PART FOUR TRAFFIC CODE Title VII Parking

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1 PART FOUR TRAFFIC CODE Title VII Parking Chapter 451 Parking Generally CROSS REFERENCES Complete to June 30, 2010 See sectional histories for similar State law. Parking waste collection vehicles restricted, CO Parking commercial vehicles in residential districts, CO Downtown area parking, CO Parking near stopped fire apparatus, CO Lights on parked or stopped vehicles, CO Restrictions on driving and parking in parks, CO Airport parking areas, CO et seq. Abandoned vehicles prohibited at airports, CO Placing handbills' on vehicles, CO Officer May Remove Ignition Key A law enforcement officer may remove the ignition key left in the ignition switch of an unlocked and unattended motor vehicle parked on a street or highway, or any public or private property used by the public for purposes of vehicular travel or parking. The officer removing such key shall place notification upon the vehicle detailing his name and badge number, the place where such key may be reclaimed and the procedure for reclaiming such key. The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership. /hc/(rc ; Ord. No Passed , eff ) Prima-Facie Evidence of Unlawful Parking In any hearing of the Municipal Court on a charge of unlawful stopping, standing or parking of a motor vehicle, testimony that a vehicle bearing a certain license was found to be unlawfully stopping, standing or parking in violation of any of the provisions of the Traffic Code, and further testimony that the records of the Ohio Registrar or the Deputy Registrar of Motor Vehicles show that such license plate was issued to the defendant shall be prima-facie evidence that the vehicle which was so stopping, standing or parking was operated by the defendant at the time of the violation. A certified copy showing such fact of registration from the Registrar or Deputy Registrar or a computer printout from the Law Enforcement Automated Data System shall be proof of such ownership. (Ord. No Passed , eff )

2 Statutory Prohibited Standing or Parking Places No person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or to comply with the provisions of this Traffic 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 or within 2 1/2 feet (30 inches); (c) Within an intersection; (d) Within ten feet of a fire hydrant; (e) On a crosswalk; (f) Within twenty feet of a crosswalk at an intersection or within twenty feet of a crosswalk located within the block where a school is located during regular school hours; (g) Within thirty 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 feet of points on the curb immediately opposite the end of a safety zone, unless a different length is indicated by a traffic control device; (i) Within fifty feet of the nearest rail of a railroad crossing; (j) Within twenty feet of a driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within seventy-five 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 other elevated structure upon a street, or within a street tunnel; (n) At any place where signs prohibit stopping, standing or parking, or at any place in excess of the maximum time limited by signs; (o) Within one foot of another parked vehicle; (p) On the roadway portion of a freeway, expressway, thruway or controlled-access highway. (RC ; Ord. No Passed , eff ) Manner of Parallel Parking (a) Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the curb side wheels of such vehicle parallel with and not more than twelve inches from the curb, unless it is impossible to approach so close to the curb; in such case the stop shall be as close to the curb as possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise. (b) This section does not apply to streets or parts thereof where angle parking is lawfully permitted. However, no angle parking shall be permitted on a State Route unless an unoccupied roadway width of not less than twenty-five feet is available for free-moving traffic.

3 (c) No vehicle shall be stopped or parked on a road or street with the vehicle facing in a direction other than the direction of travel on that side of the road or street. (d) Notwithstanding any provision of this Code or any rule, air compressors, tractors, trucks and other equipment, while being used in the construction, reconstruction, installation, repair or removal of facilities near, on, over or under a street, 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 Ohio Director of Transportation. (RC ; Ord. No Passed , eff ) Physically Handicapped Parking (a) (1) As used in this section, "handicapped person" means any person who has lost the use of one or both legs, or one or both arms, who is blind, deaf or so severely handicapped as to be unable to move about without the aid of crutches or a wheelchair, or whose mobility is restricted by a permanent cardiovascular, pulmonary or other handicapping condition. (RC ) (2) "Special license plates" and "removable windshield placard" mean any license plates or removable windshield placard or temporary removable windshield placard issued under RC or RC , and also mean any substantially similar license plates or removable windshield placard or temporary removable windshield placard issued by a state, district, country or sovereignty. (RC ) (b) When a motor vehicle is being operated by or for the transport of a person with a disability that limits or impairs the ability to walk and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, or when a motor vehicle is being operated by or for the transport of a handicapped person and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, the motor vehicle shall be permitted to park for a period of two hours in excess of the legal parking period permitted by ordinances or regulations, except where such ordinances or regulations specifically provided otherwise or where the vehicle is parked in such manner as to be clearly a traffic hazard. (c) Special off-street parking locations and privileges for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall be provided and designated by the City and all agencies and instrumentalities thereof at all offices and facilities, where off-street parking is provided, whether owned, rented or leased, and at all publicly owned parking garages. The locations shall be designated through the posting of an elevated sign, whether permanently affixed or movable, imprinted with the international symbol of access and shall be mounted at a distance from the ground to the top edge of the sign of five feet. Such locations shall be reasonably close to exits, entrances, elevators and ramps. (d) Special reserved on-street parking locations and privileges for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall be provided upon full compliance with the following requirements: (1) An investigation determining need for proposed reserved on-street parking for the handicapped must be performed through the Division of Traffic Engineering, including verification that the proposed on-street parking location meets the requirements of this section. The Commissioner of Traffic Engineering must approve the on-street parking for practicality and feasibility of traffic operations. Upon completion of the investigation and the approval of the Commissioner of Traffic Engineering, the Director of Public Safety may designate reserved on-street parking for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, in accordance with the requirements of Section

4 (2) When applying for an on-street parking space for the exclusive use by persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, the following information shall be supplied by the applicant to the City and shall be used as criteria for determining the appropriate location for a handicapped parking space: A. The nature and use of adjacent buildings; B. The number of on-street parking spaces requested, with the maximum requested spaces not to exceed three (3) adjacent or contiguous spaces; C. Any other information which the Director of Public Safety or Commissioner of Traffic Engineering may require. (3) Reserved on-street parking spaces for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall not be provided at any location where off-street parking locations and privileges for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, are available in close proximity to the proposed on-street parking location. (4) Reserved on-street parking spaces for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall be located as close as practicable to educational institutions, government buildings, hospitals, medical centers, cultural institutions and recreational facilities. (5) Reserved on-street parking spaces shall not be provided at any location where parking is prohibited by ordinance. (6) Reserved on-street parking for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, in residential areas may be provided upon satisfying the requirements found in divisions (d)(1), (2), (3) and (5) of this section. (e) Any handicapped person as defined in division (a) of this section or any property owner may request that a parking space be designated as reserved for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces. Approval of the property owner adjacent to the proposed parking space must be obtained prior to the handicap designation. All requests for designations shall be submitted to the Commissioner of Traffic Engineering. Following the designation of a parking space as reserved for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, by the Director of Public Safety, the Division of Traffic Engineering shall install a sign or signs indicating that an on-street parking space is reserved for the exclusive use of handicapped persons. (f) When a motor vehicle is being operated by or for the transport of a person with a disability that limits or impairs the ability to walk and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, or when a motor vehicle is being operated by or for the transport of a handicapped person and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, the motor vehicle shall be permitted to park in any reserved on-street parking space for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, for a period of two hours in excess of the legal parking period permitted in adjacent parking spaces by ordinances or regulations, except where such ordinance or regulation specifically provides otherwise or where the vehicle is parked in such a manner as to be clearly a traffic hazard. (g) The Chief of Police or his designee, in his discretion, may limit or temporarily suspend any of the parking privileges specified in this section to cover emergencies or special events and may impose any other restriction deemed necessary in the interest of traffic safety and control.

5 (h) No person shall stop, stand or park any motor vehicle at special parking locations provided for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, under this section or at special, clearly marked, parking locations provided for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, in or on privately owned parking lots, parking garages or other parking areas, unless the motor vehicle is being operated by or for the transport of a person with a disability that limits or impairs the ability to walk and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates, or when a motor vehicle is being operated by or for the transport of a handicapped person and is displaying a removable windshield placard or a temporary removable windshield placard or special license plates. (Ord. No Passed , eff ) Manner of Angle Parking Upon streets where angle parking is permitted, no person shall stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway as is indicated by appropriate signs or markings and entirely within the limits of a space designated by marked lines. (Ord. No Passed , eff ) Unattended Vehicle: Duty to Stop Engine, Remove Key, Set Brake and Turn Wheels 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 or side of the 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. (RC ; Ord. No Passed , eff ) Opening Vehicle Door on Traffic Side No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. (RC (C); Ord. No Passed , eff ) Narrow Roadways and Alleys (a) No person shall stop, stand or park any vehicle upon a street, other than an alley, in such manner or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to traffic control devices or signals of a police officer. (b) No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic. (c) No person shall stand or park a vehicle on a roadway having less than twenty feet in width. (Ord. No Passed , eff )

6 Hydrant Side of Street No person shall stand or park a vehicle upon the side of the street on which fire hydrants are placed, unless the roadway exceeds thirty feet in width, when signs are erected giving notice thereof. (Ord. No Passed , eff ) Hazardous Traffic Obstructions No person shall stand or park a vehicle within fifty feet of any hazardous or congested place, when such standing, stopping or parking would create or increase such hazard. (Ord. No Passed , eff ) Hospital Grounds No person shall stand or park a vehicle upon any driveway within the Metropolitan General Hospital grounds. (Ord. No Passed , eff ) City Property No person shall stand or park a vehicle upon any property owned by the City if a sign erected on such property gives notice that such standing or parking is prohibited. In addition, no person shall stand or park a vehicle upon any property owned by the City, even absent any such sign, for more than seventy-two hours. (Ord. No Passed , eff ) Distance from Theaters No person shall stand or park a vehicle in front of any theater or in front of or within ten feet of any theater exit when such theater is open for business, when signs are erected giving notice thereof. (Ord. No Passed , eff ) Advertising, Displaying for Sale, Washing or Repairing No person shall stand or park a vehicle upon any roadway for the principal purpose of: (a) Advertising. (b) Displaying such vehicle or any article for sale. (c) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency. (Ord. No Passed , eff ) Fire Lanes on Public and Private Property (a) At the request of the Fire Chief, the Director of Public Safety by regulation adopted in the manner provided in Section shall designate as fire lanes such streets or parts of streets upon which the standing or parking of vehicles constitutes a hazard or obstruction to the operation of the fire fighting equipment of the City in case of fire. When so designated and upon the erection of signs giving notice thereof, no person, other than members of the safety forces of the City engaged in the performance of duty at a fire, shall stand or park a vehicle within a fire lane. (b) The Fire Chief shall designate fire lanes on private property open to public use subject to approval of the property owners involved. Signs, approved as to type and location by the Fire Chief, shall be erected at the prorata expense of such property owners. No person shall stand or park a vehicle within a posted fire lane on private property except in an emergency. (c) No person shall stand or park a vehicle in any private driveway, alleyway or areaway between buildings, when in the opinion of the Fire Chief, such parking constitutes a fire hazard or an obstruction to or interference with operation of the

7 fire fighting equipment of the City and is so posted. (Ord. No Passed , eff ) Street Cleaning The Director of Public Service shall erect signs upon such streets or parts of streets as the Director designates when such streets or parts of streets are about to be cleaned of dirt, rubbish or snow by the Division of Streets. When signs have been posted, no person shall park a vehicle during the time such street or part of street is so posted prohibiting parking thereon. (Ord. No Passed , eff ) Snow Emergency (a) Whenever, during any period of twenty-four hours or less, snow falls in the City or in a section thereof to a depth of two inches or more, an emergency is declared to exist in that such a heavy snow storm constitutes a serious public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection and other vital facilities of the City. The emergency shall continue until an announcement by the Director of Public Safety that snow plowing operations have been completed, which announcement shall be made in the same manner as outlined in subsection (b) hereof. (b) Whenever such an emergency exists the Director shall request the cooperation of the local press and radio and television stations to announce the emergency and the time that emergency parking regulations will become effective, which time shall be no sooner than one hour after the first announcement. Such announcement by two local radio stations or two local television stations or in a daily newspaper of general circulation published in the City shall constitute notice to the general public of the existence of the emergency. However, the owners and operators of motor vehicles shall have full responsibility to determine existing weather conditions and to comply with the emergency parking regulations. (c) During the period of the emergency, the Director may prohibit the parking of any vehicles upon any or all of the City streets designated as a through street or highway by Section , or as a snow emergency street in the regulations adopted pursuant to the authority of section During the emergency, no person shall park, or cause or permit to be parked or permit to remain parked, or abandon or leave unattended, any vehicle of any kind or description upon such specified streets. However, vehicles may be parked for a period of not longer than three minutes for actual loading or unloading of passengers or thirty minutes for actual loading or unloading of property if no other ordinance restricting parking as to place or time is violated thereby. (d) Any motor vehicle parked in violation of this prohibition may be impounded in accordance with the provisions of Chapter 405 at the cost and expense of the owner thereof. If the Director of Public Safety authorizes additional emergency equipment to be used, the fees to be charged for towing and storage by such authorized agents shall conform to the fees assessed by the City for the same service. (Ord. No Passed , eff ) Bus Stops and Taxicab Stands (a) The driver of any bus, other than a charter bus, or taxicab shall not stand upon any street in any business district at any place other than a bus stop or taxicab stand, respectively, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers or for the purpose of picking up or delivering a message or package. (b) No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers,

