. The waiver can be authorized if it is not detrimental to the safety of others and in consideration of traffic flow, roadway grade, roadway, local traffic, foul weather and other considerations. This waiver cannot apply to State routes or heavily traveled streets.

(2) One-way streets are excepted from this subsection.

(3) Designations indicating areas that have been exempted from this section will be on record in the Mayor?s office, the Police Department and will be published in the local newspaper after the initial waiver is granted.
(Ord. 92-017. Passed 4-16-92.)

(d) Notwithstanding any provision of this Code or any rule, 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, 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 Ohio 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 the Municipality 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 subsection and Ohio 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 subsection (e) hereof, 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 subsection (e) hereof, 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 a 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) As used in this section:

(1) "Handicapped person" means any person who has lost the use of one or both legs, or 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 a 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 Ohio 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 Ohio 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. (ORC 4511.69)


351.05 MANNER OF ANGLE PARKING.
Upon streets where angle parking is permitted, no person shall stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway as is indicated by appropriate signs or markings.


351.06 SELLING, WASHING OR REPAIRING VEHICLE UPON ROADWAY.
No person shall stop, stand or park a vehicle upon any roadway for the principal purpose of:

(a) Displaying such vehicle for sale;

(b) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency.


351.07 UNATTENDED VEHICLE: DUTY TO STOP ENGINE, REMOVE KEY, SET BRAKE AND TURN WHEELS.
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake, and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway.
The requirements of this section relating to the stopping of the engine, locking of the ignition and removing the key from the ignition of a motor vehicle shall not apply to an emergency vehicle or a public safety vehicle.
(ORC 4511.661)


351.08 OPENING VEHICLE DOOR ON TRAFFIC SIDE.
No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(ORC 4511.70(C))


351.09 LOADING ZONES.

(a) The Director of Public Safety is hereby authorized to establish and appropriately mark such commercial loading zones and bus loading zones as traffic conditions within the City may require. (Ord. 2211. Passed 4-11-53.)

(b) All loading zones already designated within the City and those to be further designated by the Department of Public Safety shall be clearly marked and painted yellow.

(c) No parking shall be permitted or allowed between the hours of 6:00 a.m. to 6:00 p.m. Monday through Saturday, inclusive, at any loading zone so marked, except that parking in front of a loading zone shall be permitted on Sunday.
(Ord. 2223. Passed 9-5-53.)


351.10 BUS STOPS AND TAXICAB STANDS.

(a) No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately posted, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone, and then only for a period not to exceed three minutes, if such stopping is not prohibited therein by posted signs.

(b) The operator of a bus shall not stop, stand or park such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop so designated and posted as such, except in case of an emergency.

(c) The operator of a bus shall enter a bus stop on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not further than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.

(d) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated and posted as such. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking provisions at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.


351.11 PARKING IN ALLEYS AND NARROW STREETS; EXCEPTIONS.

No person shall stop, stand or park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when directed to by a police officer or traffic control signal.


Except as otherwise provided by law, no person shall stop, stand or park a vehicle within an alley except while actually loading and unloading, and then only for a period not to exceed thirty minutes.


351.12 PROHIBITION AGAINST PARKING ON STREETS OR HIGHWAYS.

Upon any street or highway outside a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the street or highway if it is practicable to stop, park or so leave such vehicle off the paved or main traveled part of such street or highway. In every event, a clear and unobstructed portion of the street or highway opposite such standing vehicle shall be left for the free passage of other vehicles, and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such street or highway.


This section does not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a street or highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position. (ORC 4511.66)


351.13 PARKING ON POSTED PRIVATE PROPERTY.
If an owner of private property posts on the property in a conspicuous manner, prohibition against parking on the property or conditions and regulations under which parking is permitted, no person shall do either of the following:

(a) Park a vehicle on the property without the owner's consent;

(b) Park a vehicle on the property in violation of any condition or regulation posted by the owner. (ORC 4511.681)


351.14 PARKING COMMERCIAL VEHICLES IN RESIDENTIAL ZONES.

(a) No person shall park a truck (except a pick-up truck), semitrailer or commercial tractor at any time in an area that is zoned residential (R-1, R-2 or R-3), other than while actually engaged in loading or unloading.

(b) No truck (except a pick up truck), trailer, semi-trailer or commercial tractor shall be parked on any street, alley, street lawn area, boulevard, or berm except in the case of an emergency or while actually loading and unloading, or if such vehicle is not being loaded or unloaded for a length of time greater than one hour in any period of twenty-four hours. In case of an emergency, it shall be the affirmative obligation of the owner or operator of the vehicle immediately to notify the Police Department of the emergency, the location, and advise of the efforts which are being made to permit the movement of the truck at the earliest possible time. This shall include the obligation of the owner or the operator to arrange for towing or other movement to accomplish the result of the herein prohibited parking practices. Prompt removal will be an excusable event.

(c) This section shall not apply to carnival vehicles which are parked within the City limits for the purposes of putting on a carnival while the carnival is setting up, during the period the carnival is operating and while the carnival is dismantling.
(Ord. 91-003. Passed 2-7-91.)


351.15 REMOVAL OF VEHICLES ILLEGALLY PARKED.
If any vehicle which is found to be unattended, abandoned or in an inoperative condition is parked upon any City street, highway, alley or other public ground of the City, and in violation of any of the prohibited standing or parking places defined in Section 351.03, it shall be deemed to constitute an obstruction to traffic. Any police officer investigating shall first make an attempt to locate the owner of the vehicle and request that the same be immediately removed. In the event that the owner thereof cannot be found or in the event that the owner refuses to comply with the direction of the investigating police officer to immediately remove the vehicle, the police officer shall be authorized to provide for the removal thereof to the nearest garage or other convenient place of storage.
(Ord. 1212. Passed 5-7-87.)


351.99 PENALTY.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)


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