Parking Ordinance

Village of Gambier Parking Ordinance.

Passed in June, 2012

Ordinance 2012 – 06

AN ORDINANCE TO REGULATE PARKING WITHIN THE VILLAGE OF GAMBIER, OHIO AND PROVIDE PENALTY THEREFORE, AND A REPEALER

Be it Ordained by the Council of the Village of Gambier as follows:

SECTION 1: Prohibition Against Parking on Streets or Highways

Upon any streets or highway no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the street or highway if it is practicable to stop, park, or so leave such vehicle off the paved or main traveled part of said highway. In every event a clear and unobstructed portion of the street or highway opposite such standing vehicle shall be left for the free passage of other vehicles, and a clear view of such stopped vehicle shall be available from a distance of two hundred (200) feet in each direction upon such street or highway.

This section does not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a street or highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.

SECTION 2: Condition When Motor Vehicle Left Unattended

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition; effectively setting the parking brake, and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb side of the street or highway.

The requirements of this section relating to the stopping of the engine, locking of the ignition, and removing the key from the ignition of a motor vehicle shall not apply to an emergency vehicle or a public safety vehicle.

SECTION 3: Police May Remove Illegally Parked Vehicle

Whenever any police officer finds a vehicle parking upon a street or highway in violation of any section of this ordinance or section 4511.66 of the Revised Code, such officer may move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to position off the paved or improved main traveled part of such highway.

Whenever any police officer finds a vehicle unattended upon any street or highway, bridge or causeway, or any public right-of-way where such vehicle constitutes an obstruction to traffic, or a public nuisance, such officer may provide for the removal of such vehicle to the nearest garage or other place of safety. The owner of such vehicle shall be responsible for any and all costs incurred in removal and storage of said vehicle.

SECTION 4: Parking Prohibition

No person shall stand or park a trackless trolley or vehicle, except when necessary to avoid conflict with other traffic or to comply with Section 1 through 12 of this Ordinance or Sections 4511.01 to 4511.78, inclusive of the Ohio Revised Code, or while obeying the directions of a police officer or a traffic control device, in any of the following places:

A. On a sidewalk, except a bicycle;

B. In front of a public or private driveway;

C. Within an intersection;

D. Within ten (10) feet of a fire hydrant;

E. On a crosswalk;

F. Within twenty (20) feet of a crosswalk at an intersection, unless clearly marked;

G. Within thirty (30) feet of and upon the approach to any flashing beacon, stop sign, or traffic control device;

H. Between a Safety Zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a Safety Zone, unless a different length is indicated by a traffic control device;

I. Within fifty (50) feet of the nearest rail or a railroad crossing;

J. Within twenty (20) feet of a driveway entrance to any fire station, within seventy-five (75) feet of the entrance when it is properly posted with signs;

K. Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;

L. Alongside any vehicle stopped or parked at the edge or curb of a street;

M. Upon any bridge or elevated structure upon a highway, or within a highway tunnel;

N. At any place where signs prohibit stopping) standing or parking, or where the curbing or street is painted yellow, or at any place in excess of the maximum time limited by signs;

O. Within one (1) foot of another parked vehicle;

P. On the roadway portion of a highway, street, alley or roadway;

Q. In a parking space specifically designated “handicapped”. The addition of this subsection (Q) in no way alters the remaining subsections of this Ordinance.

SECTION 5: Parking on Private Property

A. No Person shall park a vehicle, or permit a vehicle registered in his or her name to be parked, on private or public property, excluding designated streets and ways set out for public travel and heretofore regulated, without the consent of, or in violation of the rules and regulations of, the owner, of such property, or his lessee or agents of the person in possession, charge or control thereof, or the governmental agency in charge or control of such property.

B. Whenever any vehicle, except a bicycle, shall be found parked in violation of the provision of this section, such vehicle may be removed and conveyed by any member of the Sheriffs Department or the office of the Village of Administrator or their agents by means of towing some or otherwise to a vehicle impound area.

C. The provisions of this section are applicable only to private and public properties on which signs are erected setting forth in a conspicuous place and manner, the prohibition against the parking of vehicle or the rules and regulations regulating the parking of vehicles.

