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H. B. No. 265 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Stinziano, Grossman
Cosponsors:
Representatives Driehaus, Mallory, Patmon, Reece, Sheehy, Strahorn, Wachtmann, Bishoff, Brown, Hagan, R., Schuring
A BILL
To amend sections 737.051, 737.161, 3501.29,
3781.111, 4503.44, and 4511.69 of the Revised Code
to alter the designation of special parking
locations for persons who have a disability that
limits or impairs the ability to walk by
designating such locations as "accessible parking
spaces" or "disability parking spaces."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 737.051, 737.161, 3501.29, 3781.111,
4503.44, and 4511.69 of the Revised Code be amended to read as
follows:
Sec. 737.051. (A) The legislative authority of a city may
establish, by ordinance, an auxiliary police unit within the
police department of the city, and provide for the regulation of
auxiliary police officers. The director of public safety shall be
the executive head of the auxiliary police unit, shall make all
appointments and removals of auxiliary police officers, subject to
any general rules prescribed by the legislative authority by
ordinance, and shall prescribe rules for the organization,
training, administration, control, and conduct of the auxiliary
police unit. Members of the auxiliary police unit shall not be in
the classified service of the city.
(B)(1) The legislative authority of a city may establish, by
ordinance, a parking enforcement unit within the police department
of the city, and provide for the regulation of parking enforcement
officers. The director of public safety shall be the executive
head of the parking enforcement unit, shall make all appointments
and removals of parking enforcement officers, subject to any
general rules prescribed by the legislative authority by
ordinance, and shall prescribe rules for the organization,
training, administration, control, and conduct of the parking
enforcement unit. The director may appoint parking enforcement
officers who agree to serve for nominal compensation, and persons
with physical disabilities may receive appointments as parking
enforcement officers.
(2) The authority of the parking enforcement officers shall
be limited to the enforcement of ordinances governing parking in
handicapped accessible parking locations and fire lanes and any
other parking ordinances specified in the ordinance creating the
parking enforcement unit. Parking enforcement officers shall have
no other powers.
(3) The training the parking enforcement officers shall
receive shall include instruction in general administrative rules
and procedures governing the parking enforcement unit, the role of
the judicial system as it relates to parking regulation and
enforcement, proper techniques and methods relating to the
enforcement of parking ordinances, human interaction skills, and
first aid.
Sec. 737.161. (A) The legislative authority of a village may
establish, by ordinance, an auxiliary police unit within the
police department of the village, and provide for the regulation
of auxiliary police officers. The mayor shall be the executive
head of the auxiliary police unit, shall make all appointments and
removals of auxiliary police officers, subject to any general
rules prescribed by the legislative authority by ordinance, and
shall prescribe rules for the organization, training,
administration, control, and conduct of the auxiliary police unit.
The village marshal shall have exclusive control of the stationing
and transferring of all auxiliary police officers, under such
general rules as the mayor prescribes.
(B)(1) The legislative authority of a village may establish,
by ordinance, a parking enforcement unit within the police
department of the village, and provide for the regulation of
parking enforcement officers. The mayor shall be the executive
head of the parking enforcement unit, shall make all appointments
and removals of parking enforcement officers, subject to any
general rules prescribed by the legislative authority by
ordinance, and shall prescribe rules for the organization,
training, administration, control, and conduct of the parking
enforcement unit. The mayor may appoint parking enforcement
officers who agree to serve for nominal compensation, and persons
with physical disabilities may receive appointments as parking
enforcement officers.
(2) The authority of the parking enforcement officers shall
be limited to the enforcement of ordinances governing parking in
handicapped accessible parking locations and fire lanes and any
other parking ordinances specified in the ordinance creating the
parking enforcement unit. Parking enforcement officers shall have
no other powers.
(3) The training the parking enforcement officers shall
receive shall include instruction in general administrative rules
and procedures governing the parking enforcement unit, the role of
the judicial system as it relates to parking regulation and
enforcement, proper techniques and methods relating to the
enforcement of parking ordinances, human interaction skills, and
first aid.
