Except as otherwise provided in this Chapter, every vehicle
stopped or parked upon a roadway where there are adjacent curbs shall
be so stopped or parked with the right-hand wheels of such vehicle
parallel to and within eighteen (18) inches of the right-hand curb.
On those streets which have been signed or marked by the City
Traffic Engineer for angle parking, no person shall park or stand
a vehicle other than at the angle to the curb or edge of the roadway
indicated by such signs or markings.
[R.O. 2012 §350.060; Ord. No. 543 §1, 3-1-2005]
A. It
shall be unlawful for the owner of any motor vehicle to, or suffer
another to, leave a motor vehicle on any public or private property,
including, but not limited to, any public or private street, alley,
driveway or parking lot, with the engine running. Violation of this
Section shall be an infraction subjecting the violator to a fine not
to exceed two hundred dollars ($200.00).
B. It shall be an affirmative defense to a charge of violating Subsection
(A) of this Section if any of the following circumstances pertain at the time of the alleged offense:
1. All doors or other access to the interior of the vehicle were locked
and windows closed.
2. No keys to operate the engine of the vehicle were inside vehicle
and the vehicle had a function cut-off or kick switch installed so
as to prohibit engaging the transmission without using the ignition
key for the vehicle in question.
3. The vehicle was located in a garage closed and locked in such a way
as to prohibit unauthorized access.
4. There was in use in the vehicle some recognized commercial form of
passive theft deterrent such as a metal bar locked onto the steering
wheel to effectively disable the steering system.
C. The
defendant shall bear the burden of persuasion as to any affirmative
defense to establish that the defense is more probably true than not.
D. Violation
of this Section shall not mitigate the offense of stealing such unattended
motor vehicle, nor shall such violation be used to defeat a recovery
in any civil action for the theft of such motor vehicle or the insurance
thereon or have any other bearing in any civil action.