D. Whenever any vehicle is found unattended by the owner thereof upon private or public property in violation of this section, it shall be considered prima-facie evidence that the person in whose name such vehicle is registered was the operator of such vehicle at the time of violation of this section.

SECTION 6: Parking Near Curb; Privileges for Handicapped

A. Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right-hand wheels of such vehicle parallel with and not more than twelve (12) inches from the right-hand curb, unless it is impossible to approach so close to the curb, in such case the stop shall be made as close to the curb as possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise. Angle parking shall be permitted only in such areas as are designated. Where practical to do so, the Village will cause parking areas to be marked. Where parking spaces are marked, vehicles shall be parked within such marked lines.

B. No vehicle or trackless trolley shall be stopped or parked on a road, street or highway with the vehicle or trackless trolley facing in a direction other than the direction of travel on that side of the street, road or highway.

C. Notwithstanding any statue or any rule, resolution, or ordinance adopted by this authority, air compressors, tractors, trucks and other equipment, while being used in construction, reconstruction, installation, repair or removal of facilities new, on, over, or under a street or highway, may stop, stand or park where necessary in order to perform such work, provided a flagman is on duty or warning signs or lights are displayed as may be prescribed by the director of transportation, the village administrator or the appropriate village official.

D. No person who is not handicapped or operating a motor vehicle to transport a handicapped person shall stop; stand or park any motor vehicle at special parking locations provided for the handicapped under this section or at special, clearly marked parking locations provided for the handicapped in or on privately owned parking lots, parking garages, or other parking areas, unless the motor vehicle is displaying a parking card issued under Section 7 of this Ordinance or Section 4503.44 of the Ohio Revised Code or is being operated by or for the transport of a handicapped person and is displaying the special license plates authorized by that section.

1. When a motor vehicle bearing the special handicapped license plate or displaying a parking card provided for in Section 7 of this Ordinance or Section 4503.44 of the Ohio Revised Code and is being operated by or for the transport of a handicapped person, the motor vehicle shall be permitted to park for a period of two (2) hours in excess of the legal parking time period permitted, except where local ordinance or police regulations provide otherwise or where the vehicle is parked in such a manner as to be clearly a traffic hazard,

2. As used in Section 4511.69 of the Ohio Revised Code, “handicapped” means having lost the use of one or both legs, one or both arms, or any combination thereof, or being blind or deaf or so severely disabled as to be unable to move without the aid of crutches or a wheelchair.

E. No person who is not handicapped or operating a motor vehicle to transport a handicapped person shall stop, stand or park any motor vehicle in parking spaces marked for handicapped use only. The handicapped spaces are marked by a handicapped sign in front of the parking space and painted with blue parking lines. The handicapped parking spaces in the Village are as follows:

1. The first parking spaces South of the loading zone in front of the Village market on Gaskin Avenue.

2. The first parking space North of Scott Lane on Gaskin Avenue in front of the Kenyon Bookstore.

3. The first parking space South of Scott Lane on Gaskin Avenue in front of 102 Gaskin Avenue.

4. The first parking space South of the circle driveway on McBride Residence on Gaskin avenue.

5. The first parking space East of Acland Street in front of the Epworth Church on Wiggin Street.

SECTION 7: Handicapped Parking Card (Local)

Persons may request a Temporary Handicapped Parking Permit to use in designated parking areas within the Village of Gambier, Ohio. Persons shall submit a written request for such permit stating name, age and address of the person requiring the permit, the reason for such need and the period oftime for the need. i.e., John Doe, age 63, 123 City St., Gambier, Ohio 43022, heart surgery, January 3, 2002 to March 1, 2002.

All requests must be documented with a statement from the person’s physician. Permits will be issued for a maximum of 180 days. Permits may be renewed or extended upon re-certification of the above information,

SECTION 8: Parking Over Ten (10) Continuous Hours

No vehicle shall be parked on any street, alley, roadway or highway for more than ten (10) continuous hours unless such person is the resident occupant of the adjacent property and such property has no off street parking facilities, and such vehicle has been registered with the Village Administrator’s Office. Such exception shall be limited to one (1) vehicle per residence or living unit. The Village shall issue a Parking Permit for these residents. The cost for the Parking permit shall be $5.00.

