Bill Text: OH HB265 | 2013-2014 | 130th General Assembly | Comm Sub


Bill Title: 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."

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2014-04-09 - Committee Report [HB265 Detail]

Download: Ohio-2013-HB265-Comm_Sub.html
As Reported by the House Health and Aging Committee

130th General Assembly
Regular Session
2013-2014
H. B. No. 265


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, 1
3781.111, 4503.44, and 4511.69 of the Revised Code 2
to alter the designation of special parking 3
locations for persons who have a disability that 4
limits or impairs the ability to walk by 5
designating such locations as "accessible parking 6
spaces" or "disability parking spaces."7


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

       Section 1. That sections 737.051, 737.161, 3501.29, 3781.111, 8
4503.44, and 4511.69 of the Revised Code be amended to read as 9
follows:10

       Sec. 737.051.  (A) The legislative authority of a city may 11
establish, by ordinance, an auxiliary police unit within the 12
police department of the city, and provide for the regulation of 13
auxiliary police officers. The director of public safety shall be 14
the executive head of the auxiliary police unit, shall make all 15
appointments and removals of auxiliary police officers, subject to 16
any general rules prescribed by the legislative authority by 17
ordinance, and shall prescribe rules for the organization, 18
training, administration, control, and conduct of the auxiliary 19
police unit. Members of the auxiliary police unit shall not be in 20
the classified service of the city.21

       (B)(1) The legislative authority of a city may establish, by 22
ordinance, a parking enforcement unit within the police department 23
of the city, and provide for the regulation of parking enforcement 24
officers. The director of public safety shall be the executive 25
head of the parking enforcement unit, shall make all appointments 26
and removals of parking enforcement officers, subject to any 27
general rules prescribed by the legislative authority by 28
ordinance, and shall prescribe rules for the organization, 29
training, administration, control, and conduct of the parking 30
enforcement unit. The director may appoint parking enforcement 31
officers who agree to serve for nominal compensation, and persons 32
with physical disabilities may receive appointments as parking 33
enforcement officers.34

       (2) The authority of the parking enforcement officers shall 35
be limited to the enforcement of ordinances governing parking in 36
handicappedaccessible parking locations and fire lanes and any 37
other parking ordinances specified in the ordinance creating the 38
parking enforcement unit. Parking enforcement officers shall have 39
no other powers.40

       (3) The training the parking enforcement officers shall 41
receive shall include instruction in general administrative rules 42
and procedures governing the parking enforcement unit, the role of 43
the judicial system as it relates to parking regulation and 44
enforcement, proper techniques and methods relating to the 45
enforcement of parking ordinances, human interaction skills, and 46
first aid.47

       Sec. 737.161.  (A) The legislative authority of a village may 48
establish, by ordinance, an auxiliary police unit within the 49
police department of the village, and provide for the regulation 50
of auxiliary police officers. The mayor shall be the executive 51
head of the auxiliary police unit, shall make all appointments and 52
removals of auxiliary police officers, subject to any general 53
rules prescribed by the legislative authority by ordinance, and 54
shall prescribe rules for the organization, training, 55
administration, control, and conduct of the auxiliary police unit. 56
The village marshal shall have exclusive control of the stationing 57
and transferring of all auxiliary police officers, under such 58
general rules as the mayor prescribes.59

       (B)(1) The legislative authority of a village may establish, 60
by ordinance, a parking enforcement unit within the police 61
department of the village, and provide for the regulation of 62
parking enforcement officers. The mayor shall be the executive 63
head of the parking enforcement unit, shall make all appointments 64
and removals of parking enforcement officers, subject to any 65
general rules prescribed by the legislative authority by 66
ordinance, and shall prescribe rules for the organization, 67
training, administration, control, and conduct of the parking 68
enforcement unit. The mayor may appoint parking enforcement 69
officers who agree to serve for nominal compensation, and persons 70
with physical disabilities may receive appointments as parking 71
enforcement officers.72

       (2) The authority of the parking enforcement officers shall 73
be limited to the enforcement of ordinances governing parking in 74
handicappedaccessible parking locations and fire lanes and any 75
other parking ordinances specified in the ordinance creating the 76
parking enforcement unit. Parking enforcement officers shall have 77
no other powers.78

       (3) The training the parking enforcement officers shall 79
receive shall include instruction in general administrative rules 80
and procedures governing the parking enforcement unit, the role of 81
the judicial system as it relates to parking regulation and 82
enforcement, proper techniques and methods relating to the 83
enforcement of parking ordinances, human interaction skills, and 84
first aid.85

