H. B. No. 30 As Introduced

Representatives Williams, Kearns, Calvert, Flowers

A BILL

To amend sections 4521.01, 4521.02, and 4521.10 of 1
the Revised Code to permit a local authority to 2
consider for purposes of the Local Noncriminal 3
Parking Law a fine of up to $500 for a violation 4
of an ordinance, resolution, or regulation that 5
regulates the standing or parking of a vehicle in 6
a disability parking space, and to provide that if 7
a person fails to pay a fine for such a violation 8
and the fine exceeds $100 that person may not be 9
permitted to register a motor vehicle in that 10
person's name. 11

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4521.01, 4521.02, and 4521.10 be 12
amended to read as follows: 13

       Sec. 4521.01. As used in this chapter: 14

       (A) "Parking infraction" means a violation of any ordinance, 15
resolution, or regulation enacted by a local authority that 16
regulates the standing or parking of vehicles and that is 17
authorized pursuant to section 505.17 or 4511.07 of the Revised 18
Code, or a violation of any ordinance, resolution, or regulation 19
enacted by a local authority as authorized by this chapter, if the 20
local authority in either of these cases also has enacted an 21
ordinance, resolution, or regulation of the type described in 22
division (A) of section 4521.02 of the Revised Code in relation to 23
the particular regulatory ordinance, resolution, or regulation. 24

       (B) "Vehicle" has the same meaning as in section 4511.01 of 25
the Revised Code. 26

       (C) "Court" means a municipal court, county court, juvenile 27
court, or mayor's court, unless specifically identified as one of 28
these courts, in which case it means the specifically identified 29
court. 30

       (D) "Local authority" means every county, municipal 31
corporation, township, or other local board or body having 32
authority to adopt police regulations pursuant to the constitution 33
and laws of this state. 34

       (E) "Disability parking space" means a motor vehicle parking 35
location that is reserved for the exclusive standing or parking of 36
a vehicle that is operated by or on behalf of a person with a 37
disability that limits or impairs the ability to walk and displays 38
a placard or license plates issued under section 4503.44 of the 39
Revised Code. 40

        (F) "Person with a disability that limits or impairs the 41
ability to walk" has the same meaning as in section 4503.44 of the 42
Revised Code. 43

       Sec. 4521.02. (A) A local authority that enacts any 44
ordinance, resolution, or regulation that regulates the standing 45
or parking of vehicles and that is authorized pursuant to section 46
505.17 or 4511.07 of the Revised Code also by ordinance, 47
resolution, or regulation may specify that a violation of the 48
regulatory ordinance, resolution, or regulation shall not be 49
considered a criminal offense for any purpose, that a person who 50
commits the violation shall not be arrested as a result of the 51
commission of the violation, and that the violation shall be 52
handled pursuant to this chapter. If such a specification is made, 53
the local authority also by ordinance, resolution, or regulation 54
shall adopt a fine for a violation of the regulatory ordinance, 55
resolution, or regulation and prescribe an additional penalty or 56
penalties for failure to answer any charges of the violation in a 57
timely manner. In no case shall any fine adopted or additional 58
penalty prescribed pursuant to this division exceed the fine 59
established by the municipal or county court having territorial 60
jurisdiction over the entire or a majority of the political 61
subdivision of the local authority, in its schedule of fines 62
established pursuant to Traffic Rule 13(C), for a substantively 63
comparable violation. InExcept as provided in this division, in 64
no case shall any fine adopted or additional penalty prescribed 65
pursuant to this division exceed one hundred dollars, plus costs 66
and other administrative charges, per violation. 67

       A local authority may adopt a fine not exceeding five hundred 68
dollars, plus costs and other administrative charges, for a 69
violation of an ordinance, resolution, or regulation that 70
regulates the standing or parking of a vehicle in a disability 71
parking space. 72

       (B) A local authority that enacts an ordinance, resolution, 73
or regulation pursuant to division (A) of this section also may 74
enact an ordinance, resolution, or regulation that provides for 75
the impoundment or immobilization of vehicles found standing or 76
parked in violation of the regulatory ordinance, resolution, or 77
regulation and the release of the vehicles to their owners. In no 78
case shall an ordinance, resolution, or regulation require the 79
owner of the vehicle to post bond or deposit cash in excess of one 80
thousand dollars in order to obtain release of the vehicle. 81

