As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 547


Representative Fende 

Cosponsors: Representatives Budish, Evans, Foley, Hagan, R., Harwood, Letson, Newcomb, Skindell, Ujvagi, Williams, B., Yuko 

A BILL
To amend sections 3781.111, 3781.99, and 4511.69 of 1
the Revised Code to require the removal of snow or 2
ice from special parking locations designated for 3
persons with disabilities within 24 hours after 4
the weather condition causing the snow or ice 5
ceases.6


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

       Section 1. That sections 3781.111, 3781.99, and 4511.69 of 7
the Revised Code be amended to read as follows:8

       Sec. 3781.111.  (A) In addition to the powers conferred by9
any other section of the Revised Code, the board of building10
standards shall adopt standards and rules to facilitate the11
reasonable access and use by all persons with a disability of all12
buildings and the facilities of buildings for which plans are13
submitted for approval under section 3791.04 of the Revised Code.14
No standard or rule shall be applied to any building the plans or15
drawings, specifications, and date of which have been approved16
prior to the time that the standard or rule takes effect.17

       (B) Except as otherwise provided in this section, the18
standards and rules adopted by the board pursuant to this section19
shall be in accordance with the "Americans with Disabilities Act20
of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, and the 21
"Fair Housing Amendments Act of 1988," 102 Stat. 1619, 42 U.S.C.A.22
3601, as amended.23

       (C) All signs posted to designate special parking locations 24
for persons with a disability and persons with disabilities that25
limit or impair the ability to walk in accordance with division 26
(E) of section 4511.69 of the Revised Code and the standards and27
rules adopted pursuant to this section shall be mounted on a fixed 28
or movable post or otherwise affixed in a vertical position at a 29
height so that the sign is clearly visible to the driver of a 30
vehicle when parked in such a location. If a new sign or a 31
replacement sign designating a special parking location is posted 32
on or after the effective date of this amendmentOctober14, 1999, 33
there also shall be affixed upon the surface of that sign or 34
affixed next to the designating sign a notice that states the fine35
applicable for the offense of parking a motor vehicle in the36
special designated parking location if the motor vehicle is not37
legally entitled to be parked in that location.38

       (D) As used in this section, "disability" has the same 39
meaning as in section 4112.01 of the Revised Code. As used in 40
division (C) of this section, "persons with disabilities that 41
limit or impair the ability to walk" has the same meaning as in 42
division (A)(1) of section 4503.44 of the Revised Code.43

       (E) No owner of a building or facility where special parking 44
locations for persons with a disability must be designated in45
accordance with the standards and rules adopted pursuant to this46
section shall fail to properlydo either of the following:47

       (1) Properly mark the special parking locations as required 48
by those standards and rules or fail to maintain the markings of 49
the special parking locations, including the erection and 50
maintenance of the fixed or movable signs;51

       (2) Remove snow or ice that obstructs access to the special 52
parking locations within twenty-four hours after the weather 53
condition causing the snow or ice ceases.54

       Sec. 3781.99.  (A) Whoever violates division (E)(1) of 55
section 3781.111 of the Revised Code shall be issued a warning for 56
a first offense. On each subsequent offense, the person shall be 57
fined twenty-five dollars for each parking location that is not 58
properly marked or whose markings are not properly maintained.59

       (B) Whoever violates division (E)(2) of section 3781.111 of 60
the Revised Code shall be fined not less than two hundred fifty 61
nor more than five hundred dollars.62

       (C) Whoever violates this chapter or any rule adopted or 63
order issued pursuant to it that relates to the construction, 64
alteration, or repair of any building, and the violation is not 65
detrimental to the health, safety, or welfare of any person shall 66
be fined not more than one hundred dollars.67

       (C)(D) Whoever violates this chapter or any rule adopted or 68
order issued pursuant to it that relates to the construction, 69
alteration, or repair of any building, and the violation is70
detrimental to the health, safety, or welfare of any person, is71
guilty of a minor misdemeanor.72

       Sec. 4511.69.  (A) Every vehicle stopped or parked upon a73
roadway where there is an adjacent curb shall be stopped or parked74
with the right-hand wheels of the vehicle parallel with and not75
more than twelve inches from the right-hand curb, unless it is76
impossible to approach so close to the curb; in such case the stop77
shall be made as close to the curb as possible and only for the78
time necessary to discharge and receive passengers or to load or79
unload merchandise. Local authorities by ordinance may permit80
angle parking on any roadway under their jurisdiction, except that81
angle parking shall not be permitted on a state route within a82
municipal corporation unless an unoccupied roadway width of not83
less than twenty-five feet is available for free-moving traffic.84

