Bill Text: OH HB39 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To require the removal of snow or ice from special parking locations designated for persons with disabilities and to name the act "The Thomas P. Ashbrock Memorial Act."

Spectrum: Partisan Bill (Democrat 23-1)

Status: (Engrossed - Dead) 2010-03-17 - To Highways & Transportation [HB39 Detail]

Download: Ohio-2009-HB39-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 39

Representative Fende 

Cosponsors: Representatives Hagan, Pillich, Yuko, Brown, Skindell, Boyd, Winburn, Harris, Letson, Celeste, Chandler, DeBose, Domenick, Driehaus, Foley, Harwood, Heard, Koziura, Reece, Stewart, Ujvagi, Weddington, Williams, B. 

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A BILL

To amend sections 3781.111, 3781.99, and 4511.69 of

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the Revised Code to require the removal of snow or

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ice from special parking locations designated for

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persons with disabilities and to name the act

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"The Thomas P. Ashbrock Memorial Act."

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

Section 1. That sections 3781.111, 3781.99, and 4511.69 of	6
the Revised Code be amended to read as follows:	7

Sec. 3781.111.  (A) In addition to the powers conferred by	8
any other section of the Revised Code, the board of building	9
standards shall adopt standards and rules to facilitate the	10
reasonable access and use by all persons with a disability of all	11
buildings and the facilities of buildings for which plans are	12
submitted for approval under section 3791.04 of the Revised Code.	13
No standard or rule shall be applied to any building the plans or	14
drawings, specifications, and date of which have been approved	15
prior to the time that the standard or rule takes effect.	16

(B)(1) Except as otherwise provided in this section, the	17
standards and rules adopted by the board pursuant to this section	18
shall be in accordance with the "Americans with Disabilities Act	19
of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, and the	20
"Fair Housing Amendments Act of 1988," 102 Stat. 1619, 42 U.S.C.A.	21
3601, as amended.	22

(2) For purposes of enforcement by the Ohio civil rights	23
commission only, approval of a plan as required under section	24
3791.04 of the Revised Code creates a rebuttable presumption that	25
the plans, drawings, specifications, or data submitted are in	26
compliance with the rules adopted by the board pursuant to this	27
section as they relate to accessibility.	28

(C) All signs posted to designate special parking locations	29
for persons with a disability and persons with disabilities that	30
limit or impair the ability to walk in accordance with division	31
(E) of section 4511.69 of the Revised Code and the standards and	32
rules adopted pursuant to this section shall be mounted on a fixed	33
or movable post or otherwise affixed in a vertical position at a	34
height so that the sign is clearly visible to the driver of a	35
vehicle when parked in such a location. If a new sign or a	36
replacement sign designating a special parking location is posted	37
on or after October 14, 1999, there also shall be affixed upon the	38
surface of that sign or affixed next to the designating sign a	39
notice that states the fine applicable for the offense of parking	40
a motor vehicle in the special designated parking location if the	41
motor vehicle is not legally entitled to be parked in that	42
location.	43

(D) As used in this section, "disability" has the same	44
meaning as in section 4112.01 of the Revised Code. As used in	45
division (C) of this section, "persons with disabilities that	46
limit or impair the ability to walk" has the same meaning as in	47
division (A)(1) of section 4503.44 of the Revised Code.	48

(E) No owner of a building or facility where special parking	49
locations for persons with a disability must be designated in	50
accordance with the standards and rules adopted pursuant to this	51
section shall fail to properlydo either of the following:	52

(1) Properly mark the special parking locations as required	53
by those standards and rules or fail to maintain the markings of	54
the special parking locations, including the erection and	55
maintenance of the fixed or movable signs;	56

(2) Remove snow or ice that obstructs access to the special	57
parking locations if snow or ice has been removed from nonspecial	58
parking locations that are located in the same parking area as the	59
special parking locations.	60

(F) The board annually shall provide statewide training on	61
the rules adopted by the board pursuant to this section as they	62
relate to accessibility for nonresidential building department	63
personnel certified by the board who approve, review plans, and	64
inspect nonresidential construction.	65

Sec. 3781.99.  (A) Whoever violates division (E)(1) of	66
section 3781.111 of the Revised Code shall be issued a warning for	67
a first offense. On each subsequent offense, the person shall be	68
fined twenty-five dollars for each parking location that is not	69
properly marked or whose markings are not properly maintained.	70

(B) Whoever violates division (E)(2) of section 3781.111 of	71
the Revised Code shall be fined not less than two hundred fifty	72
nor more than five hundred dollars.	73

(C) Whoever violates this chapter or any rule adopted or	74
order issued pursuant to it that relates to the construction,	75
alteration, or repair of any building, and the violation is not	76
detrimental to the health, safety, or welfare of any person shall	77
be fined not more than one hundred dollars.	78

(C)(D) Whoever violates this chapter or any rule adopted or	79
order issued pursuant to it that relates to the construction,	80
alteration, or repair of any building, and the violation is	81
detrimental to the health, safety, or welfare of any person, is	82
guilty of a minor misdemeanor.	83