       (C) A local authority that enacts any ordinance, resolution, 82
or regulation pursuant to division (A) of this section also shall 83
enact an ordinance, resolution, or regulation that specifies the 84
time within which a person who is issued a parking ticket must 85
answer in relation to the parking infraction charged in the 86
ticket. 87

       Sec. 4521.10. (A)(1) At any time if a judgment or default 88
judgment is entered against a person pursuant to section 4521.08 89
of the Revised Code for a violation of an ordinance, resolution, 90
or regulation that regulates the standing or parking of a vehicle 91
in a disability parking space and the fine for such violation 92
exceeds one hundred dollars exclusive of costs and other 93
administrative charges and the person has not paid the judgment or 94
default judgment within ten days of the date of entry of the 95
judgment, the parking violations bureau, joint parking violations 96
bureau, or traffic violations bureau in which the judgment was 97
entered may give notice of that fact to the registrar of motor 98
vehicles. The notice, if given, shall be given not earlier than 99
sixteen days nor later than three years after the date of entry of 100
the judgment, and shall be in a form and manner, and contain such 101
information, as the registrar prescribes. 102

        (2) If three or more judgments or default judgments have been 103
entered against a person pursuant to section 4521.08 of the 104
Revised Code and the person has not paid the judgments or default 105
judgments within ten days of the date of entry of the third 106
judgment, the parking violations bureau, joint parking violations 107
bureau, or traffic violations bureau in which the judgments were 108
entered may give notice of that fact to the registrar ~~of motor~~ 109
~~vehicles~~. The notice, if given, shall be given not earlier than 110
sixteen days nor later than three years after the date of entry of 111
the third judgment, and shall be in a form and manner, and contain 112
such information, as the registrar prescribes. 113

       (B)(1) Upon receipt of a notice as provided in division (A) 114
of this section, neither the registrar nor any deputy registrar 115
shall accept any application for the registration or transfer of 116
registration of any motor vehicle owned or leased by the person 117
named in the notice unless the person presents a release as 118
provided in division (C) of this section or unless the registrar 119
is properly notified by the parking violations bureau, joint 120
parking violations bureau, or traffic violations bureau that the 121
judgment or default judgment described in division (A)(1) of this 122
section or the judgments or default judgments described in 123
division (A)(2) of this section have been paid, dismissed, or 124
reversed on appeal, or that the initial notice was given in error 125
and is therefore canceled. 126

       (2) The registrar shall not be required to give effect to any 127
notice provided by a parking violations bureau, joint parking 128
violations bureau, or traffic violations bureau under division (A) 129
of this section unless the information contained in the "Ohio 130
uniform traffic tickets" described in Traffic Rule 3 (A) and (B) 131
that the bureau processes is transmitted to the registrar by means 132
of an electronic transfer system. 133

       (C) When a notice as provided in division (A) of this section 134
is given to the registrar and the judgments or default judgments 135
are subsequently paid, dismissed, or reversed on appeal, or it is 136
discovered that the notice was given in error and is therefore 137
canceled, the parking violations bureau, joint parking violations 138
bureau, or traffic violations bureau giving the initial notice 139
shall immediately notify the registrar of such payment, dismissal, 140
reversal, or cancellation. The notification shall be in a form and 141
manner, and contain such information, as the registrar prescribes. 142
If the initial notice was not given in error, the parking 143
violations bureau, joint parking violations bureau, or traffic 144
violations bureau shall charge the person a five dollar processing 145
fee for each judgment or default judgment to cover the costs of 146
the bureau of motor vehicles in administering this section. Upon 147
payment of the fee, the parking violations bureau, joint parking 148
violations bureau, or traffic violations bureau shall give to the 149
person a release to be presented at the time of registering or 150
transferring the registration of a motor vehicle owned or leased 151
by ~~him~~the person. All fees collected under this division shall be 152
transmitted monthly to the registrar for deposit in the state 153
bureau of motor vehicles fund established by section 4501.25 of 154
the Revised Code. 155

