PARKING TICKET SAMPLE
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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 or within six feet of a public or private driveway;
(c) Within an intersection;
(d) On the side of a street on which fire hydrants are placed;
(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;
(p) On the roadway portion of a freeway, expressway or thruway. (ORC 4511. 68)
(q) Within fifty feet of any hazardous or congested place, when such standing, stopping or parking would increase such hazard;
(r) Within 100 feet of any school building or playground, when such standing, stopping or parking would cause a hazardous condition;
(s) City property, unless otherwise specified;
(t) At or upon any vacant parcel of land.
(Ord. 1983-29. Passed 4-11-83; Ord. 1991-4. Passed 4-8-91.)
351.04 PARKING NEAR CURB; HANDICAPPED LOCATIONS ON PUBLIC AND 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 the 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) (1) Except as provided in subsection (c)(2) hereof, 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.
(2) The operator of a motorcycle may back the motorcycle into an angled parking space so that when the motorcycle is parked it is facing in a direction other than the direction of travel on the side of the road or highway.
(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 flagperson 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 (C) 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. If a new sign or a replacement sign designating a special parking location is posted on or after October 14, 1999, 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.
(f) (1) 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:
A. 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;
B. 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.
(2) Any motor vehicle that is parked in a special marked parking location in violation of subsection (f)(1) of this section may be towed or otherwise removed from the parking location by the Police Department. 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 Municipality 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 the Municipality for towing and storing motor vehicles.
(3) If a person is charged with a violation of subsection (f)(1) 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 Ohio R.C. 4503.44(A)(1).
(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.
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.
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.
351.09 TRUCK AND PASSENGER LOADING ZONES
(a) No operator of a vehicle shall stop, stand or park a vehicle for a period of time longer than is necessary for the expeditious loading or unloading of passengers in any place marked as a passenger zone.
(b) No operator of a vehicle shall stop, stand or park a vehicle for a period of time longer than is necessary for the unloading and delivery or pick up and loading of materials, in any place marked as a loading zone. In no case shall the stop for loading and for unloading of materials exceed thirty minutes.
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.
351.13 NO ALL NIGHT PARKING
No person shall park any vehicle on any street or highway in the City between 2:00am and 5:00am.
(Ord. 2003-39. Passed 6-23-03).
351.14 PARKING PROHIBITED ON EUCLID AVENUE
No person shall stand or park a vehicle upon Euclid Avenue any time throughout the day or night.
(Ord. 1968-85. Passed 12-23-68.)
351.15 DEMONSTRATION OF VEHICLES; ADVERTISING
No person shall park or drive any vehicle on any street solely for the purpose of demonstrating the vehicle, or demonstrating any article for sale, or for advertising purposes.
(Ord. 1941-20. Passed 8-27-41).
351.16 PARKING IN FRONT YARDS
(EDITOR’S NOTE: Former Section 351.16 was repealed by Ordinance 1996-2, passed April 22, 1996.)
351.17 ABANDONED VEHICLES
(a) No person, being the owner, lessee, agent or tenant having charge of lots or lands within the Municipality, shall park, store or leave or permit to be parked, stored or left upon such lots or lands, any abandoned vehicle.
(b) As used in this section, “abandoned vehicle” means any vehicle as defined in Ohio R.C. 4501.01 which is dismantled, inoperative or unlicensed, parked, stored or left on any lots or lands in the Municipality for a period of more than ten days, unless it is kept in a completely enclosed building or garage.
(c) When the Chief of Police ascertains that an abandoned vehicle is parked, stored or left upon lots or lands within the Municipality, he shall cause written notice and demand to be served upon the owner, lessee, agent or tenant having charge of such lots or lands that such vehicle shall be removed from such premises within five days after the service of such notice. If the owner, or other person having charge of the lands is a nonresident whose address is known, the notice shall be sent to his address by registered mail. If the address of the owner is unknown, it shall be sufficient to publish the notice once in a newspaper of general circulation in Lake County, Ohio. Any police officer of the Municipality may make service and return of the notice provided for in this section.
(d) The five-day period as prescribed in subsection (c) hereof shall be deemed to commence from the day of the service of notice or the date of publication, if any. If the person notified shall fail to remove such vehicle within the time prescribed by this section, the Municipality shall remove or cause to be removed such vehicle and dispose of the same according to law. All expenses and costs of removal and/or disposal shall be charged against the owner of such vehicle or the owner of the lots or lands upon which such vehicle is parked, stored or left or both, and shall be in addition to any fine, cost or penalty for which the owner of such vehicle or the owner of such lots or lands may have become liable.
(e) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. Punishment shall be provided in Section 303.99. A separate offense shall be deemed committed for each successive day a violation continues.
(Ord. 1978-97. Passed 1-22-78.)
351.18 PARKING ON POSTED PRIVATE PROPERTY
If an owner of private property posts on the property in a conspicuous manner, a 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; Ord. 1985-44. Passed 5-28-85.)
(a) Whoever violates any provision of this chapter, other than Sections 351.04(e), 351.16 and 351.17, upon execution and filing with the Chief of Police a written instrument waiving the formal issuance of an affidavit and warrant, together with the reading of such affidavit and the right to be present personally at the trial thereof and further waiving the right of appeal and error, and authorizing a plea of guilty to be entered in his behalf, and the defendant submitting to the mercy of the Court, and upon depositing with the Chief of Police the sum of ten dollars ($10.00) within forty-eight hours after such citation, or upon depositing with the Chief of Police the sum of fifteen dollars ($15.00) within seventy-two hours after such citation, may be fined the respective amounts by the Court.
(Ord. 2003-39. Passed 6-23-03.)
(b) Whoever violates Section 351.04(e), upon execution and filing with the Chief of Police a written instrument and waiving the formal issuance of an affidavit and warrant, together with the reading of such affidavit and the right to be present personally at the trial thereof and further waiving the right of appeal and error, and authorizing a plea of guilty to be entered in his behalf, and the defendant submitting to the mercy of the Court, and upon depositing with the Chief of Police the sum of one hundred dollars ($100.00) within forty-eight hours after such citation, or upon depositing with the Chief of Police the sum of one hundred fifty dollars ($150.00) within seventy-two hours after such citation, may be fined the respective amounts by the Court.
(Ord. 2006-54. Passed 10-23-06.)
(c) Upon failure to appear in response to such notice within such time or having failed to file such waiver and pay such waiver amount, a warrant shall be issued for the arrest of such offender and for his appearance in court.
(Ord. 2003-39. Passed 6-23-03.)