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Sub. H. B. No. 39 As Reported by the House Public Safety and Homeland Security CommitteeAs Reported by the House Public Safety and Homeland Security Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Hagan, Pillich, Yuko, Brown, Skindell, Boyd, Winburn, Harris, Letson
A BILL
To amend sections 3781.111, 3781.99, and 4511.69 of
the Revised Code to require the removal of snow or
ice from special parking locations designated for
persons with disabilities and to name the act
"The Thomas P. Ashbrock Memorial Act."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3781.111, 3781.99, and 4511.69 of
the Revised Code be amended to read as follows:
Sec. 3781.111. (A) In addition to the powers conferred by
any other section of the Revised Code, the board of building
standards shall adopt standards and rules to facilitate the
reasonable access and use by all persons with a disability of all
buildings and the facilities of buildings for which plans are
submitted for approval under section 3791.04 of the Revised Code.
No standard or rule shall be applied to any building the plans or
drawings, specifications, and date of which have been approved
prior to the time that the standard or rule takes effect.
(B)(1) Except as otherwise provided in this section, the
standards and rules adopted by the board pursuant to this section
shall be in accordance with the "Americans with Disabilities Act
of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, and the
"Fair Housing Amendments Act of 1988," 102 Stat. 1619, 42 U.S.C.A.
3601, as amended.
(2) For purposes of enforcement by the Ohio civil rights
commission only, approval of a plan as required under section
3791.04 of the Revised Code creates a rebuttable presumption that
the plans, drawings, specifications, or data submitted are in
compliance with the rules adopted by the board pursuant to this
section as they relate to accessibility.
(C) All signs posted to designate special parking locations
for persons with a disability and persons with disabilities that
limit or impair the ability to walk in accordance with division
(E) of section 4511.69 of the Revised Code and the standards and
rules adopted pursuant to this section shall be mounted on a fixed
or movable post or otherwise affixed in a vertical position at a
height so that the sign is clearly visible to the driver of a
vehicle when parked in such a location. 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.
(D) As used in this section, "disability" has the same
meaning as in section 4112.01 of the Revised Code. As used in
division (C) of this section, "persons with disabilities that
limit or impair the ability to walk" has the same meaning as in
division (A)(1) of section 4503.44 of the Revised Code.
(E) No owner of a building or facility where special parking
locations for persons with a disability must be designated in
accordance with the standards and rules adopted pursuant to this
section shall fail to properly do either of the following:
(1) Properly mark the special parking locations as required
by those standards and rules or fail to maintain the markings of
the special parking locations, including the erection and
maintenance of the fixed or movable signs;
(2) Remove snow or ice that obstructs access to the special
parking locations if snow or ice has been removed from nonspecial
parking locations that are located in the same parking area as the
special parking locations.
(F) The board annually shall provide statewide training on
the rules adopted by the board pursuant to this section as they
relate to accessibility for nonresidential building department
personnel certified by the board who approve, review plans, and
inspect nonresidential construction.
Sec. 3781.99. (A) Whoever violates division (E)(1) of
section 3781.111 of the Revised Code shall be issued a warning for
a first offense. On each subsequent offense, the person shall be
fined twenty-five dollars for each parking location that is not
properly marked or whose markings are not properly maintained.
(B) Whoever violates division (E)(2) of section 3781.111 of
the Revised Code shall be fined not less than two hundred fifty
nor more than five hundred dollars.
(C) Whoever violates this chapter or any rule adopted or
order issued pursuant to it that relates to the construction,
alteration, or repair of any building, and the violation is not
detrimental to the health, safety, or welfare of any person shall
be fined not more than one hundred dollars.
(C)(D) Whoever violates this chapter or any rule adopted or
order issued pursuant to it that relates to the construction,
alteration, or repair of any building, and the violation is
detrimental to the health, safety, or welfare of any person, is
guilty of a minor misdemeanor.
Sec. 4511.69. (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 twelve 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 a
municipal corporation unless an unoccupied roadway width of not
less than twenty-five 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 twelve
inches of the left-hand curb of a one-way roadway.
(C) No vehicle or trackless trolley shall be stopped or
parked on a road or highway with the vehicle or trackless trolley
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, resolution, or
ordinance adopted by any local authority, 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 transportation.
(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 division (C) of section
3781.111 of the Revised Code 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;
(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 (b) of this
section may be towed or otherwise removed from the parking
location by the law enforcement agency of the political
subdivision in which the parking location is located. 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
that political subdivision 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 that political subdivision for towing and
storing motor vehicles.
(3) If a person is charged with a violation of division
(F)(1)(a) or (b) of this section, it is an affirmative defense to
the charge that the person suffered an injury not more than
seventy-two 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 division (A)(1) of
section 4503.44 of the Revised Code.
(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)(1) 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 do either of the following:
(a) 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;
(b) Remove snow or ice that obstructs access to the special
parking locations if snow or ice has been removed from nonspecial
parking locations that are located in the same parking area as the
special parking locations.
(2) No political subdivision of the state shall fail to
remove snow or ice that obstructs access to a special parking
location if snow or ice has been removed from a public road on
which the special parking location is located and if the political
subdivision has jurisdiction over the public road and the special
parking location.
(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)(1) Whoever violates division (A) or (C) of this section
is guilty of a minor misdemeanor.
(2)(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 (J)(2)(a) and (b) of this section. Except as
otherwise provided in division (J)(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 nor more than five
hundred dollars. An offender who violates division (F)(1)(a) or
(b) of this section shall be fined not more than one hundred
dollars if the offender, prior to sentencing, proves either of the
following to the satisfaction of the court:
(i) 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.
(ii) 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) of this section be sentenced to any term of
imprisonment.
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.
The clerk of the court shall pay every fine collected under
division (J)(2) of this section to the political subdivision in
which the violation occurred. Except as provided in division
(J)(2) of this section, the political subdivision shall use the
fine moneys it receives under division (J)(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
political subdivision may use up to fifty per cent of each fine it
receives under division (J)(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 political subdivision that benefit or assist persons with
disabilities, if governmental agencies or nonprofit organizations
offer the programs.
(3) Whoever violates division (H)(1)(a) of this section shall
be punished as follows:
(a) Except as otherwise provided in division (J)(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)(1)(a) of this
section or of a municipal ordinance that is substantially similar
to that division, the offender shall not be issued a warning but
shall be fined not more than twenty-five dollars for each parking
location that is not properly marked or whose markings are not
properly maintained.
(4) Whoever violates division (H)(1)(b) of this section shall
be fined not less than two hundred fifty nor more than five
hundred dollars.
(K) 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 section 4503.44 of the
Revised Code.
(3) "Special license plates" and "removable windshield
placard" mean any license plates or removable windshield placard
or temporary removable windshield placard issued under section
4503.41 or 4503.44 of the Revised Code, and also mean any
substantially similar license plates or removable windshield
placard or temporary removable windshield placard issued by a
state, district, country, or sovereignty.
Section 2. That existing sections 3781.111, 3781.99, and
4511.69 of the Revised Code are hereby repealed.
Section 3. This act shall be known as "The Thomas P. Ashbrock
Memorial Act."
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