Title
Notice/Advertisement Title: Columbus City Code Chapter 2150 Rules and Regulations
Contact Name: Amanda Ford
Contact Telephone Number: 614-645-6460
Contact Email Address: aaford@columbus.gov
Body
I. PURPOSE
The Division of Mobility and Parking Services is committed to providing safe, equitable and predictable mobility and parking options for all residents, guest and visitors in the City of Columbus. We aim to increase mobility choices, manage congestion and facilitate access to goods and services in a city experiencing enormous growth.
Chapter 2150 of the Columbus City Codes, governs parking infractions and establishes the following framework:
• Decriminalization (2150.03): Parking infractions are not criminal offenses and will not lead to criminal court, criminal record or arrest;
• Notice/Ticketing (2150.05): When a parking violation is observed, a ticket is issued, which identifies the parking infraction charged, vehicle, location, date, time, fine amount, etc.;
• Answer/Pay/Hearing (2150.06, 2150.12): The vehicle owner has a period in which to pay or contest the parking infraction and request a hearing. Late fees may be added if the vehicle owner fails to respond; (Timeline for answers are outlined in Section IV.)
• Penalties and Fines (2150.10): There is a schedule of fines specified for each parking infraction and the timeline required for early and late payments. For example, safety infractions carry a higher fine amount than general parking infractions; (Details of fine amounts are outlined in Section VII.)
• Default Judgments (2150.13): If a vehicle owner fails to pay or contest the ticket within the required time, a default civil judgment will be entered against them in the Franklin County Municipal Court; and
• Impoundment (2150.18): Additional penalties may be added if a parking infraction is unpaid, plus possible vehicle impoundment or immobilization if multiple judgments exist.
The purpose of these rules and regulations is to establish procedures for Chapter 2150 of the Columbus City Codes, as it relates to the following:
• Define vehicle ownership and the proper documentation required to obtain an impounded vehicle;
• Timeline for answering a parking ticket and responding to the infraction notification;
• Policy for administrative review when a parking ticket is contested and a hearing is requested; and
• The parking infraction fine structure.
II. AUTHORITY
A. Pursuant to the authority granted under Section 2150.02 of the Columbus City Codes the Director of Public Service hereby adopts, establishes, and publishes these rules and regulations to be effective at the earliest time allowed by law.
B. These rules and regulations supersede all previously promulgated rules and regulations for Chapter 2150 of the Columbus City Codes.
III. IMPOUNDMENT OR IMMOBILZATION RELEASE PROCEDURES
When a vehicle, as defined in Section 2101.51, is impounded or immobilized in accordance with Section 2150.18 of the Columbus City Codes, the vehicle owner or owner agent must provide proper identification and an acceptable proof of vehicle ownership of the vehicle before the vehicle may be released.
A. Movement of Vehicle: Upon fulfilling the applicable requirements listed under (B) and (C) of Section IV, every person driving a vehicle from impoundment must have a valid driver’s license. If this person does not have a valid driver's license, this person must have a government issued photo ID and have the vehicle towed from the lot. If the person is an owner’s agent/designee, only that named owner’s agent/designee is permitted to remove the vehicle.
B. Providing Identification: The following are acceptable forms of identification. All acceptable forms must be active or have expired within the past thirty (30) days:
1. Government issued photo ID;
2. Temporary paper licenses issued by the Bureau of Motor Vehicles;
3. Student photo ID; or
4. Employee photo ID.
C. Providing Vehicle Ownership: In order to release a vehicle, a person must (i) provide identification as described in Section IV(B) (“properly identified person”); (ii) prove they are the owner, have permission from the owner, or have the authority to obtain the impounded vehicle; and (iii) provide the proper documentation as described below.
1. Vehicle owned by a person (i.e. a person’s name is on the title or registration)
a. If the properly identified person is the owner, this owner must provide vehicle title or current vehicle registration containing the same name as the properly identified person.
b. If the owner’s designee is retrieving the vehicle, the designee must provide the vehicle title or current vehicle registration containing a different name than the properly identified person AND one of the following:
i. A current insurance card or policy containing the vehicle information and same name as properly identified person (for vehicles impounded for parking infractions only); OR
ii. Notarized Authorization of Release form from the owner giving permission to the designee to retrieve the impounded vehicle. The owner’s name on this form must be the same name listed on the vehicle’s title or current registration. The designee on this form must be the same name as the properly identified person.