       (D) The registrar shall cause the information contained in 156
each notice received pursuant to division (A) of this section to 157
be removed from the records of the bureau of motor vehicles and of 158
the deputy registrars thirteen months after the date the 159
information was entered into the records, unless the registrar 160
receives a further notice from the parking violations bureau, 161
joint parking violations bureau, or traffic violations bureau 162
submitting the initial notice that the judgments or default 163
judgments are still outstanding. 164

       (E) When any application for the registration or transfer of 165
registration of a motor vehicle is refused as provided in division 166
(B) of this section, the registrar or deputy registrar to whom 167
application is made shall inform the person that no such 168
application may be accepted unless the person presents a release 169
as provided in division (C) of this section or the records of the 170
bureau of motor vehicles and of the deputy registrar indicate that 171
each judgment and default judgment against the person is paid, 172
dismissed, reversed on appeal, or canceled. 173

       (F) When any person named in a notice as provided in division 174
(A) of this section applies for the registration or transfer of 175
registration of any motor vehicle owned or leased by ~~him~~the 176
person and presents a release as provided in division (C) of this 177
section or the records of the bureau of motor vehicles and of any 178
deputy registrar to whom the application is made indicate that 179
each judgment and default judgment against the person has been 180
paid, dismissed, or reversed on appeal, the registrar or deputy 181
registrar shall accept the application for registration or 182
transfer of registration and may issue a certificate of 183
registration or amended certificate of registration for the motor 184
vehicle. 185

       (G) In determining whether the judgments or default judgments 186
that have been entered against a person as provided in division 187
(A)(2) of this section total three or more, the parking violations 188
bureau, joint parking violations bureau, or traffic violations 189
bureau may apply to that total any violation the person committed 190
during the relevant time period by illegally standing or parking a 191
vehicle in a disability parking space, irrespective of the amount 192
of the fine imposed for such violation. 193

        (H) The registrar shall adopt such rules as hethe registrar 194
considers necessary to ensure the orderly operation of sections 195
4521.09 and 4521.10 of the Revised Code, and any parking 196
violations bureau, joint parking violations bureau, or traffic 197
violations bureau shall conform to those rules. 198

       Section 2. That existing sections 4521.01, 4521.02, and 199
4521.10 the Revised Code are hereby repealed. 200

Section 1. That sections 4521.01, 4521.02, and 4521.10 be	12
amended to read as follows:	13

(A) "Parking infraction" means a violation of any ordinance,	15
resolution, or regulation enacted by a local authority that	16
regulates the standing or parking of vehicles and that is	17
authorized pursuant to section 505.17 or 4511.07 of the Revised	18
Code, or a violation of any ordinance, resolution, or regulation	19
enacted by a local authority as authorized by this chapter, if the	20
local authority in either of these cases also has enacted an	21
ordinance, resolution, or regulation of the type described in	22
division (A) of section 4521.02 of the Revised Code in relation to	23
the particular regulatory ordinance, resolution, or regulation.	24

(B) "Vehicle" has the same meaning as in section 4511.01 of	25
the Revised Code.	26

(C) "Court" means a municipal court, county court, juvenile	27
court, or mayor's court, unless specifically identified as one of	28
these courts, in which case it means the specifically identified	29
court.	30

(D) "Local authority" means every county, municipal	31
corporation, township, or other local board or body having	32
authority to adopt police regulations pursuant to the constitution	33
and laws of this state.	34

(E) "Disability parking space" means a motor vehicle parking	35
location that is reserved for the exclusive standing or parking of	36
a vehicle that is operated by or on behalf of a person with a	37
disability that limits or impairs the ability to walk and displays	38
a placard or license plates issued under section 4503.44 of the	39
Revised Code.	40

(F) "Person with a disability that limits or impairs the	41
ability to walk" has the same meaning as in section 4503.44 of the	42
Revised Code.	43

