TITLE EIGHT - Parking Chap. 452. Parking Generally.
452.01 Prohibition against parking on streets or
highways.
452.02 Police may remove illegally parked
vehicle.
452.03 Prohibited standing or parking places.
452.04 Manner of parallel and angle parking;
handicapped persons.
452.05 Willfully leaving vehicles on private or
public property.
452.06 Parking prohibitions on private property;
private tow-away zones.
452.07 Unattended vehicles; duty to lock ignition,
remove key, set brake, etc.
452.08 Opening doors on side available to
traffic.
452.09 Selling, washing or repairing vehicle upon
roadway.
452.10 Truck loading zones.
452.11 Bus stops and taxicab stands.
452.12 Parking in alleys and narrow streets;
exceptions.
452.13 Registered owner prima facie liable for
unlawful parking.
452.14 Waiver.
452.99 Penalty.
CROSS REFERENCES
See section histories for similar State law
Parking Enforcement Unit - see ADM. 248.04
Parking defined - see TRAF. 402.26
Stop defined - see TRAF. 402.45
Stopping and standing defined - see TRAF. 402.47
Police may remove ignition key from unattended vehicle - see TRAF. 404.01
Impounding; redemption - see TRAF. 404.07
Parking near stopped fire apparatus - see TRAF. 432.27
Lights on parked or stopped vehicles - see TRAF. 438.09
Parking of bicycles; locks - see TRAF. 444.08
Storage of junk vehicles - see GEN. OFF. 660.07
452.01 PROHIBITION AGAINST PARKING ON STREETS
OR HIGHWAYS.
| (a) |
| (1) |
Upon any highway,
no person shall stop, park, or leave standing any vehicle,
whether attended or unattended, upon the paved or main
traveled part of the highway if it is practicable to stop,
park, or so leave such vehicle off the paved or main
traveled part of the highway. In every event a clear and
unobstructed portion of the 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 highway.
|
| (2) |
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 highway in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the
disabled vehicle in such position.
|
|
| (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. (ORC
4511.66)
|
452.02 POLICE MAY REMOVE ILLEGALLY PARKED
VEHICLE.
| (a) |
Whenever any police
officer finds a vehicle standing upon a highway in violation of
Ohio R.C. 4511.66 or a substantially equivalent municipal
ordinance, such officer may move such vehicle, or require the
driver or other person in charge of the vehicle to move the same,
to a position off the paved or improved or main traveled part of
such highway.
|
| (b) |
Whenever any police
officer finds a vehicle unattended upon any highway, bridge, or
causeway, or in any tunnel, where such vehicles 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) |
452.03 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
title, or while obeying the directions of a police officer
or a traffic-control device, in any of the following
places:
|
| (1) |
On a sidewalk,
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 ends 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
elevated structure upon a highway, or within a highway
tunnel; |
| (14) |
At any place where
signs prohibit stopping; |
| (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. (ORC
4511.68) |
452.04 MANNER OF PARALLEL AND ANGLE PARKING;
HANDICAPPED PERSONS.
| (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 by
ordinance may permit angle parking on any roadway under their
jurisdiction, except that angle parking shall not be permitted on
a State route within the Municipality unless an unoccupied roadway
width of not less than 25 feet is available for free-moving
traffic.
|
| (b) |
Local authorities by
ordinance may 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 equipment, 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 flagperson is on duty or warning
signs or lights are displayed as may be prescribed by the Director
of Transportatio
|
| (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. All elevated signs posted in accordance with
this division 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 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:
| 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; or
|
| 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 division (f)(1)A. or (f)(1)B. of this section
may be towed or otherwise removed from the parking
location by the law enforcement agency of the
Municipality. 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) |
f a person is
charged with a violation of division (f)(1)A. or (f)(1)B.
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 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 is 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) |
No owner of an office,
facility, or parking garage where special parking locations are
required to be designated in accordance with division (e) of this
section shall fail to properly mark the special parking locations
in accordance with 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 construed 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 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 equivalent license plates or
removable windshield placard or temporary removable
windshield placard issued by a State, district, country,
or sovereignty
|
|
| (k) |
Penalty.
| (1) |
Whoever violates
division (a) or (c) of this section is guilty of a minor
misdemeanor.
|
| (2) |
| A. |
A. Whoever
violates division (f)(1)A. or B. of this section
is guilty of a misdemeanor and shall be punished
as provided in division (k)(2)A. and B. of this
section. Except as otherwise provided in division
(k)(2)A. of this section, an offender who violates
division (f)(1)A. or B. of this section shall be
fined not less than two hundred fifty dollars
($250.00) nor more than five hundred dollars
($500.00). An offender who violates division
(f)(1)A. or B. of this section shall be fined not
more than one hundred dollars ($100.00) if the
offender, prior to sentencing, proves either of
the following to the satisfaction of the court:
| 1. |
At
the time of the violation of division
(f)(1)A. 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 special 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)A. of this section.