       Sec. 3501.29.  (A) The board of elections shall provide for 86
each precinct a polling place and provide adequate facilities at 87
each polling place for conducting the election. The board shall 88
provide a sufficient number of screened or curtained voting 89
compartments to which electors may retire and conveniently mark 90
their ballots, protected from the observation of others. Each 91
voting compartment shall be provided at all times with writing 92
implements, instructions how to vote, and other necessary 93
conveniences for marking the ballot. The presiding judge shall 94
ensure that the voting compartments at all times are adequately 95
lighted and contain the necessary supplies. The board shall 96
utilize, in so far as practicable, rooms in public schools and 97
other public buildings for polling places. Upon application of the 98
board of elections, the authority which has the control of any 99
building or grounds supported by taxation under the laws of this 100
state, shall make available the necessary space therein for the 101
purpose of holding elections and adequate space for the storage of 102
voting machines, without charge for the use thereof. A reasonable 103
sum may be paid for necessary janitorial service. When polling 104
places are established in private buildings, the board may pay a 105
reasonable rental therefor, and also the cost of liability 106
insurance covering the premises when used for election purposes, 107
or the board may purchase a single liability policy covering the 108
board and the owners of the premises when used for election 109
purposes. When removable buildings are supplied by the board, they 110
shall be constructed under the contract let to the lowest and best 111
bidder, and the board shall observe all ordinances and regulations 112
then in force as to safety. The board shall remove all such 113
buildings from streets and other public places within thirty days 114
after an election, unless another election is to be held within 115
ninety days.116

       (B)(1) Except as otherwise provided in this section, the 117
board shall ensure all of the following:118

       (a) That polling places are free of barriers that would 119
impede ingress and egress of handicapped persons with a disability 120
that limits or impairs the ability to walk;121

       (b) That the minimum number of special parking locations, 122
also known as handicappedaccessible parking spaces or disability 123
parking spaces, for handicapped persons with a disability that 124
limits or impairs the ability to walk are designated at each 125
polling place in accordance with 28 C.F.R. Part 36, Appendix A, 126
and in compliance with division (E) of section 4511.69 of the 127
Revised Code;128

        (c) That the entrances of polling places are level or are 129
provided with a nonskid ramp that meets the requirements of the 130
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42 131
U.S.C. 12101;132

       (d) That doors are a minimum of thirty-two inches wide.133

       (2) Notwithstanding division (B)(1)(a), (c), or (d) of this 134
section, certain polling places may be specifically exempted by 135
the secretary of state upon certification by a board of elections 136
that a good faith, but unsuccessful, effort has been made to 137
modify, or change the location of, such polling places.138

       (C) At any polling place that is exempted from compliance by 139
the secretary of state, the board of elections shall permit any 140
handicapped elector who is a person with a disability that limits 141
or impairs the ability to walk who travels to that elector's 142
polling place, but who is unable to enter the polling place, to 143
vote, with the assistance of two polling place officials of major 144
political parties, in the vehicle that conveyed that elector to 145
the polling place, or to receive and cast that elector's ballot at 146
the door of the polling place.147

       (D) The secretary of state shall:148

       (1) Work with other state agencies to facilitate the 149
distribution of information and technical assistance to boards of 150
elections to meet the requirements of division (B) of this 151
section;152

       (2) Work with organizations that represent or provide 153
services to handicapped, disabled,persons with a disability that 154
limits or impairs the ability to walk or who are elderly citizens155
to effect a wide dissemination of information about the 156
availability of absentee voting, voting in the voter's vehicle or 157
at the door of the polling place, or other election services to 158
handicapped, disabled,persons with a disability that limits or 159
impairs the ability to walk or who are elderly citizens.160

       (E) Before the day of an election, the director of the board 161
of elections of each county shall sign a statement verifying that 162
each polling place that will be used in that county at that 163
election meets the requirements of division (B)(1)(b) of this 164
section. The signed statement shall be sent to the secretary of 165
state by certified mail.166

       (F) As used in this section, "handicapped" means having lost 167
the use of one or both legs, one or both arms, or any combination 168
thereof, or being blind or so severely disabled as to be unable to 169
move about without the aid of crutches or a wheelchair"person 170
with a disability that limits or impairs the ability to walk" has 171
the same meaning as in section 4503.44 of the Revised Code.172

       Sec. 3781.111.  (A) In addition to the powers conferred by 173
any other section of the Revised Code, the board of building 174
standards shall adopt standards and rules to facilitate the 175
reasonable access and use by all persons with a disability of all 176
buildings and the facilities of buildings for which plans are 177
submitted for approval under section 3791.04 of the Revised Code. 178
No standard or rule shall be applied to any building the plans or 179
drawings, specifications, and date of which have been approved 180
prior to the time that the standard or rule takes effect.181

       (B)(1) Except as otherwise provided in this section, the 182
standards and rules adopted by the board pursuant to this section 183
shall be in accordance with the "Americans with Disabilities Act 184
of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, and the 185
"Fair Housing Amendments Act of 1988," 102 Stat. 1619, 42 U.S.C.A. 186
3601, as amended.187

       (2) For purposes of enforcement by the Ohio civil rights 188
commission only, approval of a plan as required under section 189
3791.04 of the Revised Code creates a rebuttable presumption that 190
the plans, drawings, specifications, or data submitted are in 191
compliance with the rules adopted by the board pursuant to this 192
section as they relate to accessibility.193

       (C) All signs posted to designate special parking locations 194
for persons with a disability and persons with disabilities that 195
limit or impair the ability to walk in accordance with division 196
(E) of section 4511.69 of the Revised Code and the standards and 197
rules adopted pursuant to this section shall be mounted on a fixed 198
or movable post or otherwise affixed in a vertical position so 199
that the distance from the ground to the bottom edge of the sign 200
measures not less than five feet. If a new sign or a replacement 201
sign designating a special parking location is posted on or after 202
October 14, 1999, there also shall be affixed upon the surface of 203
that sign or affixed next to the designating sign a notice that 204
states the fine applicable for the offense of parking a motor 205
vehicle in the special designated parking location if the motor 206
vehicle is not legally entitled to be parked in that location.207

