Explanation
BACKGROUND: This legislation will amend various Chapters within Title 21, the Traffic Code, of the City Code for general housecleaning/updating purposes. Among the changes are the following: 1) this action will allow parking violation bureau staff to issue tickets where a vehicle does not display a front license plate, an inability already exercised by Columbus Police officers; 2) it recognizes the transfer of administrative authority for the residential parking permit program from Transportation to Parking Violation Bureau, an action which occurred last November; and 3) it mirrors a recent state law with respect to notifying the Bureau of Motor Vehicles to place a vehicle in registration hold.
FISCAL IMPACT:
No funding is required for this legislation.
Title
To amend Chapters 2105, 2150, 2151, and 2155 of the Columbus City Codes, 1959, that relate to the Traffic Code and the Bureau of Parking Violations for general housecleaning purposes.
Body
WHEREAS, the City of Columbus has the ability to enforce all local, police, sanitary, and other similar regulations as are not in conflict with the general laws of the State of Ohio pursuant to Article XVIII, Section 3 of the Ohio Constitution, and
WHEREAS, after a review of the abovementioned chapters of the Columbus City Codes, it was determined some general housecleaning/updating of various sections within the chapters was necessary; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1. That Chapters 2105, 2150, 2151, and 2155 of the Columbus City Codes, 1959, are hereby amended through the enactment of new sections 2105.21, 2150.03, 2150.04, 2150.12, 2151.01, 2151.21, and 2155.01 as follows. Furthermore, section 2150.09 is deleted in its entirety.
2105.21 Residential permit parking.
Whenever the public service director determines that parking congestion in the streets of a particular residential district or a portion of a residential district is such that the restriction or prohibition of parking to nonresidential users during certain hours of the day and days of the week is necessary to reduce hazardous traffic conditions and to promote the health, safety and welfare of the residents of the district by providing adequate parking spaces to gain access to their residences, residential permit parking may be authorized in such districts. Such authorization shall be made only after a parking study has been conducted by the division of transportation and shall be implemented by regulations promulgated by the service director pursuant to Section 2105.03 of the City Codes. The issuance or renewal of a permit under this section shall not be granted until all outstanding parking infractions under the city code are paid in full. The establishment of residential permit parking shall not conflict with any other restrictions contained in this Traffic Code. (Ord. 1711-79; Ord. 1909-01 § 1 (part).)
2150.03 Parking ticket, service and liability.
(A) The parking tickets adopted by the Parking Violation Bureau in Section 2150.09 shall be used by law enforcement officers and Parking Violations Bureau enforcement personnel in all cases in which a person is charged with committing a parking infraction within the city of Columbus.
Each parking ticket shall contain provisions that advise the person upon whom it is served that the person must answer in relation to the parking infraction charged in the ticket and that certain penalties may result from a failure to timely answer, indicate the allowable answers that may be made and that the person will be afforded a hearing if he denies in his answer that he committed the parking infraction, specify the entity to which, the time within which, and the allowable manners in which the answer must be made, indicate the penalties that may result from failure to timely answer and the fine that arises from the parking infraction, warn that failure to timely answer or to appear at a requested hearing will be considered an admission of the parking infraction, and warn that a default civil judgment potentially may be entered against the person and, if different, the owner of the vehicle if the person fails to timely answer or to appear at a requested hearing. The parking ticket shall be the summons and complaint for purposes of this chapter.
(b) A law enforcement officer or Parking Violation Bureau enforcement personnel who issues a parking ticket for a parking infraction shall complete the ticket by identifying the parking infraction charged, recording the license plate number, type and make or model of the vehicle and indicating the date, time and place of the parking infraction charged. The officer shall sign the ticket and affirm the facts it contains and file a copy with the violations clerk. If the operator of the vehicle is present, the officer also shall record on the ticket the name of the operator in a space provided on the ticket for identification of the offender, and then shall personally serve the parking ticket upon the operator. If the operator of the vehicle is not present, the officer shall insert the word "owner" in the space provided on the ticket for identification of the offender and then shall constructively serve the parking ticket upon the owner of the vehicle by affixing the ticket to the vehicle in a conspicuous place. Constructive service of a parking ticket upon an owner of a vehicle by affixation as provided in this division, or by the procedure described in division (d) of this section has the same force and effect and potentially subjects both the owner and the operator of the vehicle whose act or omission resulted in the parking infraction, if different, to the same fine and the same penalties, fees and costs for failure to timely answer or to appear, if a hearing is requested, as if the parking ticket were personally served on both the owner and operator of the vehicle at the time of the violation.
