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Fairborn City Zoning Code

PART THREE

TRAFFIC CODE

301.01 MEANING OF WORDS AND PHRASES.
   The following words and phrases when used in this Traffic Code, except as otherwise provided, shall have the meanings respectively ascribed to them in this chapter.
301.02 AGRICULTURAL TRACTOR AND TRACTION ENGINE.
   “Agricultural tractor” and “traction engine” means every self-propelled vehicle designed or used for drawing other vehicles or wheeled machinery, but having no provision for carrying
loads independently of such other vehicles, and used principally for agricultural purposes.
(ORC 4511.01(J))
301.03 ALLEY.
   “Alley” means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts, and not intended for the purpose of through vehicular traffic, and any street or highway that has been declared an “alley” by the Legislative Authority of the municipality in which the street or highway is located.
(ORC 4511.01(XX))
301.04 ARTERIAL STREET OR HIGHWAY.
   “Arterial street or highway” means a street or highway primarily used by through traffic, usually on a continuous route or a street or highway designated as part of an arterial system.
(ORC 4511.01(CCC))
301.05 AUTOCYCLE.
   “Autocycle” has the same meaning as in Ohio R.C. 4501.01.
(ORC 4511.01(LLLL))
301.06 BEACON.
   “Beacon” means a highway traffic signal with one or more signal sections that operate in a flashing mode. (ORC 4511.01(KKK))
301.07 BICYCLE.
   “Bicycle” means a pedal-powered vehicle upon which a human operator sits, including an electric bicycle. (ORC 4511.01(G))
301.08 BICYCLE BOX.
   “Bicycle box” means a designated area on the approach to a signalized intersection, between an advance motorist stop line and the crosswalk or intersection, that is intended to provide bicyclists a visible location to wait in front of stopped motorists during the red signal phase.
(ORC 4511.01(BBBB))
301.09 BICYCLE LANE.
   “Bicycle lane” means a portion of a roadway that has been designated for preferential or exclusive use by bicyclists and is often delineated from the adjacent general purpose lanes by longitudinal pavement markings and either a bicycle lane symbol, words, or signs. The term includes all of the following:
   (a)   A buffer-separated bicycle lane, which is separated from the adjacent general-purpose lanes by a pattern of standard longitudinal pavement markings that are wider than a normal or wide-lane pavement marking;
   (b)   A counter-flow bicycle lane, which is a one directional bicycle lane that provides a lawful path of travel for bicycles in the opposite direction from the general traffic on a roadway that otherwise requires the general traffic to travel in only one direction. A counter-flow bicycle lane is designated by the traffic control devices used for other bicycle lanes;
   (c)   A separated bicycle lane, which is an exclusive facility for bicyclists that is located within or directly adjacent to the roadway and is physically separated from the motor vehicle traffic with a vertical element.
      (ORC 4511.01(DDDD))
301.10 BICYCLE SIGNAL FACE.
   “Bicycle signal face” means a signal face that displays only bicycle symbol signal indications in accordance with Ohio R.C. 4511.15 that exclusively controls a bicyclist’s movement from a designated bicycle lane or from a separate facility, and that displays signal indications that are applicable only to a bicyclist’s movement.
(ORC 4511.01(EEEE))
301.11 BICYCLE SIGNAL SIGN.
   “Bicycle signal sign” means a sign meant to inform road users that the signal indications in the bicycle signal face are intended only for bicyclists, and to inform bicyclists which bicyclist movements are controlled by that bicycle signal face.
(ORC 4511.01(FFFF))
301.12 BIKEWAY.
   “Bikeway” means any road, street, path, or way that in some manner is specifically designated for bicycle travel, regardless of whether the facility is designated for the exclusive use of bicycles or if it is shared with other modes of transportation.
(ORC 4511.01(GGGG))
301.13 BUS.
   “Bus” means every motor vehicle designed for carrying more than nine passengers, and used for the transportation of persons other than in a ridesharing arrangement, and every motor vehicle, automobile for hire, or funeral car, other than a taxicab or motor vehicle used in a ride-sharing arrangement, designed and used for the transportation of persons for compensation.
(ORC 4511.01(L))
301.14 BUSINESS DISTRICT.
   “Business district” means the territory fronting upon a street or highway, including the street or highway, between successive intersections within the municipality, where fifty percent (50%) or more of the frontage between successive intersections is occupied by buildings in use for business, or within or outside the municipality where fifty percent (50%) or more of the frontage for a distance of 300 feet or more is occupied by buildings in use for business, and the character of the territory is indicated by official traffic-control devices.