SECTION 9: Restricted Parking Areas

A. Wiggin Street (North Side) from Wiggin Street School Property line to 203 Wiggin Street shall be 10 minute parking between 3 and 4 p.m. Monday through Friday on school days. Proper signage is in place marking this zone.

B. No person shall stand or park a vehicle for a period to exceed one (1) hour per day in the following areas:

1. Gaskin Ave. from Scott Lane north to Brooklyn St.

2. Chase Ave. from Scott Lane north to Brooklyn St.

C. No person shall stand or park a vehicle for a period day to exceed two (2) hours per day in the following areas:

1. Gaskin Ave. from Wiggin St. north to Scott Lane.

2. East side of Gaskin Ave. from Brooklyn St. to the North cross over of Center Path (Milnor Lane).

3. Chase Ave. from Wiggin St. north to Scott Lane.

4. East Brooklyn St. (South Side) from Gaskin Ave. to Acland St.

5. East Wiggin St. (North and South sides) from Gaskin Ave. to Acland St.

D. No person shall stand or park a vehicle between the hours of 7:00 AM and 4:00 PM on any day the Public School System is in session in the following areas:

1. North side of Wiggin St. from the West line of the school property to Chester Ln.

2. South side of Wiggin St. from Duff St. to Meadow Lane.

E. No person shall stand or park a vehicle between the hours of 1 AM and 6 AM in the following areas:

1. Gaskin Ave. from Scott Lane to Brooklyn St.

2. Chase Ave. from Scott Lane to Brooklyn St.

F. No person shall stand or park a vehicle between the hours of 8:00 AM and 4 PM in the following areas:

1. East side of Gaskin Ave. from the intersection of East Brooklyn St. south seventy-six (76) feet. (unloading zone)

2. South side of East Brooklyn St. from the intersection of Gaskin Ave. east fifty-five (55) feet.

G. Back in Angle Parking is hereby created on the South side of Wiggin Street, to the East of Acland Street, and West of Duff Street.

1. There shall be no time limitation for parking in the area designated Back in Angle parking.

2. In the event the owner of the vacant lot abutting the parking area set forth in Section 9G desires to construct a horne on the lot, Gambier Village Council shall, upon the written request of the property owner, abolish subsection ( G) of Section 9.

H. No person shall stand or park a motor vehicle at any time in the following areas:

1. Ward St. (West side) from Wiggin St. to Kokosing Dr.

2. Ward St. (East side) from West Brooklyn St. to Kokosing Dr.

3. Chase Ave. (West side) from West Brooklyn St. to North Corporation Limit.

4. Chase Ave. (East side) from West Brooklyn St. to North Corporation Limit.

5. Gaskin Ave. (West side) from East Brooklyn St. to North Corporation Limit.

6. Gaskin Ave. (East side) from North Center Path crossover to North Corp. Limit.

7. DuffSt. (West side) from Wiggin St. south to Route 229.

8. Duff St. (East side) from Wiggin 8t. south to Route 229.

9. South Acland St. (West side) from Wiggin St. south to Duff St.

10. South Acland St. (East side) from # 1 07 Acland st. south to Duff St.

11. Wiggin St. (North side) from Chase Ave. west to Route 229.

12. Wiggin St. (South side) from Ward St. west to Route 229.

13. Scott Lane (North side) from Ward St. east to Wiggin St.

14. Scott Lane (South side) from Ward St. east to Wiggin St.

15. West Brooklyn St. (North side) from two hundred (200) feet west of Ward St. west to Route 308, Wiggin St.

16. West Brooklyn St. (South side) from Ward St. west to Route 308.

17. West Brooklyn St. (South side) from Chase Ave. west to Ward St.

18. East Brooklyn St. (North side) from Acland St. to Gaskin Ave.

19. North Acland St. (West side) from East Brooklyn St. north and west to Gaskin Ave.

20. North Acland St. (East side) from East Brooklyn St. north and west to Gaskin Ave.

21. East Woodside Dr. (West and South sides) from Wiggin St. north and west to Chase Ave.

22. East Woodside Dr. (East and North sides from Wiggin St. north and west to Chase Ave.)

23. Allen Dr. (West side).

24. Allen Dr. (East side).

25. Route 229 (North side) within the Village limits.

26. Route 229 (South side) within the Village limits.

27. Meadow Lane, both sides, the entire length thereof.

28. Wiggin St. (South side) at intersection of Duff St. 69 feet East.

I. No owner or operator of any vehicle shall park such vehicle or permit such vehicle to remain parked between the hours of 11 PM through 7 AM , on any part of the public streets and ways indicated below hereof after a snow fall of two inches or more has occurred. Such parking shall be permitted if otherwise lawful, after snow accumulation upon such street has been removed or such street has been otherwise cleared of snow by the Village.