|
| 2. |
At
the time of the violation of division
(f)(1)B. of this section, the offender or
the person for whose transport the motor
vehicle was being operated had been issued
a parking card that then was valid or
special handicapped 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)(1)B. of this section.
|
|
| B. |
In no case
shall an offender who violates division (f)(1)A.
or B. be sentenced to any term of imprisonment.
|
| C. |
An arrest
or conviction for a violation of division (f)(1)A.
or B. 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.
|
| D. |
The Clerk
of the Court shall pay every fine collected under
division (k)(2) of this section to the
Municipality. Except as provided in division
(k)(2) of this section, the Municipality 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
Municipality may use up to 50% of each fine it
receives under division (k)(2) of this section to
pay the costs of educational, advocacy, support,
and assistive technology programs for persons with
disabilities, and for public improvements within
the Municipality that benefit or assist persons
with disabilities, if governmental agencies or
nonprofit organizations offer the programs.
|
|
| (3) |
Whoever violates
division (h) of this section shall be punished as follows:
| A. |
Except as
otherwise provided in division (k)(3) of this
section, the offender shall be issued a warning.
|
| B. |
If the
offender previously has been convicted of or
pleaded guilty to a violation of division (h) of
this section or of a municipal ordinance that is
substantially equivalent to that division, the
offender shall not be issued a warning but shall
be fined not more than twenty-five dollars
($25.00) for each parking location that is not
properly marked or whose markings are not properly
maintained.
(ORC 4511.69) |
|
|
452.05 WILLFULLY LEAVING VEHICLES ON PRIVATE OR
PUBLIC PROPERTY.
| (a) |
No person shall leave any
motor vehicle, other than an abandoned junk motor vehicle, as
defined in Ohio R.C. 4513.63, on private residential or private
agricultural property for more than four hours without the
permission of the person having the right to the possession of the
property, or on a public street or other property open to the
public for purposes of vehicular travel, or upon or within the
right-of-way of any road or highway, for 48 hours or longer,
without notification to the Chief of Police of the reasons for
leaving the motor vehicle in such place.
|
| (b) |
No person shall leave a
vehicle, other than an abandoned junk motor vehicle, at a repair
garage or place of storage for a longer period than that agreed
upon by the owner of such garage or place of storage and the owner
or person in custody or control of such vehicle.
|
| (c) |
Divisions (a) and (b) of
this section do not apply to any private residential property or
private agricultural property that is established as a private
tow-away zone in accordance with Section 452.06.
|
| (d) |
As used in divisions (a)
through (c) of this section, "private residential
property" means private property on which is located one or
more structures that are used as a home, residence, or sleeping
place by one or more persons, if no more than three separate
households are maintained in the structure or structures.
"Private residential property" does not include any
private property on which is located one or more structures that
are used as a home, residence, or sleeping place by two or more
persons, if more than three separate households are maintained in
the structure or
structures.
(ORC 4513.60, 4513.61)
|
| (e) |
| (1) |
No person shall
willfully leave an abandoned junk motor vehicle, as
defined in Ohio R.C. 4513.63, on private property for more
than 72 hours without the permission of the person having
the right to the possession of the property, or on a
public street or other property open to the public for
purposes of vehicular travel or parking, or upon or within
the right-of-way of any road or highway for 48 hours or
longer without notification to the Police Chief of the
reason for leaving the motor vehicle in such place.
|
| (2) |
For purposes of
this division (e), the fact that a motor vehicle has been
so left without permission or notification is prima facie
evidence of abandonment.
|
| (3) |
Nothing contained
in this section and Ohio R.C. 4513.60, 4513.61 and 4513.63
shall invalidate or prevent the enactment of further
provisions of municipal ordinances regulating or
prohibiting the abandonment of motor vehicles on streets,
highways, public property, or private property within the
Municipality.
|
|
| (f) |
Whoever violates this
section is guilty of a minor misdemeanor and shall also be
assessed any costs incurred by the Municipality in disposing of
such abandoned junk motor vehicle, less any money accruing to the
Municipality from such
disposal. (ORC
4513.64) |
452.06 PARKING PROHIBITIONS ON PRIVATE
PROPERTY; PRIVATE TOW-AWAY ZONES.
| (a) |
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:
| (1) |
Park a vehicle on
the property without the owner's consent;
|
| (2) |
Park a vehicle on
the property in violation of any condition or regulation
posted by the owner.
|
|
| (b) |
Whoever violates division
(a) of this section is guilty of a minor
misdemeanor.