       If a new sign or a replacement sign designating a special 208
parking location is posted on or after the effective date of this 209
amendment, it shall conform with this division and bear the word 210
"accessible" and any other required words or symbols but shall not 211
bear any form of the word "handicap." A sign designating a special 212
parking location that is posted on the effective date of this 213
amendment that bears any form of the word "handicap" may remain 214
posted after that date until such time as it is replaced.215

       (D) As used in this section, "disability" has the same 216
meaning as in section 4112.01 of the Revised Code. As used in 217
division (C) of this section, "persons with disabilities that 218
limit or impair the ability to walk" has the same meaning as in 219
division (A)(1) of section 4503.44 of the Revised Code.220

       (E) No owner of a building or facility where special parking 221
locations for persons with a disability must be designated in 222
accordance with the standards and rules adopted pursuant to this 223
section shall fail to properly mark the special parking locations 224
as required by those standards and rules or fail to maintain the 225
markings of the special parking locations, including the erection 226
and maintenance of the fixed or movable signs.227

       (F) The board annually shall provide statewide training on 228
the rules adopted by the board pursuant to this section as they 229
relate to accessibility for nonresidential building department 230
personnel certified by the board who approve, review plans, and 231
inspect nonresidential construction.232

       Sec. 4503.44.  (A) As used in this section and in section 233
4511.69 of the Revised Code:234

       (1) "Person with a disability that limits or impairs the 235
ability to walk" means any person who, as determined by a health 236
care provider, meets any of the following criteria:237

       (a) Cannot walk two hundred feet without stopping to rest;238

       (b) Cannot walk without the use of, or assistance from, a 239
brace, cane, crutch, another person, prosthetic device, 240
wheelchair, or other assistive device;241

       (c) Is restricted by a lung disease to such an extent that 242
the person's forced (respiratory) expiratory volume for one 243
second, when measured by spirometry, is less than one liter, or 244
the arterial oxygen tension is less than sixty millimeters of 245
mercury on room air at rest;246

       (d) Uses portable oxygen;247

       (e) Has a cardiac condition to the extent that the person's 248
functional limitations are classified in severity as class III or 249
class IV according to standards set by the American heart 250
association;251

       (f) Is severely limited in the ability to walk due to an 252
arthritic, neurological, or orthopedic condition;253

       (g) Is blind.254

       (2) "Organization" means any private organization or 255
corporation, or any governmental board, agency, department, 256
division, or office, that, as part of its business or program, 257
transports persons with disabilities that limit or impair the 258
ability to walk on a regular basis in a motor vehicle that has not 259
been altered for the purpose of providing it with special 260
equipment for use by persons with disabilities. This definition 261
does not apply to division (J) of this section.262

       (3) "Health care provider" means a physician, physician 263
assistant, advanced practice registered nurse, or chiropractor as 264
defined in this section.265

       (4) "Physician" means a person licensed to practice medicine 266
or surgery or osteopathic medicine and surgery under Chapter 4731. 267
of the Revised Code.268

       (5) "Chiropractor" means a person licensed to practice 269
chiropractic under Chapter 4734. of the Revised Code.270

       (6) "Advanced practice registered nurse" means a certified 271
nurse practitioner, clinical nurse specialist, certified 272
registered nurse anesthetist, or certified nurse-midwife who holds 273
a certificate of authority issued by the board of nursing under 274
Chapter 4723. of the Revised Code.275

       (7) "Physician assistant" means a person who holds a 276
certificate to practice as a physician assistant issued under 277
Chapter 4730. of the Revised Code.278

       (B) Any organization or person with a disability that limits 279
or impairs the ability to walk may apply to the registrar of motor 280
vehicles for a removable windshield placard or, if the person owns 281
or leases a motor vehicle, the person may apply for the 282
registration of any motor vehicle the person owns or leases. In 283
addition to one or more sets of license plates or one placard, a 284
person with a disability that limits or impairs the ability to 285
walk is entitled to one additional placard, but only if the person 286
applies separately for the additional placard, states the reasons 287
why the additional placard is needed, and the registrar, in the 288
registrar's discretion, determines that good and justifiable cause 289
exists to approve the request for the additional placard. When a 290
motor vehicle has been altered for the purpose of providing it 291
with special equipment for a person with a disability that limits 292
or impairs the ability to walk, but is owned or leased by someone 293
other than such a person, the owner or lessee may apply to the 294
registrar or a deputy registrar for registration under this 295
section. The application for registration of a motor vehicle owned 296
or leased by a person with a disability that limits or impairs the 297
ability to walk shall be accompanied by a signed statement from 298
the applicant's health care provider certifying that the applicant 299
meets at least one of the criteria contained in division (A)(1) of 300
this section and that the disability is expected to continue for 301
more than six consecutive months. The application for a removable 302
windshield placard made by a person with a disability that limits 303
or impairs the ability to walk shall be accompanied by a 304
prescription from the applicant's health care provider prescribing 305
such a placard for the applicant, provided that the applicant 306
meets at least one of the criteria contained in division (A)(1) of 307
this section. The health care provider shall state on the 308
prescription the length of time the health care provider expects 309
the applicant to have the disability that limits or impairs the 310
applicant's ability to walk. The application for a removable 311
windshield placard made by an organization shall be accompanied by 312
such documentary evidence of regular transport of persons with 313
disabilities that limit or impair the ability to walk by the 314
organization as the registrar may require by rule and shall be 315
completed in accordance with procedures that the registrar may 316
require by rule. The application for registration of a motor 317
vehicle that has been altered for the purpose of providing it with 318
special equipment for a person with a disability that limits or 319
impairs the ability to walk but is owned by someone other than 320
such a person shall be accompanied by such documentary evidence of 321
vehicle alterations as the registrar may require by rule.322