8 when such stopping does not interfere with any bus or taxicab waiting to enter such stop or stand, and when stopping or parking is not prohibited therein. (Ord. No Passed , eff ) Motor Carriers No motor carrier or commercial car carrier with a vehicle net weight not exceeding 6,000 pounds, its agents or employees shall park any motor vehicle used in the business of such motor carrier or commercial car carrier on any street in the City, except not exceeding three minutes while actually discharging or taking on passengers or not exceeding ten minutes while engaged in receiving or discharging goods, wares or merchandise (Ord. No. 952-A-86. Passed , eff ) Truck Zones (a) No person shall stop, stand or park any vehicle other than a commercial car in any place marked as a truck zone during the hours when such zone is reserved for loading purposes. (b) No person shall stop, stand or park a commercial car for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a truck zone during the hours when the provisions applicable to truck zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty minutes. (c) No person shall stop, stand or park any vehicle for any purpose or length of time other than for the expeditious unloading of materials or pickup and loading of materials in any place where there is a physically recessed area from the street provided for the purpose of such unloading and delivery or pickup and loading of materials, and which area has been posted for loading and unloading. In no case shall the stop for loading and unloading exceed thirty minutes. (d) Notwithstanding any provision of this Code to the contrary, building service vehicles, while being used for building service business, may stop, stand or park in any place marked as a truck zone during hours when the provisions applicable to truck zones are in effect or in any place where there is a physically recessed area from the street specifically posted for unloading and delivery or pickup and loading of materials, for a maximum period of two hours. As used in this section "building service" refers to entities that are servicing a building and its systems, such as plumbing, electrical, heating, air conditioning, telecommunications systems, kitchen equipment, or other similar building components. (Ord. No Passed , eff ) Trucks and Commercial Vehicles (a) No person shall stand or park a truck with a net weight over 7,000 pounds, commercial tractor, trailer or semitrailer in a roadway at any time except for the minimum period required in the usual course of business for making delivery of or loading merchandise for delivery. (b) No person shall stand or park a truck, commercial tractor or other commercial unit in any public roadway, street or highway at any time in front of or alongside of property used for residential purposes except in case of a breakdown or for delivery or loading and unloading purposes. Commercial vehicles as herein set forth, which are left standing or parked in violation of this section, shall be subject to be impounded upon the complaint of any person or duly constituted law enforcement authority. (Ord. No Passed , eff ) Between Sidewalk and Setback Line No person shall stand or park a vehicle between the sidewalk and setback line in a residential area except upon a driveway. (Ord. No Passed , eff )

9 Tree Lawn and Private Driveway (a) No person shall stand or park a vehicle in the area between the sidewalk and roadway or, where no sidewalk exists, in the area between the right-of-way line and roadway, except on any section of private driveway within such areas. (b) No person shall stand or park a vehicle on any section of private driveway in the area between the sidewalk and roadway or, where no sidewalk exists, in the area between the right-of-way line and roadway. (c) Notwithstanding divisions (a) and (b) of this section, parking may be permitted in such areas at such specified locations as may be recommended by the Commissioner of Traffic Engineering and approved by the City Planning Commission, which will not unduly interfere with travel or constitute a detriment to the character of the neighborhood. (d) No permit shall be issued until the members of Council of the wards affected have been given written notice by the Commissioner of Traffic Engineering and until the expiration of thirty (30) days from the date of such notice, unless such period of thirty (30) days is expressly waived by such Council members in writing. (e) When so approved, such permit shall be issued by the Director of Public Service upon the payment to the Director of the cost of hard surfacing the area to be so used and of the appropriate marking thereof for parking purposes. Any permit shall be subject to revocation if such area is not maintained in a condition satisfactory to the Director, unduly interferes with the normal movement of traffic upon such street or otherwise constitutes a nuisance. (Ord. No Passed , eff ) Private Driveway or Private Property (a) If the owner or person in lawful possession of private residential, commercial or business property posts on the property in a conspicuous manner, a prohibition against standing or parking a motor vehicle on the property, other than temporarily for the purpose of and while actually engaged in loading or unloading, no person shall do either of the following: (1) Stand or park a motor vehicle on or upon the property without the consent of the owner or person in lawful possession of such property; (2) Stand or park a motor vehicle on the property in violation of any condition or regulation posted by the owner or person in lawful possession of such property. (b) Any motor vehicle parked in violation of this section may be impounded upon complaint of any person adversely affected in accordance with the provisions of Chapter 405 at the cost and expense of the motor vehicle's owner. (RC ; Ord. No Passed , eff ) Parking Vehicles on Vacant Lots Prohibited (a) No person who is the owner of a vacant lot shall knowingly allow a vehicle to be parked or left upon any vacant lot within the City unless the lot is a licensed parking lot under Chapter 457 of Codified Ordinances or the lot is an approved off-street parking facility pursuant to the Zoning Code of the City and the lot is clearly marked by a sign identifying the owner, the approved private use, and the parking lot license number, if it is a licensed parking lot. (b) No person shall stand or park a vehicle upon any vacant lot within the City unless the lot is a licensed parking lot under Chapter 457 of Codified Ordinances or the lot is an approved off-street parking facility pursuant to the Zoning Code of the City and the lot is clearly marked by a sign identifying the owner and the approved private use. (c) For purposes of this section, a vacant lot shall be defined as a parcel that does not contain any permanent lawful occupied structure.

10 (d) Cleveland City Council has determined that a vehicle parked on a vacant lot constitutes a nuisance which must be abated. For this reason, any vehicle parked or left upon a vacant lot in violation of this section shall be subject to be impounded as provided in Chapter 405. (e) Any person who violates division (a) of this section is guilty of a minor misdemeanor for the first offense and is guilty of misdemeanor of the third degree for a second and any subsequent offense. In addition to any other method of enforcement provided for in this section, any violation of the provisions of this section that is a minor misdemeanor may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. (f) This section shall not be construed or interpreted in any manner that would hinder or limit the ability of the City to enforce section (e) of the Codified Ordinances as it relates to motor vehicles. (Ord. No Passed , eff ) Abandoned Vehicles No person shall stand or park a vehicle upon any street, alley or public grounds within the City for a period in excess of seventy-two hours. Any vehicle so parked shall be deemed abandoned and shall be subject to be impounded as provided in Chapter 405. (Ord. No Passed , eff ) Prohibition Against Abandonment of Junk Motor Vehicle (a) No person shall willfully leave an abandoned junk motor vehicle as defined in RC on private property for more than seventy-two hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the rightof-way of any road or highway, for forty-eight hours or longer without notification to the chief of police of the reasons for leaving the motor vehicle in such place. For purposes of this section, the fact that a motor vehicle has been so left without permission or notification is prima-facie evidence of abandonment. (b) Notwithstanding Sections and , whoever violates this Section shall be fined not less than three hundred dollars no portion of such fine to be suspended, and shall also be assessed any costs incurred by the city in removing and disposing of such abandoned junk motor vehicle, less any money accruing to the city from such disposal. (Ord. No Passed , eff ) Vehicles on Service Station Property As a supplement to and not in contravention of the provisions of Sections and of the Codified Ordinances, no person who is the operator of a service station or any employee of such person shall permit any vehicle not owned by such person or employee to stand out of doors on such property for more than twenty-four hours, except that in the case of a junked vehicle, no person shall permit such vehicle to stand on any property for more than seventy-two hours without the person who owns or is entitled to possession of such premises or the employee of such person having filed a complaint in writing with a law enforcement officer as authorized by RC (Ord. No Passed , eff ) Notice to Cover or Remove Junk Motor Vehicles (a) For the purposes of this section, "junk motor vehicle" means any motor vehicle meeting the requirements of division (B), (C), (D), and (E) of RC that is left uncovered in the open on private property for more than seventy-two hours with the permission of the person having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under authority of RC to , or regulated under authority of the City of Cleveland; or if the property on which the motor vehicle is left is not subject to licensure or

11 regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation; or if the motor vehicle is a collector's vehicle as defined in RC (b) The Chief of Police may send notice, by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property. (c) No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima facie evidence of a willful failure to comply with the notice, and each subsequent period of thirty days that a junk motor vehicle continues to be so left constitutes a separate offense. (RC ) (d) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense, such person is guilty of a misdemeanor of the third degree. (RC (E); Ord. No A-86. Passed , eff ) Abandonment Established by Notice (a) The Chief of Police may send notice by certified mail, return receipt requested, to the owner of private property, and unless the property is unoccupied, to the person having the right to possession of the private property, if different, on which a motor vehicle meeting the requirements of divisions (B), (C), (D), and (E) of RC is left. Each notice sent pursuant to this division shall describe the motor vehicle by make, if known, and manufacturer's serial number, if known, and shall state that the motor vehicle shall be deemed to be on the property without permission unless the owner or person having the right to possession of the property notifies the Chief of Police to the contrary within ten (10) days of receipt of notice. Each notice sent to a private property owner shall be addressed to the owner as shown in the records of the county recorder for Cuyahoga County and sent to the tax mailing address on file with the county treasurer for Cuyahoga County, except that if the county treasurer has no tax mailing address on file, the notice shall be sent to the tax mailing address listed on the last recorded deed for the property. Each notice sent to the person having the right to possession of the private property, if different from the owner, shall use the address of the private property on which the motor vehicle is left. If all applicable notices are sent and are claimed and the owner or person having the right to possession of the property fails to notify the Chief of Police within ten (10) days of receipt of notice that the motor vehicle is on the property with permission, it shall be deemed to meet the requirement of abandonment on private property described in division (A) of RC (b) In the event that a given notice sent pursuant to division (a) of this section is returned to the sender unclaimed, the Chief of Police may send the notice by regular U.S. mail to the same person that failed to claim the certified mail notice, using the same address described in division (a) of this section. If each person that failed to claim a notice sent pursuant to division (a) of this section is sent the notice by regular U.S. mail and such notice is not returned by the postal authorities with an endorsement showing failure of delivery, and if the owner or person having the right to possession of the property fails to notify the Chief of Police within ten (10) days of the sending of notice that the motor vehicle is on the property with permission, then the motor vehicle shall be deemed to meet the requirement of abandonment on private property described in division (A) of RC (Ord. No A-86. Passed , eff ) Reserved Street Parking for United States Marshal No person shall stop, stand or park any vehicle in any place marked as reserved for the United States Marshal. The reserved parking places for the United States Marshal are as follows:

12 South side of Rockwell Avenue between East 3rd Street and Public Square. West side of East 3rd Street between Rockwell Avenue and Superior Avenue. (Ord. No Passed , eff ) Reserved Street Parking for United States Postal Service No person shall stop, stand or park any vehicle in any place marked as reserved for the United States Postal Service between the hours of 9:30 a.m. and 1:00 p.m. Such reserved parking places are located as follows: (a) The southeast corner of West 9th Street at Frankfort Avenue; (b) The southeast corner of West 9th Street at Johnson Court; (c) The east side of West 6th Street between Frankfort Avenue and Superior Avenue; (d) The west side of West 6th Street between Lakeside Avenue and Johnson Court; (e) The northeast corner of West 3rd Street at Superior Avenue; (f) The southwest corner of Ontario Street at Lakeside Avenue; (g) The southeast corner of St. Clair Avenue and West 2nd Street; (h) The south side of Euclid Avenue between East 14th Street and East 18th Street; (i) The southwest corner of East Mall Drive at St. Clair Avenue; (j) The southeast corner of St. C1air Avenue at East 18th Street; (k) The south side of Huron Road between East 4th Street and East 9th Street; (l) The northwest corner of Sumner Court at East 14th Street; (m) The northwest corner of East 6th Street at Rockwell Avenue; and (n) The southwest corner of East 17th Street at Payne Avenue. (Ord. No Passed , eff ) Reserved Street Parking for City Vehicles No person shall stop, stand or park any vehicle except for vehicles owned by the City of Cleveland in the following places marked as reserved for City of Cleveland vehicles: The west side of East 6th Street extending from St. Clair Avenue north, a distance of two hundred ninety-eight (298) feet. This section shall be effective for a period of one (1) year after its passage. (Ord. No Passed , eff ) Reserved Street Parking for City Police Vehicles No person shall stop, stand, or park any vehicle except for vehicles owned by the City of Cleveland, Division of Police, in the following places marked as reserved for City of Cleveland Police Vehicles: The west side of Ontario Street extending from St. Clair Avenue north to Lakeside Avenue.