Sec. 4511.69.  (A) Every vehicle stopped or parked upon a	84
roadway where there is an adjacent curb shall be stopped or parked	85
with the right-hand wheels of the vehicle parallel with and not	86
more than twelve inches from the right-hand curb, unless it is	87
impossible to approach so close to the curb; in such case the stop	88
shall be made as close to the curb as possible and only for the	89
time necessary to discharge and receive passengers or to load or	90
unload merchandise. Local authorities by ordinance may permit	91
angle parking on any roadway under their jurisdiction, except that	92
angle parking shall not be permitted on a state route within a	93
municipal corporation unless an unoccupied roadway width of not	94
less than twenty-five feet is available for free-moving traffic.	95

(B) Local authorities by ordinance may permit parking of	96
vehicles with the left-hand wheels adjacent to and within twelve	97
inches of the left-hand curb of a one-way roadway.	98

(C) No vehicle or trackless trolley shall be stopped or	99
parked on a road or highway with the vehicle or trackless trolley	100
facing in a direction other than the direction of travel on that	101
side of the road or highway.	102

(D) Notwithstanding any statute or any rule, resolution, or	103
ordinance adopted by any local authority, air compressors,	104
tractors, trucks, and other equipment, while being used in the	105
construction, reconstruction, installation, repair, or removal of	106
facilities near, on, over, or under a street or highway, may stop,	107
stand, or park where necessary in order to perform such work,	108
provided a flagperson is on duty or warning signs or lights are	109
displayed as may be prescribed by the director of transportation.	110

(E) Special parking locations and privileges for persons with	111
disabilities that limit or impair the ability to walk, also known	112
as handicapped parking spaces or disability parking spaces, shall	113
be provided and designated by all political subdivisions and by	114
the state and all agencies and instrumentalities thereof at all	115
offices and facilities, where parking is provided, whether owned,	116
rented, or leased, and at all publicly owned parking garages. The	117
locations shall be designated through the posting of an elevated	118
sign, whether permanently affixed or movable, imprinted with the	119
international symbol of access and shall be reasonably close to	120
exits, entrances, elevators, and ramps. All elevated signs posted	121
in accordance with this division and division (C) of section	122
3781.111 of the Revised Code shall be mounted on a fixed or	123
movable post, and the distance from the ground to the top edge of	124
the sign shall measure five feet. If a new sign or a replacement	125
sign designating a special parking location is posted on or after	126
October 14, 1999, there also shall be affixed upon the surface of	127
that sign or affixed next to the designating sign a notice that	128
states the fine applicable for the offense of parking a motor	129
vehicle in the special designated parking location if the motor	130
vehicle is not legally entitled to be parked in that location.	131

(F)(1) No person shall stop, stand, or park any motor vehicle	132
at special parking locations provided under division (E) of this	133
section or at special clearly marked parking locations provided in	134
or on privately owned parking lots, parking garages, or other	135
parking areas and designated in accordance with that division,	136
unless one of the following applies:	137

(a) The motor vehicle is being operated by or for the	138
transport of a person with a disability that limits or impairs the	139
ability to walk and is displaying a valid removable windshield	140
placard or special license plates;	141

(b) The motor vehicle is being operated by or for the	142
transport of a handicapped person and is displaying a parking card	143
or special handicapped license plates.	144

(2) Any motor vehicle that is parked in a special marked	145
parking location in violation of division (F)(1)(a) or (b) of this	146
section may be towed or otherwise removed from the parking	147
location by the law enforcement agency of the political	148
subdivision in which the parking location is located. A motor	149
vehicle that is so towed or removed shall not be released to its	150
owner until the owner presents proof of ownership of the motor	151
vehicle and pays all towing and storage fees normally imposed by	152
that political subdivision for towing and storing motor vehicles.	153
If the motor vehicle is a leased vehicle, it shall not be released	154
to the lessee until the lessee presents proof that that person is	155
the lessee of the motor vehicle and pays all towing and storage	156
fees normally imposed by that political subdivision for towing and	157
storing motor vehicles.	158

(3) If a person is charged with a violation of division	159
(F)(1)(a) or (b) of this section, it is an affirmative defense to	160
the charge that the person suffered an injury not more than	161
seventy-two hours prior to the time the person was issued the	162
ticket or citation and that, because of the injury, the person	163
meets at least one of the criteria contained in division (A)(1) of	164
section 4503.44 of the Revised Code.	165

(G) When a motor vehicle is being operated by or for the	166
transport of a person with a disability that limits or impairs the	167
ability to walk and is displaying a removable windshield placard	168
or a temporary removable windshield placard or special license	169
plates, or when a motor vehicle is being operated by or for the	170
transport of a handicapped person and is displaying a parking card	171
or special handicapped license plates, the motor vehicle is	172
permitted to park for a period of two hours in excess of the legal	173
parking period permitted by local authorities, except where local	174
ordinances or police rules provide otherwise or where the vehicle	175
is parked in such a manner as to be clearly a traffic hazard.	176

(H)(1) No owner of an office, facility, or parking garage	177
where special parking locations are required to be designated in	178
accordance with division (E) of this section shall fail to	179
properlydo either of the following:	180