       (C) When an organization, a person with a disability that 323
limits or impairs the ability to walk, or a person who does not 324
have a disability that limits or impairs the ability to walk but 325
owns a motor vehicle that has been altered for the purpose of 326
providing it with special equipment for a person with a disability 327
that limits or impairs the ability to walk first submits an 328
application for registration of a motor vehicle under this section 329
and every fifth year thereafter, the organization or person shall 330
submit a signed statement from the applicant's health care 331
provider, a completed application, and any required documentary 332
evidence of vehicle alterations as provided in division (B) of 333
this section, and also a power of attorney from the owner of the 334
motor vehicle if the applicant leases the vehicle. Upon submission 335
of these items, the registrar or deputy registrar shall issue to 336
the applicant appropriate vehicle registration and a set of 337
license plates and validation stickers, or validation stickers 338
alone when required by section 4503.191 of the Revised Code. In 339
addition to the letters and numbers ordinarily inscribed thereon, 340
the license plates shall be imprinted with the international 341
symbol of access. The license plates and validation stickers shall 342
be issued upon payment of the regular license fee as prescribed 343
under section 4503.04 of the Revised Code and any motor vehicle 344
tax levied under Chapter 4504. of the Revised Code, and the 345
payment of a service fee equal to the amount specified in division 346
(D) or (G) of section 4503.10 of the Revised Code.347

       (D)(1) Upon receipt of a completed and signed application for 348
a removable windshield placard, a prescription as described in 349
division (B) of this section, documentary evidence of regular 350
transport of persons with disabilities that limit or impair the 351
ability to walk, if required, and payment of a service fee equal 352
to the amount specified in division (D) or (G) of section 4503.10 353
of the Revised Code, the registrar or deputy registrar shall issue 354
to the applicant a removable windshield placard, which shall bear 355
the date of expiration on both sides of the placard and shall be 356
valid until expired, revoked, or surrendered. Every removable 357
windshield placard expires as described in division (D)(2) of this 358
section, but in no case shall a removable windshield placard be 359
valid for a period of less than sixty days. Removable windshield 360
placards shall be renewable upon application as provided in 361
division (B) of this section, and a service fee equal to the 362
amount specified in division (D) or (G) of section 4503.10 of the 363
Revised Code shall be charged for the renewal of a removable 364
windshield placard. The registrar shall provide the application 365
form and shall determine the information to be included thereon. 366
The registrar also shall determine the form and size of the 367
removable windshield placard, the material of which it is to be 368
made, and any other information to be included thereon, and shall 369
adopt rules relating to the issuance, expiration, revocation, 370
surrender, and proper display of such placards. Any placard issued 371
after October 14, 1999, shall be manufactured in a manner that 372
allows the expiration date of the placard to be indicated on it 373
through the punching, drilling, boring, or creation by any other 374
means of holes in the placard.375

       (2) At the time a removable windshield placard is issued to a 376
person with a disability that limits or impairs the ability to 377
walk, the registrar or deputy registrar shall enter into the 378
records of the bureau of motor vehicles the last date on which the 379
person will have that disability, as indicated on the accompanying 380
prescription. Not less than thirty days prior to that date and all 381
removable windshield placard renewal dates, the bureau shall send 382
a renewal notice to that person at the person's last known address 383
as shown in the records of the bureau, informing the person that 384
the person's removable windshield placard will expire on the 385
indicated date not to exceed five years from the date of issuance, 386
and that the person is required to renew the placard by submitting 387
to the registrar or a deputy registrar another prescription, as 388
described in division (B) of this section, and by complying with 389
the renewal provisions prescribed in division (D)(1) of this 390
section. If such a prescription is not received by the registrar 391
or a deputy registrar by that date, the placard issued to that 392
person expires and no longer is valid, and this fact shall be 393
recorded in the records of the bureau.394

       (3) At least once every year, on a date determined by the 395
registrar, the bureau shall examine the records of the office of 396
vital statistics, located within the department of health, that 397
pertain to deceased persons, and also the bureau's records of all 398
persons who have been issued removable windshield placards and 399
temporary removable windshield placards. If the records of the 400
office of vital statistics indicate that a person to whom a 401
removable windshield placard or temporary removable windshield 402
placard has been issued is deceased, the bureau shall cancel that 403
placard, and note the cancellation in its records.404