13 The north side of St. Clair Avenue extending from Ontario Street west, a distance of 249 feet. (Ord. No. 71-A-87. Passed , eff ) Establishment of Zones for Valet Parking, Limousine, Day Care and Passenger Drop off/pick up, and Hotel Check In/Check Out; Violations; Fees (a) The Director of Public Service is authorized to establish valet zones on public streets to be reserved for persons leaving vehicles with a valet parking attendant. (b) On receipt of an application for a permit to establish a valet zone, and payment of a fee of one hundred dollars ($100.00), the Commissioner of Assessments and Licenses shall transmit the application to the Director of Public Service to determine if the area in question complies with the requirements of this section. The Director of Public Service shall, within sixty (60) days of receipt of the application, notify the Commissioner of Assessments and Licenses whether the area complies with this section. On notification of compliance, the Commissioner of Assessments and Licenses shall issue the permit on a form promulgated by the Commissioner for that purpose. (c) The Director of Public Service is also authorized to establish limousine zones for limousines and other vehicles momentarily dropping off or picking up passengers and day care zones on public streets reserved for motorists standing or parking vehicles for the purpose of dropping off or picking up children enrolled at day care centers. (d) The Director of Public Service is also authorized to establish hotel check in/check out zones on public streets for motorists standing or parking vehicles for the purpose of checking in or checking out of a hotel. (e) Prior to the establishment of any zone, the Commissioner of Traffic Engineering shall conduct a study and report the findings to the Director of Public Service together with recommendations as to the need for and the advisability of creating the zone. The investigation shall consider all relevant traffic engineering considerations, including without limitation the specific considerations identified in this division. Following the investigation, the zone shall not be established if the Director of Public Service determines that any of the following are true: (1) Establishing proposed zone would create or contribute to a traffic flow or traffic congestion problem. (2) The proposed zone is in an area already experiencing traffic congestion, and there are adequate off-street areas for standing or parking vehicles, and the proposed zone cannot be implemented without resolving, accommodating or decreasing said traffic congestion. (3) The proposed zone is presently a restricted parking area, unless the investigation of the Commissioner of Traffic Engineering reveals that it is desirable to lift or change the restriction. (f) The establishment of a zone under this section shall be effective ten (10) days after publication of a notice in the City Record and on the posting of signs sufficient in number and location to apprise the ordinarily observant person of the existence of the zone, and shall have the force and effect of law until rescinded by the Director of Public Service or until disapproved by ordinance of Council. (g) The use of any zone established under this section shall be suspended on any street of the City which has been closed under any lawful authority, including without limitation street closings made under Section , or of these Codified Ordinances. (h) Each zone established under this section shall be for public use and not reserved for any particular business establishment or any particular private user, except that the Director of Public Service may designate that any zone created under this section be restricted to motorists standing or parking vehicles for the purpose of dropping off or picking

14 up children enrolled at a given day care center or centers or for the purpose of checking in or checking out of a hotel. If a zone is so restricted, the signs required by division (f) of this Section shall apprise motorists of the restriction. (i) No person shall stand or park a vehicle in a zone established for valet parking or passenger drop off/pick up for a period in excess of ten (10) minutes, nor shall any person stand or park a vehicle in any such zone except for the purpose of leaving the vehicle in the possession of a valet parking attendant then on duty, or while actually dropping off or picking up passengers. In the case of zones established in front of business establishments with the capacity to seat more than eight hundred (800) individuals, no person shall stand or park a vehicle in a zone established for valet parking or passenger drop off/pick up for a period in excess of thirty (30) minutes, nor shall any person stand or park a vehicle in any such zone except for the purpose of leaving the vehicle in the possession of a valet parking attendant then on duty, or while actually dropping off or picking up passengers. In the case of zones established for day care drop off/pick up, no person shall stand or park a vehicle in the zone in excess of fifteen (15) minutes, nor shall any person stand or park a vehicle in any zone except for the purpose of dropping off or picking up a child or children enrolled in a day care center. (j) No person shall stand or park a vehicle in a zone established for checking in or checking out of a hotel for a period in excess of thirty (30) minutes, nor shall any person stand or park a vehicle in any such zone except for the purpose of checking in or checking out of a hotel. (k) No person standing or parking a vehicle in a zone established under this section shall fail to pull the vehicle curbside, right wheels to the curb, nor shall any person stop or park a vehicle alongside any vehicle stopped or parked curbside in such a zone, commonly referred to as "double parking." (l) In valet parking zones, a valet attendant shall remove the vehicle from the city streets as soon as practicable, and under no condition shall the vehicle remain on the street for a period of time in excess of ten (10) minutes. (m) In zones established for checking in or checking out of a hotel, parking within such zone shall be permitted twentyfour (24) hours a day, seven (7) days a week. (n) The Director of Public Service shall have the authority to promulgate rules and regulations to implement the provisions of this section. (Ord. No Passed , eff )

15 PART FOUR TRAFFIC CODE Title VII Parking Chapter 453 Street Parking Meters CROSS REFERENCES Complete to June 30, 2010 Parking meter defined, CO General parking regulations, CO Ch 451 Registered owner prima-facie liable for unlawful parking, CO Municipal parking facilities, CO Ch Parking Regulations in Parking Meter Zones (a) No person shall park a vehicle in a space adjacent to a street parking meter unless the curb side wheels of such a vehicle are parallel with and not more than twelve inches from the curb. The front and rear extremities of the vehicle shall be between adjacent meter posts or not more than three feet from the post of an end meter. Whenever a vehicle is parked in a street parking meter zone where a meter has been installed, the person parking such vehicle shall deposit in such parking meter a coin of United States money of the denomination designated on the plates attached to such parking meter, if such meter displays the signal showing that legal parking is only permitted on such deposit. (b) The coins required in parking meter zones shall be as follows: (1) In the Downtown Parking Area, as defined in Section , but excluding Institutional Areas, as defined herein, $.25 per twenty (20)-minute period. (2) In Institutional Areas, $.50 per hour or any portion thereof. For purposes of this section, an Institutional Area means the area adjacent to any hospital or educational institution in the City. (3) In all other areas of the City, $.25 per hour or any portion thereof. (c) Notice to the public shall be given by appropriate signs, setting forth the length of time for which parking is permitted and the conditions thereof. These may be upon the parking meter stand or in the immediate vicinity. Any vehicle which remains in a metered parking zone after the prescribed time for parking is hereby determined to be illegally parked. At each place where street metered parking zones are so established as provided in Section and are so marked off, each vehicle shall be parked entirely within a metered parking zone space. The provisions of this section shall not apply to vehicles parking upon the street of the City between the hours of 6:00 p.m. In the evening until 7:00 a.m. the following morning and upon Saturdays, Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, unless a different rule or regulation is otherwise set forth in this Traffic Code, and shall not apply to any parking meter space in the downtown parking area, as defined in Section , on the day after Thanksgiving ( Black Friday ) and December 26th. (Ord. No Passed , eff )

16 Parking Violations (a) No person shall park, cause, allow or permit to be parked any vehicle owned or operated by such person in any parking meter space, without depositing the coin designated in the preceding section in the slot provided in such parking meter, and if a hand operated parking meter is installed, without turning the lever on the parking meter as far as it will go. (b) No person shall cause, allow or permit any vehicle registered in his name to be parked overtime or beyond a lawful period of time prescribed by or in accordance with the provisions of this chapter. (c) No person shall deposit or cause to be deposited in a parking meter any coin for the purpose of increasing or extending the parking time of any vehicle beyond legal parking time established by this chapter. (d) No person shall cause, allow or permit any vehicle owned or operated by such person to be parked across any line designating a metered parking zone space. Any vehicle parked in contravention of these provisions shall be deemed to be illegally parked under the provisions of this chapter. The fact that a vehicle is in a metered parking zone space when the time signal on the parking meter for the same shows no parking permitted, unless a deposit of a coin is made, as provided in this chapter, shall be deemed prima-facie evidence of the unlawful parking of such vehicle by its owner. (Ord. No Passed , eff ) Collection of Coins The City Treasurer shall have charge of the collection of the coins deposited in street parking meters. (Ord. No Passed , eff ) Application of Funds Collected The coins required to be deposited under the provisions of Section are hereby levied as a regulation and inspection fee to cover the cost of inspection, installation, operation, control and use of street metered parking zones and parking meters. (Ord. No Passed , eff )

17 PART FOUR TRAFFIC CODE Title VII Parking Chapter 455 Municipal Parking Facilities CROSS REFERENCES Complete to June 30, 2010 Off-street parking facilities, RC et seq. Municipal parking facility defined, CO Parking attendants to report unclaimed vehicles, CO Parking meter regulations, CO Ch 453 Public garages and parking lots, CO Ch Designation of Parking Spaces; Use of Meters or Gates (a) The Commissioner of Parking Facilities is hereby authorized and directed to establish and mark off individual parking spaces in such portions of a Municipal off-street parking facility which are, in his opinion, necessary for the proper parking of motor vehicles within such Municipal parking facility. The Commissioner of Traffic Engineering has like authority with regard to street parking facilities. (b) The Commissioner of Parking Facilities may install and maintain individual parking meters adjacent to each parking space, or he may install and maintain automatically operated gates at the exits or entrances of off-street parking facilities and parking booths for the issuance of tickets, as are in the best interests of the City. The Commissioner of Parking Facilities also has authority to install and maintain parking meters on City streets. (Ord. No Passed , eff ) Regulations by Commissioner of Traffic Engineering and Parking and Commissioner of Parking Facilities (a) The Commissioner of Traffic Engineering and Parking, with respect to roadways on City property, and the Commissioner of Parking Facilities, with respect to off-street parking facilities, are hereby authorized to adopt regulations for Municipal roadways on City property and off-street parking facilities, respectively, not inconsistent with the provisions of this chapter, including, but not limited to: (1) Establishing limits of speed, to be determined upon the basis of official engineering and traffic investigations. (2) Designating, laying out and identifying drives for the purpose of furnishing ingress and egress to vehicles using Municipal parking facilities. (3) Designating drives upon which vehicles shall move in only one direction. (4) Prohibiting right-hand turns or left-hand turns, or permitting only right-hand turns or left-hand turns at designated drive intersections. (5) Designating those drives upon which vehicles must stop or yield the right of way at drive intersections.

18 (6) Designating, locating and marking crosswalks, center lines, lane lines, stop lines and other markings upon the surface of the Municipal parking facility to provide for the protection and safety of the public. (7) Designating and marking those areas in which vehicles shall not stop, stand or park. (8) Designating roadways, drives or parts thereof upon which only RTA buses shall operate. (b) The regulations adopted by authority of subsections (a)(2) through (8) hereof shall become effective ten days after publication in the City Record and upon the erection of signs sufficient in number and location to apprise the ordinarily observant person of the existence of the regulation, and shall have the force and effect of ordinances until rescinded by the Commissioner or disapproved by ordinance of Council. The speed regulations adopted by the Commissioner pursuant to subsection (a)(1) hereof shall be first approved by Council and thereafter shall become effective as is provided in the foregoing paragraph. (Ord. No Passed , eff ) Police Enforcement Duty The members of the Police Division and civilian employees of the Division of Traffic Engineering and Parking and the Division of Parking Facilities shall enforce the provisions of this chapter and the regulations of the Commissioner of Traffic Engineering and Parking and the Commissioner of Parking Facilities issued pursuant to the authority of Section (Ord. No Passed , eff ) Duty to Place Signs and Mark Surfaces The Commissioner of Traffic Engineering and Parking, with respect to street parking, and the Commissioner of Parking Facilities, with respect to off-street parking, shall place and maintain signs and traffic control devices when and as required under this chapter. The Commissioners may place and maintain such additional signs and traffic control devices as they may deem necessary to regulate, guide, warn or apprise traffic consistent with this chapter. The Commissioner of Parking Facilities shall also mark the surface of the Municipal parking lot and other such off-street parking facilities by lines painted or durably marked thereon where such surface marking is necessary or proper under this chapter. (Ord. No Passed , eff ) Parking Regulations (a) Except as otherwise provided in this chapter, when any vehicle is parked in any parking space adjacent to which a parking meter is located, the person so parking such vehicle shall, upon entering such parking space, immediately deposit in the parking meter such proper coin or coins of the United States or such proper marking token or tokens or shall immediately insert in such parking meter such proper parking key or parking card as is required for such parking meter and as is designated by proper directions on the meter. When required by the directions on the meter, the person so parking the vehicle, after the deposit of the proper coin or coins, or parking token or tokens, or insertion of the proper parking key or parking card, shall also set in operation the timing mechanism on such meter in accordance with directions appearing thereon. Failure, to deposit such proper coin or coins, or parking token or tokens, or failure to insert the proper parking key or parking card, and to set the timing mechanism in operation when so required, shall constitute a violation of this section. Upon the deposit of such coins, parking tokens, or upon the insertion of the proper parking key or parking card, and the setting of the timing mechanism in operation when so required, the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed on the parking meter for the denomination of the coin or coins, or parking token or tokens deposited, or during the period of time which has been prescribed on the parking meter for the parking key or parking card inserted, provided that any person parking a vehicle in a parking space adjacent to which there is a parking meter which indicates that unused time has been left in the meter by the previous occupant of the parking space, shall not be required to deposit a coin or coins, or parking token or tokens so long as his occupancy of

19 the parking space does not exceed the indicated unused parking time. If any vehicle remains parked in any parking space beyond the parking time limit set for such parking space, and if the parking meter indicates such illegal parking, then, and in that event, such vehicle shall be considered as parking overtime and beyond the period of legal parking time, and such parking shall be deemed a violation of this section. (b) Except as otherwise provided in this chapter, when any vehicle is parked in a parking space in a Municipal parking facility in which automatically operated gates have been erected at the exits or entrances of such parking facility, the person so parking such vehicle shall, upon removing such vehicle from the Municipal parking facility, upon entering such parking facility, deposit or cause to be deposited a coin or coins of the United States or such parking token or tokens, or cause to be inserted the proper parking key or parking card as is required for such automatically operated gate and as is designated by proper directions on the gate or posted adjacent thereto. Failure to deposit such coins, or parking tokens, or to insert the proper parking key or parking card shall constitute a violation of this section. Upon the deposit of such coin or coins, or parking token or tokens or upon the insertion of the proper parking key or parking card in the automatically operated gate, the vehicle being removed from the parking facility shall be deemed to have been lawfully parked for that continuous period of parking time immediately preceding the removal of the vehicle from the Municipal parking facility. (Ord. No Passed , eff ) Parking Time Limits Parking or standing a vehicle in a parking space in a Municipal parking facility adjacent to which parking space a parking meter has been erected or in a Municipal parking facility which is equipped with automatically operated gates at the exits or entrances, shall be lawful for such length of time and for such charges and fees as may be established by the Board of Control and approved by Council as provided in Section of the Codified Ordinances. (Ord. No Passed , eff ) Reserved Parking Spaces at Willard Park Garage The Commissioner of Parking Facilities shall designate parking spaces in the Willard Park Garage to be reserved at no charge for members of Council and such members of Council staff as the President shall designate, the Clerk of Council, the Mayor and such members of his staff as the Mayor shall designate, the directors of departments, and the Chiefs of Police and Fire. When signs are posted giving notice of such reserved parking spaces, no other person shall park in such reserved parking spaces on Mondays from 8:00 a.m. to 10:00 p.m., and on other weekdays and Saturdays from 8:00 a.m. to 6:00 p.m. (Ord. No Passed , eff ) Violations It shall be unlawful and a violation of the provisions of this chapter for any person: (a) To cause, allow or permit any vehicle registered in the name of or operated by such person to be parked overtime or beyond the period of legal parking time as may be provided in Section ; (b) To permit any vehicle to remain or be placed in any parking space adjacent to any parking meter while such meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space; (c) To park any vehicle across any line or marking of a parking space or in such position that the vehicle shall not be entirely within the area designated by such lines or marking; (d) To perform any act other than the deposit of lawful coins, parking tokens, parking keys or parking cards for the purposes of securing or increasing the parking meter indication of legal parking time or for the purpose of putting into operation the automatically operated gate;