(ORC 4511.681)
|
| (c) |
| (1) |
The owner of
private property may establish a private tow-away zone
only if all of the following conditions are satisfied:
| A. |
The owner
posts on the owner's property a sign that is at
least 18 inches by 24 inches in size, that is
visible from all entrances to the property, and
that contains at least all of the following
information:
| 1. |
A
notice that the property is a private
tow-away zone and that vehicles not
authorized to park on the property will be
towed away;
|
| 2. |
The
telephone number of the person from whom a
towed-away vehicle can be recovered, and
the address of the place to which the
vehicle will be taken and the place from
which it may be recovered;
|
| 3. |
A
statement that the vehicle may be
recovered at any time during the day or
night upon the submission of proof of
ownership and the payment of a towing
charge, in an amount not to exceed ninety
dollars ($90.00), and a storage charge, in
an amount not to exceed twelve dollars
($12.00) per 24 hour period; except that
the charge for towing shall not exceed one
hundred fifty dollars ($150.00), and the
storage charge shall not exceed twenty
dollars ($20.00) per 24 hour period, if
the vehicle has a manufacturer's gross
vehicle weight rating in excess of 10,000
pounds and is a truck, bus, or a
combination of a commercial tractor and
trailer or semitrailer.
|
|
| B. |
The place
to which the towed vehicle is taken and from which
it may be recovered is conveniently located, is
well lighted, and is on or within a reasonable
distance of a regularly scheduled route of one or
more modes of public transportation, if any public
transportation is available in the Municipality in
which the private tow-away zone is located.
|
|
| (2) |
If a vehicle is
parked on private property that is established as a
private tow-away zone in accordance with division (c)(1)
without the consent of the owner of the property or in
violation of any posted parking condition or regulation,
the owner or the owner's agent may remove, or cause the
removal of, the vehicle, the owner and the operator of the
vehicle shall be deemed to have consented to the removal
and storage of the vehicle and to the payment of the
towing and storage charges specified in division
(c)(1)A.3. of this section, and the owner, subject to
division (d) of this section, may recover a vehicle that
has been so removed only in accordance with division (f)
of this section.
|
| (3) |
If the
Municipality requires tow trucks and tow truck operators
to be licensed, no owner of private property located
within the Municipality shall remove or shall cause the
removal and storage of any vehicle pursuant to division
(c)(2) of this section by an unlicensed tow truck or
unlicensed tow truck operator.
|
| (4) |
Divisions (c)(1)
through (3) of this section do not affect or limit the
operation of Ohio R.C. 4513.60 through 4513.65 as they
relate to property other than private property that is
established as a private tow-away zone under division
(c)(1) of this section.
|
|
| (d) |
If the owner or operator
of a vehicle that has been ordered into storage pursuant to
division Ohio R.C. 4513.60(A) or of a vehicle that is being
removed under authority of division (c)(2) of this section arrives
after the vehicle has been prepared for removal but prior to its
actual removal from the property, the owner or operator shall be
given the opportunity to pay a fee of not more than one-half of
the charge for the removal of vehicles under Ohio R.C. 4513.60(A)
or of vehicles under division (c)(2) of this section, whichever is
applicable, that normally is assessed by the person who has
prepared the vehicle for removal, in order to obtain release of
the vehicle. Upon payment of that fee, the vehicle shall be
released to the owner or operator, and upon its release, the owner
or operator immediately shall move it so that:
| (1) |
If the motor
vehicle was ordered into storage pursuant to Ohio R.C.
4513.60(A), it is not on the private residential or
private agricultural property without the permission of
the person having the right to possession of the property,
or is not at the garage or place of storage without the
permission of the owner, whichever is applicable;
|
| (2) |
If the vehicle was
being removed under authority of division (c)(2) of this
section, it is not parked on the private property
established as a private tow-away zone without the consent
of the owner or in violation of any posted parking
condition or regulation.
|
|
| (e) |
| (1) |
If an owner of
private property that is established as a private tow-away
zone in accordance with division (c)(1) of this section or
the authorized agent of such an owner removes or causes
the removal of a vehicle from that property under
authority of division (c)(2) of this section, the owner or
agent promptly shall notify the Police Department, the
vehicle's license number, make, model, and color, the
location from which it was removed, the date and time of
its removal, the telephone number of the person from whom
it may be recovered, and the address of the place to which
it has been taken and from which it may be recovered.