(ORC 4511.01(NN))
301.15 BUSWAY.
   “Busway” means a traveled way that is used exclusively by buses.
(ORC 4511.01(HHHH))
301.16 CAB-ENCLOSED MOTORCYCLE.
   “Cab-enclosed motorcycle” has the same meaning as in Ohio R.C. 4501.01.
301.17 CHAUFFEURED LIMOUSINE.
   “Chauffeured limousine” means a motor vehicle that is designed to carry nine or fewer passengers and is operated for hire pursuant to a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person hiring the
vehicle and not over a defined and regular route. “Prearranged contract” means an agreement, made in advance of boarding, to provide transportation from a specific location in an chauffeured limousine. The term does not include any vehicle that is used exclusively in the business of funeral directing. (ORC 4511.01(LL))
301.18 CHILD CARE CENTER.
   “Child care center” has the same meaning as set forth in Ohio R.C. 5104.01.
(ORC 4511.01(FFF))
301.19 COMMERCIAL TRACTOR.
   “Commercial tractor” means every motor vehicle having motive power designed or used for drawing other vehicles, and not so constructed as to carry any load thereon, or designed or used for drawing other vehicles while carrying a portion of the other vehicles, or the load thereon, or both. (ORC 4511.01(I))
301.20 CONTROLLED-ACCESS HIGHWAY.
   “Controlled-access highway” means every street or highway in respect to which owners or occupants of abutting lands and other persons have no legal right or access to or from the same except at certain points only and in a manner as may be determined by the public authority having
jurisdiction over the street or highway.
(ORC 4511.01(CC))
301.21 CROSSWALK.
   “Crosswalk” means:   
   (a)    That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or, in the absence of curbs, from the edges of the traversable roadway, and in the absence of a sidewalk on one side of the roadway, the part of a roadway included within the extension of the lateral lines of the sidewalk at right angles to the center line;
   (b)   Any portion of a roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface, which might be supplemented by contrasting pavement texture, style, or color;
   (c)   Notwithstanding subsections (a) and (b) of this definition, the term does not include an area where local authorities have placed signs indicating no crossing.
      (ORC 4511.01(LL))
301.22 DRIVER OR OPERATOR.
   “Driver” or “operator” means any person who drives or is in actual physical control of a vehicle. (ORC 4511.01(Y))
301.23 DRIVEWAY.
   “Driveway” means an access from a roadway to a building, site, or abutting property.
(ORC 4511.01(IIII))
301.24 ELECTRIC BICYCLE.
   “Electric bicycle” means a “class 1 electric bicycle”, a “class 2 electric bicycle”, or a “class 3 electric bicycle” as defined below.
   (a)   CLASS 1 ELECTRIC BICYCLE. Means a bicycle that is equipped with fully operable pedals and an electric motor of less than 750 watts that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour.
   (b)   CLASS 2 ELECTRIC BICYCLE. Means a bicycle that is equipped with fully operable pedals and an electric motor of less than 750 watts that may provide assistance regardless of whether the rider is pedaling and is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour.
   (c)   CLASS 3 ELECTRIC BICYCLE. Means a bicycle that is equipped with fully operable pedals and an electric motor of less than 750 watts that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour.
      (ORC 4511.01(SSS) - (VVV)
301.25 ELECTRONIC.
   “Electronic” has the same meaning as in Ohio R.C. 4501.01.
301.26 EMERGENCY VEHICLE.
   “Emergency vehicle” means emergency vehicles of municipal, township or county departments or public utility corporations, when identified as such as required by law, the Director of Public Safety, or local authorities, and motor vehicles when commandeered by a police officer.
(ORC 4511.01(D))
301.27 EXPLOSIVES.
   “Explosives” means any chemical compound or mechanical mixture that is intended for the purpose of producing an explosion that contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by a detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, such that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, or of destroying life or limb. Manufactured articles shall not be held to be explosives when the individual units contain explosives in limited quantities of such nature or in such packing that it is impossible to procure a simultaneous or a destructive explosion of the units, to the injury of life, limb, or property by fire, friction, concussion, percussion, or by a detonator, such as fixed ammunition for small arms, firecrackers, or safety fuse matches. (ORC 4511.01(T))
301.28 EXPRESSWAY.
   “Expressway” means a divided arterial street or highway for through traffic with full or partial control of access with an excess of fifty percent (50%) of all crossroads separated in grade.
