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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 238
2025-2026
Representatives Rogers, Lorenz
To
amend
sections 4521.01 and 4521.08 and to
enact
section 4521.20 of the Revised Code
to
establish specified parking requirements.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
4521.01 and 4521.08 be amended and
section
4521.20 of the Revised Code be enacted to read as follows:
Sec.
4521.01.
As
used in this chapter:
(A)
"Parking infraction" means a violation of any ordinance,
resolution, or regulation enacted by a local authority that regulates
the standing or parking of vehicles and that is authorized pursuant
to section 505.17 or 4511.07 of the Revised Code, or a violation of
any ordinance, resolution, or regulation enacted by a local authority
as authorized by this chapter, if the local authority in either of
these cases also has enacted an ordinance, resolution, or regulation
of the type described in division (A) of section 4521.02 of the
Revised Code in relation to the particular regulatory ordinance,
resolution, or regulation.
(B)
"Vehicle" has the same meaning as in section 4511.01 of the
Revised Code.
(C)
"Court" means a municipal court, county court, juvenile
court, or mayor's court, unless specifically identified as one of
these courts, in which case it means the specifically identified
court.
(D)
"Local authority" means every county, municipal
corporation, township, or other local board or body having authority
to adopt police regulations pursuant to the constitution and laws of
this state.
(E)
"Accessible parking space" means a motor vehicle parking
location that is reserved for the exclusive standing or parking of a
vehicle that is operated by or on behalf of a person with a
disability that limits or impairs the ability to walk and displays a
placard or license plates issued under section 4503.44 of the Revised
Code.
(F)
"Person with a disability that limits or impairs the ability to
walk" has the same meaning as in section 4503.44 of the Revised
Code.
(G)
"Parking zone" means a defined area in a municipal
corporation or township in which multiple vehicles may park for a
definite period of time upon payment of a fee at a centralized kiosk
or other type of device that accepts payment for parking within the
defined area.
Sec.
4521.08.
(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
the person's
answer to the charge denies
that
he
having
committed the infraction, the parking violations bureau, joint
parking violations bureau, or traffic violations bureau, or the
juvenile court, that has jurisdiction 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 or joint parking violations bureau, a hearing
examiner or referee of the traffic violations bureau, or a referee of
the juvenile court. Each hearing shall be conducted in such manner as
the hearing examiner or referee 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 local authority whose ordinance, resolution, or
regulation allegedly was violated and resulted in the charge 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
the person's
answer, denied
that
he
having
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 or referee 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 or referee 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
the person
submits documentary evidence to the hearing examiner or referee prior
to the day of the hearing.
The
local authority 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
local authority may present additional evidence and testimony at the
hearing. The local authority 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 or referee
shall consider all evidence and testimony presented and shall
determine whether the local authority has established, by a
preponderance of the evidence, that the person committed the parking
infraction. If the hearing examiner or referee 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 shall
be entered in the records of the parking violations bureau, joint
parking violations bureau, or traffic violations bureau, or the
juvenile court, whichever is applicable.
(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 or referee shall,
if
he determines
after determining
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.
A default judgment entered under this division shall be entered in
the records of the parking violations bureau, joint parking
violations bureau, or traffic violations bureau, or the juvenile
court, whichever is applicable.
(3)
If a person who is sent a notification of infraction pursuant to
section 4521.07 of the Revised Code does not timely answer, as
provided in division (C) of that section, the hearing examiner of the
parking violations bureau or joint parking violations bureau, the
hearing examiner or referee of the traffic violations bureau, or the
referee of the juvenile court, whichever is applicable, shall,
if
he determines
after determining
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. A default judgment entered under this
division shall be entered in the records of the parking violations
bureau, joint parking violations bureau, or traffic violations
bureau, or the juvenile court, whichever is applicable.
(4)
If the hearing examiner or referee 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 or referee shall enter
judgment against the local authority whose ordinance, resolution, or
regulation allegedly was violated, shall dismiss the charge of the
parking infraction against the person, and shall enter the judgment
and dismissal in the records of the traffic violations bureau, joint
parking violations bureau, or parking violations bureau, or the
juvenile court, whichever is applicable.
