REPRESENTATIVES Williams, Kearns, Calvert, Flowers, S. Patton, Perry, Price, Reinhard, Schlichter, Widowfield, Carano, Distel, Driehaus, C. Evans, D. Evans, T. Patton, Peterson, Redfern, Setzer, Sferra, Taylor

To amend sections 4521.01, 4521.02, and 4521.10 of

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the Revised Code to permit a local authority to

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consider for purposes of the Local Noncriminal

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Parking Law a fine of $250 to $500 for a violation

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of an ordinance, resolution, or regulation that

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regulates the standing or parking of a vehicle in

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a disability parking space, and to provide that if

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a person fails to pay a fine for such a violation

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that person may not be permitted to register a

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motor vehicle in that person's name.

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

Section 1. That sections 4521.01, 4521.02, and 4521.10 be	11
amended to read as follows:	12

Sec. 4521.01.  As used in this chapter:

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(A) "Parking infraction" means a violation of any ordinance,	14
resolution, or regulation enacted by a local authority that	15
regulates the standing or parking of vehicles and that is	16
authorized pursuant to section 505.17 or 4511.07 of the Revised	17
Code, or a violation of any ordinance, resolution, or regulation	18
enacted by a local authority as authorized by this chapter, if the	19
local authority in either of these cases also has enacted an	20
ordinance, resolution, or regulation of the type described in	21
division (A) of section 4521.02 of the Revised Code in relation to	22
the particular regulatory ordinance, resolution, or regulation.	23

(B) "Vehicle" has the same meaning as in section 4511.01 of	24
the Revised Code.	25

(C) "Court" means a municipal court, county court, juvenile	26
court, or mayor's court, unless specifically identified as one of	27
these courts, in which case it means the specifically identified	28
court.	29

(D) "Local authority" means every county, municipal	30
corporation, township, or other local board or body having	31
authority to adopt police regulations pursuant to the constitution	32
and laws of this state.	33

(E) "Disability parking space" means a motor vehicle parking	34
location that is reserved for the exclusive standing or parking of	35
a vehicle that is operated by or on behalf of a person with a	36
disability that limits or impairs the ability to walk and displays	37
a placard or license plates issued under section 4503.44 of the	38
Revised Code.	39

(F) "Person with a disability that limits or impairs the	40
ability to walk" has the same meaning as in section 4503.44 of the	41
Revised Code.	42

Sec. 4521.02.  (A) A local authority that enacts any	43
ordinance, resolution, or regulation that regulates the standing	44
or parking of vehicles and that is authorized pursuant to section	45
505.17 or 4511.07 of the Revised Code also by ordinance,	46
resolution, or regulation may specify that a violation of the	47
regulatory ordinance, resolution, or regulation shall not be	48
considered a criminal offense for any purpose, that a person who	49
commits the violation shall not be arrested as a result of the	50
commission of the violation, and that the violation shall be	51
handled pursuant to this chapter. If such a specification is made,	52
the local authority also by ordinance, resolution, or regulation	53
shall adopt a fine for a violation of the regulatory ordinance,	54
resolution, or regulation and prescribe an additional penalty or	55
penalties for failure to answer any charges of the violation in a	56
timely manner. In no case shall any fine adopted or additional	57
penalty prescribed pursuant to this division exceed the fine	58
established by the municipal or county court having territorial	59
jurisdiction over the entire or a majority of the political	60
subdivision of the local authority, in its schedule of fines	61
established pursuant to Traffic Rule 13(C), for a substantively	62
comparable violation. InExcept as provided in this division, in	63
no case shall any fine adopted or additional penalty prescribed	64
pursuant to this division exceed one hundred dollars, plus costs	65
and other administrative charges, per violation.	66

If a local authority chooses to adopt a specific fine for a	67
violation of an ordinance, resolution, or regulation that	68
regulates the standing or parking of a vehicle in a disability	69
parking space, the fine the local authority establishes for such	70
offense shall be an amount not less than two hundred fifty dollars	71
but not more than five hundred dollars.	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) If a judgment or default judgment is	88
entered against a person pursuant to section 4521.08 of the	89
Revised Code for a violation of an ordinance, resolution, or	90
regulation that regulates the standing or parking of a vehicle in	91
a disability parking space and the person has not paid the	92
judgment or default judgment within ten days of the date of entry	93
of the judgment, the parking violations bureau, joint parking	94
violations bureau, or traffic violations bureau in which the	95
judgment was entered may give notice of that fact to the registrar	96
of motor vehicles. The notice, if given, shall be given not	97
earlier than sixteen days nor later than three years after the	98
date of entry of the judgment, and shall be in a form and manner,	99
and contain such information, as the registrar prescribes.	100