2. Vehicle owned by a business (i.e. a business name is on the title or registration):
a. If the properly identified person is the business owner but provides a vehicle title or current vehicle registration containing the business name, the following must be provided:
i. The actives Articles of Incorporation filed with the Ohio Secretary of State naming the owner of the business and matching the name of the properly identified person.
b. If the business owner’s designee is retrieving the vehicle and the business name is listed on the vehicle title or current vehicle registration, ALL the following must be provided:
i. Vehicle title or current vehicle registration containing the business name;
ii. Notarized Authorization of Release form (“Form”) from the business owner of the business listed on the vehicle title or current vehicle registration, giving permission to the designee to retrieve the impounded vehicle. The designee on this Form must be the same name as the properly identified person; AND
iii. The active Articles of Incorporation filed with the Ohio Secretary of State naming the owner of the business and matching the name of the business owner on the Form.
3. Lienholders/Repossession: must provide:
a. Vehicle title; AND
b. One of the following:
i. Notarized Hold Harmless Letter (designed to only be used for lienholders); OR
ii. Notarized Affidavit of Repossession from the Bureau of Motor Vehicles containing the make, model, year, and VIN of the vehicle; OR
iii. Writ of Replevin containing the make, model, year, and VIN of the vehicle; OR
iv. Towing assignment - can be in the form of a notarized letter, or included on the Hold Harmless Letter.
4. Rental Vehicle
a. If the vehicle was impounded ONLY for a parking infraction, a current rental agreement from the rental car agency displaying the same name of the properly identified person and the vehicle license plate and/or VIN number.
b. If the vehicle was impounded for any other reason than a parking infraction, the owner (rental agency) must provide BOTH of the following
i. Vehicle title or current vehicle registration; AND
ii. Notarized Authorization of Release form from the owner (rental agency) giving permission to the designee to retrieve the impounded vehicle. The owner’s (rental agency’s) name on this form must be the same name listed on the vehicle title or current vehicle registration. The designee on this form must be the same name as the properly identified person.
5. Tow truck company on behalf of an insurance company:
a. Must provide ALL of the following:
i. A Notarized Authorization of Release from a verified vehicle owner giving the insurance company permission to retrieve the vehicle on their behalf. The owner’s name on this form must be the same name listed on the vehicle title or current vehicle registration;
ii. A Notarized Authorization of Release from the insurance company giving the tow company permission to retrieve the vehicle on their behalf. The insurance company named on this form must be the same insurance company named on the Notarized Authorization of Release form from the verified vehicle owner; AND
iii. The tow truck driver must provide a valid driver’s license and employee verification from the tow company giving permission to the driver to retrieve the vehicle.
b. Tow companies are the only entity that can pay for impound fees by check IF they have applied for and been authorized to write a check to the City of Columbus.
6. Power of Attorney (POA)
a. An acceptable General Power of Attorney must be signed and notarized giving the properly identified person the authority to act on behalf of the vehicle owner.
7. Executor or Named Beneficiary: properly identified person must provide the following:
a. Vehicle title displaying “title on death” that names the deceased vehicle owner and the properly identified person as the vehicle owner upon death; AND
b. Certified copy of the death certificate matching the name of the deceased vehicle owner.
8. Out of State Owner
a. The properly identified person must provide a signed title that includes the date of purchase, previous vehicle owner’s signature and the signature of properly identified person, if applicable, as proof of vehicle purchase. The purchase of the impounded vehicle must have occurred within the last 45 days for the title to be accepted. The VIN on the title must match the VIN on the impounded vehicle
9. Incapacitated Vehicle Owner: properly identified person must provide the following:
a. Power of Attorney, court order, will, trust, or legal documentation establishing that the properly identified person has the right to claim the impounded vehicle.
D. Documentation requirements: All documentation must be in their original form or sent via fax or email - we cannot accept photos displayed on phones, etc.
1. Vehicle registration must be provided from the Bureau of Motor Vehicles Records Access or a paper copy.
2. Vehicle title must include front and back and be a paper copy or an e-title that reflects the owner’s name where required.
3. Insurance card or policy must include the VIN of the vehicle to be released and the name of the properly identified person.
4. A Notarized Authorization of Release must contain the following:
a. Name of registered owner;
b. Name of the company/individual to whom the vehicle is being released;
c. The make, model, year and license plate or VIN number of the vehicle; and
d. Notarized signature of the registered owner.