Streets to be designated as Emergency Snow Removal Streets in the Village of Gambier are here by designated as follows:

1. Both sides and the entire length of Wiggin Street.

2. Both sides and the entire length of Brooklyn Street.

3. Both sides and the entire length of Gaskin Ave.

4. Both sides and the entire length of Chase Ave.

5. Any and all spaces that would be considered “on street” parking.

J.. No person without a permit shall stand or park a vehicle in the angle parking spaces on West Brooklyn Street between Chase Ave. and Ward St.. These parking spaces are Parking by Permit Only Spaces and require a permit, to be displayed at all times while parked in these spaces. Permits are issued by the Village of Gambier. The cost for a parking permit shall be $5.00.

Vehicles parked in the Permit Parking Only Spaces not displaying a Village issued Permit will be cited and shall be subject to the vehicle being impounded.

These parking spaces will be posted with signs designating them as Parking by Permit Only.

EXCEPTION: This section does not apply to Business or Commercial vehicles while loading or unloading merchandise or equipment, unless so restricted by any other section of this Ordinance or other regulations.

SECTION 10: Proof of Ownership

In any hearing on a charge of illegally parking a motor vehicle, testimony that a vehicle bearing a certain license plate was found unlawfully parked as prohibited by the provisions of this ordinance, and further testimony that the record of the Registrar or Deputy-Registrar of Motor Vehicles for the State of Ohio shows the license plate was issued to the defendant, shall be prima facie evidence that the vehicle which was unlawfully parked, was so parked by the defendant. A certified copy showing such fact from the Registrar or Deputy Registrar shall be proof of such ownership.

SECTION 11: Penalty

A. Whoever violates any provision of this section and receives a parking ticket therefore may,

1. If this is the first citation for the violation of this section issued for a particular day, and if such person appears in the Village Office within twenty-four (24) hours of the citation being attached to his or her vehicle, a sum of twenty dollars ($20.00) for violations of Section 9A, 9B,9C of this Ordinance. If such violator appears at the Village Office more than twenty-four (24) hours after receiving the citation, a sum of thirty dollars ($30.00) for violations of Section 9A, 9B and 9C is required.

2. If such person appears in the Village Office within twenty-four (24) hours of the citation being attached to his or her vehicle, a sum of twenty to thirty dollars ($20.00 to $30.00) for violations of Section 1,2, 4A-P, 5, 6A, 6B, 6C, 9D, 9E, 9F, 9H and 91 of this Ordinance. If such violator appears at the Village Office more than twenty-four (24) hours after receiving the citation, a sum of thirty to forty dollars  ($30.00 to $40.00) for violations of Section 1,2, 4A-P, 5, 6A, 6B, 6C, 9D, 9E, 9F, 9H and 91 of this Ordinance is required, in full satisfaction of the citation.

3. A sum of one-hundred dollars ($100.00) for violations of Section 4Q, 6D and 6E of this Ordinance, in full satisfaction of the citation.

4. A sum of one-hundred dollars ($100.00) for violations of Section 9J of this Ordinance, in full satisfaction of the citation.

B. Whoever violates any provision of this Ordinance and receives a citation therefore, may, if this is the second or more citation issued on a particular day and if he or she appears at the Village Office within twenty-four (24) hours of the violation, pay to the Village Official in charge

1. For violations of Section 9A, 9B, and 9C of this Ordinance, twenty-five dollars ($25.00). If such violator appears at the Village Office more than forty-eight (48) hours after receiving the citation, he or she may pay to the Village Official a sum of thirty dollars ($30.00).

