BOARDMAN TOWNSIiIP TRUSTEES, MAHONINP COUNTY, OHIO
RESOLUTION AMENDING BOARDMAN TOWNSHIP PARKING DISTRICT
The Board of Trustees of Boardman Township, Mahoning County, Ohio met in Regular Session at the Boardman Township Government Center on the 24th day of August, 2015, with the following members present: Thomas P. Costello, Brad Calhoun, Larry Molitemo.
Moved Mr. Larry Moliterno, to approve and adopt Resolution #15–08-24-16 as follows:
WHEREAS, Ohio Revised Code §505.17 authorizes the Board of Township Trustees to make regulations and orders as are necessary to control all vehicle parking,in the unincorporated areas of the Townsbip; and
WHEREAS, on June 23,1993, the Board of Township Trustees of Boardman Township, Mahoning County, Ohio, adopted non-criminal parking infractions and fines pursuant to Section 505.17 of the Revised Code and Chapter 4521 of the Ohio Revised Code to control vehicle parking within the unincorporated areas of the Township; and
WHEREAS, on July 1, 2015, the Board of Township Trustees adopted Resolution #15-07-01-10 regulating parking on grass portions of residential property and codified a violation of this resolution as “Code 1.20 Parking on grass of residential lot” to become an addition to the Resolution enacted on, by the Board of Township Trustees on June 23, 1993; and
WHEREAS, it is the desire of the Board of Township Trustees to make additions to the Boardman Township Parking District to include regulating parking on grass portions of residential property as detailed in Resolution #15-07-01-10 and adopted by the Board of Township Trustees on July 1, 2015: and
WHEREAS, it is also the desire ofthe Board of Township Trustees to make amendments to the Boardman Township Parking District and to amend Section 2.0 Impoundments/Immobilizations; Section 6.0 Violations; Penalties, Fines; Section 8.0 Hearing Examiner; and Section 9.0 Ohio Fire Code Amended.
NOW, THEREFORE BE IT RESOLVED by the Board of Township Trustees of Boardman Township, Mahoning County, Ohio, that the Boardman Township Parking District shall be amended to include Section 1.20 Parking on the grass of residential lot and amendments to Sections 2.0, 6.0,8.0, and 9.0 and shall read as follows:
BE IT FURTHER RESOLVED, that pursuant to Ohio Revised Code Section 4521.04, Boardman Township requested and obtained authorization on May 4, 1993, from Mahoning County Area #2, Judge Robert Lisotto, and the Mahoning County Clerk of Courts, Anthony Vivo, to establish a parking violations bureau. The Township Parking Violation Bureau was established on June 23, 1993. The Violations Bureau shall handle all parking infractions in violation of this resolution occurring within the unincorporated area of Boardman Township.
1.01 Handicapped Parking Violation
No person shall stop, park, or leave standing any vehicle, whether attended or unattended, at any
time, in any handicapped space designated as such in violation of Ohio Revised Code 4511.69(E)-(H), the language of which is incorporated herein by reference.
No person shall stop, park or leave standing any vehicle, whether attended or unattended at any
time, under the following conditions: The language of which the following violations is designated in violation of Ohio Revised Code Sections 4511.66, 4511.68, 4511.681, 4511.69 and 4513.10 and Boardman Township Resolution #15-07-01-10 passed on July 1,2015.
1.02 In a designated fire lane
1.03 On a·sidewalk.
1.04 Blocking a driveway
1.05 Within an intersection
1.06 Within 10’ of a fire hydrant
1. 07 On a crosswalk
1. 07A Within 20’ of a crosswalk
1.08 Within 30’ofa traffic control device
1.09 Within 50’ of a railroad crossing
1.10 Where prohibited by a no parking sign
1.11 On the street when 4” of snow or more has fallen
1.12 No lights after dark
1.13 Alongside any vehicle stopped or parked at the curb
1.14 Upon a bridge or overpass
1.15 Parked as to obstruct traffic
1.16 Parking on posted private property without owners consent
1.17 Parking on private property in violation of any posted condition or regulation of the
owner of the property
1.18 Facing traffic
1.19 In excess of 12” from a curb
1.20 Parking on grass of residential lot
Vehicles found standing or parked in violation of this resolution may be impounded or immobilized pursuant to 4521.02(B) of the Ohio Revised Code. In order to obtain release of an impounded or immobilized vehicle; the owner of the vehicle is required to post bond and pay all costs of impoundment not to exceed the limits stated in 4521.02(B) of the Ohio Revised Code.
3.0 Parking Ticket
The Boardman Police Department Parking Violation shall be used as the parking ticket issued
under this resolution. The procedure for issuing parking tickets shall be governed by Ohio Revised Code Chapter 4521, which is incorporated herein.
4.0 Registered Owner Prima Facie Liable for unlawful parking
In any hearing on a charge of illegally parking a motor vehicle, testimony that a vehicle bearing a certain license plate was found unlawfully parked as prohibited by the provisions of this Traffic Code, and further testimony that the record of the Ohio Registrar of Motor Vehicles shows that the license plate was issued to the defendant, shall be prima facie evidence that the vehicle was unlawfully parked, and was so parked by the defendant. A certified registration copy, showing such fact, from the Registrar shall be proof of such ownership.
5.0 Answering Parking Ticket
A person who is issued a parking ticket under this resolution shall answer the parking ticket within ten days of receipt thereof.
6.0 Violations, Penalties, Fines
The fines or penalties applicable to parking infraction violations shall be the following: The fine
for a violation of 1.01 (Handicapped Parking Violation) will be $250.00. The fine for all other violations will be $25.00. Failure to pay the appropriate fine within 10 days of the date of
issuance will result in the fine cost being doubled.
7.0 Violations Clerk
The clerical staff of the Boardman Police Department Record Room shall serve as ticket bureau violation clerks.
8.0 Healing Examiner
A hearing examiner shall be appointed by the Boardman Township Trustees.
9.0 Ohio Fire Code Amended
Section 1301:7-7-05, 503.2.1, 503.3, 503.4, 507.5.4, 507.5.5 of the Ohio Fire Code is hereby amended to read as follows: Where a fire lane shall be deemed necessary by the Boardman Township Fire Department, a minimum of a 20 ft. fire lane and tow away zone shall be established by the property owners around the subject stucture and a 15 ft. clearance shall be in effect at all private hydrants and fire department connections.
This section shall be enforced by the Boardman Township Police and Fire Departments.
BE IT FURTHER RESOLVED. that Boardman Township established a Parking Violations Bureau pursuant to Ohio Revised Code Chapter 4521. Violations of this Resolution shall not be considered criminal offenses and shall be handled pursuant to Chapter 4521 of the Revised Code.
Fines levied and collected under this section shall be paid into the Township General Revenue Fund.
BE IT FURTIffiR RESOLVED, pursuant to Ohio Revised Code §505.17(B)(1), thls Resolution established by the Board of Trustees shall be posted by the Township Fiscal Officer in five conspicuous public places in the Township for thirty days before becoming effective, and shall be published in a newspaper of general circulation in the Township for three consecutive weeks.
By Order of the Boardman Township Trustees:
Thomas P. Costello, Trustee
Brad Calhoun, Trustee
Larry Moliterno, Trustee
William D. Leicht, Fiscal Officer