Sec. 3501.29. (A) The board of elections shall provide for
each precinct a polling place and provide adequate facilities at
each polling place for conducting the election. The board shall
provide a sufficient number of screened or curtained voting
compartments to which electors may retire and conveniently mark
their ballots, protected from the observation of others. Each
voting compartment shall be provided at all times with writing
implements, instructions how to vote, and other necessary
conveniences for marking the ballot. The presiding judge shall
ensure that the voting compartments at all times are adequately
lighted and contain the necessary supplies. The board shall
utilize, in so far as practicable, rooms in public schools and
other public buildings for polling places. Upon application of the
board of elections, the authority which has the control of any
building or grounds supported by taxation under the laws of this
state, shall make available the necessary space therein for the
purpose of holding elections and adequate space for the storage of
voting machines, without charge for the use thereof. A reasonable
sum may be paid for necessary janitorial service. When polling
places are established in private buildings, the board may pay a
reasonable rental therefor, and also the cost of liability
insurance covering the premises when used for election purposes,
or the board may purchase a single liability policy covering the
board and the owners of the premises when used for election
purposes. When removable buildings are supplied by the board, they
shall be constructed under the contract let to the lowest and best
bidder, and the board shall observe all ordinances and regulations
then in force as to safety. The board shall remove all such
buildings from streets and other public places within thirty days
after an election, unless another election is to be held within
ninety days.
(B)(1) Except as otherwise provided in this section, the
board shall ensure all of the following:
(a) That polling places are free of barriers that would
impede ingress and egress of handicapped persons with a disability
that limits or impairs the ability to walk;
(b) That the minimum number of special parking locations,
also known as handicapped accessible parking spaces or disability
parking spaces, for handicapped persons with a disability that
limits or impairs the ability to walk are designated at each
polling place in accordance with 28 C.F.R. Part 36, Appendix A,
and in compliance with division (E) of section 4511.69 of the
Revised Code;
(c) That the entrances of polling places are level or are
provided with a nonskid ramp that meets the requirements of the
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42
U.S.C. 12101;
(d) That doors are a minimum of thirty-two inches wide.
(2) Notwithstanding division (B)(1)(a), (c), or (d) of this
section, certain polling places may be specifically exempted by
the secretary of state upon certification by a board of elections
that a good faith, but unsuccessful, effort has been made to
modify, or change the location of, such polling places.
(C) At any polling place that is exempted from compliance by
the secretary of state, the board of elections shall permit any
handicapped elector who is a person with a disability that limits
or impairs the ability to walk who travels to that elector's
polling place, but who is unable to enter the polling place, to
vote, with the assistance of two polling place officials of major
political parties, in the vehicle that conveyed that elector to
the polling place, or to receive and cast that elector's ballot at
the door of the polling place.
(D) The secretary of state shall:
(1) Work with other state agencies to facilitate the
distribution of information and technical assistance to boards of
elections to meet the requirements of division (B) of this
section;
(2) Work with organizations that represent or provide
services to handicapped, disabled, persons with a disability that
limits or impairs the ability to walk or who are elderly citizens
to effect a wide dissemination of information about the
availability of absentee voting, voting in the voter's vehicle or
at the door of the polling place, or other election services to
handicapped, disabled, persons with a disability that limits or
impairs the ability to walk or who are elderly citizens.
(E) Before the day of an election, the director of the board
of elections of each county shall sign a statement verifying that
each polling place that will be used in that county at that
election meets the requirements of division (B)(1)(b) of this
section. The signed statement shall be sent to the secretary of
state by certified mail.
(F) As used in this section, "handicapped" means having lost
the use of one or both legs, one or both arms, or any combination
thereof, or being blind or so severely disabled as to be unable to
move about without the aid of crutches or a wheelchair "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.
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 so
that the distance from the ground to the bottom edge of the sign
measures not less than 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.
If a new sign or a replacement sign designating a special
parking location is posted on or after the effective date of this
amendment, it shall conform with this division and bear the word
"accessible" and any other required words or symbols but shall not
bear any form of the word "handicap." A sign designating a special
parking location that is posted on the effective date of this
amendment that bears any form of the word "handicap" may remain
posted after that date until such time as it is replaced.
(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 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.