Sec. 4521.02. (A) A local authority that enacts any	44
ordinance, resolution, or regulation that regulates the standing	45
or parking of vehicles and that is authorized pursuant to section	46
505.17 or 4511.07 of the Revised Code also by ordinance,	47
resolution, or regulation may specify that a violation of the	48
regulatory ordinance, resolution, or regulation shall not be	49
considered a criminal offense for any purpose, that a person who	50
commits the violation shall not be arrested as a result of the	51
commission of the violation, and that the violation shall be	52
handled pursuant to this chapter. If such a specification is made,	53
the local authority also by ordinance, resolution, or regulation	54
shall adopt a fine for a violation of the regulatory ordinance,	55
resolution, or regulation and prescribe an additional penalty or	56
penalties for failure to answer any charges of the violation in a	57
timely manner. In no case shall any fine adopted or additional	58
penalty prescribed pursuant to this division exceed the fine	59
established by the municipal or county court having territorial	60
jurisdiction over the entire or a majority of the political	61
subdivision of the local authority, in its schedule of fines	62
established pursuant to Traffic Rule 13(C), for a substantively	63
comparable violation. InExcept as provided in this division, in	64
no case shall any fine adopted or additional penalty prescribed	65
pursuant to this division exceed one hundred dollars, plus costs	66
and other administrative charges, per violation.	67

A local authority may adopt a fine not exceeding five hundred	68
dollars, plus costs and other administrative charges, for a	69
violation of an ordinance, resolution, or regulation that	70
regulates the standing or parking of a vehicle in a disability	71
parking space.	72

(B) A local authority that enacts an ordinance, resolution,	73
or regulation pursuant to division (A) of this section also may	74
enact an ordinance, resolution, or regulation that provides for	75
the impoundment or immobilization of vehicles found standing or	76
parked in violation of the regulatory ordinance, resolution, or	77
regulation and the release of the vehicles to their owners. In no	78
case shall an ordinance, resolution, or regulation require the	79
owner of the vehicle to post bond or deposit cash in excess of one	80
thousand dollars in order to obtain release of the vehicle.	81

(C) A local authority that enacts any ordinance, resolution,	82
or regulation pursuant to division (A) of this section also shall	83
enact an ordinance, resolution, or regulation that specifies the	84
time within which a person who is issued a parking ticket must	85
answer in relation to the parking infraction charged in the	86
ticket.	87

Sec. 4521.10. (A)(1) At any time if a judgment or default	88
judgment is entered against a person pursuant to section 4521.08	89
of the Revised Code for a violation of an ordinance, resolution,	90
or regulation that regulates the standing or parking of a vehicle	91
in a disability parking space and the fine for such violation	92
exceeds one hundred dollars exclusive of costs and other	93
administrative charges and the person has not paid the judgment or	94
default judgment within ten days of the date of entry of the	95
judgment, the parking violations bureau, joint parking violations	96
bureau, or traffic violations bureau in which the judgment was	97
entered may give notice of that fact to the registrar of motor	98
vehicles. The notice, if given, shall be given not earlier than	99
sixteen days nor later than three years after the date of entry of	100
the judgment, and shall be in a form and manner, and contain such	101
information, as the registrar prescribes.	102

(2) If three or more judgments or default judgments have been	103
entered against a person pursuant to section 4521.08 of the	104
Revised Code and the person has not paid the judgments or default	105
judgments within ten days of the date of entry of the third	106
judgment, the parking violations bureau, joint parking violations	107
bureau, or traffic violations bureau in which the judgments were	108
entered may give notice of that fact to the registrar ~~of motor~~	109
~~vehicles~~. The notice, if given, shall be given not earlier than	110
sixteen days nor later than three years after the date of entry of	111
the third judgment, and shall be in a form and manner, and contain	112
such information, as the registrar prescribes.	113

(B)(1) Upon receipt of a notice as provided in division (A)	114
of this section, neither the registrar nor any deputy registrar	115
shall accept any application for the registration or transfer of	116
registration of any motor vehicle owned or leased by the person	117
named in the notice unless the person presents a release as	118
provided in division (C) of this section or unless the registrar	119
is properly notified by the parking violations bureau, joint	120
parking violations bureau, or traffic violations bureau that the	121
judgment or default judgment described in division (A)(1) of this	122
section or the judgments or default judgments described in	123
division (A)(2) of this section have been paid, dismissed, or	124
reversed on appeal, or that the initial notice was given in error	125
and is therefore canceled.	126