C. Impoundment or Immobilization for non-payment

1. Whoever violates any provisions of this section and has received a parking ticket or citation for the violation and such fee for the violation has not been paid to the Village of Gambier, this vehicle may be towed or immobilized until all outstanding parking ticket violations and fees are paid in full and for the applicable immobilization or impoundment fee. Payment must be in cash, money order or certified check. Personal checks ‘Will not be accepted when drawn on out of county banks.

2. The Village shall use Howard Street Towing Service for towing or the impoundment of vehicles. The towing and/or impounding fee shall be the regular fee charged by that agency for services performed in the Village area The costs of towing and vehicle storage shall be the responsibility of the owner and shall be paid prior to release of the vehicle.

3. An immobilization fee of fifty dollars ($50.00) must be paid in addition to all other fines & or fees as described in Section 11 hereof, prior to obtaining the official release of said vehicle.

4. Any immobilizing device that may be used is the property of the Village of Gambier and any damage to said device shall make -the offender liable for the destruction of Municipal property. Removing this device or moving the immobilized vehicle by any means or in any manner before an official release is obtained constitutes a separate and additional offense and shall subject the offender to criminal penalties.

5. The government of the Village of Gambier assumes no liability for loss or damage to the vehicle or its contents while so immobilized.

6. Upon satisfaction of all parking and associated fine &/or fees, a designated employee of the Village may remove the immobilization device or notify the impounding agency of the vehicle’s release as soon as practicable.

D. If such violator fails to appear at the Village of Gambier Office within twenty-four (24) hours of the violation, he or she shall be subject to a summons to appear in court and to the penalties hereinafter provided.

SECTION 12: Repealer

Simultaneously with the passage of this Ordinance, all previous Ordinances and Amendments to the Parking Ordinance are herby repealed.

SECTION 13: Passage and Approval

Upon passage and approval, this Ordinance shall take effect and be in force from and after the earliest period allowed by law.

PASSED THIS 4th DAY OF JUNE, 2012

 

Parking Violations and Immobilization Policy

A parking violation is issued during the week.

Parking Violations are as follows:

1 or 2 Hour Zone

Within 24 Hours: $20.00
After 24 Hours:  $30.00

1 or 2 Hour, Second

Within 24 Hours: $25.00
After 24 Hours:  $30.00

10 or 24 Hour Zone

Within 24 Hour: $20.00
After 24 Hours: $30.00

Restricted Zone

Within 24 Hours: $30.00
After 24 Hours:  $40.00

Parking on Crosswalk

Within 24 Hours: $20.00
After 24 Hours:  $30.00

Parking on Roadway

Within 24 Hours: $30.00
After 24 Hours:   $40.00

Parking Over Marked Lines

Within 24 Hours: $20.00
After 24 Hours:  $30.00

Parking Within 10′ of Fire Hydrant

Within 24 Hours: $30.00
After 24 Hours:  $40.00

Parking Headed in Wrong Direction

Within 24 Hours: $30.00
After 24 Hours:  $40.00

Parking in Handicapped Zone

Within 24 Hours: $100.00
After 24 Hours:  $100.00

Parking in Permitted Zone

Within 24 Hours: $100.00
After 24 Hours:  $100.00

If the Parking Violations are not paid by the Wednesday of the following week, the vehicle will be placed on the boot list. A new updated boot list will be printed every Thursday.

Boot Fee: $50.00

Once the boot is placed on a vehicle, the owners have until the following day to pay all violations plus the boot fee. If payment is made the boot will be removed immediately.

If the fees are not paid the following day, the Village will call to have the vehicle towed to Howard Street. Once Howard Street Towing Service is on the scene the vehicle will be towed at the owners expense.

Once the vehicle has been towed all parking violations plus the boot fee will need to be paid to the Village of Gambier. The Village will issue a receipt for payment and the owner of the vehicle will take it to Howard Street Towing Service.

Howard Street Towing Service will not release the vehicle unless the owner provides proof of payment to the Village.

Howard Street Towing fees are as follows:

$50.00 for non 4X4 vehicles plus $3.00 per mile and tax.
$60.00 for 4X4 vehicles plus $3.00 per mile and tax.
$15.00 per day storage fee for vehicle.