(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. 4503.44. (A) As used in this section and in section
4511.69 of the Revised Code:
(1) "Person with a disability that limits or impairs the
ability to walk" means any person who, as determined by a health
care provider, meets any of the following criteria:
(a) Cannot walk two hundred feet without stopping to rest;
(b) Cannot walk without the use of, or assistance from, a
brace, cane, crutch, another person, prosthetic device,
wheelchair, or other assistive device;
(c) Is restricted by a lung disease to such an extent that
the person's forced (respiratory) expiratory volume for one
second, when measured by spirometry, is less than one liter, or
the arterial oxygen tension is less than sixty millimeters of
mercury on room air at rest;
(d) Uses portable oxygen;
(e) Has a cardiac condition to the extent that the person's
functional limitations are classified in severity as class III or
class IV according to standards set by the American heart
association;
(f) Is severely limited in the ability to walk due to an
arthritic, neurological, or orthopedic condition;
(2) "Organization" means any private organization or
corporation, or any governmental board, agency, department,
division, or office, that, as part of its business or program,
transports persons with disabilities that limit or impair the
ability to walk on a regular basis in a motor vehicle that has not
been altered for the purpose of providing it with special
equipment for use by persons with disabilities. This definition
does not apply to division (J) of this section.
(3) "Health care provider" means a physician, physician
assistant, advanced practice registered nurse, or chiropractor as
defined in this section.
(4) "Physician" means a person licensed to practice medicine
or surgery or osteopathic medicine and surgery under Chapter 4731.
of the Revised Code.
(5) "Chiropractor" means a person licensed to practice
chiropractic under Chapter 4734. of the Revised Code.
(6) "Advanced practice registered nurse" means a certified
nurse practitioner, clinical nurse specialist, certified
registered nurse anesthetist, or certified nurse-midwife who holds
a certificate of authority issued by the board of nursing under
Chapter 4723. of the Revised Code.
(7) "Physician assistant" means a person who holds a
certificate to practice as a physician assistant issued under
Chapter 4730. of the Revised Code.
(B) Any organization or person with a disability that limits
or impairs the ability to walk may apply to the registrar of motor
vehicles for a removable windshield placard or, if the person owns
or leases a motor vehicle, the person may apply for the
registration of any motor vehicle the person owns or leases. In
addition to one or more sets of license plates or one placard, a
person with a disability that limits or impairs the ability to
walk is entitled to one additional placard, but only if the person
applies separately for the additional placard, states the reasons
why the additional placard is needed, and the registrar, in the
registrar's discretion, determines that good and justifiable cause
exists to approve the request for the additional placard. When a
motor vehicle has been altered for the purpose of providing it
with special equipment for a person with a disability that limits
or impairs the ability to walk, but is owned or leased by someone
other than such a person, the owner or lessee may apply to the
registrar or a deputy registrar for registration under this
section. The application for registration of a motor vehicle owned
or leased by a person with a disability that limits or impairs the
ability to walk shall be accompanied by a signed statement from
the applicant's health care provider certifying that the applicant
meets at least one of the criteria contained in division (A)(1) of
this section and that the disability is expected to continue for
more than six consecutive months. The application for a removable
windshield placard made by a person with a disability that limits
or impairs the ability to walk shall be accompanied by a
prescription from the applicant's health care provider prescribing
such a placard for the applicant, provided that the applicant
meets at least one of the criteria contained in division (A)(1) of
this section. The health care provider shall state on the
prescription the length of time the health care provider expects
the applicant to have the disability that limits or impairs the
applicant's ability to walk. The application for a removable
windshield placard made by an organization shall be accompanied by
such documentary evidence of regular transport of persons with
disabilities that limit or impair the ability to walk by the
organization as the registrar may require by rule and shall be
completed in accordance with procedures that the registrar may
require by rule. The application for registration of a motor
vehicle that has been altered for the purpose of providing it with
special equipment for a person with a disability that limits or
impairs the ability to walk but is owned by someone other than
such a person shall be accompanied by such documentary evidence of
vehicle alterations as the registrar may require by rule.
(C) When an organization, a person with a disability that
limits or impairs the ability to walk, or a person who does not
have a disability that limits or impairs the ability to walk but
owns a motor vehicle that has been altered for the purpose of
providing it with special equipment for a person with a disability
that limits or impairs the ability to walk first submits an
application for registration of a motor vehicle under this section
and every fifth year thereafter, the organization or person shall
submit a signed statement from the applicant's health care
provider, a completed application, and any required documentary
evidence of vehicle alterations as provided in division (B) of
this section, and also a power of attorney from the owner of the
motor vehicle if the applicant leases the vehicle. Upon submission
of these items, the registrar or deputy registrar shall issue to
the applicant appropriate vehicle registration and a set of
license plates and validation stickers, or validation stickers
alone when required by section 4503.191 of the Revised Code. In
addition to the letters and numbers ordinarily inscribed thereon,
the license plates shall be imprinted with the international
symbol of access. The license plates and validation stickers shall
be issued upon payment of the regular license fee as prescribed
under section 4503.04 of the Revised Code and any motor vehicle
tax levied under Chapter 4504. of the Revised Code, and the
payment of a service fee equal to the amount specified in division
(D) or (G) of section 4503.10 of the Revised Code.