20 (e) To fail to comply with any other provisions of this chapter or with any rules or regulations duly adopted by the Commissioner of Traffic Engineering and Parking and the Commissioner of Parking Facilities, pursuant to the authority of Section (Ord. No Passed , eff ) Issuance of Parking Tokens, Parking Keys and Parking Cards The Commissioner of Parking Facilities shall issue parking tokens, parking keys and parking cards and shall collect such charges and fees as are established by the Board of Control pursuant to the provisions of Section of the Codified Ordinances. (Ord. No Passed , eff ) Collection of Coins or Tokens The Commissioner of Parking Facilities shall have charge of the collection of the coins or tokens deposited in parking meters or in automatically operated gates on Municipal parking facilities. (Ord. No Passed , eff ) Application of Funds Collected The coins deposited in parking meters or automatically operated gates and the fees and charges collected for the issuance of parking tokens, parking keys or parking cards in Municipal off-street parking facilities are required and shall be used to defray the expense of proper regulation of parking and traffic upon Municipal off-street parking facilities in the City; to provide the cost of supervision, regulation and control of the parking of vehicles in Municipal off-street parking facilities; the payment of the interest on and the retirement at maturity of bonds issued for the purchase of land, the improvement thereof and the equipping of such premises for off-street parking operation; and to cover the cost of purchase, supervision, protection, inspection, installation, operation, maintenance, control and use of parking meters, automatically operated gates on Municipal off-street parking facilities; all of which serve to regulate traffic and reduce the congestion caused by vehicles upon the streets of the City. Separate accounts shall be maintained for each Municipal off-street parking facility so as to show the financial results of City ownership and operation, including all assets, liabilities, revenues and expenses, the cost of all improvements, expense of maintenance and the amount set aside for interest and debt retirement. (Ord. No Passed , eff )

21 PART FOUR TRAFFIC CODE Title VII Parking Chapter 457 Public Garages and Parking Lots CROSS REFERENCES Complete to June 30, 2010 Off-street parking facilities, RC et seq. Parking attendants to report unclaimed vehicles, CO Municipal parking facilities, CO Ch License Required No person, firm or corporation shall engage in the business of storing motor vehicles for hire in a building or a lot within the City unless and until licensed in accordance with the provisions of this chapter. As used in this chapter, the terms "parking place," "public garage" and "parking lot" reference the business activity defined in Section hereof. (Ord. No A-90. Passed , eff ) License Application Every applicant for a license to operate a public garage or parking lot shall make application in writing to the Commissioner of Assessments and Licenses, which application shall set forth the following information: (a) The name and address of the applicant, and if a partnership, the names and addresses of all partners, and if a corporation, the name, date and state under which incorporated, and the names and addresses of the officers and the statutory agent. (b) An accurately scaled and dimensioned site plan and elevation drawing(s) showing the configuration of entrances, exits, aisles and spaces; identifying the right-of-way, curbs and sidewalks, signage, landscaping, curbing, wheel stops, and screening materials; and indicating the dimensions of all such elements. (c) The hours during which motor vehicles may be stored and the hours during which the premises will be served by an attendant. (d) Such other information as the Commissioner deems pertinent or necessary to carry into effect the provisions of this chapter. (Ord. No Passed , eff ) License Issuance; Renewal (a) Public Garages. On receipt of an application for a license to operate a public garage, and payment of the fee required by division (g) of this section, the Commissioner of Assessments and Licenses shall issue the license on a form promulgated by the Commissioner for that purpose. No license shall be issued except to an applicant for a property which is in compliance with the terms of this chapter and is also in compliance with division (a) of Section , Section , and Section of the Codified Ordinances, as applicable to the subject property. (b) Parking Lots. On receipt of an application for a license to operate a parking lot, the Commissioner of Assessments and Licenses shall transmit the application to the Director of the City Planning Commission to determine whether the facility in question complies with the substantive provisions of the chapter. The Director of the City Planning Commission shall,

22 within sixty (60) days of receipt of the application, notify the Commissioner of Assessments and Licenses whether the facility in question complies with all of the substantive provisions of this chapter. On notification of compliance, the Commissioner of Assessments and Licenses shall issue the license on a form promulgated by the Commissioner for that purpose. No license shall be issued except to an applicant for property which is in compliance with the terms of this chapter and is also in compliance with division (a) of Section , Section , and Section of the Codified Ordinances, as applicable to the subject property. (c) Issuance and Renewal. All licenses issued under this section shall be issued for a period of one (1) year commencing November 1. Licenses may be renewed if an application for renewal containing the information listed in Section is submitted to the Commissioner of Assessments and Licenses not less than ninety (90) days before termination of the previous license or registration. Applications for license renewal or for the licensing of a registered parking lot shall be accompanied by the required site plan and elevation drawing only in the following two instances: 1) in the year in which landscaping and screening compliance is required under division (i) of Section , and 2) if a change in the parking lot renders the previously submitted site plan or elevation drawing inaccurate. (d) License Extension. If an application for a license renewal has been submitted in accordance with the provisions of Sections and of this chapter, and if, before the existing license has expired, the City has not taken all administrative and legislative action required for approval of the renewal of the license (including, if applicable, the granting of an encroachment permit), the Commissioner of Assessments and Licenses shall extend the existing license on a month-by-month basis until the City has taken action as required by this chapter. (e) Applicability to Premises. Licenses issued under this section shall apply only to the premises described in the application, and a separate application and license shall be required for each noncontiguous site operated. The license shall not be assignable or transferable. (f) Notification of Police Chief. The Commissioner of Assessments and Licenses shall notify the Chief of Police of each license issued under this chapter. (g) License Fee. Each application for a new or renewal license shall be accompanied by a fee of (1) In 2003 and 2004, $.50 per parking space; (2) In 2005 and 2006, $.75 per parking space; and (3) In 2007, $1.00 per parking space. (h) Site Plan Review Fee. Each application for a new or renewal license, including a new or revised site plan, shall be accompanied by an additional fee of one hundred and twenty dollars ($120.00). (Ord. No Passed , eff ) Districts Established Six specific geographic districts are hereby established for the application of particular provisions of this chapter. Except as otherwise specified, regulations of this chapter shall apply in each of the six districts as well as in the remainder of the City. (a) Purpose. It is recognized that, on a citywide basis, Cleveland's central business district is characterized by the highest levels of vehicular traffic, pedestrian traffic, parking demand, general business activity, and convention and tourismrelated activity. These circumstances require that the highest standards for parking facility operation be applied to facilities closest to the City's core.

23 (b) Description of Districts. The six parking facility licensing districts are as follows: (1) Downtown Core Parking District. Beginning at a point of intersection of the center line of West 3 Street and the center line of the Conrail Tracks; thence northeasterly along said center line of the Conrail Tracks to its intersection with the center line of East 12 Street; thence southeasterly along said center line of East 12 Street to its intersection with the center line of Chester Avenue, N.E.; thence northeasterly along said center line of Chester Avenue, N.E. to its intersection with the center line of East 18 Street; thence southerly along said center line of East 18 Street to its intersection with the center line of Brownell Court, S.E.; thence easterly along said center line of Brownell Court, S.E. to its intersection with a line located one hundred thirty two (132) feet east of the easterly line of East 18 Street; thence southerly along said line which is parallel to and one hundred thirty two (132) feet east of said easterly line of East 18 Street to its intersection with the center line of Prospect Avenue, S.E.; thence westerly along said center line of Prospect Avenue, S.E. to its intersection with the center line of East 14 Street; thence northwesterly along said center line of East 14 Street to its intersection with the center line of Brownell Court, S.E.; thence westerly, northwesterly, and southwesterly along said center line of Brownell Court, S.E., to its intersection with a twelve (12) foot unnamed alley; thence northwesterly along said twelve foot unnamed alley to its intersection with the center line of Huron Road, S.E.; thence southwesterly along said center line of Huron Road, S.E. to its intersection with the center line of East 9 Street; thence northwesterly along said center line of East 9 Street to the center line of Alpha Court, S.E.; thence westerly and northwesterly along said center line of Alpha Court, S.E. to its intersection with the center line of East 8 Street; thence northeasterly along said center line of East 8 Street to its intersection with a line located one hundred (100) feet southwest of the southwesterly line of Euclid Avenue; thence northwesterly and southwesterly along said line which is parallel to and one hundred (100) feet southwest of said southwesterly line of Euclid Avenue to its intersection with the center line of Ontario Street; thence southeasterly along said center line of Ontario Street to its intersection with the center line of Huron Road, S.E.; thence northwesterly along said center line of Huron Road, S.E. to its intersection with the center line of Superior Avenue, S.E.; thence easterly along said center line of Superior Avenue, S.E. to its intersection with the center line of West 3 Street; thence northerly along said center line of Old River Road to its intersection with the center line of West 3 Street; thence northerly along said center line of West 3 Street to the place of beginning. (2) Warehouse Parking District. Beginning at a point of the intersection of the center line of Superior Avenue, S.E., and the center line of Old River Road; thence northwesterly along said center line of Old River Road to its intersection with the center line of West St. Clair; thence northeasterly along said center line of West St. Clair to its intersection with the center line of West 10 Street; thence northwesterly along said center line of West 10 Street to its intersection with the center line of Main Avenue, N.E.; thence northeasterly along said center line of Main Avenue, N.E. to its intersection with the center line of West 3 Street; thence southerly along said center line of West 3 Street to its intersection with the center line of Superior Avenue, S.E.; thence westerly along said center line of Superior Avenue, S.E. to its intersection with the center line of Huron Road, S.E.; thence northwesterly along the center line of Superior Road, S.E. to the place of beginning. (3) Erieview Parking District. Beginning at a point of intersection of the center line of Chester Avenue, N.E. and the center line of East 12 Street; thence northwesterly along said center line of East 12 Street to its intersection with the center line of the Conrail Tracks; thence northeasterly along said center line of said Conrail Tracks to its intersection with the center line of East 18 Street; thence southeasterly along said center line of East 18 Street to its intersection with the center line of Chester Avenue, N.E.; thence northwesterly and southwesterly along said center line of Chester Avenue, N.E. to the place of beginning. (4) Flats Parking District.

24 Beginning at a point of intersection of the center line of the Detroit Superior Bridge and the center line of West 25 Street; thence northwesterly along said center line of West 25 Street to its intersection with the center line of Mulberry Street; thence northwesterly along said center line of Mulberry Street to its intersection with the center line of River Road, N.W.; thence northeasterly along said center line of River Road, N.W. to its intersection with the northwesterly edge of the river bank; thence westerly, northwesterly and northerly along said northerly edge of the river bank to its intersection with the center line of the Conrail Tracks; thence northeasterly along said center line of the Conrail Tracks to its intersection with the center line of West 3 Street; thence southeasterly along said center line of West 3 Street to its intersection with the center line of Superior Avenue, N.W.; thence southwesterly along said center line of Superior Avenue, N.W. and continuing southwesterly along the center line of the Detroit Superior Bridge to the place of beginning. (5) Downtown Lakefront Parking District. Beginning at a point of intersection of the center line of the Conrail Tracks and the center line of West 3 Street; thence northwesterly along said center line of West 3 Street to its intersection with the center line of the Memorial Shoreway; thence northeasterly along said center line of the Memorial Shoreway to its intersection with the northwesterly extension of the center line of I-71 Innerbelt Freeway; thence southeasterly along said northwesterly extension and along said center line of said I-71 Innerbelt Freeway to its intersection with said center line of said Conrail Tracks; thence southwesterly along said center line of said Conrail Tracks to the place of beginning. (6) Gateway. Beginning at a point of intersection of the center line of East 14 Street and the center line of the Inner Belt; thence southwesterly along said center line of the Inner Belt to its intersection with the center line of Broadway; thence northwesterly along said center line of Broadway to its intersection with the center line of Ontario Street; thence northwesterly along said center line of Ontario Street to its intersection with the westerly extension of a line located one hundred (100) feet southwest of the southwesterly line of Euclid Avenue; thence easterly along said westerly extension and continuing southeasterly along said line which is parallel to and one hundred (100) feet southwest of said southwesterly line of Euclid Avenue and along its easterly extension to its intersection with the center line of East 9 Street; thence southeasterly along said center line of East 9 Street to its intersection with Huron Road, S.E.; thence northeasterly along said center line of Huron Road, S.E. to its intersection with the center line of a twelve (12) foot unnamed alley; thence southeasterly along said center line of said twelve (12) foot unnamed alley to its intersection with the center line of Brownell Court, S.E.; thence easterly along said center line of Brownell Court, S.E. to the center line of East 14 Street; thence southeasterly along said center line of East 14 Street to its intersection with the center line of Prospect Avenue, S.E.; thence easterly along said center line of Prospect Avenue to its intersection with the center line of East 18 Street; thence southerly along said center line of East 18 Street to its intersection with the center line of East 14 Street; thence southerly along said center line of East 14 Street to the place of beginning. (Ord. No A-90. Passed , eff ) Signs (a) Purpose. The regulations of this section are established to ensure that licensed parking facilities are furnished with signs which provide customers with accurate, useful, and legible information regarding rates and other operational matters. Furthermore, these regulations are established to ensure provision of signs which clearly and effectively identify parking available to visitors seeking daily or other short-term parking. The requirement for provision of such visitororiented signage is intended to promote economic activity in the City by facilitating easy access to parking which serves the Central Business District and major visitor attractions. (b) Display of Rates and Other Information. The following regulations shall apply to all parking lots and garages subject to licensing regulations.