(ORC 4511.01(ZZ))
301.29 FARM MACHINERY.
   “Farm machinery” has the same meaning as in Ohio R.C. 4501.01.
301.30 FLAMMABLE LIQUID.
   “Flammable liquid” means any liquid which has a flash point of 70°F or less, as determined by a tagliabue or equivalent closed cup test device.
(ORC 4511.01(U))
301.31 FREEWAY.
   “Freeway” means a divided multi-lane highway for through traffic with crossroads separated in grade and with full control of access.
(ORC 4511.01(YY))
301.32 FUNERAL ESCORT VEHICLE.
   “Funeral escort vehicle” means any motor vehicle, including a funeral hearse, while used to facilitate the movement of a funeral procession.
(ORC 4511.01(WW))
301.33 GROSS WEIGHT.
   “Gross weight” means the weight of a vehicle plus the weight of any load thereon.
(ORC 4511.01(V))
301.34 HIGHWAY MAINTENANCE VEHICLE.
   “Highway maintenance vehicle” means a vehicle used in snow and ice removal or road surface maintenance, including a snow plow, traffic line striper, road sweeper, mowing machine, asphalt distributing vehicle, or other such vehicle designed for use in specific highway maintenance activities.
(ORC 4511.01(QQQ))
301.35 HIGHWAY TRAFFIC SIGNAL.
   “Highway traffic signal” means a power-operated traffic control device by which traffic is warned or directed to take some specific action. The term includes a beacon, an in-road warning light, a lane-use control signal, and a traffic control signal. The term does not include a power-operated sign, steadily illuminated pavement marker, gate, flashing light signal, warning light, or steady burning electric lamp.
(ORC 4511.01(MMM))
301.36 HYBRID BEACON.
   “Hybrid beacon” means a special type of beacon that is intentionally placed in a dark mode where no indications are displayed between periods of operation and, when operated, displays both steady and flashing highway traffic signal indications. The term includes both of the following:
   (a)   An emergency-vehicle hybrid beacon used to warn and control traffic at an otherwise unsignalized location to assist authorized emergency vehicles in entering or crossing a street or highway;
   (b)   A pedestrian hybrid beacon used to warn and control traffic at an otherwise unsignalized location to assist pedestrians in crossing a street or highway at a marked crosswalk.
      (ORC 4511.01(LLL))
301.37 IN-ROAD WARNING LIGHT.
   “In-road warning light” means a special type of highway traffic signal that is installed in the roadway surface to warn road users that they are approaching a condition on or adjacent to the roadway that might not be readily apparent and might require the road users to reduce speed or come to a complete stop.
(ORC 4511.01(ZZZ))
301.38 INTERSECTION.
   “Intersection” means:
   (a)    The area embraced within the prolongation or connection of the lateral curb lines, or, if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways that join at any other angle might come into conflict. The junction of an alley, driveway, or site roadway open to public travel with a public roadway or highway does not constitute an intersection, unless the public roadway or highway at the junction is controlled by a traffic control device.
   (b)    If a highway includes two roadways separated by a median, then every crossing of each roadway of such divided highway by an intersecting highway constitutes a separate intersection if the opposing left-turn paths cross and there is sufficient interior storage for the design vehicle. As used in this division, “design vehicle” means the longest vehicle authorized under Ohio R.C. 5577.05 to operate on that roadway without a permit.
   (c)   At a location controlled by a highway traffic signal, regardless of the distance between the separate intersections as described in subsection (b) of this definition:
      (1)    If a stop line, yield line, or crosswalk has not been designated on the roadway within the median between the separate intersections, the two intersections and the roadway and median constitute one intersection.
      (2)    Where a stop line, yield line, or crosswalk is designated on the roadway on the intersection approach, the area within the crosswalk and any area beyond the designated stop line or yield line constitute part of the intersection.
      (3)   Where a crosswalk is designated on a roadway on the departure from the intersection, the intersection includes the area that extends to the far side of the crosswalk. (ORC 4511.01(KK))
301.39 LANE-USE CONTROL SIGNAL.
   “Lane-use control signal” means a signal face or comparable display on a full-matrix changeable message sign that displays indications to permit or prohibit the use of specific lanes of a roadway or a shoulder where driving is sometimes authorized or to indicate the impending
prohibition of such use.
