As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 204


Representatives Letson, Slesnick 

Cosponsors: Representatives Harris, Mallory, Dodd, Winburn, Yuko, Skindell 



A BILL
To amend section 4511.69 of the Revised Code to 1
permit a motorcycle operator to back the 2
motorcycle into an angled parking space.3


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

       Section 1. That section 4511.69 of the Revised Code be 4
amended to read as follows:5

       Sec. 4511.69.  (A) Every vehicle stopped or parked upon a6
roadway where there is an adjacent curb shall be stopped or parked7
with the right-hand wheels of the vehicle parallel with and not8
more than twelve inches from the right-hand curb, unless it is9
impossible to approach so close to the curb; in such case the stop10
shall be made as close to the curb as possible and only for the11
time necessary to discharge and receive passengers or to load or12
unload merchandise. Local authorities by ordinance may permit13
angle parking on any roadway under their jurisdiction, except that14
angle parking shall not be permitted on a state route within a15
municipal corporation unless an unoccupied roadway width of not16
less than twenty-five feet is available for free-moving traffic.17

       (B) Local authorities by ordinance may permit parking of18
vehicles with the left-hand wheels adjacent to and within twelve19
inches of the left-hand curb of a one-way roadway.20

       (C) No(1) Except as provided in division (C)(2) of this 21
section, no vehicle or trackless trolley shall be stopped or22
parked on a road or highway with the vehicle or trackless trolley23
facing in a direction other than the direction of travel on that24
side of the road or highway.25

       (2) The operator of a motorcycle may back the motorcycle into 26
an angled parking space so that when the motorcycle is parked it 27
is facing in a direction other than the direction of travel on the 28
side of the road or highway.29

       (D) Notwithstanding any statute or any rule, resolution, or30
ordinance adopted by any local authority, air compressors,31
tractors, trucks, and other equipment, while being used in the32
construction, reconstruction, installation, repair, or removal of33
facilities near, on, over, or under a street or highway, may stop,34
stand, or park where necessary in order to perform such work,35
provided a flagperson is on duty or warning signs or lights are36
displayed as may be prescribed by the director of transportation.37

       (E) Special parking locations and privileges for persons with 38
disabilities that limit or impair the ability to walk, also known 39
as handicapped parking spaces or disability parking spaces, shall 40
be provided and designated by all political subdivisions and by 41
the state and all agencies and instrumentalities thereof at all42
offices and facilities, where parking is provided, whether owned,43
rented, or leased, and at all publicly owned parking garages. The44
locations shall be designated through the posting of an elevated45
sign, whether permanently affixed or movable, imprinted with the46
international symbol of access and shall be reasonably close to47
exits, entrances, elevators, and ramps. All elevated signs posted48
in accordance with this division and division (C) of section49
3781.111 of the Revised Code shall be mounted on a fixed or50
movable post, and the distance from the ground to the top edge of51
the sign shall measure five feet. If a new sign or a replacement52
sign designating a special parking location is posted on or after 53
October 14, 1999, there also shall be affixed upon the surface of54
that sign or affixed next to the designating sign a notice that55
states the fine applicable for the offense of parking a motor56
vehicle in the special designated parking location if the motor57
vehicle is not legally entitled to be parked in that location.58

       (F)(1) No person shall stop, stand, or park any motor vehicle59
at special parking locations provided under division (E) of this60
section or at special clearly marked parking locations provided in 61
or on privately owned parking lots, parking garages, or other62
parking areas and designated in accordance with that division,63
unless one of the following applies:64

       (a) The motor vehicle is being operated by or for the65
transport of a person with a disability that limits or impairs the66
ability to walk and is displaying a valid removable windshield67
placard or special license plates;68

       (b) The motor vehicle is being operated by or for the69
transport of a handicapped person and is displaying a parking card70
or special handicapped license plates.71

       (2) Any motor vehicle that is parked in a special marked72
parking location in violation of division (F)(1)(a) or (b) of this73
section may be towed or otherwise removed from the parking74
location by the law enforcement agency of the political75
subdivision in which the parking location is located. A motor76
vehicle that is so towed or removed shall not be released to its77
owner until the owner presents proof of ownership of the motor78
vehicle and pays all towing and storage fees normally imposed by79
that political subdivision for towing and storing motor vehicles.80
If the motor vehicle is a leased vehicle, it shall not be released81
to the lessee until the lessee presents proof that that person is82
the lessee of the motor vehicle and pays all towing and storage83
fees normally imposed by that political subdivision for towing and84
storing motor vehicles.85

       (3) If a person is charged with a violation of division86
(F)(1)(a) or (b) of this section, it is an affirmative defense to87
the charge that the person suffered an injury not more than88
seventy-two hours prior to the time the person was issued the89
ticket or citation and that, because of the injury, the person90
meets at least one of the criteria contained in division (A)(1) of91
section 4503.44 of the Revised Code.92