(2) The registrar shall not be required to give effect to any	127
notice provided by a parking violations bureau, joint parking	128
violations bureau, or traffic violations bureau under division (A)	129
of this section unless the information contained in the "Ohio	130
uniform traffic tickets" described in Traffic Rule 3 (A) and (B)	131
that the bureau processes is transmitted to the registrar by means	132
of an electronic transfer system.	133

(C) When a notice as provided in division (A) of this section	134
is given to the registrar and the judgments or default judgments	135
are subsequently paid, dismissed, or reversed on appeal, or it is	136
discovered that the notice was given in error and is therefore	137
canceled, the parking violations bureau, joint parking violations	138
bureau, or traffic violations bureau giving the initial notice	139
shall immediately notify the registrar of such payment, dismissal,	140
reversal, or cancellation. The notification shall be in a form and	141
manner, and contain such information, as the registrar prescribes.	142
If the initial notice was not given in error, the parking	143
violations bureau, joint parking violations bureau, or traffic	144
violations bureau shall charge the person a five dollar processing	145
fee for each judgment or default judgment to cover the costs of	146
the bureau of motor vehicles in administering this section. Upon	147
payment of the fee, the parking violations bureau, joint parking	148
violations bureau, or traffic violations bureau shall give to the	149
person a release to be presented at the time of registering or	150
transferring the registration of a motor vehicle owned or leased	151
by ~~him~~the person. All fees collected under this division shall be	152
transmitted monthly to the registrar for deposit in the state	153
bureau of motor vehicles fund established by section 4501.25 of	154
the Revised Code.	155

(D) The registrar shall cause the information contained in	156
each notice received pursuant to division (A) of this section to	157
be removed from the records of the bureau of motor vehicles and of	158
the deputy registrars thirteen months after the date the	159
information was entered into the records, unless the registrar	160
receives a further notice from the parking violations bureau,	161
joint parking violations bureau, or traffic violations bureau	162
submitting the initial notice that the judgments or default	163
judgments are still outstanding.	164

(E) When any application for the registration or transfer of	165
registration of a motor vehicle is refused as provided in division	166
(B) of this section, the registrar or deputy registrar to whom	167
application is made shall inform the person that no such	168
application may be accepted unless the person presents a release	169
as provided in division (C) of this section or the records of the	170
bureau of motor vehicles and of the deputy registrar indicate that	171
each judgment and default judgment against the person is paid,	172
dismissed, reversed on appeal, or canceled.	173

(F) When any person named in a notice as provided in division	174
(A) of this section applies for the registration or transfer of	175
registration of any motor vehicle owned or leased by ~~him~~the	176
person and presents a release as provided in division (C) of this	177
section or the records of the bureau of motor vehicles and of any	178
deputy registrar to whom the application is made indicate that	179
each judgment and default judgment against the person has been	180
paid, dismissed, or reversed on appeal, the registrar or deputy	181
registrar shall accept the application for registration or	182
transfer of registration and may issue a certificate of	183
registration or amended certificate of registration for the motor	184
vehicle.	185

(G) In determining whether the judgments or default judgments	186
that have been entered against a person as provided in division	187
(A)(2) of this section total three or more, the parking violations	188
bureau, joint parking violations bureau, or traffic violations	189
bureau may apply to that total any violation the person committed	190
during the relevant time period by illegally standing or parking a	191
vehicle in a disability parking space, irrespective of the amount	192
of the fine imposed for such violation.	193

(H) The registrar shall adopt such rules as hethe registrar	194
considers necessary to ensure the orderly operation of sections	195
4521.09 and 4521.10 of the Revised Code, and any parking	196
violations bureau, joint parking violations bureau, or traffic	197
violations bureau shall conform to those rules.	198

Section 2. That existing sections 4521.01, 4521.02, and	199
4521.10 the Revised Code are hereby repealed.	200