       The office of vital statistics shall make available to the 405
bureau all information necessary to enable the bureau to comply 406
with division (D)(3) of this section.407

       (4) Nothing in this section shall be construed to require a 408
person or organization to apply for a removable windshield placard 409
or special license plates if the parking card or special license 410
plates issued to the person or organization under prior law have 411
not expired or been surrendered or revoked.412

       (E)(1)(a) Any person with a disability that limits or impairs 413
the ability to walk may apply to the registrar or a deputy 414
registrar for a temporary removable windshield placard. The 415
application for a temporary removable windshield placard shall be 416
accompanied by a prescription from the applicant's health care 417
provider prescribing such a placard for the applicant, provided 418
that the applicant meets at least one of the criteria contained in 419
division (A)(1) of this section and that the disability is 420
expected to continue for six consecutive months or less. The 421
health care provider shall state on the prescription the length of 422
time the health care provider expects the applicant to have the 423
disability that limits or impairs the applicant's ability to walk, 424
which cannot exceed six months from the date of the prescription. 425
Upon receipt of an application for a temporary removable 426
windshield placard, presentation of the prescription from the 427
applicant's health care provider, and payment of a service fee 428
equal to the amount specified in division (D) or (G) of section 429
4503.10 of the Revised Code, the registrar or deputy registrar 430
shall issue to the applicant a temporary removable windshield 431
placard.432

       (b) Any active-duty member of the armed forces of the United 433
States, including the reserve components of the armed forces and 434
the national guard, who has an illness or injury that limits or 435
impairs the ability to walk may apply to the registrar or a deputy 436
registrar for a temporary removable windshield placard. With the 437
application, the person shall present evidence of the person's 438
active-duty status and the illness or injury. Evidence of the 439
illness or injury may include a current department of defense 440
convalescent leave statement, any department of defense document 441
indicating that the person currently has an ill or injured 442
casualty status or has limited duties, or a prescription from any 443
health care provider prescribing the placard for the applicant. 444
Upon receipt of the application and the necessary evidence, the 445
registrar or deputy registrar shall issue the applicant the 446
temporary removable windshield placard without the payment of any 447
service fee.448

       (2) The temporary removable windshield placard shall be of 449
the same size and form as the removable windshield placard, shall 450
be printed in white on a red-colored background, and shall bear 451
the word "temporary" in letters of such size as the registrar 452
shall prescribe. A temporary removable windshield placard also 453
shall bear the date of expiration on the front and back of the 454
placard, and shall be valid until expired, surrendered, or 455
revoked, but in no case shall such a placard be valid for a period 456
of less than sixty days. The registrar shall provide the 457
application form and shall determine the information to be 458
included on it, provided that the registrar shall not require a 459
health care provider's prescription or certification for a person 460
applying under division (E)(1)(b) of this section. The registrar 461
also shall determine the material of which the temporary removable 462
windshield placard is to be made and any other information to be 463
included on the placard and shall adopt rules relating to the 464
issuance, expiration, surrender, revocation, and proper display of 465
those placards. Any temporary removable windshield placard issued 466
after October 14, 1999, shall be manufactured in a manner that 467
allows for the expiration date of the placard to be indicated on 468
it through the punching, drilling, boring, or creation by any 469
other means of holes in the placard.470

       (F) If an applicant for a removable windshield placard is a 471
veteran of the armed forces of the United States whose disability, 472
as defined in division (A)(1) of this section, is 473
service-connected, the registrar or deputy registrar, upon receipt 474
of the application, presentation of a signed statement from the 475
applicant's health care provider certifying the applicant's 476
disability, and presentation of such documentary evidence from the 477
department of veterans affairs that the disability of the 478
applicant meets at least one of the criteria identified in 479
division (A)(1) of this section and is service-connected as the 480
registrar may require by rule, but without the payment of any 481
service fee, shall issue the applicant a removable windshield 482
placard that is valid until expired, surrendered, or revoked.483

       (G) Upon a conviction of a violation of division (I),or (J), 484
or (K) of this section, the court shall report the conviction, and 485
send the placard or parking card, if available, to the registrar, 486
who thereupon shall revoke the privilege of using the placard or 487
parking card and send notice in writing to the placardholder or 488
cardholder at that holder's last known address as shown in the 489
records of the bureau, and the placardholder or cardholder shall 490
return the placard or card if not previously surrendered to the 491
court, to the registrar within ten days following mailing of the 492
notice.493

       Whenever a person to whom a removable windshield placard or 494
parking card has been issued moves to another state, the person 495
shall surrender the placard or card to the registrar; and whenever 496
an organization to which a placard or card has been issued changes 497
its place of operation to another state, the organization shall 498
surrender the placard or card to the registrar.499

       (H) Subject to division (F) of section 4511.69 of the Revised 500
Code, the operator of a motor vehicle displaying a removable 501
windshield placard, temporary removable windshield placard, 502
parking card, or the special license plates authorized by this 503
section is entitled to park the motor vehicle in any special 504
parking location reserved for persons with disabilities that limit 505
or impair the ability to walk, also known as handicapped506
accessible parking spaces or disability parking spaces.507