IV. TIMELY ANSWER OF PARKING TICKET AND INFRACTION NOTIFICATION
A. In accordance with Section 2150.06, any person who is personally or constructively served with a parking ticket shall answer in-person, by mail, or online to the Division within thirty (30) days from the date of the service of the parking ticket.
B. In accordance with Section 2150.08, if a person fails to answer the parking infraction within thirty (30) days, the Division shall issue an infraction notification warning that the person must pay or contest the parking infraction within thirty (30) days from the issuance date on the infraction notification or a default judgment in the amount of the fine, penalties and cost due shall be entered against the person.
V. SERVING A PARKING TICKET
A. All parking tickets shall be personally or constructively served in accordance with Section 2150.05(B).
B. If the vehicle owner or operator and vehicle leave the location prior to being served the parking ticket, the parking ticket shall be mailed to the vehicle owner at the last known address provided to the Bureau of Motor Vehicles.
VI. ADMINISTRATIVE REVIEW
A. In accordance with Section 2150.12, when a person contests a parking ticket, the Division shall schedule a hearing with the hearing examiner. Upon receipt of the hearing request and written explanation and evidence, the Division shall promptly perform an administrative review to determine if the explanation and evidence establishes a dismissal of the parking ticket.
1. If the administrative review determines the explanation and evidence establish dismissal of the parking ticket, the administrative review shall recommend to the hearing examiner that the ticket be dismissed.
2. If the hearing examiner supports the recommendation to dismiss the parking ticket, a letter shall be sent to the vehicle owner and no hearing shall be scheduled. If the fine was paid, the amount of the fine shall be returned to the person. If the administrative review determines there is insufficient evidence to establish dismissal of the parking ticket, the hearing shall be scheduled with the hearing examiner.
B. In accordance with Section 2150.07, a vehicle owner is not liable to an operator of the vehicle for the fine, penalty, fee or cost arising out of the parking infraction if the owner contests committing the parking infraction and provides evidence to establish that the vehicle, at the time of the parking infraction, was being used in accordance to Section 2150.07(A)(1) or (2).
1. If an administrative review is unable to make a determination that the vehicle was being used in accordance with 2150.07(A)(1) or (2), a hearing shall be scheduled with the hearing examiner pursuant to Section 2150.12.
2. If an administrative review determines that the vehicle owner provided sufficient evidence to establish that the vehicle was being used in accordance with 2150.07 (A)(1) or (2), the administrative review will recommend to the hearing examiner that the owner is not responsible for any fine, penalties, fees or cost arising out of the parking infraction. Upon the hearing examiner’s judgment, the parking ticket will be reassigned to the operator of the vehicle at the time the parking infraction occurred.
VII. PARKING TICKET FINES
A. 2150.10 of the Columbus City Codes provides the Director authority to establish a fine structure that identifies the fine amount for each parking infraction charged. The fine amount for each parking infraction, as promulgated in these rules and regulations, shall not exceed the maximum fine allowed pursuant to Ohio Revised Code Section 4521.02(A).
B. Parking infractions are categorized into three (3) types of violations and the fine amount is related to the type of violation and the severity of the citation.
1. General Parking Violations: means violations that have a minimal impact to safety, mobility and access to parking.
2. Parking Management Violations: means violations related to the management of on-street parking in providing turnover and access for all users.
3. Safety/Mobility Violations: means violations that impact safety and access for all motorists, pedestrians, persons with disabilities and/or mobility related activities. These violations are further broken down into two (2) tiers:
a. General Safety Violations: means violations that are related to safety but do not cause an immediate threat to motorists, pedestrians, persons with disabilities and/or mobility related activities.
b. Egregious Safety/Mobility Violations: means violations that cause an immediate threat to motorists, pedestrians, persons with disabilities and/or mobility related activities.
C. The following fine structure for parking infraction is hereby established:
1. The “STANDARD” fine amount of the actual fine of the parking infraction charged.
a. If payment of the fine is made on or before day seven (7) of the date the ticket was issued, the owner or operator shall pay the “EARLY” fine amount.
b. If payment of the fine is made after day seven (7) but on or before day twenty-nine (29) of the date the ticket was issued, the owner shall pay the “STANDARD” fine amount.
c. If payment of the fine is made thirty (30) days or more after the date the ticket was issued, the owner shall pay the “LATE” fine amount.