(c) The original of a parking ticket issued pursuant to this section or any true copy of it shall be considered a record kept in the ordinary course of business of the city of Columbus and of the law enforcement agency whose officer issued it and shall be prima-facie evidence of the facts it contains.
(d) An operator of a vehicle who is not the owner of the vehicle, but who operates it with the express or implied permission of the owner is the agent of the owner for purposes of the receipt of parking tickets served in accordance with this section and personal service of a parking ticket upon the operator in accordance with this section constitutes constructive service upon the owner for purposes of this chapter. The operator of a rented or leased vehicle whose act or omission results in an alleged parking infraction shall not be considered an agent of the owner if the owner is engaged in the business of renting and leasing vehicles pursuant to a written rental or lease agreement and if the owner follows the procedures set forth in Section 2150.08.
(e) Except as provided in Section 2150.08, when a parking ticket is issued for a parking infraction and is served pursuant to this section, the operator of the vehicle whose act or omission resulted in the parking infraction for which the ticket was issued and the owner of the vehicle involved in the parking infraction, if different, are jointly liable for the parking infraction and any fine, penalty, fees and costs arising out of the parking infraction. Any owner of a vehicle who pays any fine, penalty, fee and cost imposed for a parking infraction pursuant to this chapter may recover the amount paid from the operator of the vehicle whose act or omission resulted in the parking infraction.
(f) No person upon whom a parking ticket charging a parking infraction is personally or constructively served pursuant to this section shall be arrested as a result of the commission of the parking infraction.
(Ord. 32-83: Ord. 2120-03 § 1 (part).)
2150.04 Parking Violation Bureau.
(A) The city of Columbus parking violations bureau is hereby established pursuant to Section 4521.04 of the Ohio Revised Code. The parking violations bureau shall be a division within the office of the treasurer for the city of Columbus. The parking violations bureau has jurisdiction over each parking infraction that occurs within the territory of the city of Columbus. The Parking Violations Bureau will also issue Residential parking permits for areas established pursuant to Section 2105.21 of this Code. The issuance or renewal of a permit under this section shall not be granted until all outstanding parking infractions under this code are paid in full. Notwithstanding any other provision of law to the contrary, each parking infraction that occurs within the jurisdiction of the bureau and the enforcement of each such parking infraction shall be handled pursuant to and be governed by the provisions of Title 21 of this Code. Chapter 4521 of the Ohio Revised Code as outlined in Chapter 2150.
(c) The fines, penalties, fees and costs established for a parking infraction shall be collected, retained and disbursed by the violations clerk if the parking infraction out of which the fine, penalties, fees and costs arose occurred within the jurisdiction of the bureau. The violations clerk shall issue tickets for parking infractions to law enforcement officers for the city of Columbus and prescribe conditions for issuance and accountability. The fine, penalties, fees and costs collected by a violations clerk for a parking infraction shall be disbursed by the clerk to the city of Columbus.
(d) The city treasurer shall have authority to contract with any non-governmental entity to provide services in processing, collecting and enforcing parking tickets issued by law enforcement officers and civil judgments and default civil judgments entered pursuant to this chapter. No contract shall affect the responsibilities of hearing examiners as prescribed in this chapter or the ultimate responsibility of the violations clerk to collect, retain and disburse fines, penalties, fees and costs for parking infractions and monies paid in satisfaction of judgments and default judgment entered pursuant to this chapter. All contracts entered into by the violations clerk shall be subject to approval of city council and the mayor. (Ord. 32-83: Ord. 2120-03 § 1 (part).)
2150.09 Parking ticket adopted.
The following parking ticket is adopted to be used by law enforcement officers in all cases in which a person is charged with a parking infraction within the city of Columbus:
(Ord. 480-83.)
2150.12 Notice of third unpaid judgment or default judgment. Unpaid Judgments.
(A) (1) If a judgment or default judgment is entered against a person pursuant to section 4521.08 of the Revised Code and Chapter 2150 of this code for a violation of an ordinance, resolution, or regulation that regulates the standing or parking of a vehicle in a disability parking space and the person has not paid the judgment or default judgment within ten days of the date of entry of the judgment, the parking violations bureau, joint parking violations bureau, or traffic violations bureau in which the judgment was entered may give notice of that fact to the registrar of motor vehicles. The notice, if given, shall be given not earlier than sixteen days nor later than three years after the date of entry of the judgment, and shall be in a form and manner, and contain such information, as the registrar prescribes.
(A) (2) Pursuant to the provisions of Section 4521.10, Ohio Revised Code, the parking violations bureau is authorized to give notice to the registrar of the Ohio Bureau of Motor Vehicles of the fact that three (3) or more judgments or default judgments have been entered against a person under the provisions of Section 4521.08, Ohio Revised Code and Chapter 2150 of this code. The notice, if given, shall be given not earlier than sixteen (16) days nor later than three (3) years after the date of entry of the third judgment or default judgment and shall be in a form and manner and contain such information as the registrar of the Ohio Bureau of Motor Vehicles prescribes.