       (I) No person or organization that is not eligible under 508
division (B) or (E) of this section shall willfully and falsely 509
represent that the person or organization is so eligible.510

       No person or organization shall display license plates issued 511
under this section unless the license plates have been issued for 512
the vehicle on which they are displayed and are valid.513

       (J) No person or organization to which a removable windshield 514
placard or temporary removable windshield placard is issued shall 515
do either of the following:516

       (1) Display or permit the display of the placard on any motor 517
vehicle when having reasonable cause to believe the motor vehicle 518
is being used in connection with an activity that does not include 519
providing transportation for persons with disabilities that limit 520
or impair the ability to walk;521

       (2) Refuse to return or surrender the placard, when required.522

       (K)(1) No person or organization to which a parking card is 523
issued shall do either of the following:524

       (a) Display or permit the display of the parking card on any 525
motor vehicle when having reasonable cause to believe the motor 526
vehicle is being used in connection with an activity that does not 527
include providing transportation for a person with a disability;528

       (b) Refuse to return or surrender the parking card, when 529
required.530

       (2) As used in division (K) of this section:531

       (a) "Person with a disability" means any person who has lost 532
the use of one or both legs or one or both arms, who is blind, 533
deaf, or so severely disabled as to be unable to move about 534
without the aid of crutches or a wheelchair, or whose mobility is 535
restricted by a permanent cardiovascular, pulmonary, or other 536
disabling condition.537

       (b) "Organization" means any private organization or 538
corporation, or any governmental board, agency, department, 539
division, or office, that, as part of its business or program, 540
transports persons with disabilities on a regular basis in a motor 541
vehicle that has not been altered for the purposes of providing it 542
with special equipment for use by persons with disabilities.543

       (L) If a removable windshield placard,or temporary removable 544
windshield placard, or parking card is lost, destroyed, or 545
mutilated, the placardholder or cardholder may obtain a duplicate 546
by doing both of the following:547

       (1) Furnishing suitable proof of the loss, destruction, or 548
mutilation to the registrar;549

       (2) Paying a service fee equal to the amount specified in 550
division (D) or (G) of section 4503.10 of the Revised Code.551

       Any placardholder or cardholder who loses a placard or card552
and, after obtaining a duplicate, finds the original, immediately 553
shall surrender the original placard or card to the registrar.554

       (M)(L) The registrar shall pay all fees received under this 555
section for the issuance of removable windshield placards or 556
temporary removable windshield placards or duplicate removable 557
windshield placards or cards into the state treasury to the credit 558
of the state bureau of motor vehicles fund created in section 559
4501.25 of the Revised Code.560

       (N)(M) In addition to the fees collected under this section, 561
the registrar or deputy registrar shall ask each person applying 562
for a removable windshield placard or temporary removable 563
windshield placard or duplicate removable windshield placard or 564
license plate issued under this section, whether the person wishes 565
to make a two-dollar voluntary contribution to support 566
rehabilitation employment services. The registrar shall transmit 567
the contributions received under this division to the treasurer of 568
state for deposit into the rehabilitation employment fund, which 569
is hereby created in the state treasury. A deputy registrar shall 570
transmit the contributions received under this division to the 571
registrar in the time and manner prescribed by the registrar. The 572
contributions in the fund shall be used by the opportunities for 573
Ohioans with disabilities agency to purchase services related to 574
vocational evaluation, work adjustment, personal adjustment, job 575
placement, job coaching, and community-based assessment from 576
accredited community rehabilitation program facilities.577

       (O)(N) For purposes of enforcing this section, every peace 578
officer is deemed to be an agent of the registrar. Any peace 579
officer or any authorized employee of the bureau of motor vehicles 580
who, in the performance of duties authorized by law, becomes aware 581
of a person whose placard or parking card has been revoked 582
pursuant to this section, may confiscate that placard or parking 583
card and return it to the registrar. The registrar shall prescribe 584
any forms used by law enforcement agencies in administering this 585
section.586

       No peace officer, law enforcement agency employing a peace 587
officer, or political subdivision or governmental agency employing 588
a peace officer, and no employee of the bureau is liable in a 589
civil action for damages or loss to persons arising out of the 590
performance of any duty required or authorized by this section. As 591
used in this division, "peace officer" has the same meaning as in 592
division (B) of section 2935.01 of the Revised Code.593

       (P)(O) All applications for registration of motor vehicles, 594
removable windshield placards, and temporary removable windshield 595
placards issued under this section, all renewal notices for such 596
items, and all other publications issued by the bureau that relate 597
to this section shall set forth the criminal penalties that may be 598
imposed upon a person who violates any provision relating to 599
special license plates issued under this section, the parking of 600
vehicles displaying such license plates, and the issuance, 601
procurement, use, and display of removable windshield placards and 602
temporary removable windshield placards issued under this section.603

       (Q)(P) Whoever violates this section is guilty of a 604
misdemeanor of the fourth degree.605