(ORC 4511.01(AAAA))
301.40 LANED HIGHWAY.
   “Laned highway” means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.
(ORC 4511.01(GG))
301.41 LIMITED DRIVING PRIVILEGES.
   “Limited driving privileges” has the same meaning as in Ohio R.C. 4501.01.
301.42 LOCAL AUTHORITIES.
   “Local authorities” means every county, municipal, and other local board or body having authority to adopt police regulations under the Constitution and laws of this state.
(ORC 4511.01(AA))
301.43 LOW-SPEED MICROMOBILITY DEVICE.
   “Low-speed micromobility device” means a device weighing less than 100 pounds that has handlebars, is propelled by an electric motor or human power, and has an attainable speed on a paved level surface of not more than twenty miles per hour when propelled by the electric motor.
(ORC 4511.01(WWW))
301.44 MEDIAN.
   “Median” means the portion of a highway separating opposing directions of the traveled way or the area between two roadways of a divided highway, measured from edge of traveled way to edge of traveled way. The median excludes turn lanes. The width of a median may be different between intersections, interchanges, and at opposite approaches of the same intersection.
(ORC 4511.01(NNN))
301.45 MOTOR-DRIVEN CYCLE OR MOTOR SCOOTER.
   “Motor-driven cycle or motor scooter” has the same meaning as in Ohio R.C. 4501.01.
301.46 MOTOR VEHICLE.
   “Motor vehicle” means every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, electric bicycles, road rollers, traction engines, power shovels, power cranes and other equipment used in construction work, and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
(ORC 4511.01(B))
301.47 MOTORCYCLE.
   “Motorcycle” means every motor vehicle, other than a tractor, having a seat or saddle for the use of the operator and designed to travel on not more than three wheels in contact with the ground, including but not limited to motor vehicles known as “motor-driven cycle”, “motor scooter”, “autocycle”, “cab-enclosed motorcycle”, or “motorcycle” without regard to weight or brake horsepower. (ORC 4511.01(C))
301.48 MOTORIZED BICYCLE OR MOPED.
   “Motorized bicycle” or “moped” means any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that may be pedaled, and that is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces not more than one brake horsepower and is capable of propelling the vehicle at a speed of not greater than twenty miles per hour on a level surface. The terms do not include an electric bicycle.
(ORC 4511.01(H))
301.49 MOTORIZED WHEELCHAIR.
   “Motorized wheelchair” means any self-propelled vehicle designed for, and used by, a person with a disability and that is incapable of a speed in excess of eight miles per hour.
(ORC 4511.01(EEE))
301.50 MULTI-WHEEL AGRICULTURAL TRACTOR.
   “Multi-wheel agricultural tractor” means a type of agricultural tractor that has two or more wheels or tires on each side of one axle at the rear of the tractor, is designed or used for drawing other vehicles or wheeled machinery, has no provision for carrying loads independently of the drawn vehicles or machinery, and is used principally for agricultural purposes.
(ORC 4511.01(GGG))
301.51 NATURAL RESOURCES OFFICER.
   “Natural resources officer” means an officer appointed pursuant to Ohio R.C. 1501.24.
(ORC 4511.01(XXX))
301.52 OPERATE.
   “Operator” means to cause or have caused movement of a vehicle.
(ORC 4511.01(HHH))
301.53 PARKED OR PARKING.
   “Parked” or “parking” means the standing of a vehicle upon a street, road, alley, highway or public ground, whether accompanied or unaccompanied by a driver, but does not include the temporary standing of a vehicle for the purpose of and while actually engaged in loading or loading merchandise or passengers.
301.54 PEDESTRIAN.
   “Pedestrian” means any person on foot, in a motorized or non-motorized wheelchair, or using another equivalent device, such as skates or a skateboard. The term includes a personal delivery device as defined in Ohio R.C. 4511.513 unless the context clearly suggests otherwise.
(ORC 4511.01(X))
301.55 PERSON.
   “Person” means every natural person, firm, partnership, association or corporation.
(ORC 4511.01(W))
301.56 POLE TRAILER.
   “Pole trailer” means every trailer or semitrailer attached to the towing vehicle by means of a reach, pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(ORC 4511.01(O))
301.57 POLICE OFFICER.
   “Police officer” means every officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations.