(2) If three or more judgments or default judgments have been	101
entered against a person pursuant to section 4521.08 of the	102
Revised Code and the person has not paid the judgments or default	103
judgments within ten days of the date of entry of the third	104
judgment, the parking violations bureau, joint parking violations	105
bureau, or traffic violations bureau in which the judgments were	106
entered may give notice of that fact to the registrar of motor	107
vehicles. The notice, if given, shall be given not earlier than	108
sixteen days nor later than three years after the date of entry of	109
the third judgment, and shall be in a form and manner, and contain	110
such information, as the registrar prescribes.	111

(B)(1) Upon receipt of a notice as provided in division (A)	112
of this section, neither the registrar nor any deputy registrar	113
shall accept any application for the registration or transfer of	114
registration of any motor vehicle owned or leased by the person	115
named in the notice unless the person presents a release as	116
provided in division (C) of this section or unless the registrar	117
is properly notified by the parking violations bureau, joint	118
parking violations bureau, or traffic violations bureau that the	119
judgment or default judgment described in division (A)(1) of this	120
section or the judgments or default judgments described in	121
division (A)(2) of this section have been paid, dismissed, or	122
reversed on appeal, or that the initial notice was given in error	123
and is therefore canceled.	124

(2) The registrar shall not be required to give effect to any	125
notice provided by a parking violations bureau, joint parking	126
violations bureau, or traffic violations bureau under division (A)	127
of this section unless the information contained in the "Ohio	128
uniform traffic tickets" described in Traffic Rule 3 (A) and (B)	129
that the bureau processes is transmitted to the registrar by means	130
of an electronic transfer system.	131

(C) When a notice as provided in division (A) of this section	132
is given to the registrar and the judgments or default judgments	133
are subsequently paid, dismissed, or reversed on appeal, or it is	134
discovered that the notice was given in error and is therefore	135
canceled, the parking violations bureau, joint parking violations	136
bureau, or traffic violations bureau giving the initial notice	137
shall immediately notify the registrar of such payment, dismissal,	138
reversal, or cancellation. The notification shall be in a form and	139
manner, and contain such information, as the registrar prescribes.	140
If the initial notice was not given in error, the parking	141
violations bureau, joint parking violations bureau, or traffic	142
violations bureau shall charge the person a five dollar processing	143
fee for each judgment or default judgment to cover the costs of	144
the bureau of motor vehicles in administering this section. Upon	145
payment of the fee, the parking violations bureau, joint parking	146
violations bureau, or traffic violations bureau shall give to the	147
person a release to be presented at the time of registering or	148
transferring the registration of a motor vehicle owned or leased	149
by himthe person. All fees collected under this division shall be	150
transmitted monthly to the registrar for deposit in the state	151
bureau of motor vehicles fund established by section 4501.25 of	152
the Revised Code.	153

(D) The registrar shall cause the information contained in	154
each notice received pursuant to division (A) of this section to	155
be removed from the records of the bureau of motor vehicles and of	156
the deputy registrars thirteen months after the date the	157
information was entered into the records, unless the registrar	158
receives a further notice from the parking violations bureau,	159
joint parking violations bureau, or traffic violations bureau	160
submitting the initial notice that the judgments or default	161
judgments are still outstanding.	162

(E) When any application for the registration or transfer of	163
registration of a motor vehicle is refused as provided in division	164
(B) of this section, the registrar or deputy registrar to whom	165
application is made shall inform the person that no such	166
application may be accepted unless the person presents a release	167
as provided in division (C) of this section or the records of the	168
bureau of motor vehicles and of the deputy registrar indicate that	169
each judgment and default judgment against the person is paid,	170
dismissed, reversed on appeal, or canceled.	171

(F) When any person named in a notice as provided in division	172
(A) of this section applies for the registration or transfer of	173
registration of any motor vehicle owned or leased by himthe	174
person and presents a release as provided in division (C) of this	175
section or the records of the bureau of motor vehicles and of any	176
deputy registrar to whom the application is made indicate that	177
each judgment and default judgment against the person has been	178
paid, dismissed, or reversed on appeal, the registrar or deputy	179
registrar shall accept the application for registration or	180
transfer of registration and may issue a certificate of	181
registration or amended certificate of registration for the motor	182
vehicle.	183

(G) In determining whether the judgments or default judgments	184
that have been entered against a person as provided in division	185
(A)(2) of this section total three or more, the parking violations	186
bureau, joint parking violations bureau, or traffic violations	187
bureau may apply to that total any violation the person committed	188
during the relevant time period by illegally standing or parking a	189
vehicle in a disability parking space, irrespective of the amount	190
of the fine imposed for such violation.	191

(H) The registrar shall adopt such rules as hethe registrar	192
considers necessary to ensure the orderly operation of sections	193
4521.09 and 4521.10 of the Revised Code, and any parking	194
violations bureau, joint parking violations bureau, or traffic	195
violations bureau shall conform to those rules.	196

Section 2. That existing sections 4521.01, 4521.02, and	197
4521.10 the Revised Code are hereby repealed.	198