       Sec. 4511.69.  (A) Every vehicle stopped or parked upon a 606
roadway where there is an adjacent curb shall be stopped or parked 607
with the right-hand wheels of the vehicle parallel with and not 608
more than twelve inches from the right-hand curb, unless it is 609
impossible to approach so close to the curb; in such case the stop 610
shall be made as close to the curb as possible and only for the 611
time necessary to discharge and receive passengers or to load or 612
unload merchandise. Local authorities by ordinance may permit 613
angle parking on any roadway under their jurisdiction, except that 614
angle parking shall not be permitted on a state route within a 615
municipal corporation unless an unoccupied roadway width of not 616
less than twenty-five feet is available for free-moving traffic.617

       (B) Local authorities by ordinance may permit parking of 618
vehicles with the left-hand wheels adjacent to and within twelve 619
inches of the left-hand curb of a one-way roadway.620

       (C)(1)(a) Except as provided in division (C)(1)(b) of this 621
section, no vehicle or trackless trolley shall be stopped or 622
parked on a road or highway with the vehicle or trackless trolley 623
facing in a direction other than the direction of travel on that 624
side of the road or highway.625

       (b) The operator of a motorcycle may back the motorcycle into 626
an angled parking space so that when the motorcycle is parked it 627
is facing in a direction other than the direction of travel on the 628
side of the road or highway.629

       (2) The operator of a motorcycle may back the motorcycle into 630
a parking space that is located on the side of, and parallel to, a 631
road or highway. The motorcycle may face any direction when so 632
parked. Not more than two motorcycles at a time shall be parked in 633
a parking space as described in division (C)(2) of this section 634
irrespective of whether or not the space is metered.635

       (D) Notwithstanding any statute or any rule, resolution, or 636
ordinance adopted by any local authority, air compressors, 637
tractors, trucks, and other equipment, while being used in the 638
construction, reconstruction, installation, repair, or removal of 639
facilities near, on, over, or under a street or highway, may stop, 640
stand, or park where necessary in order to perform such work, 641
provided a flagperson is on duty or warning signs or lights are 642
displayed as may be prescribed by the director of transportation.643

       (E) Special parking locations and privileges for persons with 644
disabilities that limit or impair the ability to walk, also known 645
as handicappedaccessible parking spaces or disability parking 646
spaces, shall be provided and designated by all political 647
subdivisions and by the state and all agencies and 648
instrumentalities thereof at all offices and facilities, where 649
parking is provided, whether owned, rented, or leased, and at all 650
publicly owned parking garages. The locations shall be designated 651
through the posting of an elevated sign, whether permanently 652
affixed or movable, imprinted with the international symbol of 653
access and shall be reasonably close to exits, entrances, 654
elevators, and ramps. All elevated signs posted in accordance with 655
this division and division (C) of section 3781.111 of the Revised 656
Code shall be mounted on a fixed or movable post, and the distance 657
from the ground to the bottom edge of the sign shall measure not 658
less than five feet. If a new sign or a replacement sign 659
designating a special parking location is posted on or after 660
October 14, 1999, there also shall be affixed upon the surface of 661
that sign or affixed next to the designating sign a notice that 662
states the fine applicable for the offense of parking a motor 663
vehicle in the special designated parking location if the motor 664
vehicle is not legally entitled to be parked in that location.665

       If a new sign or a replacement sign designating a special 666
parking location is posted on or after the effective date of this 667
amendment, it shall conform with this division and bear the word 668
"accessible" and any other required words or symbols but shall not 669
bear any form of the word "handicap." A sign designating a special 670
parking location that is posted on the effective date of this 671
amendment that bears any form of the word "handicap" may remain 672
posted after that date until such time as it is replaced.673

       (F)(1) No person shall stop, stand, or park any motor vehicle 674
at special parking locations provided under division (E) of this 675
section or at special clearly marked parking locations provided in 676
or on privately owned parking lots, parking garages, or other 677
parking areas and designated in accordance with that division, 678
unless one of the following applies:679

       (a) The motor vehicle is being operated by or for the 680
transport of a person with a disability that limits or impairs the 681
ability to walk and is displaying a valid removable windshield 682
placard or special license plates;683

       (b) The motor vehicle is being operated by or for the 684
transport of a handicapped person and is displaying a parking card 685
or special handicapped license platesissued under section 4503.44 686
of the Revised Code.687

       (2) Any motor vehicle that is parked in a special marked 688
parking location in violation of division (F)(1)(a) or (b) of this 689
section may be towed or otherwise removed from the parking 690
location by the law enforcement agency of the political 691
subdivision in which the parking location is located. A motor 692
vehicle that is so towed or removed shall not be released to its 693
owner until the owner presents proof of ownership of the motor 694
vehicle and pays all towing and storage fees normally imposed by 695
that political subdivision for towing and storing motor vehicles. 696
If the motor vehicle is a leased vehicle, it shall not be released 697
to the lessee until the lessee presents proof that that person is 698
the lessee of the motor vehicle and pays all towing and storage 699
fees normally imposed by that political subdivision for towing and 700
storing motor vehicles.701

       (3) If a person is charged with a violation of division 702
(F)(1)(a) or (b) of this section, it is an affirmative defense to 703
the charge that the person suffered an injury not more than 704
seventy-two hours prior to the time the person was issued the 705
ticket or citation and that, because of the injury, the person 706
meets at least one of the criteria contained in division (A)(1) of 707
section 4503.44 of the Revised Code.708