(ORC 4511.01(Z))
301.58 PREDICATE MOTOR VEHICLE OR TRAFFIC OFFENSE.
   “Predicate motor vehicle or traffic offense” means any of the following:
   (a)    A violation of Ohio R.C. 4511.03, 4511.051, 4511.12, 4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.763, 4511.771, 4511.78, or 4511.84;
   (b)   A violation of Ohio R.C. 4511.17(A)(2), 4511.51(A) through (D), or 4511.74(A);
   (c)   A violation of any provision of Ohio R.C. 4511.01 through 4511.76 for which no penalty otherwise is provided in the section that contains the provision violated;
   (d)   A violation of Ohio R.C. 4511.214;
   (e)   A violation of a municipal ordinance that is substantially equivalent to any section or provision set forth or described in subsection (a), (b), (c) or (d) of this definition.
      (ORC 4511.01(III))
301.59 PRIVATE ROAD.
   “Private road” means every way or place in private ownership used for vehicular travel by the owner, and those having express or implied permission from the owner, but not by other persons. (ORC 4511.01(DD))
301.60 PUBLIC SAFETY VEHICLE.
   “Public safety vehicle” means any of the following:
   (a)   Ambulances, including private ambulance companies under contract to a municipality, township, or county, and private ambulances and nontransport vehicles bearing license plates issued under Ohio R.C. 4503.49;
   (b)   Motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the state;
   (c)   Any motor vehicle when properly identified as required by the Director of Public Safety, when used in response to fire emergency calls or to provide emergency medical service to ill or injured persons, and when operated by a duly qualified person who is a member of a volunteer rescue service or a volunteer fire department, and who is on duty pursuant to the rules or directives of that service. The State Fire Marshal shall be designated by the Director of Public Safety as the certifying agency for all public safety vehicles described herein;
   (d)   Vehicles used by fire departments, including motor vehicles when used by volunteer firefighters responding to emergency calls in the fire department service when identified as required by the Director of Public Safety;
   (e)   Any vehicle used to transport or provide emergency medical service to an ill or injured person, when certified as a public safety vehicle, shall be considered such a vehicle when transporting an ill or injured person to a hospital, regardless of whether such vehicle has already passed a hospital;
   (f)   Vehicles used by the Motor Carrier Enforcement Unit for the enforcement of orders and rules of the Public Utilities Commission as specified in Ohio R.C. 5503.34. (ORC 4511.01(E))
301.61 RAILROAD.
   “Railroad” means a carrier of persons or property operating upon rails or tracks placed principally on a private right-of-way.
(ORC 4511.01(P))
301.62 RAILROAD SIGN OR SIGNAL.
   “Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a train.
(ORC 4511.01(SS))
301.63 RESIDENCE DISTRICT.
   “Residence district” means the territory, not comprising a business district, fronting on a street or highway, including the street or highway, where, for a distance of 300 feet or more, the frontage is improved with residences or residences and buildings in use for business.
(ORC 4511.01(OO))
301.64 RIDESHARING ARRANGEMENT.
   “Ridesharing arrangement” includes the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of a volunteer driver, and includes arrangements known as carpools, vanpools, and buspools.
(ORC 4511.01(DDD))
301.65 RIGHT-OF-WAY.
   “Right-of-way” means either of the following, as the context requires:
   (a)    The right of a vehicle or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it, he or she is moving, in preference to another vehicle or pedestrian approaching from a different direction into its, his or her path;
   (b)   A general term denoting land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, “right-of-way” includes the roadway, shoulders or berm, ditch, and slopes extending to the rightof-way limits under the control of the state or local authority.
      (ORC 4511.01(UU))
301.66 ROAD SERVICE VEHICLE.
   “Road service vehicle” means wreckers, utility repair vehicles, and state, county, and municipal service vehicles equipped with visual signals by means of flashing, rotating, or oscillating lights. (ORC 4511.01(JJJ))
301.67 ROADWAY.
   “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel and parking lanes, not including the berm, sidewalk, or shoulder, even if the berm, sidewalk, or shoulder is used by a person operating a bicycle or other human-powered vehicle. If a highway includes two or more separate roadways, the term means any such roadway separately but not all such roadways collectively.
(ORC 4511.01(EE))
301.68 ROUNDABOUT.
   “Roundabout” means a circular intersection with a yield control at each entry, which permits a vehicle on the circulatory roadway to proceed, with deflection of the approaching vehicles counter-clockwise around a central island.
(ORC 4511.01(JJJJ))
301.69 RURAL MAIL DELIVERY VEHICLE.
   “Rural mail delivery vehicle” means every vehicle used to deliver United States mail on a rural mail delivery route.