|
Code Section |
Violation |
EARLY |
STANDARD LATE |
|
|
919.23(C) |
Parking on grass in city park |
$20.00 |
$40.00 |
$50.00 |
|
2105.16 |
Individual parking spaces |
$50.00 |
$70.00 |
$80.00 |
|
2131.27(b) |
Parking near emergency vehicle |
$50.00 |
$70.00 |
$80.00 |
|
2137.09 |
Lights on parked vehicle |
$20.00 |
$40.00 |
$50.00 |
|
2151.01(1)(a) |
Parking prohibited on a sidewalk, shared-use path, curb, or street $70.00 |
$90.00 |
$100.00 |
|
|
|
lawn area between a curb and right-of-way line, except a bicycle |
|
|
|
|
2151.01(1)(aa) |
Parking prohibited within 1 ft. of wheelchair ramp |
$70.00 |
$90.00 |
$100.00 |
|
2151.01(1)(b) |
Parking prohibited within 5 ft. of driveway |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(bb) |
Obstructing bus loading area |
$70.00 |
$90.00 |
$100.00 |
|
2151.01(1)(c) |
Parking within an intersection |
$70.00 |
$90.00 |
$100.00 |
|
2151.01(1)(d) |
Parking prohibited within 10 ft. of fire hydrant |
$70.00 |
$90.00 |
$100.00 |
|
2151.01(1)(e) |
Parking prohibited on crosswalk |
$70.00 |
$90.00 |
$100.00 |
|
2151.01(1)(f) |
Parking prohibited within 20 ft. of crosswalk |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(g) |
Parking prohibited within 30 ft. of stop sign |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(h) |
Parking in or near a safety zone |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(i) |
Parking within 50 feet of railroad crossing |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(j) |
Parking near fire station entrance |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(k) |
Parking near street excavation or obstruction |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(l) |
Parking, standing or stopping alongside parked vehicle |
$70.00 |
$90.00 |
$100.00 |
|
2151.01(1)(m) |
Parking prohibited, bridge, viaduct or tunnel |
$20.00 |
$40.00 |
$50.00 |
|
2151.01(1)(n) |
Parking prohibited within 1 ft. of another parked vehicle |
$20.00 |
$40.00 |
$50.00 |
|
2151.01(1)(o)(1) |
Parking prohibited, signs, no parking |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(o)(2) |
Parking prohibited, signs, no stopping |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(p) |
Parking prohibited in front of schools |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(q) |
Parking prohibited in front of theaters |
$20.00 |
$40.00 |
$50.00 |
|
2151.01(1)(r) |
Parking prohibited in street or alley 23 ft. or less in width |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(s) |
Parking prohibited in front of church |
$20.00 |
$40.00 |
$50.00 |
|
2151.01(1)(t) |
Parking prohibited in island or median |
$20.00 |
$40.00 |
$50.00 |
|
2151.01(1)(u) |
Parking prohibited in front of auto mail box |
$20.00 |
$40.00 |
$50.00 |
|
2151.01(1)(v) |
Parking prohibited on expressway, freeway, highway, or thruway $50.00 |
$70.00 |
$80.00 |
|
|
2151.01(1)(w) |
Parking prohibited on service road |
$20.00 |
$40.00 |
$50.00 |
|
2151.01(1)(x) |
Parking prohibited 20 ft. of junction of alley & street |
$50.00 |
$70.00 |
$80.00 |
|
2151.01(1)(y) |
Parking prohibited within 10 ft. of bulk refuse container |
$20.00 |
$40.00 |
$50.00 |
|
2151.01(1)(z) |
Parking prohibited in disability space |
$480.00 |
$500.00 |
$510.00 |
|
2151.03 |
Parking without 10 ft. clearance |
$50.00 |
$70.00 |
$80.00 |
|
2151.04 |
Stopping not to obstruct street or crossing |
$50.00 |
$70.00 |
$80.00 |
|
2151.06(a) |
More than 12 inches from curb, parallel parking |
$20.00 |
$40.00 |
$50.00 |
|
2151.06(b) |
Parking facing wrong direction |
$20.00 |
$40.00 |
$50.00 |
|
2151.06(e) |
More than 12 inches from curb, angled parking |
$20.00 |
$40.00 |
$50.00 |
|
2151.06(h) |
More than 2 motorcycles in a parking space |
$20.00 |
$40.00 |
$50.00 |
|
2151.08(a) |
Unattended vehicle |
$20.00 |
$40.00 |
$50.00 |
|
2151.09(a) |
Parking more than 72 hours |
$20.00 |