25 (1) Display of Rates. Each parking facility shall be furnished with signs readable from each vehicular entrance, displaying all parking rates applicable at any given time. When multiple rates are applicable at a given time, the display shall include, at a minimum, the lowest and highest rates. All rates applicable at a given time shall be displayed in numerals which are the same size for each rate. Rates displayed on signs for surface lots or on free-standing signs for garages shall be a minimum height of 5 inches for dollar amounts and 3 inches for display of cents and other rate information. For garages, rates and rate information displayed on or adjacent to booths and ticket dispensers shall have a minimum character height of 2 inches. (2) Visibility of Rate Information. For a surface lot or for a garage which is set back from the street, the sign displaying the required rate information shall be placed so that the rates are visible and readable to the motorist prior to entering the property. For a garage entrance located at the sidewalk edge, such sign shall be placed so that the rates are readable to the motorist prior to passing the ticket dispenser or attendant's booth. (3) Required Information. In addition to the rate information required in division (b)(1) of this section, each parking facility shall display the following items of information: 1) a full listing of all rates applicable at all times, 2) the telephone number for after-hours contact, 3) the name of the operator, and 4) the closing time of the facility if exits are blocked after closing. Such additional information shall be displayed in lettering and numerals a minimum of 2 inches and a maximum of 8 inches in height, placed at all attendant's booths, all payment boxes and/or at all vehicular entrances. (4) Destination Information. The sign(s) identifying the parking facility and/or its rates, as required in division (b)(1) of this section, may also display information identifying businesses or other uses served by the parking facility. Such information shall be displayed in lettering no more than 5 inches in height and shall be incorporated within the standardsize sign, as permitted in this section. (c) Special Event and Other Special Rate Parking. Information regarding flat rates for special event parking or other special time-period parking, such as "early bird specials," shall be displayed in accordance with the following regulations. Such sign may also be used to indicate that the garage is "full." (1) Such rate information shall be displayed on the permanent free-standing sign or signs which identify the parking facility's regular rates, using changeable panels or electronically-changeable copy, in accordance with design standards adopted by the City Planning Commission. (2) In the case of a garage which is not served by a free-standing rate sign, the special event or other special time-period parking rate may be displayed on a metal or plastic panel, mounted on a pole which is inserted into a base which is permanently affixed to the ground. Such sign shall be a maximum of six (6) square feet in area and four (4) feet in height above the ground and shall not project into the public right-of-way. (3) Availability of parking for special events shall be identified by use of the term "Event," accompanied by the applicable rate. Such information may be displayed in characters which are larger than those used for display of other rates. (d) Sign Structures and Locations. The following regulations shall apply to all parking lots and garages subject to licensing regulations. (1) Sign Types. Signs for parking facilities may take the form of a free-standing sign, a sign projecting from or otherwise applied to a building wall, a sign mounted on an attendant's booth, ticket machine or payment box, a sign placed on a canopy or marquee, or a sign mounted above a fence post or pier. Portable signs (i.e., "sandwich boards" and other signs not permanently affixed to the ground or to a permitted structure) shall not be permitted, except as permitted in division (c)(2) of this section.

26 (2) Location of Signs. No freestanding sign, nor any portion of such sign, shall be located within or above the public rightof-way, except as permitted in division (e)(1) of this section for a sign element displaying the international parking symbol. No sign projecting from a building wall shall extend to a point which is within two (2) feet of the outer edge of a street curb nor shall such sign extend more than five (5) feet from the building wall. (3) Vertical Clearance. No portion of a sign located above a sidewalk or other pedestrian walking area shall be located less than eight (8) feet above the surface of such area. No portion of a sign located above a driveway or other vehicular way shall be located less than sixteen (16) feet above the surface of such area. (4) Primary and Secondary Signs. As used in this section, the terms "primary signs" and "secondary signs" shall have the following meanings. "Primary signs" are a parking facility's principal signs identifying the parking facility and/or its rates. A primary sign may display other permitted information in addition to the identification and rate information. "Secondary signs" are signs which display only directional and instructional messages necessary to guide motorists and pedestrians within the parking facility. Signs which provide detailed rate information, supplementing that provided on the primary signs, shall also be considered secondary signs. (5) Size, Number and Height of Signs. Each parking facility shall be permitted a total of thirty-two (32) square feet of "primary sign" area for each vehicular entrance, except that two vehicular entrances located less than thirty (30) feet apart, as measured along the property line, shall be counted as a single entrance for this purpose. Such primary sign area permitted for each entrance may be displayed on either one or two sign structures. If two sign structures are used, rate information must be readable at each vehicular entrance. No single primary sign shall exceed thirty-two (32) square feet in area nor shall it exceed fifteen (15) feet in height if free-standing. "Secondary signs," if free-standing, shall not exceed six (6) square feet in area nor four (4) feet in height, and shall be placed, as approved by the City Planning Director, only where necessary to provide instructions to customers of the parking facility. Secondary signs displayed on building walls or on overhead structures shall be no larger than necessary to display permitted information in a readable manner, as determined by the City Planning Director. (6) Measurement of Sign Area. Only one side of double-sided signs shall be counted in the measurement of sign area if the two sides are in parallel, back-to-back arrangement. (7) Temporary Signs. For a newly-established license parking facility, the following temporary signs shall be permitted for a period not exceeding sixty (60) days following the opening of the parking facility: A. Signs substituting for approved but not-yet-installed permanent signs, conforming, to the maximum extent feasible, with all regulations and design standards for permanent signs except those pertaining to fabrication materials; and B. For each vehicular entrance, one wall-mounted banner, not exceeding forty (40) square feet in area, or one freestanding temporary sign, not exceeding ten (10) square feet in area, announcing the opening of the parking facility. (e) Signs for Visitor-Oriented Parking Facilities. In addition to other applicable regulations of this section, the following supplemental regulations shall apply to signs for parking facilities which are available to the general public on an hourly, daily or special event basis (i.e., "visitor-oriented parking facilities"). These supplemental regulations shall not apply to parking facilities which are restricted to use by employees, residents, faculty or students of businesses, institutions or other buildings served by the parking facility nor shall these regulations apply to parking facilities which are restricted exclusively to use on a weekly or monthly basis. (1) Use of the International Parking Symbol. All visitor-oriented parking facilities shall be furnished with a sign or signs, visible from each vehicular entrance, displaying the international parking symbol, displayed as a white letter "P" at least 14 inches in height, placed on a purple (PMS ]2685) circular background, a minimum of 22 inches in diameter. The design shall be in accordance with design standards adopted by the City Planning Commission. In the case of a free-standing

27 sign, the parking symbol may project over a public sidewalk, extending no more than thirty (30) inches beyond the property line and maintaining a minimum vertical clearance of eight (8) feet. No other element of such sign may project over the public sidewalk. (2) Design Standards. The City Planning Commission shall adopt and disseminate design standards which, through use of narrative materials and illustrations, describe and depict signs which conform to the requirements of this section applicable to signs for visitor-oriented parking facilities. The standards shall also provide supplemental information on such design elements as color, materials, illumination, methods of attachment, border areas, positioning of information items, etc. (3) Approval Process. The Director of the City Planning Commission shall determine whether a proposed sign for a visitor-oriented parking facility meets the requirements of this section and the adopted design standards, and shall approve or disapprove each application on that basis. In the case of a proposed sign which does not meet the requirements of this section, the City Planning Commission may approve the sign if it determines that such sign meets the standards of division (e)(7) of this section. (4) Comprehensive Sign Systems for Large-Scale Facilities. In the case of a large-scale complex of facilities served by a network of parking lots or garages under common management, the City Planning Commission may approve signs which differ from the standards established in this section as necessary to create a uniform series of signs which identify parking facilities serving such complex. (5) Replacement of Nonconforming Signs. For parking signs installed prior to the initial effective date of this ordinance, any such signs which do not conform to the applicable regulations of this section shall be replaced by conforming signs in accordance with the following schedule, except as provided in division (e)(6) of this section. A. For parking facilities located within the Downtown Core and Downtown Lakefront Parking Districts, as established in Section , and for parking facilities located in the area directly north of the Downtown Lakefront Parking District, all nonconforming signs shall be replaced or removed by August 1, 1997, except that any nonconforming sign installed pursuant to a Building Permit issued between June 1, 1991 and May 31, 1996, shall be replaced or removed by August 1, B. For parking facilities located within the Gateway, Warehouse, Erieview, and Flats Parking Districts, as established in Section , all nonconforming signs shall be replaced or removed by August 1, C. For parking facilities located within the remainder of the City, all nonconforming signs shall be replaced or removed by August 1, (6) Retention of Nonconforming Signs. With respect to signs whose replacement is required under the provisions of division (e)(5), any owner wishing to retain such sign shall submit a written request to the City Planning Commission no later than six (6) months prior to the date on which replacement is required. Such application shall include the address of the parking place, a sketch showing the sign's dimensions and its approximate location on the property, and color photographs of the sign. The City Planning Commission shall, within two (2) months of receipt, approve retention of the sign if it determines that such sign meets the standards of division (e)(7) of this section. (7) Standards for Approval of Nonconforming Signs. With respect to an application for the installation or retention of a sign which does not conform to the regulations of this section, the City Planning Commission shall approve such application if it determines that the sign, either alone or in combination with other signs, provides information which is sufficient to fulfill the stated purposes of this section, and that the sign meets the following standards, as applicable:

28 A. The sign is attached to the wall of a building and is better suited to the design of such building than a conforming sign would be, or B. The sign meets a higher standard of design quality than would result from minimal conformance to the standards of this section, or C. The sign has been designed so that it is more appropriate to its environs or the uses which it serves than a conforming sign would be, or D. The sign is part of a comprehensive signage system for a large-scale complex of facilities, and such system meets the standards of division (e)(4), and E. In the case of a new sign, the deviation from the otherwise applicable regulations of this section is the minimum necessary to meet one or more of the special standards established for approval of nonconforming signs. (f) Application. Plans for installation of signs regulated in this section shall be submitted to the City Planning Director either prior to or concurrently with submission of any required Building Permit application. The plans shall be sufficient to demonstrate compliance with all regulations of this section and with the design standards adopted by the City Planning Commission pursuant to the provisions of this section. No signs regulated in this section shall be installed before approval by the City Planning Director and issuance of any required Building Permit. (Ord. No Passed , eff ) Claim Checks to be Furnished At the time of accepting a motor vehicle for storage or parking in a parking place, the person operating the same, his agent, servant or employee, shall furnish to such person parking his motor vehicle a distinctive check which shall be numbered to correspond to a coupon placed upon such motor vehicle, which coupon shall be in the form approved by the Commissioner of Assessments and Licenses. The above provision as to claim checks shall not apply where cars are stored in a nonattended parking lot controlled either by an automatic gate device or by a coin meter, or where cars are stored on a weekly or monthly fee basis or some memorandum in writing is given to the person storing his car stating the weekly or monthly arrangement and showing the name and address of the operator of the storage or parking place. (Ord. No Passed , eff ) Change of Rates (a) No operator of a parking place shall make any charge for storing a motor vehicle in excess of the rates set forth on the sign erected on the premises as required by Section (b) For at least two (2) weekdays prior to the effective date of an increase in hourly or daily rates, and for at least five (5) weekdays prior to the effective date of an increase in monthly parking rates, the operator of a parking place which requires payment upon exiting shall post the change of rates and the date on which the change of rates is to take effect on a sign conforming to the size requirements of Section and placed so that the information is clearly visible from each customer entrance to the parking place or from each place of payment. (c) However, nothing herein contained shall be deemed to prevent the operator of any parking lot from charging a rate in case of special events different from that ordinarily charged, if such operator has placed over that portion of the sign indicating such the usual rate for parking a sign bearing the following legend: "SPECIAL EVENT PARKING," and indicating the increased rate in lettering at least twice as large as the lettering of the usual rate indicated on such sign. (Ord. No Passed , eff )

29 Screening Barriers Except as provided in division (e) of Section , all surface parking lots with 10 or more spaces shall be bordered along the entire length of all lot lines fronting on public streets or public alleys, as defined in Section of the Codified Ordinances, except at established entrances and exits, by a visual screen and a vehicular barrier, as further described in divisions (a) and (b) of this section. Such screen and barrier shall be sufficient to prevent vehicular ingress and egress except at established entrances and exits, to prevent motor vehicles from encroaching into the public right-of-way, to restrict pedestrian movement to established sidewalk areas and to screen parked vehicles from view from the public rightof-way. (a) Vehicular Barriers. The vehicular barrier shall consist of a continuous concrete or cut stone curb at least 8 inches high and 6 inches wide or anchored concrete wheel stops, as necessary to prevent motor vehicles from projecting into the public right-of-way or impacting with the visual screen. (b) Visual Screens. All visual screens shall meet the following requirements with respect to height, opacity and materials. (1) Central City Area. Within the Downtown Core, Gateway and Warehouse Parking Districts, as established in Section , visual screens shall meet the following standards. Minimum required height and opacity shall be provided throughout the length of any required visual screen. The visual screen shall be a minimum of 4 feet and a maximum of 6 feet in height and shall conform to one of the following four standards with respect to materials and opacity. A. shrubbery and fence: a continuous hedge of shrubbery and a metal picket and rail fence, together providing 100% opacity to a height of 2.5 feet and providing a minimum of 5% and a maximum of 25% opacity between a height of 2.5 feet and 4 feet. B. shrubbery, fence and trees: shrubbery and a metal picket and rail fence, supplemented by trees planted at a minimum average spacing of 20 feet, together providing 50% opacity to a height of 2.5 feet and providing a minimum of 5% and a maximum of 25% opacity between a height of 2.5 feet and 4 feet. C. berm and trees: a landscaped earthen berm planted with trees placed at a minimum average spacing of 20 feet, providing 100% opacity to a height of 2.5 feet and a maximum of 25% opacity between a height of 2.5 feet and 4 feet.