       (B) Local authorities by ordinance may permit parking of85
vehicles with the left-hand wheels adjacent to and within twelve86
inches of the left-hand curb of a one-way roadway.87

       (C) No vehicle or trackless trolley shall be stopped or88
parked on a road or highway with the vehicle or trackless trolley89
facing in a direction other than the direction of travel on that90
side of the road or highway.91

       (D) Notwithstanding any statute or any rule, resolution, or92
ordinance adopted by any local authority, air compressors,93
tractors, trucks, and other equipment, while being used in the94
construction, reconstruction, installation, repair, or removal of95
facilities near, on, over, or under a street or highway, may stop,96
stand, or park where necessary in order to perform such work,97
provided a flagperson is on duty or warning signs or lights are98
displayed as may be prescribed by the director of transportation.99

       (E) Special parking locations and privileges for persons with 100
disabilities that limit or impair the ability to walk, also known 101
as handicapped parking spaces or disability parking spaces, shall 102
be provided and designated by all political subdivisions and by 103
the state and all agencies and instrumentalities thereof at all104
offices and facilities, where parking is provided, whether owned,105
rented, or leased, and at all publicly owned parking garages. The106
locations shall be designated through the posting of an elevated107
sign, whether permanently affixed or movable, imprinted with the108
international symbol of access and shall be reasonably close to109
exits, entrances, elevators, and ramps. All elevated signs posted110
in accordance with this division and division (C) of section111
3781.111 of the Revised Code shall be mounted on a fixed or112
movable post, and the distance from the ground to the top edge of113
the sign shall measure five feet. If a new sign or a replacement114
sign designating a special parking location is posted on or after 115
October 14, 1999, there also shall be affixed upon the surface of116
that sign or affixed next to the designating sign a notice that117
states the fine applicable for the offense of parking a motor118
vehicle in the special designated parking location if the motor119
vehicle is not legally entitled to be parked in that location.120

       (F)(1) No person shall stop, stand, or park any motor vehicle121
at special parking locations provided under division (E) of this122
section or at special clearly marked parking locations provided in 123
or on privately owned parking lots, parking garages, or other124
parking areas and designated in accordance with that division,125
unless one of the following applies:126

       (a) The motor vehicle is being operated by or for the127
transport of a person with a disability that limits or impairs the128
ability to walk and is displaying a valid removable windshield129
placard or special license plates;130

       (b) The motor vehicle is being operated by or for the131
transport of a handicapped person and is displaying a parking card132
or special handicapped license plates.133

       (2) Any motor vehicle that is parked in a special marked134
parking location in violation of division (F)(1)(a) or (b) of this135
section may be towed or otherwise removed from the parking136
location by the law enforcement agency of the political137
subdivision in which the parking location is located. A motor138
vehicle that is so towed or removed shall not be released to its139
owner until the owner presents proof of ownership of the motor140
vehicle and pays all towing and storage fees normally imposed by141
that political subdivision for towing and storing motor vehicles.142
If the motor vehicle is a leased vehicle, it shall not be released143
to the lessee until the lessee presents proof that that person is144
the lessee of the motor vehicle and pays all towing and storage145
fees normally imposed by that political subdivision for towing and146
storing motor vehicles.147

       (3) If a person is charged with a violation of division148
(F)(1)(a) or (b) of this section, it is an affirmative defense to149
the charge that the person suffered an injury not more than150
seventy-two hours prior to the time the person was issued the151
ticket or citation and that, because of the injury, the person152
meets at least one of the criteria contained in division (A)(1) of153
section 4503.44 of the Revised Code.154

       (G) When a motor vehicle is being operated by or for the155
transport of a person with a disability that limits or impairs the156
ability to walk and is displaying a removable windshield placard157
or a temporary removable windshield placard or special license158
plates, or when a motor vehicle is being operated by or for the159
transport of a handicapped person and is displaying a parking card160
or special handicapped license plates, the motor vehicle is161
permitted to park for a period of two hours in excess of the legal162
parking period permitted by local authorities, except where local163
ordinances or police rules provide otherwise or where the vehicle164
is parked in such a manner as to be clearly a traffic hazard.165

       (H) No owner of an office, facility, or parking garage where166
special parking locations are required to be designated in167
accordance with division (E) of this section shall fail to168
properlydo either of the following:169

       (1) Properly mark the special parking locations in accordance 170
with that division or fail to maintain the markings of the special171
locations, including the erection and maintenance of the fixed or172
movable signs;173

       (2) Remove snow or ice that obstructs access to the special 174
parking locations within twenty-four hours after the weather 175
condition causing the snow or ice ceases.176