$40.00 |
$50.00 |
|
2151.11 |
Parking near railroad spur tract |
$20.00 |
$40.00 |
$50.00 |
|
2151.12 |
Blocking driveway or garage |
$50.00 |
$70.00 |
$80.00 |
|
2151.13 |
Funeral service parking in front of church or funeral home |
$20.00 |
$40.00 |
$50.00 |
|
2151.14 |
Parking prohibited for displaying vehicle for sale |
$20.00 |
$40.00 |
$50.00 |
|
2151.15 |
Parking limited for displaying advertising |
$20.00 |
$40.00 |
$50.00 |
|
2151.16 |
Parking limited while offering materials for sale |
$20.00 |
$40.00 |
$50.00 |
|
2151.17 |
Parking for washing, greasing or repairing |
$20.00 |
$40.00 |
$50.00 |
|
2151.18 |
Parking in permit parking area |
$50.00 |
$70.00 |
$80.00 |
|
2151.19(a)(1) |
Vehicle loading - beyond time limit |
$50.00 |
$70.00 |
$80.00 |
|
2151.19(a)(2) |
No loading activity |
$50.00 |
$70.00 |
$80.00 |
|
2151.19(a)(3) |
Vehicle loading - non-payment |
$50.00 |
$70.00 |
$80.00 |
|
2151.19(a)(4) |
Vehicle loading - permit required |
$50.00 |
$70.00 |
$80.00 |
|
2151.19(a)(5) |
Vehicle loading - failure to move as directed |
$50.00 |
$70.00 |
$80.00 |
|
2151.20 |
Overtime, truck, bus, boat, trailer or house vehicle |
$20.00 |
$40.00 |
$50.00 |
|
2151.21(a) |
Fail to register or display a valid registration |
$30.00 |
$30.00 |
$30.00 |
|
2151.21(b) |
Fail to register or display a valid disability placard or plate |
$20.00 |
$40.00 |
$50.00 |
|
2151.22 |
Inoperable motor vehicles on public property |
$20.00 |
$40.00 |
$50.00 |
|
2151.25 |
Parking in dedicated car-sharing parking space |
$50.00 |
$70.00 |
$80.00 |
|
2151.26 |
Overtime Parking |
$50.00 |
$70.00 |
$80.00 |
|
2151.27 |
Parking in a bike lane |
$70.00 |
$90.00 |
$100.00 |
|
2151.28 |
Parking in a bus only lane |
$70.00 |
$90.00 |
$100.00 |
|
2155.02 |
Meter spaces limited to vehicles only |
$20.00 |
$40.00 |
$50.00 |
|
2155.05 |
Meter Non-Payment |
$50.00 |
$70.00 |
$80.00 |
|
2157.04 |
Parking, standing of vehicles prohibited snow emergency |
$50.00 |
$70.00 |
$80.00 |
Table headers:
Early (within 7 days of issuance)
Standard (8-29 days of issuance)
Late (30 days or more after issuance)
D. Periodic Assessment and Evaluation of Parking Fines
1. To ensure the parking infraction fine structure is reflective of market conditions and trends, and industry best practices, a comprehensive review of parking infraction fine amounts shall be completed by the Division every two (2) years. The following parking infraction characteristics may be utilized to inform recommended adjustments:
a. Reviewing industry best practices;
b. Benchmarking comparable cities fine amounts;
c. Analyzing the average time to pay a parking infraction by type;
d. Assessing the general parking and/or safety impact of violations; and
e. Introducing new parking fine amounts associated with newly codified parking violation types based on new, emerging, or revised parking and mobility programs
2. At no time shall the Director increase the cost of a parking infraction to exceed the maximum amount allowable by Section 4521.02(A) of the Ohio Revised Code.
E. Notification of Parking Infraction Fine Adjustments
1. Prior to any adjustment to parking fine amounts, the Director shall provide notice to the following individuals and organizations no less than thirty (30) days prior to any fine adjustment going into effect:
a. Mayor;
b. City Council, Public Service Chair; and
c. Post in the City Bulletin, as required of all changes to Rules and Regulations.
2. The Department of Public Service shall also notify the public through a media release no less than thirty (30) days prior to implementation in order to communicate parking fine changes to the public at-large.
VIII. APPEALS
An appeal of hearing examiner judgment shall follow the procedure described in Section 2150.15 of the Columbus City Codes.
BY ORDER:
KELLY SCOCCO
DIRECTOR
DEPARTMENT OF PUBLIC SERVICE