(B) When a notice as provided in division (A) of this section is given to the registrar of the Ohio Bureau of Motor Vehicles and the judgments or default judgments are subsequently paid, dismissed, reversed on appeal, or it is discovered that such notice was given in error the parking violations bureau shall immediately notify the registrar of such fact in a form and manner as prescribed by the registrar.
If the notice was not given in error, the parking violations bureau shall charge the person a five dollar ($5.00) processing fee for each judgment or default judgment for which notice has previously been given under this section to cover the costs of the bureau of motor vehicles in administering this section. Upon payment of that fee, together with the payment of all outstanding judgments and default judgments, the parking violations bureau shall provide such person a release to be presented at the time of registering or transferring the registration of a motor vehicle owned or leased by him and notify the registrar that the judgments have been paid. The total amount of such five dollar ($5.00) fees collected under this section shall be transmitted monthly to the registrar of the Ohio Bureau of Motor Vehicles for deposit in the state highway safety fund established by Section 4501.06, Ohio Revised Code.
(C) The parking violations bureau shall comply with Section 4521.10, Ohio Revised Code and such rules as the registrar shall adopt pursuant to that section. (Ord. 2899-90.)
2151.01 Parking prohibitions in specified places.
(1) No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with any other traffic or to comply with the directions of a police officer or a traffic control device in any of the following places:
(a) On a sidewalk, except a bicycle;
(b) In front of or within five (5) feet of a public or private driveway;
(c) Within an intersection;
(d) Within ten (10) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, or, if there is no crosswalk, within twenty (20) feet of an intersection;
(g) Within thirty (30) feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device;
(h) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by a traffic control device;
(i) Within fifty (50) feet of the nearest rail of a railroad crossing;
(j) Within twenty (20) feet of the driveway entrance to any fire station and, on the side of a street opposite the entrance to any fire station, within seventy-five (75) feet of such entrance when it is properly posted with signs;
(k) Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;
(l) Alongside any vehicle stopped or parked at the edge or curb of a street;
(m) Upon any bridge or other elevated structure upon a street or within a street tunnel unless such bridge or tunnel is properly posted with a sign to allow parking;
(n) Within one (1) foot of another parked vehicle;
(o)(1) At any place designated as no parking pursuant to in violation of rules and regulations promulgated by the director of public service under the authority provided in Chapter 2105;
(o)(2) At any place designated as no stopping pursuant to rules and regulations promulgated by the director of public service under the authority provided in Chapter 2105;
(p) In front of all schools as defined in Section 2101.341, for a distance of seventy-five (75) feet in each direction from the main entrance to the school when properly posted with signs;
(q) In front of all theaters for a distance of twenty-five (25) feet in each direction from the center of the main entrance when it is properly posted with signs;
(r) Upon any street or alley twenty-three (23) feet or less in width when it is properly posted with signs;
(s) In front of any church where conditions are such that they warrant a parking prohibition and for the distance that the Traffic Engineer deems advisable when it is properly posted with signs;
(t) Upon any traffic control island or median that separates traffic on a street, highway, roadway or boulevard;
(u) In front of any auto-mail box for a distance of twenty (20) feet in each direction from the auto-mail box, when it is properly posted with signs;
(v) Within the right-of-way line of a controlled-access highway, freeway, expressway or thruway, except for emergency purposes;
(w) Upon a service road or upon the public property alongside a service road;
(x) Within twenty (20) feet of the junction of an alley and a street;
(y) In a public right-of-way, within ten (10) feet of a bulk refuse container;
(z) In a handicapped designated parking space as defined in Section 2155.01(h) unless the vehicle is a handicapped designated vehicle as defined in Section 2155.01(g) or a handicapped designated vehicle from a state other than Ohio entitled to reciprocity pursuant to Section 5502.03 of the Ohio Revised Code;
(aa) In front of, or within one (1) foot of, a wheelchair ramp;
(bb) Other than a motor bus, in a bus loading area, when such area has been officially designated and appropriately posted with a sign, except the driver of a passenger vehicle may stop temporarily therein for the purpose of, and while actually engaged in, loading or unloading passengers, when such stopping does not interfere with any motor bus entering or leaving such bus loading area;
(cc) Any place marked as a loading zone for any period of time longer than is necessary for the expeditious loading or unloading of passengers or merchandise.