30 D. wall/fence and shrubbery: shrubs planted at a minimum average spacing of 8 feet and a combination metal picket and rail fence/masonry wall, together providing a minimum of 100% opacity to a height of 2.5 feet and providing a minimum of 5% and a maximum of 25% opacity between 2.5 feet and 4 feet. (2) Other Areas. All parking lot areas established and licensed on or after June 26, 1991 shall meet the screening standards established in division (b)(1) of this section. Outside of the Downtown Core, Gateway and Warehouse Parking Districts, as established in Section , all parking lots legally established prior to June 26, 1991 shall meet the following visual screening standards. The visual screen shall be composed of anchored concrete, wood or metal bollards, at least 8 inches in width or diameter and at least 2.5 feet in height, in uniform intervals of not more than 8 feet, connected through the top of each bollard by aluminum or galvanized metal chains, at least 1/2-inch in diameter. The bollards and chains shall be supplemented by trees planted at minimum intervals of 30 feet. (c) Supplemental Standards for Visual Screens. The elements which compose a required visual screen shall meet the following requirements: (1) Standards for Shrubs, Trees and Ground Cover. Shrubbery used as part of a visual screen must be sufficient to meet the height and opacity requirements by the end of the second growing season after initial planting. All shrubs and trees

31 shall be selected from lists of approved types, as adopted by the City Planning Commission. At the time of installation, deciduous trees shall be a minimum of 2.0" in caliper at one foot above grade, and evergreen trees shall be a minimum of 6.0' in height. Trees shall be permitted as part of any visual screen, and the maximum height and opacity limitations shall not apply to trees. In the event that irrigation as required under division (c)(2) of this section is not available, landscaping materials installed on such property shall be of a type which do not require such irrigation for proper maintenance, as determined by the Director of Parks, Recreation and Properties, or his designee. (2) Standards for Landscaped Areas. If a visual screen is set within a landscaped area, such area shall be bordered by a continuous concrete or cut stone curb at least 6 inches wide and 8 inches high and such area shall be covered by grass or other suitable vegetative ground cover, bark or decorative stones. If planted with shrubs, the landscaped area shall be a minimum of 3 feet in width. If planted with trees, the landscaped area shall be a minimum of 4 feet in width. (3) Standards for Fences and Walls. All walls and fences used as part of a visual screen shall be of uniform appearance and shall be set in a concrete base. Required metal picket and rail fences shall be of actual or simulated wrought iron or cast iron construction. Masonry walls shall be of brick or stone construction. (4) Irrigation Requirements. A. General Provisions. Every landscaped area shall be served by a permanently-installed underground irrigation system. No irrigation system, however shall be required for trees provided to supplement the use of bollards and chains as required by division (b) (2) of this section. B. Method of Connection. For parking lots established on or after June 26, 1991, the irrigation system shall be connected directly to City water lines. For parking lots legally established before June 26, 1991, the irrigation system shall be either connected to City water lines or shall be configured for coupling to a hose which draws water from any permitted source. In such instances, the selection of the water source shall be made by the applicant. In all instances, however, the Division of Water may reject a particular method of connection if it determines that such method is technically infeasible or unsafe in a particular location. C. Responsibilities. In the case of a property, or adjoining properties under common ownership, which are not served by City water lines, the City shall provide, at its expense, water line hook-ups to serve the irrigation system. The City's responsibility to dedicate a water source shall arise upon approval by the Division of Building and Housing and the Division of Water of plans, submitted by the applicant, for such irrigation, including necessary water line hook-ups. The parking lot operator shall not be responsible for installing live landscaping materials until the City provides the water line hook up. Each applicant shall be required to install and pay for a separate water meter or meters, vault and backflow devices and shall pay for all water used. In the case of a system served by a fire hydrant tap, the applicant shall be responsible for payment of a single annual fee to cover the costs of estimated water use and issuance of a permit. (d) Maintenance. All screening materials shall be maintained in good condition at all times. Unhealthy or dead vegetation shall be replaced with healthy plantings no later than the end of the next applicable growing season. Fences and walls shall be kept free from peeling paint, rust, spalling, and broken, cracked or missing elements. Fences and walls shall also be kept plumb, with no more than a 2-inch deflection from a vertical position. (e) Exemption for Alleys. No visual screen shall be required along public alleys except within the Downtown Core Parking District (as established in Section ), where the required visual screen shall be provided. (f) Landscaping Requirement Reductions and Exemptions. With regard to a parking lot which otherwise complies with all requirements of Section , the City Planning Commission shall grant a reduction of or an exemption from the requirements for shrubs, trees and landscaped areas of division (b) of Section if full compliance with such

32 requirements would result in a loss of existing parking spaces which cannot be avoided or remediated through re-design or re-configuration of the parking lot. The Commission shall take such action in accordance with the following provisions. (1) Evidence to be Provided by the Applicant. An applicant seeking a reduction of or an exemption from the requirement for landscape elements of a visual screen shall present evidence to the City Planning Commission demonstrating that the potential loss of existing spaces cannot be avoided or remediated through re-design or re-configuration of the parking lot. (2) City Planning Commission Determination. Upon consideration of evidence submitted by the applicant as well as any analysis prepared by City staff, the City Planning Commission shall determine whether strict application of the visual screen landscaping requirements will result in an unremediable loss of parking spaces. In determining whether a loss of parking spaces can be avoided through re-design or re-striping, the Commission shall assume continued use of existing parking space and aisle dimensions for the subject property except where such dimensions are in excess of City standards. The Commission shall further determine whether the applicant can comply with the visual screen landscaping requirements through the use of a legal encroachment in one or more of the public rights-of-way adjoining the parking lot. (3) Minimum Requirement. Any reduction of standards approved by the City Planning Commission with respect to the required visual screen shall be the minimum reduction necessary to prevent a loss of parking spaces. The Commission may require compliance with the visual screen standards through the use of a legal encroachment in one or more of the public rights-of-way adjoining the parking lot. At a minimum, the Commission shall require installation of a metal picket and rail fence meeting all applicable requirements of this Section and, in addition, providing a metal, brick or stone pier or post, at least 2 inches square, at a minimum spacing of 8 feet. The Commission shall also require provision of landscaped areas where such provision will not result in a loss of parking spaces. (g) Temporary Uses. Where the City Planning Commission deems a parking lot to be a temporary use, the barrier and screening requirements of this section shall be met if the parking lot operator installs anchored concrete wheel stops supplemented by bollards and chains, as required in division (b)(2) of this section. The requirement for bollards and chains shall not apply outside of the Downtown Core Parking District. No surface parking lot shall be deemed temporary for a period in excess of one year, provided however, that the City Planning Commission may extend the temporary use for one (1) additional one-year period if, prior to the completion of the initial one-year period, a project agreement with the City is executed which requires development of the lot within one year or a Building Permit application has been filed for development of the lot. A parking lot shall also be considered as a temporary use if there exists a lease, recorded with the Cuyahoga County Recorder, between the parking lot operator and the owner of the subject property, and the term of the lease expires within eighteen (18) months after the compliance date for filing of plans, as specified in division (i) of this Section. (h) Approval. The materials, design, location and construction of the screens and barriers required by this section shall be approved by the Director of City Planning Commission, in consultation with the Commissioners of Research, Planning and Development and Traffic Engineering and shall be in accordance with the standards promulgated by the Commissioners in compliance with the provisions of this chapter. Unless otherwise permitted by the Commissioner of Traffic Engineering, each parking place shall have one common entrance and one common exit, which may or may not be combined.

33 (i) Compliance Dates. Parking lots legally established prior to June 26, 1991 shall comply with the requirements of this section in accordance with the following provisions: (1) For lots within the Downtown Core Parking District, plans shall be filed by May 1, 1992, and installation shall be completed by August 1, (2) For lots within the Erieview, Downtown Lakefront and Flats Parking Districts, plans shall be submitted by May 1, 1993, and installation shall be completed by August 1, (3) For lots within the Gateway and Warehouse Parking Districts and in the remainder of the City, plans shall be submitted by May 1, 1994, and installation shall be completed by August 1, (Ord. No Passed , eff ) Employees While on duty at the parking facility, each employee shall wear a badge, provided by the parking facility operator, identifying the individual as an employee of the subject operator. (Ord. No A-90. Passed , eff ) Maintenance of Parking Place and Surroundings (a) Each operator of a parking place shall keep the sidewalk surrounding the parking place free from dirt, ice, sleet and snow and shall keep the sidewalk and driveways in a safe condition for the travel of pedestrians. (b) The loading or unloading of passengers or drivers across or upon a public sidewalk is expressly prohibited and any operator or employee who by receiving or delivering motor vehicles other than within the space provided by such place, aids or assists in blocking any sidewalk or street shall be deemed to have violated the provisions of this section. (c) In outdoor parking lots the operator shall at all times be required to keep the lot in good order and condition and free from nuisance, and if the lot is not a hard surface, to take the necessary precautions to prevent the raising of dust and dirt by the movement of cars thereon. (Ord. No Passed , eff ) Bicycle Parking As a condition of the issuance or renewal of an annual license, all parking lots and garages subject to the provisions of this Chapter shall provide spaces for bicycle parking in accordance with the following regulations. (a) Purpose. The requirements for bicycle parking are established for the purpose of ensuring adequate and safe facilities to accommodate bicycle parking and to encourage use of bicycles for travel as an alternative to use of motorized vehicles. (b) Time of Compliance. For applicable parking lots and garages that were licensed prior to the initial effective date of this Section, required bicycle parking spaces shall be provided no later than two (2) years after the initial effective date of this Section. For other applicable parking lots and garages, required bicycle parking spaces shall be provide prior to the issuance of a license. (c) Number of Bicycle Parking Spaces. Bicycle parking spaces shall be provided at a rate of one (1) bicycle parking space for each twenty (20) automobile spaces provided. However, no automobile parking lot or garage shall be required to provide more than twenty-four (24) bicycle parking spaces. (d) Substitution for Automobile Spaces. The total number of automobile off-street parking spaces required under the Zoning Code shall be reduced at the ratio of one (1) automobile off-street parking space for each six (6) bicycle spaces

34 provided. The total number of required automobile off-street parking spaces, however, shall not be reduced by more than five (5) percent for any parking lot or garage. (e) Bicycle Parking Space Size. Required bicycle parking spaces for nonresidential uses must have minimum dimensions of two (2) feet in width by six (6) feet in length (f) Bicycle Parking Space Location. Required bicycle parking spaces shall be located at least as close to the entrance of the building as the nearest non-handicapped automobile parking space. Where automobile parking is provided in an enclosed area, bicycle parking shall be provided within the enclosure or in such a way as to provide comparable protection from the elements. (g) Bicycle Racks and Lockers. Each required bicycle parking space shall be equipped with a bicycle rack or bicycle locker, as defined in this Section. (1) Design. Bicycle racks and lockers must be securely anchored to the ground or a building. Bicycle racks must provide a stable frame to which the bicycle may be conveniently secured, such as the inverted-u, post and loop, or another type of rack that meets these standards. Bicycle racks that support the wheel but not the frame of the bike may not be used to fulfill a bicycle parking requirement. In parking lots and parking garages, physical barriers, such as posts or bollards, shall be provided so as to prevent a motor vehicle from striking a parked bicycle. (2) Residential Uses. Neither bicycle racks nor bicycle lockers are required for bicycle parking associated with residential uses. Required bicycle parking for residential uses may be provided in garages, storage rooms, or any other residentaccessible, secure areas. (h) Bike Locker. As used in this section, bike locker means a locker or storage space large enough to house a single bicycle and which may be secured and accessed by a single user. (Ord. No Passed , eff ) Revocation or Suspension of License The Commissioner of Assessments and Licenses may at any time revoke or suspend licenses granted under the authority of this chapter, for failure to comply with the terms of this chapter. (Ord. No Passed , eff ) Appeals In case of refusal to issue a license or of revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established pursuant to Charter Section Notice of such appeal shall be in writing and filed with the Board within ten (10) days after the making of such order. The Board shall fix a time of hearing for such appeal not later than ten (10) days after the filing of such notice, at which hearing all parties interested shall be afforded an opportunity to be heard. Such Board shall approve, modify or annul such order from which the appeal has been perfected. Such opinion of the Board shall be final on all parties thereto. If the Director of the City Planning Commission has not notified the Commissioner of Assessments and Licenses of his determination within the required 60-day period, the applicant may appeal to the Board of Zoning Appeals for a determination. (Ord. No Passed , eff )

35 Penalty Whoever violates any of the provisions of Sections , to , or shall be guilty of a minor misdemeanor and fined not more than one hundred dollars ($100.00). In addition to any other method of enforcement provided for in this chapter, these minor misdemeanors may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedures. Whoever violates any of the provisions of these sections, having previously been convicted of a violation of any of these sections within five (5) years, shall be guilty of a misdemeanor of the fourth degree. (Ord. No Passed , eff )

