The below thread when this all started is getting to be above 50 comments and someone who hasn’t had the time to read through all of it will not be updated as to where we are now. Yes, Toledo once again got national media attention on an issue that is creating lots of emails and lots of calls. City Council has gotten quite a few calls on this issue, I’m certain the Mayor’s office has as well. Here’s the brief overview, it is legal for the City to issue tickets on this in the manner in which they were given. It’s also appears to really be illegal in the City of Toledo to park in a driveway unless it is concrete or asphalt. It appears from looking at the changes that were made to a huge portion of the Zoning ordinances in 2004 that this was approved by Toledo City Council by a vote of 11 to one.
As for the vote on passage: Gerken, Grachek, Kapszukiewicz, Ludeman, McCloskey, McConnell, Sarantou, Szollosi, Ashford, Brown, Esbobar (11) voting yea; Shultz (1) voting nay. Mayor Jack Ford signed this ordinance into law.
The easiest solution? An amendment to that section excluding all homes built before whatever date they come up with that would prevent scores of homeowners and tenants who live in residential homes where the driveway is gravel or brick (though you could try to argue brick was dust free) and has been prior to 2004. I’ve already suggested to several members of council this as a solution.
From what has been written in the comments of the other thread, at least one person was ticketed for this in 2006. Why that didn’t become an issue then and was fixed then, I don’t know but since it’s obvious this is an issue where quite a few Toledo residents only way to avoid breaking the law is to pay for new driveways to be installed? It’s clear that would create a hardship.
People have called and emailed to City Council and to me from outside of the Toledo area that this type of enforcement would keep them from ever wanting to move to Toledo. It doesn’t appear from what I’ve read in the hundreds of pages of documentation from 2004 when this was changed this was purposeful, granted I’m not done yet, but so far it doesn’t appear to be purposeful. It appears to be a scenario where the law of unintended consequences happened, but now that it is getting attention? There’s no reason to not fix it…Nor was there really any reason to ticket, while it is written as a law, it’s pretty certain that those gravel driveways have been there for quite some time…
The Blade has an update where it’s stated the City’s power to issue tickets is going to be raised in court by Dan Wagner and Councilman Collins and Wagner both believing gravel is an approved driveway, linked here:
Both Mr. Collins and Mr. Wagner said crushed stone surfaces are a type of pavement.
That’s now however how the actual ordinance is phrased:
1107.1906 Surfacing and Drainage.
Off-street parking and loading spaces, parking lots, maneuvering areas, aisles and driveways must be surfaced with concrete, bituminous asphalt, or other dust-free material other than gravel or loose fill, and be graded to drain all surface water towards the interior of the parking lot.
Updated media links, Fox Toledo where Councilman Collins says this is an abuse of power; WTVG Councilman Collins speaks against parking tickets; NBC24 Councilman Collins comparison of the city of Toledo to a psych ward; which to be accurate he compared it to:
“Dealing in an environment we live in, the city of Toledo with the head of the community being Carleton S. Finkbeiner, he is never wrong and those who worship him it’s like the movie ‘One Flew Over The Cuckoo’s Nest’,” Councilman Collins said. “They find an attraction and an affinity for one another.”