(2) A violation of any provision of this section constitutes the commission of a parking infraction pursuant to and governed by the provisions of Chapter 2150.(Ord. 1171-88: Ord. 2120-03 § 1 (part).)
2151.21 Failure to register or display.
(a) No person shall park any vehicle upon the public streets or highways when any of the following apply:
(1) The owner has failed to annually file the application for registration or to pay the tax therefore, as required by Chapter 4503 of the Ohio Revised Code.
(2) The vehicle was acquired from a former owner who has registered the same in Ohio, while the vehicle displays the distinctive number or identification mark assigned to it upon its former registration.
(3) The vehicle displays a distinctive number or identification mark issued by or under the authority of another state without complying with the laws of Ohio relating to the registration and identification of motor vehicles.
(4) The vehicle displays license plates, including a validation sticker issued pursuant to Chapter 4503 of the Ohio Revised Code and license plates issued in another state, for any period of time which has expired, or any license plates issued in another state for which the period of reciprocal agreement with the state of issue has expired.
(5) The vehicle displays a license plate not legally registered and issued for such vehicle.
(6) The vehicle fails to display a valid front and rear license plate issued by the state of Ohio pursuant to Chapter 4503 of the Ohio Revised Code.
(b) A violation of any provision of this section constitutes the commission of a parking infraction to be handled pursuant to and governed by the provision of Chapter 2150. (Ord. 2622-93: Ord. 2120-03 § 1 (part).)
2155.01 Definitions.
The following definitions shall apply to terms used in this chapter:
(a) "Individual street parking space" means a portion of the paved surface of the street approximately twenty-three (23) feet in length extending from the sidewalk curb into the street a sufficient distance to accommodate a vehicle when the same is parked parallel to the curb with the right wheels thereof not more than four (4) inches from such curb or on a one (1) way street where parking is permitted on the left side of the street, when a vehicle shall be parked parallel to the curb with the left wheels thereof not more than four (4) inches from such curb.
(b) "Parking" means the standing of a vehicle upon a street, or off-street parking lot, whether such vehicle is occupied or not and whether such vehicle is accompanied or not by an operator for a period of time in excess of two (2) minutes, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in compliance with directions of a police officer or traffic control device.
(c) "Parking meters" means a device which indicates thereon the length of time during which a vehicle may be parked in a particular place, which has as a part thereof a receptacle or chamber for receiving and storing required coins of United States money, a slot or place in which such coin can be deposited, a time mechanism to indicate the passage of an interval of time during which parking is permissible, and which also displays an appropriate signal when the aforesaid interval of time has elapsed.
(d) "Vehicle" means any device in, upon, or by which any person or property is or may be transported upon a public street, except such devices as are used exclusively upon stationary rails or tracks and such devices as are propelled exclusively by human power.
(e) "Off-street parking lot" means any lot, piece, or parcel of land owned by the city and designated by council for the purpose of metered, time-regulated storing or parking of vehicles.
(f) "Individual off-street parking space" means a portion of the paved surface of the off-street parking lot approximately twenty (20) feet in length and nine (9) feet in width.
(g) "Handicapped designated vehicle" means a motor vehicle that displays either (1) a parking card issued under section 4503.44 of the Ohio Revised Code or (2) a special license plate issued under section 4503.44 of the Ohio Revised Code and is being operated by or for the transport of a handicapped person. For purposes of this section "handicapped person" means any person who has lost the use of one (1) or both legs or one (1) or both arms, who is blind or deaf, or so severely handicapped 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 handicapping condition. When a motor vehicle displays a temporary parking pass, disabled veteran plate, permanent parking card from the appropriate state agency, or special license plate, that is being operated by or transporting a disabled or handicapped person, the motor vehicle shall have the decal or parking card clearly displayed on the left dashboard or in the left front windshield of enclosed vehicles so that the parking privilege information is on the front side of the card and is readily readable from outside the windshield. (ORC 4503.44)
(h) "Handicapped designated parking space" means parking spaces on public or private streets, parking lots and parking garages designated for the exclusive use of a handicapped designated vehicle and denoted as such in accordance with the
requirements of the Ohio Revised Code Section 4511.69 (E), Ohio Revised Code Section 3781.111 (C), the Ohio Manual of Uniform Traffic Control Devices and the City of Columbus Transportation Division Sign Installation Manual.
(i) "Meter day" means any day that parking meters are enforced. (Ord. 581-88: Ord. 2120-03 § 1 (part).)
Section 2. That existing sections 2105.21, 2150.03, 2150.04, 2150.09, 2150.12, 2151.01, 2151.21, and 2155.01 are hereby repealed.
Section 3. That this ordinance shall take effect and be enforce from and after the earliest period allowed by law.