(a) Properly mark the special parking locations in accordance	181
with that division or fail to maintain the markings of the special	182
locations, including the erection and maintenance of the fixed or	183
movable signs;	184

(b) Remove snow or ice that obstructs access to the special	185
parking locations if snow or ice has been removed from nonspecial	186
parking locations that are located in the same parking area as the	187
special parking locations.	188

(2) No political subdivision of the state shall fail to	189
remove snow or ice that obstructs access to a special parking	190
location if snow or ice has been removed from a public road on	191
which the special parking location is located and if the political	192
subdivision has jurisdiction over the public road and the special	193
parking location.	194

(I) Nothing in this section shall be construed to require a	195
person or organization to apply for a removable windshield placard	196
or special license plates if the parking card or special license	197
plates issued to the person or organization under prior law have	198
not expired or been surrendered or revoked.	199

(J)(1) Whoever violates division (A) or (C) of this section	200
is guilty of a minor misdemeanor.	201

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	202
section is guilty of a misdemeanor and shall be punished as	203
provided in division (J)(2)(a) and (b) of this section. Except as	204
otherwise provided in division (J)(2)(a) of this section, an	205
offender who violates division (F)(1)(a) or (b) of this section	206
shall be fined not less than two hundred fifty nor more than five	207
hundred dollars. An offender who violates division (F)(1)(a) or	208
(b) of this section shall be fined not more than one hundred	209
dollars if the offender, prior to sentencing, proves either of the	210
following to the satisfaction of the court:	211

(i) At the time of the violation of division (F)(1)(a) of	212
this section, the offender or the person for whose transport the	213
motor vehicle was being operated had been issued a removable	214
windshield placard that then was valid or special license plates	215
that then were valid but the offender or the person neglected to	216
display the placard or license plates as described in division	217
(F)(1)(a) of this section.	218

(ii) At the time of the violation of division (F)(1)(b) of	219
this section, the offender or the person for whose transport the	220
motor vehicle was being operated had been issued a parking card	221
that then was valid or special handicapped license plates that	222
then were valid but the offender or the person neglected to	223
display the card or license plates as described in division	224
(F)(1)(b) of this section.	225

(b) In no case shall an offender who violates division	226
(F)(1)(a) or (b) of this section be sentenced to any term of	227
imprisonment.	228

An arrest or conviction for a violation of division (F)(1)(a)	229
or (b) of this section does not constitute a criminal record and	230
need not be reported by the person so arrested or convicted in	231
response to any inquiries contained in any application for	232
employment, license, or other right or privilege, or made in	233
connection with the person's appearance as a witness.	234

The clerk of the court shall pay every fine collected under	235
division (J)(2) of this section to the political subdivision in	236
which the violation occurred. Except as provided in division	237
(J)(2) of this section, the political subdivision shall use the	238
fine moneys it receives under division (J)(2) of this section to	239
pay the expenses it incurs in complying with the signage and	240
notice requirements contained in division (E) of this section. The	241
political subdivision may use up to fifty per cent of each fine it	242
receives under division (J)(2) of this section to pay the costs of	243
educational, advocacy, support, and assistive technology programs	244
for persons with disabilities, and for public improvements within	245
the political subdivision that benefit or assist persons with	246
disabilities, if governmental agencies or nonprofit organizations	247
offer the programs.	248

(3) Whoever violates division (H)(1)(a) of this section shall	249
be punished as follows:	250

(a) Except as otherwise provided in division (J)(3) of this	251
section, the offender shall be issued a warning.	252

(b) If the offender previously has been convicted of or	253
pleaded guilty to a violation of division (H)(1)(a) of this	254
section or of a municipal ordinance that is substantially similar	255
to that division, the offender shall not be issued a warning but	256
shall be fined not more than twenty-five dollars for each parking	257
location that is not properly marked or whose markings are not	258
properly maintained.	259

(4) Whoever violates division (H)(1)(b) of this section shall	260
be fined not less than two hundred fifty nor more than five	261
hundred dollars.	262

(K) As used in this section:

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(1) "Handicapped person" means any person who has lost the	264
use of one or both legs or one or both arms, who is blind, deaf,	265
or so severely handicapped as to be unable to move without the aid	266
of crutches or a wheelchair, or whose mobility is restricted by a	267
permanent cardiovascular, pulmonary, or other handicapping	268
condition.	269

(2) "Person with a disability that limits or impairs the	270
ability to walk" has the same meaning as in section 4503.44 of the	271
Revised Code.	272

(3) "Special license plates" and "removable windshield	273
placard" mean any license plates or removable windshield placard	274
or temporary removable windshield placard issued under section	275
4503.41 or 4503.44 of the Revised Code, and also mean any	276
substantially similar license plates or removable windshield	277
placard or temporary removable windshield placard issued by a	278
state, district, country, or sovereignty.	279

Section 2. That existing sections 3781.111, 3781.99, and	280
4511.69 of the Revised Code are hereby repealed.	281

Section 3. This act shall be known as "The Thomas P. Ashbrock	282
Memorial Act."	283