36 PART FOUR TRAFFIC CODE Title VII Parking Chapter 459 Parking Infractions and Parking Violations Bureau Definitions Complete to June 30, 2010 The following words and phrases, when used in this Chapter of the Traffic Code, shall have the meanings respectively ascribed to them by this section. (a) Parking Infraction means a violation of the following sections of the Codified Ordinances of Cleveland, Ohio, 1976: Parking Waste Collection Vehicles; Service Station Parking Restrictions; Continuous Violation Tickets; Statutory Prohibited Standing or Parking Places; Manner of Parallel Parking; Physically Handicapped Parking division (h) only; Manner of Angle Parking; Narrow Roadways and Alleys; Hydrant Side of Street; Hazardous Traffic Obstructions; Hospital Grounds; City Property; Distance from Theaters; Fire Lanes on Public and Private Property; Street Cleaning; Snow Emergency; Bus Stops and Taxi Cab Stands; Motor Carriers; Truck Zones; Trucks and Commercial Vehicles;

37 Between Sidewalk and Setback Line; Tree Lawn and Private Driveway; Private Driveway or Private Property; Abandoned Vehicles; Reserved Street Parking for U.S. Marshal; Valet Parking/Passenger Drop off-pick up Zones Established; Violations, divisions (e) and (f) only; Parking Regulations in Parking Meter Zones; Parking Violations; Parking Regulations; Reserved Parking Spaces at Willard Park Garage; Violations, divisions (a), (b), (c) and (d) only; Prohibitions, division (a) only; and Parking Areas; of the Codified Ordinances. (b) Vehicles has the same meaning as in Section of the Revised Code. (c) Violations Clerk means the Clerk of the Cleveland Municipal Court. (d) Parking Violations Bureau means the bureau established by the Council of the City of Cleveland pursuant to Section of the Revised Code and Section hereof. (e) Law Enforcement Officer has the same meaning as in division (k) of Section of these codified ordinances and shall also mean employees of the City whose duties include the issuance of parking infraction tickets while engaged in such duty. (f) Notification of Infraction means the notice mailed to the owner or operator of a vehicle involved in a parking infraction pursuant to Section of the Revised Code and Section hereof. (g) Rush Hour Parking Infraction means a violation of division (n) of Section of these codified ordinances, occurring on the streets and roadways and during the times specified in Rule Nos. 3, 3-A, 3-B, 4, and 4-A adopted by the Director of Public Safety, as the same may be amended from time to time. (h) Court or Municipal Court means the Cleveland Municipal Court, unless specifically identified as another court, in which case it means the specifically identified court. (Ord. No , 2. Passed , eff ) Civil Liability for Parking Infractions; Arrest Prohibited The commission of a parking infraction, as defined in Division (a) of Section of the Codified Ordinances of Cleveland, Ohio, 1976, shall not be considered a criminal offense for any purpose.

38 A person who commits a parking infraction shall not be arrested as a result of the commission of the violation. (Ord. No Passed , eff ) Note: Section 3 of Ord. No provides that Section shall take effect on November 1, Parking Violations Bureau (a) The City of Cleveland Parking Violations Bureau is hereby established pursuant to RC The Parking Violations Bureau shall be within the office of the Clerk of the Cleveland Municipal Court. The Parking Violations Bureau has jurisdiction over each parking infraction that occurs within the territory of the City of Cleveland. Notwithstanding any other provision of law to the contrary, each parking infraction that occurs within the jurisdiction of the Parking Violations Bureau and the enforcement of each such parking infraction shall be handled pursuant to and be governed by the provisions of this Chapter. (b) The operating costs of the Parking Violations Bureau shall be paid by the City of Cleveland. The Clerk of the Cleveland Municipal Court is hereby appointed as the Violations Clerk of the Parking Violations Bureau, with authority to appoint deputy clerks, hearing examiners and necessary clerical employees. No person shall be employed as a hearing examiner unless the person is an attorney admitted to the practice of law in this state or formerly was employed as a law enforcement officer. (c) The fine, penalties, fees, and costs established for a parking infraction shall be collected, retained and disbursed by the Violations Clerk if the parking infraction out of which the fine, penalties, fees and costs arose occurred within the jurisdiction of the Parking Violations Bureau. The Violations Clerk shall provide tickets for parking infractions to law enforcement officers in the Division of Police upon requisition of the Chief of Police and shall also provide tickets for parking infractions upon requisition of the director or commissioner of any other department or division which has employees whose duties include the issuance of parking infraction tickets. Any person requisitioning tickets shall account to the Violations Clerk for all tickets requisitioned at such times as the Violations Clerk shall request. The fine, penalties, fees, and costs collected by the Violations Clerk for a parking infraction shall be disbursed by the Violations Clerk to the City of Cleveland. (d) The Clerk of Court shall have authority to contract with any non-governmental entity to provide services in processing, collecting, and enforcing parking tickets issued by law enforcement officers and civil judgments and default civil judgments entered pursuant to this Chapter. No contract shall affect the responsibilities of hearing examiners as prescribed in this Chapter, or the ultimate responsibility of the Violations Clerk to collect, retain, and disburse fines, penalties, fees, and costs for parking infractions and monies paid in satisfaction of judgments and default judgments entered pursuant to this Chapter. All contracts entered into by the Clerk of Court shall be subject to approval of City Council. (e) The Director of Law and the Director of Finance are each authorized to enter into contract on behalf of the Clerk of the Cleveland Municipal Court for the collection of unpaid parking infraction judgments and default judgments. In addition to any other fees or charges authorized by these codified ordinances in relation to the commission of a parking infraction, the judgment debtor on unpaid parking infraction judgments or default judgments may be assessed an amount equal to the costs paid by the City to any vendor for the costs of collection of the debt. (Ord. No , 2. Passed , eff ) Parking Ticket, Service, and Liability (a) The parking ticket adopted in Section hereof shall be used by law enforcement officers in all cases in which a person is charged with committing a parking infraction within the City of Cleveland. The parking ticket shall be the summons and complaint for purposes of this Chapter.

39 (b) A law enforcement officer who issues a parking ticket for a parking infraction shall complete the ticket by identifying the parking infraction charged, recording the license plate number, type, and make or model of the vehicle, and indicating the date, time, and place of the parking infraction charged. The officer shall sign the ticket and affirm the facts it contains and file a copy with the Violations Clerk. If the operator of the vehicle is present, the officer also shall record on the ticket the name of the operator in a space provided on the ticket for identification of the offender, and then shall personally serve the parking ticket upon the operator. If the operator of the vehicle is not present, the officer shall insert the word "owner" in the space provided on the ticket for identification of the offender, and then shall constructively serve the parking ticket upon the owner of the vehicle by affixing the ticket to the vehicle in a conspicuous place. Constructive service of a parking ticket upon an owner of a vehicle by affixation as provided in this Division, or by the procedure described in Division (d) of this Section, has the same force and effect, and potentially subjects both the owner and the operator of the vehicle whose act or omission resulted in the parking infraction, if different, to the same fine, penalties, fees, and costs for failure to timely answer or to appear, if a hearing is requested, as if the parking ticket were personally served on both the owner and operator of the vehicle at the time of the violation. (c) The original of a parking ticket issued pursuant to this Section or any true copy of it shall be considered a record kept in the ordinary course of business of the City of Cleveland and of the law enforcement agency whose officer issued it, and shall be prima-facie evidence of the facts it contains. (d) An operator of a vehicle who is not the owner of the vehicle, but who operates it with the express or implied permission of the owner is the agent of the owner for purposes of the receipt of parking tickets served in accordance with this Section, and personal service of a parking ticket upon the operator in accordance with this Section constitutes constructive service upon the owner for purposes of this Chapter. The operator of a rented or leased vehicle whose act or omission resulted in an alleged parking infraction shall not be considered an agent of the owner if the owner is engaged in the business of renting or leasing vehicles pursuant to a written rental or lease agreement and if the owner follows the procedures set forth in Section hereof. (e) Except as provided in Section hereof, when a parking ticket is issued for a parking infraction and is served pursuant to this Section, the operator of the vehicle whose act or omission resulted in the parking infraction for which the ticket was issued and the owner of the vehicle involved in the parking infraction, if different, are jointly liable for the parking infraction and any fine, penalty, fees, and costs arising out of the parking infraction. Any owner of a vehicle who pays any fine, penalty, fee, and cost imposed for a parking infraction pursuant to this Chapter may recover the amount paid from the operator of the vehicle whose act or omission resulted in the parking infraction. (Ord. No Passed , eff ) Note: Section 3 of Ord. No provides that Section shall take effect on November 1, Answers; Procedures (a) A person who is personally or constructively served with a parking ticket charging the commission of a parking infraction may answer the charge by appearing personally before the Parking Violations Bureau or by mail. An answer shall be made within fifteen days from the date of the infraction, and shall be in one of the following forms: (1) An admission that the person committed the parking infraction, by payment of any fine arising out of the parking infraction; (2) An admission that the person committed the parking infraction, with an explanation of the circumstances surrounding the parking infraction;

40 (3) A denial that the person committed the parking infraction and a request for a hearing relative to the infraction. If the person desires the presence, at the hearing, of the law enforcement officer who issued the parking ticket, the person must request his presence in his answer. (b)(1) A person who admits that he committed a parking infraction shall, and a person who admits that he committed a parking infraction with explanation may, when he makes his answer, pay the fine arising out of the infraction admitted to the Violations Clerk of the Parking Violations Bureau. (2) A person who admits that he committed a parking infraction with explanation shall submit evidence to the Parking Violations Bureau that explains the circumstances surrounding the parking infraction. The evidence may be submitted in person or, to avoid the necessity of personal appearance, may be sent as affidavits and other documentary evidence, by mail. The Parking Violations Bureau, when it receives an answer admitting that a person committed a parking infraction with explanation, shall promptly determine whether the explanation mitigates the fact that the person committed the parking infraction and notify the person, in writing, of its determination. If the Parking Violations Bureau determines that the explanation mitigates the fact that the person committed the parking infraction, the Parking Violations Bureau shall eliminate or reduce the amount of the fine arising out of the parking infraction. If the fine is eliminated or reduced and the person has previously paid the fine, the amount paid in excess of the revised fine shall be returned to the person; if the fine is eliminated or reduced and the person has not previously paid the fine, the person shall pay only the amount of the revised fine. If the Parking Violations Bureau determines that the explanation does not mitigate the fact that the person committed the parking infraction, the person owes the entire amount of the fine arising out of the parking infraction, and if the person has not previously paid the fine, the person shall pay the entire amount of the fine. If a person admits that he committed a parking infraction with explanation and the person fails to pay the amount of the fine due within ten days after receiving notice of the Parking Violations Bureau's determination, unless the amount due has previously been paid, the Parking Violations Bureau's determination and the amount of the fine due shall be considered a judgment and shall be treated as if it were a judgment rendered subsequent to a hearing held pursuant to Division (b) of Section hereof. (3) A person who denies that he committed a parking infraction shall be granted a hearing concerning the infraction. The Parking Violations Bureau shall set a date for the hearing and notify the person, in writing, of the date, time, and place of the hearing. The hearing shall be conducted by a hearing examiner of the Parking Violations Bureau in accordance with Section hereof. (c) If a person who is personally or constructively served with a parking ticket charging the commission of a parking infraction fails to timely answer the charge, as provided in Division (a) of this Section, the Parking Violations Bureau shall issue the proper notifications of infraction pursuant to Section hereof, and proceed according to that Section. Failure to answer the charge within the fifteen day period provided by Division (a) of this Section, shall result in the imposition of an additional penalty of ten dollars ($10.00). (d) The issuance of a parking ticket, the filing of or failure to file an answer by a person personally or constructively served with the ticket, the substance of an answer, the payment of any fine, penalty, fee, and cost, and any other relevant information shall be entered in the records of the Parking Violations Bureau. (Ord. No , 2. Passed , eff ) Failure to Answer (a) When a person is personally or constructively served with a parking ticket charging the commission of a parking infraction in accordance with Section hereof and the person fails to answer the charge within the time specified in Section hereof, the Parking Violations Bureau shall send notifications of infractions as follows:

41 (1) If the person who fails to answer was the operator of the vehicle involved in the parking infraction at the time of the commission of the parking infraction and was personally served with the parking ticket, a notification of infraction shall be sent to that person, and additionally if such person is not the owner of the vehicle, as determined from the records of the Bureau of Motor Vehicles, a notification of infraction also shall be sent to the owner at his most recent address appearing in such records; (2) If the person who fails to answer was the owner of the vehicle and was constructively served with the parking ticket, a notification of infraction shall be sent to the owner at his most recent address appearing in the records of the Bureau of Motor Vehicles. (b) A notification of infraction shall be sent within twelve (12) months after the expiration of the time specified in Section hereof for the making of an answer, shall be sent by first class mail, and shall contain all of the following: (1) An identification of the parking infraction with which the person was charged and the time and date of the parking infraction, which identification may be a copy of the parking ticket charging the parking infraction that was personally or constructively served upon the person; (2) An identification of the amount of the fine, penalties, fees, and costs arising out of the parking infraction that are due; (3) A warning that the person must answer the parking infraction charged in the ticket within thirty (30) days or a default civil judgment in the amount of the fine, penalties, fees, and costs due may be entered against the person; (4) A description of the allowable answers that may be made and notification that the person will be afforded a hearing before the Parking Violations Bureau if he denies in his answer that he committed the parking infraction; (5) An identification of the manners in which and the entity to which an answer may be made; (6) A warning that if the person fails to appear at a requested hearing, a default civil judgment in the amount of the fine, penalties, fees, and costs due may be entered against the person. (7) A warning that renewal or transfer of the registration of the vehicle involved in the parking infraction, if the vehicle is registered in this state, may be denied as provided in RC for nonpayment of judgments or default judgments entered pursuant to this chapter. (c) A person who receives a notification of infraction pursuant to this section may answer the parking infraction with which he is charged that is identified in the notification of infraction in any of the manners provided in division (a) of Section hereof for answers to parking infractions charged in a parking ticket. An answer under this section shall be made within thirty (30) days after the date on which the notification of infraction was mailed, and shall be in one of the forms specified in divisions (a) (1), (2), and (3) of Section hereof for answers to parking infractions charged in a parking ticket, except that if the answer includes payment of the fine arising out of the parking infraction any penalty, fee, or cost arising out of such infraction also shall be paid. The answer shall be governed by the provisions of division (b) of Section hereof for answers relative to parking infractions charged in a parking ticket, except that any determination of the amount to be paid under an answer admitting the commission of the parking infraction with explanation also shall consider any penalty, fee, or cost arising out of such infraction. (d) If a person who is issued a notification of infraction pursuant to RC , and division (c) of this section, fails to timely answer, the failure to answer shall be considered an admission that the person committed the parking infraction, and a default civil judgment, in the amount of the fine, penalties, fees, and costs due may be entered against the person. Failure to answer the parking infraction within thirty (30) days after the date on which the notification of infraction was mailed shall result in the imposition of an additional penalty of fifteen dollars ($15.00).