       (G) When a motor vehicle is being operated by or for the 709
transport of a person with a disability that limits or impairs the 710
ability to walk and is displaying a removable windshield placard 711
or a temporary removable windshield placard or special license 712
plates, or when a motor vehicle is being operated by or for the 713
transport of a handicapped person and is displaying a parking card 714
or special handicapped license plates, the motor vehicle is 715
permitted to park for a period of two hours in excess of the legal 716
parking period permitted by local authorities, except where local 717
ordinances or police rules provide otherwise or where the vehicle 718
is parked in such a manner as to be clearly a traffic hazard.719

       (H) No owner of an office, facility, or parking garage where 720
special parking locations are required to be designated in 721
accordance with division (E) of this section shall fail to 722
properly mark the special parking locations in accordance with 723
that division or fail to maintain the markings of the special 724
locations, including the erection and maintenance of the fixed or 725
movable signs.726

       (I) Nothing in this section shall be construed to require a 727
person or organization to apply for a removable windshield placard 728
or special license plates if the parking card or special license 729
plates issued to the person or organization under prior law have 730
not expired or been surrendered or revoked.731

       (J)(1) Whoever violates division (A) or (C) of this section 732
is guilty of a minor misdemeanor.733

       (2)(a) Whoever violates division (F)(1)(a) or (b) of this 734
section is guilty of a misdemeanor and shall be punished as 735
provided in divisiondivisions (J)(2)(a) and (b) of this section. 736
Except as otherwise provided in division (J)(2)(a) of this 737
section, an offender who violates division (F)(1)(a) or (b) of 738
this section shall be fined not less than two hundred fifty nor 739
more than five hundred dollars. An offender who violates division 740
(F)(1)(a) or (b) of this section shall be fined not more than one 741
hundred dollars if the offender, prior to sentencing, proves 742
either of the following to the satisfaction of the court:743

       (i) Atthat at the time of the violation of division 744
(F)(1)(a) of this section, the offender or the person for whose 745
transport the motor vehicle was being operated had been issued a 746
removable windshield placard that then was valid or special 747
license plates that then were valid but the offender or the person 748
neglected to display the placard or license plates as described in 749
division (F)(1)(a) of this section.750

       (ii) At the time of the violation of division (F)(1)(b) of 751
this section, the offender or the person for whose transport the 752
motor vehicle was being operated had been issued a parking card 753
that then was valid or special handicapped license plates that 754
then were valid but the offender or the person neglected to 755
display the card or license plates as described in division 756
(F)(1)(b) of this section.757

       (b) In no case shall an offender who violates division 758
(F)(1)(a) or (b) of this section be sentenced to any term of 759
imprisonment.760

       An arrest or conviction for a violation of division (F)(1)(a) 761
or (b) of this section does not constitute a criminal record and 762
need not be reported by the person so arrested or convicted in 763
response to any inquiries contained in any application for 764
employment, license, or other right or privilege, or made in 765
connection with the person's appearance as a witness.766

       The clerk of the court shall pay every fine collected under 767
division (J)(2) of this section to the political subdivision in 768
which the violation occurred. Except as provided in division 769
(J)(2) of this section, the political subdivision shall use the 770
fine moneys it receives under division (J)(2) of this section to 771
pay the expenses it incurs in complying with the signage and 772
notice requirements contained in division (E) of this section. The 773
political subdivision may use up to fifty per cent of each fine it 774
receives under division (J)(2) of this section to pay the costs of 775
educational, advocacy, support, and assistive technology programs 776
for persons with disabilities, and for public improvements within 777
the political subdivision that benefit or assist persons with 778
disabilities, if governmental agencies or nonprofit organizations 779
offer the programs.780

       (3) Whoever violates division (H) of this section shall be 781
punished as follows:782

       (a) Except as otherwise provided in division (J)(3) of this 783
section, the offender shall be issued a warning.784

       (b) If the offender previously has been convicted of or 785
pleaded guilty to a violation of division (H) of this section or 786
of a municipal ordinance that is substantially similar to that 787
division, the offender shall not be issued a warning but shall be 788
fined not more than twenty-five dollars for each parking location 789
that is not properly marked or whose markings are not properly 790
maintained.791

       (K) As used in this section:792

       (1) "Handicapped person" means any person who has lost the 793
use of one or both legs or one or both arms, who is blind, deaf, 794
or so severely handicapped as to be unable to move without the aid 795
of crutches or a wheelchair, or whose mobility is restricted by a 796
permanent cardiovascular, pulmonary, or other handicapping 797
condition.798

       (2) "Person with a disability that limits or impairs the 799
ability to walk" has the same meaning as in section 4503.44 of the 800
Revised Code.801

       (3)(2) "Special license plates" and "removable windshield 802
placard" mean any license plates or removable windshield placard 803
or temporary removable windshield placard issued under section 804
4503.41 or 4503.44 of the Revised Code, and also mean any 805
substantially similar license plates or removable windshield 806
placard or temporary removable windshield placard issued by a 807
state, district, country, or sovereignty.808

       Section 2. That existing sections 737.051, 737.161, 3501.29, 809
3781.111, 4503.44, and 4511.69 of the Revised Code are hereby 810
repealed.811

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