(D)(1) Upon receipt of a completed and signed application for
a removable windshield placard, a prescription as described in
division (B) of this section, documentary evidence of regular
transport of persons with disabilities that limit or impair the
ability to walk, if required, and payment of a service fee equal
to the amount specified in division (D) or (G) of section 4503.10
of the Revised Code, the registrar or deputy registrar shall issue
to the applicant a removable windshield placard, which shall bear
the date of expiration on both sides of the placard and shall be
valid until expired, revoked, or surrendered. Every removable
windshield placard expires as described in division (D)(2) of this
section, but in no case shall a removable windshield placard be
valid for a period of less than sixty days. Removable windshield
placards shall be renewable upon application as provided in
division (B) of this section, and a service fee equal to the
amount specified in division (D) or (G) of section 4503.10 of the
Revised Code shall be charged for the renewal of a removable
windshield placard. The registrar shall provide the application
form and shall determine the information to be included thereon.
The registrar also shall determine the form and size of the
removable windshield placard, the material of which it is to be
made, and any other information to be included thereon, and shall
adopt rules relating to the issuance, expiration, revocation,
surrender, and proper display of such placards. Any placard issued
after October 14, 1999, shall be manufactured in a manner that
allows the expiration date of the placard to be indicated on it
through the punching, drilling, boring, or creation by any other
means of holes in the placard.
(2) At the time a removable windshield placard is issued to a
person with a disability that limits or impairs the ability to
walk, the registrar or deputy registrar shall enter into the
records of the bureau of motor vehicles the last date on which the
person will have that disability, as indicated on the accompanying
prescription. Not less than thirty days prior to that date and all
removable windshield placard renewal dates, the bureau shall send
a renewal notice to that person at the person's last known address
as shown in the records of the bureau, informing the person that
the person's removable windshield placard will expire on the
indicated date not to exceed five years from the date of issuance,
and that the person is required to renew the placard by submitting
to the registrar or a deputy registrar another prescription, as
described in division (B) of this section, and by complying with
the renewal provisions prescribed in division (D)(1) of this
section. If such a prescription is not received by the registrar
or a deputy registrar by that date, the placard issued to that
person expires and no longer is valid, and this fact shall be
recorded in the records of the bureau.
(3) At least once every year, on a date determined by the
registrar, the bureau shall examine the records of the office of
vital statistics, located within the department of health, that
pertain to deceased persons, and also the bureau's records of all
persons who have been issued removable windshield placards and
temporary removable windshield placards. If the records of the
office of vital statistics indicate that a person to whom a
removable windshield placard or temporary removable windshield
placard has been issued is deceased, the bureau shall cancel that
placard, and note the cancellation in its records.
The office of vital statistics shall make available to the
bureau all information necessary to enable the bureau to comply
with division (D)(3) of this section.
(4) 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.
(E)(1)(a) Any person with a disability that limits or impairs
the ability to walk may apply to the registrar or a deputy
registrar for a temporary removable windshield placard. The
application for a temporary removable windshield placard shall be
accompanied by a prescription from the applicant's health care
provider prescribing such a placard for the applicant, provided
that the applicant meets at least one of the criteria contained in
division (A)(1) of this section and that the disability is
expected to continue for six consecutive months or less. The
health care provider shall state on the prescription the length of
time the health care provider expects the applicant to have the
disability that limits or impairs the applicant's ability to walk,
which cannot exceed six months from the date of the prescription.
Upon receipt of an application for a temporary removable
windshield placard, presentation of the prescription from the
applicant's health care provider, and payment of a service fee
equal to the amount specified in division (D) or (G) of section
4503.10 of the Revised Code, the registrar or deputy registrar
shall issue to the applicant a temporary removable windshield
placard.