(5)
A default judgment entered under this section may be vacated by the
hearing examiner or referee who entered it if all of the following
apply:
(a)
The person against whom the default judgment was entered files a
motion with the proper parking violations bureau, joint parking
violations bureau, or traffic violations bureau, or the proper
juvenile court 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, joint parking violations bureau, or
traffic violations bureau, or to the clerk of the juvenile court, in
which the judgment was entered within ten days of the date of entry.
All money paid in satisfaction of a judgment or default judgment
shall be disbursed by the clerk to the local authority whose
ordinance, resolution, or regulation was violated, and the clerk
shall enter the fact of payment of the money and its disbursement in
the records of the bureau or juvenile court. If payment is not made
within this time period, the judgment or default judgment may be
filed with the clerk of the municipal court or county court within
whose territorial jurisdiction the ordinance, resolution, or
regulation was violated, and when so filed, shall have the same force
and effect as a money judgment in a civil action rendered in that
court.
Judgments
and default judgments filed with a court pursuant to this division
shall be maintained in a separate index and judgment roll from other
judgments rendered in the 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 a 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 or county court may assess costs against
the judgment debtor, in an amount not exceeding ten dollars 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 any local authority against whom a
judgment is entered pursuant to this section may appeal the judgment
or default judgment to the municipal court or county court within
whose territorial jurisdiction the ordinance, resolution, or
regulation was violated if the judgment or default judgment was
entered by a bureau, or to a judge of the juvenile court within whose
territorial jurisdiction the ordinance, resolution, or regulation was
violated if the judgment or default judgment was entered by a referee
of a juvenile court, by filing notices of appeal with the parking
violations bureau, joint parking violations bureau, or traffic
violations bureau, or the referee of the juvenile court, in which the
judgment was entered, and the municipal or county court or the clerk
of the juvenile court within
fifteen
days
three
years
of
the date of entry of the judgment and by the payment of such
reasonable costs as the court or juvenile judge requires. Upon the
filing of an appeal, the court or juvenile judge 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 or juvenile judge
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, joint parking violations bureau,
or traffic violations bureau, or the juvenile court, 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
or county court or of the juvenile judge is final, and no other
appeal of the judgment of the parking violations bureau, joint
parking violations bureau, or traffic violations bureau, or of the
referee of the juvenile court, whichever is applicable, and no appeal
of the judgment of the municipal or county court or of the juvenile
judge may be taken.
(E)
A judgment or default judgment entered pursuant to this section may
be filed with a municipal court or county court under division (C) of
this section at any time within
three
four
years
after the date of issuance of the parking ticket charging the parking
infraction out of which the judgment arose. This
division
section
applies
to any ticket issued for
an
offense that would be
a
parking infraction on or after the effective date of this
section,
if
amendment.
If
the
ticket was issued
within
three 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 the offense
amendment,
the version of this section that existed prior to that date applies
that ticket
.
Sec.
4521.20.
(A)
The director of public safety shall adopt standards that authorize a
person to pay parking fees at a parking meter by multiple payment
methods, including cash, coin, credit card, quick response code, or
other methods selected by the director. However, in all
circumstances, a person may pay parking fees at a parking meter by
using cash, coin, or credit card, as an alternative to any other
specified payment method.
(B)
When paying to park in a parking zone, an individual shall not be
required to identify or provide information about the parking space
in which the individual's vehicle is parked.
(C)(1)
A parking violations bureau, joint parking violations bureau, or
traffic violations bureau shall rescind a parking ticket if both of
the following apply:
(a)
The bureau issues the ticket within three minutes of the time at
which an individual parked within a parking zone;
(b)
The individual pays for parking in the parking zone within that
three-minute period.
(2)
Failure of a parking violations bureau, joint parking violations
bureau, or traffic violations bureau to comply with division (C)(1)
of this section is prima facie evidence under 4521.08 of the Revised
Code that the individual to whom the parking ticket was issued did
not commit the parking infraction.
Section
2.
That
existing sections 4521.01 and 4521.08 of the Revised Code are hereby
repealed.