42 (e) The sending of a notification of infraction, the filing of or failure to file an answer by the person to whom it is sent, the substance of an answer, the payment of any fine, and any other relevant information shall be entered in the records of the Parking Violations Bureau. (Ord. No , 2. Passed , eff ) Hearing Procedure (a) If a person who is personally or constructively served with a parking ticket charging the commission of a parking infraction or who receives a notification of infraction, in his answer to the charge denies that he committed the infraction, the Parking Violations Bureau shall conduct a hearing to determine if the person committed the parking infraction. Each hearing shall be conducted by a hearing examiner of the Parking Violations Bureau. Each hearing shall be conducted in such manner as the hearing examiner considers appropriate. Rules regarding the admissibility of evidence shall not be strictly applied in the hearing, but all testimony shall be under oath. At the hearing, the City of Cleveland has the burden of proving, by a preponderance of the evidence, that the person for whom the hearing is being conducted committed the parking infraction. If the person, in his answer, denied that he committed the parking infraction and requested the presence at the hearing of the law enforcement officer who issued the parking ticket, the officer shall be required to attend the hearing unless the hearing examiner determines that the officer's presence is not required. If the officer's presence at the hearing has been requested and the officer is unable to attend the hearing on the day and at the time scheduled, the hearing examiner may grant a reasonable continuance. The person for whom the hearing is being conducted may present any relevant evidence and testimony at the hearing. The person does not have to attend the hearing if he submits documentary evidence to the hearing examiner prior to the day of the hearing. The City of Cleveland shall submit the original parking ticket that was personally or constructively served on the person or a true copy of that ticket, and information from the Bureau of Motor Vehicles that identifies the owner of the vehicle. The ticket and the information in proper form is prima-facie evidence that the registered owner of the vehicle was the person who committed the parking infraction. The City of Cleveland may present additional evidence and testimony at the hearing. The City of Cleveland does not have to be represented at the hearing by an attorney. (b)(1) If a person for whom a hearing is to be conducted under division (a) of this section appears at the scheduled hearing or submits evidence in accordance with that division, the hearing examiner shall consider all evidence and testimony presented and shall determine whether the City of Cleveland has established, by a preponderance of evidence, that the person committed the parking infraction. If the hearing examiner determines that the person committed the infraction, an order indicating the determination as a judgment against the person and requiring the person to pay the appropriate fine and any additional penalties, fees, and costs shall be entered in the records of the Parking Violations Bureau. (2) If a person for whom a hearing is to be conducted under division (a) of this section fails to appear at the scheduled hearing and fails to submit evidence in accordance with that division, the hearing examiner shall, if he determines from any evidence and testimony presented at the hearing, by a preponderance of the evidence that the person committed the parking infraction, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties, fees, and costs. A default judgment entered under this division shall be entered in the records of the Parking Violations Bureau. (3) If a person who is sent a notification of infraction pursuant to Section hereof does not timely answer, as provided in division (c) of that section, the hearing examiner of the Parking Violations Bureau shall, if he determines from any evidence and testimony presented to him by the local authority, by a preponderance of the evidence, that the person committed the parking infraction, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties, fees, and costs. A default judgment entered under this division shall be entered in the records of the Parking Violations Bureau.

43 (4) If the hearing examiner does not determine, by a preponderance of the evidence, that a person in any of the classes described in division (b) (1), (2), or (3) of this section committed the parking infraction, the hearing examiner shall enter judgment against the City of Cleveland, shall dismiss the charge of the parking infraction against the person, and shall enter the judgment and dismissal in the records of the Parking Violations Bureau. (5) A default judgment entered under this section may be vacated by the hearing examiner who entered it if all of the following apply: (A) The person against whom the default judgment was entered files a motion with the Parking Violations Bureau within one year of the date of entry of the judgment; (B) The motion sets forth a sufficient defense to the parking infraction out of which the judgment arose; (C) The motion sets forth excusable neglect as to the person's failure to attend the hearing or answer the notification of infraction. (c) Payment of any judgment or default judgment entered against a person pursuant to this section shall be made to the Violations Clerk of the Parking Violations Bureau in which the judgment was entered within ten (10) days of the date of entry. All money paid in satisfaction of a judgment of default judgment shall be disbursed by the Violations Clerk to the City of Cleveland and the Violations Clerk shall enter the fact of payment of the money and its disbursement in the records of the Parking Violations Bureau. If payment is not made within this time period, the judgment or default judgment may be filed with the Office of the Clerk of Court, Civil Division, and when so filed, shall have the same force and effect as a money judgment in a civil action rendered in the Court. As required by division (C) of RC , judgments and default judgments filed with the Cleveland Municipal Court, Office of the Clerk of Court, Civil Division, shall be maintained in a separate index and judgment roll from other judgments rendered in that Court. Computer printouts, microfilm, microdot, microfiche, or other similar data recording techniques may be utilized to record such judgments. When a judgment or default judgment is filed with the Court, execution may be levied, and such other measures may be taken for its collection as are authorized for the collection of an unpaid money judgment in a civil action rendered in that Court. The Municipal Court may assess costs against the judgment debtor, in an amount not exceeding ten dollars ($10.00) for each parking infraction, to be paid upon satisfaction of the judgment. (d) Any person against whom a judgment or default judgment is entered pursuant to this section and the City of Cleveland if judgment is entered against the City pursuant to this section may appeal the judgment or default judgment to the Cleveland Municipal Court by filing notices of appeal with the Parking Violations Bureau and the Municipal Court within fifteen (15) days of the date of entry of the judgment and by the payment of such reasonable costs as the Court requires. Upon the filing of an appeal, the Court shall schedule a hearing date and notify the parties of the date, time, and place of the hearing. The hearing shall be held by the Court in accordance with the rules of the Court. Service of a notice of appeal under this division by a person does not stay enforcement and collection of the judgment or default judgment from which appeal is taken by the person unless the person who files the appeal posts bond with the Parking Violations Bureau in the amount of the judgment, plus court costs, at or before service of the notice of appeal. Notwithstanding any other provision of law, the judgment on appeal of the Municipal Court is final, and no other appeal of the judgment of the Parking Violations Bureau and no appeal of the judgment of the Municipal Court may be taken. (e) A judgment or default judgment entered pursuant to this section may be filed with the Municipal Court, Office of the Clerk of Court, Civil Division, under division (c) of this Section at any time within three (3) years after the date of issuance of the parking ticket charging the parking infraction out of which the judgment arose. This division applies to any ticket issued for an offense that would be a parking infraction on or after the effective date of RC , if the ticket was issued

44 within three (3) years prior to the effective date of this section and a warrant has not been issued and served on the operator or owner of the vehicle involved in that offense. (Ord. No Passed , eff ) Release of Impounded Vehicles (a) Any vehicle which has been impounded pursuant to divisions (j) or (1) of Section of these codified ordinances shall be released to the owner or other person lawfully entitled to possession upon the occurrence of one of the following: (1) If an answer to the summons and complaint is made and the answer admits the commission of the infraction, payment of the fines and penalties prescribed by Sections , , and hereof, towing, storage, and impound fees, and administrative fees and costs shall be made with respect to the infraction for which the vehicle was impounded. (2) If an answer to the summons and complaint is made and the answer admits with explanation the commission of the infraction, payment shall be made or a bond shall be posted or cash shall be deposited equal in amount to the payment specified in division (a)(1) of this section. (3) If an answer to the summons and complaint is made and the answer denies the commission of the infraction, a bond shall be posted or cash shall be deposited equal in amount to the payment specified in division (a)(1) of this section. (4) If no answer to the summons and complaint is made a bond shall be posted or cash shall be deposited equal in amount to the payment specified in division (a)(1) of this section, plus all potential additional penalties under Sections and (b) No vehicle shall be released pursuant to this section unless the person claiming ownership or lawful possession pays: (1) All unpaid parking infraction judgments and default judgments and all unpaid notices of liability under Section for red light or speeding violations, provided that the notices of liability under Section are not on appeal, that are owed by the person claiming the vehicle; and (2) All unpaid judgments or default judgments for parking infraction offenses and all unpaid notices of liability under Section for red light or speeding violations, provided that the notices of liability under Section are not on appeal, that were committed with any vehicle that had the same license plate number as the vehicle being claimed. (c) No vehicle shall be released pursuant to this section unless the person claiming ownership or lawful possession produces proof of identity and ownership. (d) Any bond posted or cash deposited for the release of a vehicle under this section shall not exceed one thousand dollars ($1,000.00). (Ord. No , 2. Passed , eff ) Nonliability of Owner (a) An owner of a vehicle is not jointly liable with an operator of the vehicle whose act or omission resulted in a parking infraction for the parking infraction or any fine, penalty, fee, processing fee, or cost arising out of the parking infraction under this chapter if either of the following apply: (1) The owner answers the charge of the parking infraction under Sections or hereof, the answer denies that he committed the infraction and requests a hearing concerning the infraction, the owner additionally asserts and provides reasonable evidence at that time to prove that the vehicle, at the time of the commission of the parking infraction, was being used by the operator without the owner's express or implied consent, and the Parking Violations Bureau determines

45 that the vehicle was being used without the owner's express or implied consent at that time. If the Parking Violations Bureau does not so determine, it shall conduct the hearing concerning the infraction according to Section hereof. (2) The owner answers the charge of the parking infraction under Sections or hereof, the answer denies that he committed the parking infraction, the owner additionally submits evidence at that time that proves that, at the time of the alleged commission of the infraction, the owner was engaged in the business of renting or leasing vehicles under written rental or lease agreements, and the owner additionally submits evidence that proves that, at the time of the alleged commission of the parking infraction, the vehicle in question was in the care, custody, or control of a person other than the owner pursuant to a written rental or lease agreement. If the owner does not so prove, the Parking Violations Bureau shall conduct a hearing relative to the infraction according to Section hereof. (3) The owner, at a hearing concerning the parking infraction conducted in accordance with Section hereof, proves that the vehicle, at the time of the parking infraction, was being used by the operator without the owner's express or implied consent or proves the facts described in division (a)(2) of this section. (b) An owner of a vehicle who is engaged in the business of renting or leasing vehicles under written rental or lease agreements, but who does not satisfy the additional requirements of division (a) (2) of this section is not liable for any penalties or processing fees arising out of a parking infraction involving the vehicle if at the time of the commission of the parking infraction, the vehicle was in the care, custody, or control of a person other than the owner pursuant to a written rental or lease agreement, and if the owner answers the charge of the parking infraction by denying that he committed the parking infraction or by paying the fine arising out of the parking infraction within thirty (30) days after actual receipt of the parking ticket charging the infraction or, if the owner did not receive the parking ticket, within thirty (30) days after receipt of the notification of infraction. Proof that the vehicle was in the care, custody, or control of a person other than the owner pursuant to a written rental or lease agreement at the time of the alleged parking infraction shall be established by sending a true copy of the rental or lease agreement or an affidavit to that effect to the Parking Violations Bureau within thirty (30) days after the date of receipt by the owner of the parking ticket charging the infraction or, if the owner did not receive the parking ticket, within thirty (30) days after receipt of the notification of infraction. The submission of a true copy of a written rental or lease agreement or affidavit shall be prima-facie evidence that a vehicle was in the care, custody, or control of a person other than the owner. The affidavit authorized by this section shall be accompanied by a postage paid, self-addressed envelope, shall be in a form the registrar of motor vehicles shall prescribe, and shall include space for the Parking Violations Bureau to indicate receipt of the affidavit. Within thirty (30) days of receipt of the affidavit, the Parking Violations Bureau shall return a receipted copy of the affidavit to the rental or lease company. In addition, any information required by division (a) (2) of this section may be provided on magnetic tape or another computer readable media in a format acceptable to the City of Cleveland or the Violations Clerk. (Ord. No Passed , eff ) Parking Ticket Adopted The parking ticket to be used as the summons and complaint by law enforcement officers in all cases in which a person is charged with a parking infraction within the City of Cleveland shall be in substantially the following form:

46 (Ord. No Passed , eff ) Note: Pursuant to Section 4 of Ord. No , Section , as amended by Ord. No , took effect on March 11, Parking Infraction Fines (a) The fine for committing a parking infraction, unless another fine is established by divisions (b) or (c) of this section, is hereby established to be twenty-five dollars ($25.00), except that the fine for a rush hour parking infraction shall be thirty-five dollars ($35.00). (b) The fine for violating each of the following sections of the Codified Ordinances of Cleveland. Ohio, 1976, whether or not committed during rush hour, is hereby established to be fifty dollars ($50.00): Statutory Prohibited Standing or Parking Places, division (d), division (e) and division (j) only; Fire Lanes on Public and Private Property, division (b) and division (c) only; Between Sidewalk and Setback Line; Tree Lawn and Private Driveway, division (a) only; Parking Vehicles on Vacant Lots Prohibited, division (b) only;