|
| (2) |
The Police Chief
shall maintain a record of vehicles that the Police Chief
orders into storage pursuant to Ohio R.C. 4513.60(A) and
of vehicles removed from private property in the Police
Chief's jurisdiction that is established as a private
tow-away zone of which the Police Chief has received
notice under division (e)(1) of this section. The record
shall include an entry for each such vehicle that
identifies the vehicle's license number, make, model, and
color, the location from which it was removed, the date
and time of its removal, the telephone number of the
person from whom it may be recovered, and the address of
the place to which it has been taken and from which it may
be recovered. Any information in the record that pertains
to a particular vehicle shall be provided to any person
who, either in person or pursuant to a telephone call,
identifies self as the owner or operator of the vehicle
and requests information pertaining to its location.
|
| (3) |
Any person who
registers a complaint that is the basis of the Police
Chief's order for the removal and storage of a vehicle
under Ohio R.C. 4513.60(A) shall provide the identity of
the law enforcement agency with which the complaint was
registered to any person who identifies self as the owner
or operator of the motor vehicle and requests information
pertaining to its location.
|
|
| (f) |
The owner of a vehicle
that is ordered into storage pursuant to Ohio R.C. 4513.60(A) or
of a vehicle that is removed under authority of division (c)(2) of
this section may reclaim it upon payment of any expenses or
charges incurred in its removal, in an amount not to exceed ninety
dollars ($90.00), and storage, in an amount not to exceed twelve
dollars ($12.00) per 24 hour period; except that the charge for
towing shall not exceed one hundred fifty dollars ($150.00), and
the storage charge shall not exceed twenty dollars ($20.00) per 24
hour period, if the vehicle has a manufacturer's gross vehicle
weight rating in excess of 10,000 pounds and is a truck, bus, or a
combination of a commercial tractor and trailer or semitrailer.
Presentation of proof of ownership, which may be evidenced by a
certificate of title to the vehicle also shall be required for
reclamation of the vehicle. If a vehicle that is ordered into
storage pursuant to Ohio R.C. 4513.60(A) remains unclaimed by the
owner for 30 days, the procedures established by Ohio R.C. 4513.61
and 4513.62 shall apply.
|
| (g) |
No person shall remove, or
cause the removal of, any vehicle from private property that is
established as a private tow-away zone under division (c)(1) of
this section other than in accordance with division (c)(2) of this
section, and no person shall remove, or cause the removal of, any
motor vehicle from any other private property other than in
accordance with Ohio R.C. 4513.60 through 4513.65.
|
| (h) |
| (1) |
Whoever violates
division (c)(3) of this section is guilty of a minor
misdemeanor.
|
| (2) |
Except as
otherwise provided in this division, whoever violates
division (g) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted
of or pleaded guilty to a violation of division (g) of
this section or Ohio R.C. 4513.60(F), whoever violates
division (g) of this section is guilty of a misdemeanor of
the third
degree.
(ORC 4513.60) |
|
452.07 UNATTENDED VEHICLES; DUTY TO LOCK
IGNITION, REMOVE KEY, SET BRAKE, ETC.
| (a) |
| (1) |
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.
|
| (2) |
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.
|
|
| (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.
(ORC 4511.661) |
452.08 OPENING DOORS ON SIDE AVAILABLE TO
TRAFFIC.
| (a) |
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.
|
| (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. (ORC
4511.70) |
452.09 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; or |
| (b) |
Washing, greasing or repairing such vehicle except
repairs necessitated by an emergency. |
452.10 TRUCK LOADING ZONES.
No person shall stop, stand or park a vehicle for any purpose or length of
time, other than for the expeditious unloading and delivery or pickup and
loading of materials, in any place marked as a truck loading zone during
hours when the provisions applicable to such zones are in effect. In no
case shall the stop for loading and unloading of materials exceed 30
minutes.
452.11 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) |
No operator of a bus shall
stop, stand or park such vehicle upon any street or other public
way 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) |
No operator of a bus shall
fail to enter a bus stop on a street or other public way in such a
manner that the bus when stopped to load or unload passengers or
baggage is in a position with the right front wheel of such
vehicle not further than 18 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) |
No operator of a taxicab
shall stand or park such vehicle upon any street or other public
way 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.
|
452.12 PARKING IN ALLEYS AND NARROW STREETS;
EXCEPTIONS.
| (a) |
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.
|
| (b) |
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 30 minutes. |
452.13 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.
452.14 WAIVER.
Any person charged with a violation of any provision of this chapter for
which payment of a prescribed fine may be made, may pay such sum in the
manner prescribed on the issued traffic ticket. Such payment shall be
deemed a plea of guilty, waiver of court appearance and acknowledgment of
conviction of the alleged offense and may be accepted in full satisfaction
of the prescribed penalty for such alleged violation. Payment of the
prescribed fine need not be accepted when laws prescribe that a certain
number of such offenses shall require court appearance.
452.99 PENALTY.
(Editor's note: See 408.01 and 408.02
for general Traffic Code penalty if no specific penalty is provided.)
|