(b) Any active-duty member of the armed forces of the United
States, including the reserve components of the armed forces and
the national guard, who has an illness or injury that limits or
impairs the ability to walk may apply to the registrar or a deputy
registrar for a temporary removable windshield placard. With the
application, the person shall present evidence of the person's
active-duty status and the illness or injury. Evidence of the
illness or injury may include a current department of defense
convalescent leave statement, any department of defense document
indicating that the person currently has an ill or injured
casualty status or has limited duties, or a prescription from any
health care provider prescribing the placard for the applicant.
Upon receipt of the application and the necessary evidence, the
registrar or deputy registrar shall issue the applicant the
temporary removable windshield placard without the payment of any
service fee.
(2) The temporary removable windshield placard shall be of
the same size and form as the removable windshield placard, shall
be printed in white on a red-colored background, and shall bear
the word "temporary" in letters of such size as the registrar
shall prescribe. A temporary removable windshield placard also
shall bear the date of expiration on the front and back of the
placard, and shall be valid until expired, surrendered, or
revoked, but in no case shall such a placard be valid for a period
of less than sixty days. The registrar shall provide the
application form and shall determine the information to be
included on it, provided that the registrar shall not require a
health care provider's prescription or certification for a person
applying under division (E)(1)(b) of this section. The registrar
also shall determine the material of which the temporary removable
windshield placard is to be made and any other information to be
included on the placard and shall adopt rules relating to the
issuance, expiration, surrender, revocation, and proper display of
those placards. Any temporary removable windshield placard issued
after October 14, 1999, shall be manufactured in a manner that
allows for the expiration date of the placard to be indicated on
it through the punching, drilling, boring, or creation by any
other means of holes in the placard.
(F) If an applicant for a removable windshield placard is a
veteran of the armed forces of the United States whose disability,
as defined in division (A)(1) of this section, is
service-connected, the registrar or deputy registrar, upon receipt
of the application, presentation of a signed statement from the
applicant's health care provider certifying the applicant's
disability, and presentation of such documentary evidence from the
department of veterans affairs that the disability of the
applicant meets at least one of the criteria identified in
division (A)(1) of this section and is service-connected as the
registrar may require by rule, but without the payment of any
service fee, shall issue the applicant a removable windshield
placard that is valid until expired, surrendered, or revoked.
(G) Upon a conviction of a violation of division (I), or (J),
or (K) of this section, the court shall report the conviction, and
send the placard or parking card, if available, to the registrar,
who thereupon shall revoke the privilege of using the placard or
parking card and send notice in writing to the placardholder or
cardholder at that holder's last known address as shown in the
records of the bureau, and the placardholder or cardholder shall
return the placard or card if not previously surrendered to the
court, to the registrar within ten days following mailing of the
notice.
Whenever a person to whom a removable windshield placard or
parking card has been issued moves to another state, the person
shall surrender the placard or card to the registrar; and whenever
an organization to which a placard or card has been issued changes
its place of operation to another state, the organization shall
surrender the placard or card to the registrar.
(H) Subject to division (F) of section 4511.69 of the Revised
Code, the operator of a motor vehicle displaying a removable
windshield placard, temporary removable windshield placard,
parking card, or the special license plates authorized by this
section is entitled to park the motor vehicle in any special
parking location reserved for persons with disabilities that limit
or impair the ability to walk, also known as handicapped
accessible parking spaces or disability parking spaces.
(I) No person or organization that is not eligible under
division (B) or (E) of this section shall willfully and falsely
represent that the person or organization is so eligible.
No person or organization shall display license plates issued
under this section unless the license plates have been issued for
the vehicle on which they are displayed and are valid.
(J) No person or organization to which a removable windshield
placard or temporary removable windshield placard is issued shall
do either of the following:
(1) Display or permit the display of the placard on any motor
vehicle when having reasonable cause to believe the motor vehicle
is being used in connection with an activity that does not include
providing transportation for persons with disabilities that limit
or impair the ability to walk;
(2) Refuse to return or surrender the placard, when required.
(K)(1) No person or organization to which a parking card is
issued shall do either of the following:
(a) Display or permit the display of the parking card on any
motor vehicle when having reasonable cause to believe the motor
vehicle is being used in connection with an activity that does not
include providing transportation for a person with a disability;
(b) Refuse to return or surrender the parking card, when
required.
(2) As used in division (K) of this section:
(a) "Person with a disability" 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 disabled as to be unable to move about
without the aid of crutches or a wheelchair, or whose mobility is
restricted by a permanent cardiovascular, pulmonary, or other
disabling condition.