       (G) When a motor vehicle is being operated by or for the93
transport of a person with a disability that limits or impairs the94
ability to walk and is displaying a removable windshield placard95
or a temporary removable windshield placard or special license96
plates, or when a motor vehicle is being operated by or for the97
transport of a handicapped person and is displaying a parking card98
or special handicapped license plates, the motor vehicle is99
permitted to park for a period of two hours in excess of the legal100
parking period permitted by local authorities, except where local101
ordinances or police rules provide otherwise or where the vehicle102
is parked in such a manner as to be clearly a traffic hazard.103

       (H) No owner of an office, facility, or parking garage where104
special parking locations are required to be designated in105
accordance with division (E) of this section shall fail to106
properly mark the special parking locations in accordance with107
that division or fail to maintain the markings of the special108
locations, including the erection and maintenance of the fixed or109
movable signs.110

       (I) Nothing in this section shall be construed to require a111
person or organization to apply for a removable windshield placard112
or special license plates if the parking card or special license113
plates issued to the person or organization under prior law have114
not expired or been surrendered or revoked.115

       (J)(1) Whoever violates division (A) or (C) of this section116
is guilty of a minor misdemeanor.117

       (2)(a) Whoever violates division (F)(1)(a) or (b) of this118
section is guilty of a misdemeanor and shall be punished as119
provided in division (J)(2)(a) and (b) of this section. Except as120
otherwise provided in division (J)(2)(a) of this section, an121
offender who violates division (F)(1)(a) or (b) of this section122
shall be fined not less than two hundred fifty nor more than five123
hundred dollars. An offender who violates division (F)(1)(a) or124
(b) of this section shall be fined not more than one hundred125
dollars if the offender, prior to sentencing, proves either of the126
following to the satisfaction of the court:127

       (i) At the time of the violation of division (F)(1)(a) of128
this section, the offender or the person for whose transport the129
motor vehicle was being operated had been issued a removable130
windshield placard that then was valid or special license plates131
that then were valid but the offender or the person neglected to132
display the placard or license plates as described in division133
(F)(1)(a) of this section.134

       (ii) At the time of the violation of division (F)(1)(b) of135
this section, the offender or the person for whose transport the136
motor vehicle was being operated had been issued a parking card137
that then was valid or special handicapped license plates that138
then were valid but the offender or the person neglected to139
display the card or license plates as described in division140
(F)(1)(b) of this section.141

       (b) In no case shall an offender who violates division142
(F)(1)(a) or (b) of this section be sentenced to any term of143
imprisonment.144

       An arrest or conviction for a violation of division (F)(1)(a)145
or (b) of this section does not constitute a criminal record and146
need not be reported by the person so arrested or convicted in147
response to any inquiries contained in any application for148
employment, license, or other right or privilege, or made in149
connection with the person's appearance as a witness.150

       The clerk of the court shall pay every fine collected under151
division (J)(2) of this section to the political subdivision in152
which the violation occurred. Except as provided in division153
(J)(2) of this section, the political subdivision shall use the154
fine moneys it receives under division (J)(2) of this section to155
pay the expenses it incurs in complying with the signage and156
notice requirements contained in division (E) of this section. The157
political subdivision may use up to fifty per cent of each fine it158
receives under division (J)(2) of this section to pay the costs of159
educational, advocacy, support, and assistive technology programs160
for persons with disabilities, and for public improvements within161
the political subdivision that benefit or assist persons with162
disabilities, if governmental agencies or nonprofit organizations163
offer the programs.164

       (3) Whoever violates division (H) of this section shall be165
punished as follows:166

       (a) Except as otherwise provided in division (J)(3) of this167
section, the offender shall be issued a warning.168

       (b) If the offender previously has been convicted of or169
pleaded guilty to a violation of division (H) of this section or170
of a municipal ordinance that is substantially similar to that171
division, the offender shall not be issued a warning but shall be172
fined not more than twenty-five dollars for each parking location173
that is not properly marked or whose markings are not properly174
maintained.175

       (K) As used in this section:176

       (1) "Handicapped person" means any person who has lost the177
use of one or both legs or one or both arms, who is blind, deaf,178
or so severely handicapped as to be unable to move without the aid179
of crutches or a wheelchair, or whose mobility is restricted by a180
permanent cardiovascular, pulmonary, or other handicapping181
condition.182

       (2) "Person with a disability that limits or impairs the183
ability to walk" has the same meaning as in section 4503.44 of the184
Revised Code.185

       (3) "Special license plates" and "removable windshield186
placard" mean any license plates or removable windshield placard187
or temporary removable windshield placard issued under section188
4503.41 or 4503.44 of the Revised Code, and also mean any189
substantially similar license plates or removable windshield190
placard or temporary removable windshield placard issued by a191
state, district, country, or sovereignty.192

       Section 2. That existing section 4511.69 of the Revised Code 193
is hereby repealed.194