       (I) Nothing in this section shall be construed to require a177
person or organization to apply for a removable windshield placard178
or special license plates if the parking card or special license179
plates issued to the person or organization under prior law have180
not expired or been surrendered or revoked.181

       (J)(1) Whoever violates division (A) or (C) of this section182
is guilty of a minor misdemeanor.183

       (2)(a) Whoever violates division (F)(1)(a) or (b) of this184
section is guilty of a misdemeanor and shall be punished as185
provided in division (J)(2)(a) and (b) of this section. Except as186
otherwise provided in division (J)(2)(a) of this section, an187
offender who violates division (F)(1)(a) or (b) of this section188
shall be fined not less than two hundred fifty nor more than five189
hundred dollars. An offender who violates division (F)(1)(a) or190
(b) of this section shall be fined not more than one hundred191
dollars if the offender, prior to sentencing, proves either of the192
following to the satisfaction of the court:193

       (i) At the time of the violation of division (F)(1)(a) of194
this section, the offender or the person for whose transport the195
motor vehicle was being operated had been issued a removable196
windshield placard that then was valid or special license plates197
that then were valid but the offender or the person neglected to198
display the placard or license plates as described in division199
(F)(1)(a) of this section.200

       (ii) At the time of the violation of division (F)(1)(b) of201
this section, the offender or the person for whose transport the202
motor vehicle was being operated had been issued a parking card203
that then was valid or special handicapped license plates that204
then were valid but the offender or the person neglected to205
display the card or license plates as described in division206
(F)(1)(b) of this section.207

       (b) In no case shall an offender who violates division208
(F)(1)(a) or (b) of this section be sentenced to any term of209
imprisonment.210

       An arrest or conviction for a violation of division (F)(1)(a)211
or (b) of this section does not constitute a criminal record and212
need not be reported by the person so arrested or convicted in213
response to any inquiries contained in any application for214
employment, license, or other right or privilege, or made in215
connection with the person's appearance as a witness.216

       The clerk of the court shall pay every fine collected under217
division (J)(2) of this section to the political subdivision in218
which the violation occurred. Except as provided in division219
(J)(2) of this section, the political subdivision shall use the220
fine moneys it receives under division (J)(2) of this section to221
pay the expenses it incurs in complying with the signage and222
notice requirements contained in division (E) of this section. The223
political subdivision may use up to fifty per cent of each fine it224
receives under division (J)(2) of this section to pay the costs of225
educational, advocacy, support, and assistive technology programs226
for persons with disabilities, and for public improvements within227
the political subdivision that benefit or assist persons with228
disabilities, if governmental agencies or nonprofit organizations229
offer the programs.230

       (3) Whoever violates division (H)(1) of this section shall be231
punished as follows:232

       (a) Except as otherwise provided in division (J)(3) of this233
section, the offender shall be issued a warning.234

       (b) If the offender previously has been convicted of or235
pleaded guilty to a violation of division (H)(1) of this section 236
or of a municipal ordinance that is substantially similar to that237
division, the offender shall not be issued a warning but shall be238
fined not more than twenty-five dollars for each parking location239
that is not properly marked or whose markings are not properly240
maintained.241

       (4) Whoever violates division (H)(2) of this section shall be 242
fined not less than two hundred fifty nor more than five hundred 243
dollars.244

       (K) As used in this section:245

       (1) "Handicapped person" means any person who has lost the246
use of one or both legs or one or both arms, who is blind, deaf,247
or so severely handicapped as to be unable to move without the aid248
of crutches or a wheelchair, or whose mobility is restricted by a249
permanent cardiovascular, pulmonary, or other handicapping250
condition.251

       (2) "Person with a disability that limits or impairs the252
ability to walk" has the same meaning as in section 4503.44 of the253
Revised Code.254

       (3) "Special license plates" and "removable windshield255
placard" mean any license plates or removable windshield placard256
or temporary removable windshield placard issued under section257
4503.41 or 4503.44 of the Revised Code, and also mean any258
substantially similar license plates or removable windshield259
placard or temporary removable windshield placard issued by a260
state, district, country, or sovereignty.261

       Section 2. That existing sections 3781.111, 3781.99, and 262
4511.69 of the Revised Code are hereby repealed.263

       Section 3.  Section 3781.111 of the Revised Code is presented 264
in this act as a composite of the section as amended by both Sub. 265
H.B. 148 and Am. H.B. 264 of the 123rd General Assembly. The 266
General Assembly, applying the principle stated in division (B) 267
of section 1.52 of the Revised Code that amendments are to be 268
harmonized if reasonably capable of simultaneous operation, finds 269
that the composite is the resulting version of the section in 270
effect prior to the effective date of the section as presented in 271
this act.272