(b) "Organization" means any private organization or
corporation, or any governmental board, agency, department,
division, or office, that, as part of its business or program,
transports persons with disabilities on a regular basis in a motor
vehicle that has not been altered for the purposes of providing it
with special equipment for use by persons with disabilities.
(L) If a removable windshield placard, or temporary removable
windshield placard, or parking card is lost, destroyed, or
mutilated, the placardholder or cardholder may obtain a duplicate
by doing both of the following:
(1) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar;
(2) Paying a service fee equal to the amount specified in
division (D) or (G) of section 4503.10 of the Revised Code.
Any placardholder or cardholder who loses a placard or card
and, after obtaining a duplicate, finds the original, immediately
shall surrender the original placard or card to the registrar.
(M)(L) The registrar shall pay all fees received under this
section for the issuance of removable windshield placards or
temporary removable windshield placards or duplicate removable
windshield placards or cards into the state treasury to the credit
of the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
(N)(M) In addition to the fees collected under this section,
the registrar or deputy registrar shall ask each person applying
for a removable windshield placard or temporary removable
windshield placard or duplicate removable windshield placard or
license plate issued under this section, whether the person wishes
to make a two-dollar voluntary contribution to support
rehabilitation employment services. The registrar shall transmit
the contributions received under this division to the treasurer of
state for deposit into the rehabilitation employment fund, which
is hereby created in the state treasury. A deputy registrar shall
transmit the contributions received under this division to the
registrar in the time and manner prescribed by the registrar. The
contributions in the fund shall be used by the opportunities for
Ohioans with disabilities agency to purchase services related to
vocational evaluation, work adjustment, personal adjustment, job
placement, job coaching, and community-based assessment from
accredited community rehabilitation program facilities.
(O)(N) For purposes of enforcing this section, every peace
officer is deemed to be an agent of the registrar. Any peace
officer or any authorized employee of the bureau of motor vehicles
who, in the performance of duties authorized by law, becomes aware
of a person whose placard or parking card has been revoked
pursuant to this section, may confiscate that placard or parking
card and return it to the registrar. The registrar shall prescribe
any forms used by law enforcement agencies in administering this
section.
No peace officer, law enforcement agency employing a peace
officer, or political subdivision or governmental agency employing
a peace officer, and no employee of the bureau is liable in a
civil action for damages or loss to persons arising out of the
performance of any duty required or authorized by this section. As
used in this division, "peace officer" has the same meaning as in
division (B) of section 2935.01 of the Revised Code.
(P)(O) All applications for registration of motor vehicles,
removable windshield placards, and temporary removable windshield
placards issued under this section, all renewal notices for such
items, and all other publications issued by the bureau that relate
to this section shall set forth the criminal penalties that may be
imposed upon a person who violates any provision relating to
special license plates issued under this section, the parking of
vehicles displaying such license plates, and the issuance,
procurement, use, and display of removable windshield placards and
temporary removable windshield placards issued under this section.
(Q)(P) Whoever violates this section is guilty of a
misdemeanor of the fourth degree.
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)(1)(a) Except as provided in division (C)(1)(b) of this
section, 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.
(b) The operator of a motorcycle may back the motorcycle into
an angled parking space so that when the motorcycle is parked it
is facing in a direction other than the direction of travel on the
side of the road or highway.
(2) The operator of a motorcycle may back the motorcycle into
a parking space that is located on the side of, and parallel to, a
road or highway. The motorcycle may face any direction when so
parked. Not more than two motorcycles at a time shall be parked in
a parking space as described in division (C)(2) of this section
irrespective of whether or not the space is metered.
(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 accessible 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 bottom edge of the sign shall measure not
less than 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.
If a new sign or a replacement sign designating a special
parking location is posted on or after the effective date of this
amendment, it shall conform with this division and bear the word
"accessible" and any other required words or symbols but shall not
bear any form of the word "handicap." A sign designating a special
parking location that is posted on the effective date of this
amendment that bears any form of the word "handicap" may remain
posted after that date until such time as it is replaced.
(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 issued under section 4503.44
of the Revised Code.
(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) 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 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.
(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 divisions (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 that 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) 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) 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.
(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)(2) "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 737.051, 737.161, 3501.29,
3781.111, 4503.44, and 4511.69 of the Revised Code are hereby
repealed.
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