(ORC 4511.01(VV))
301.70 SAFETY ZONE.
   “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and protected or marked or indicated by adequate signs so as to be plainly visible at all times.
(ORC 4511.01(MM))
301.71 SCHOOL BUS.
   “School bus” means every bus designed for carrying more than nine passengers that is owned by a public, private, or governmental agency or institution of learning and operated for the transportation of children to or from a school session or a school function, or owned by a private person and operated for compensation for the transportation of children to or from a school session or a school function. The term does not include any of the following:
   (a)   A bus operated by a municipally owned transportation system, a mass transit company operating exclusively within the territorial limits of a municipal corporation, or within such limits and the territorial limits of municipal corporations immediately contiguous to such municipal corporation, nor a common passenger carrier certified by the public utilities commission unless such bus is devoted exclusively to the transportation of children to and from a school session or a school function;
   (b)   A van or bus used by a licensed child care center or type A family child care home to transport children from the child care center or type A family child care home to a school if the van or bus does not have more than fifteen children in the van or bus at any time;
   (c)   An alternative vehicle as defined in Ohio R.C. 4511.76.
      (ORC 4511.01(F))
301.72 SEMITRAILER.
   “Semitrailer” means every vehicle designed or used for carrying persons or property with another and separate motor vehicle so that in operation a part of its own weight or that of its load, or both, rests upon and is carried by another vehicle.
(ORC 4511.01(N))
301.73 SHARED-USE PATH.
   “Shared-use path” means a bikeway outside the traveled way and physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent alignment. A shared-use path also may be used by pedestrians, including skaters, joggers, users of manual and motorized wheelchairs, and other authorized motorized and nonmotorized users. A shared-use path does not include any trail that is intended to be used primarily for mountain biking, hiking, equestrian use, or other similar uses, or any other single track or natural surface trail that has historically been reserved for non-motorized use.
(ORC 4511.01(PPP))
301.74 SHOULDER.
   “Shoulder” means a longitudinal area contiguous with the traveled way that is used for accommodating vehicles that are stopped for an emergency and for lateral support of base and surface courses; graded for emergency stopping; either paved or unpaved; and when paved, may be open for parttime travel by some or all vehicles or may also be available for use by pedestrians or bicycles in the absence of other pedestrian or bicycle facilities.
(ORC 4511.01(KKKK))
301.75 SIDEWALK.
   “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines or easements of private property, that is paved or improved, and is intended for the use of pedestrians.
(ORC 4511.01(FF))
301.76 SITE ROADWAY OPEN TO PUBLIC TRAVEL.
   “Site roadway open to public travel” means a roadway or bikeway on site of a shopping center, office park, airport, school, university, sports arena, recreational park, or other similar business, government, or recreation facility that is publicly or privately owned but where the public is allowed to travel without full-time access restrictions. The term does not include a roadway where access is restricted at all times by gates or guards to residents, employees, or other specifically authorized persons, a parking area, a driving aisle within a parking area, or a private highway-rail grade crossing.
(ORC 4511.01(OOO))
301.77 STANDING.
   “Standing” when prohibited, means any halting of a vehicle, even momentarily, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device.
301.78 STATE.
   “State” has the same meaning as in Ohio R.C. 4501.01.
301.79 STATE HIGHWAY.
   “State highway” means a highway under the jurisdiction of the Department of Transportation, outside the limits of municipalities, provided that the authority conferred upon the Director of Transportation in Ohio R.C. 5511.01 to erect state highway route markers and signs directing traffic shall not be modified by Ohio R.C. 4511.01 through 4511.79 and 4511.99.
(ORC 4511.01(II))
301.80 STATE ROUTE.
   “State route” means every highway which is designated with an official state route number and so marked. (ORC 4511.01(JJ))
301.81 STOP.
   “Stop” when required, means a complete cessation of movement.
301.82 STOP INTERSECTION.
   “Stop intersection” means any intersection at one or more entrances of which stop signs are erected. (ORC 4511.01(BBB))
301.83 STOPPING.
   “Stopping” when prohibited, means any halting of a vehicle, even momentarily, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device.
301.84 STREET OR HIGHWAY.
   “Street or highway” means a general term for denoting a public way for purposes of travel by vehicles and vulnerable road users, including the entire area within the right-of-way.
(ORC 4511.01(BB))
301.85 THROUGH HIGHWAY.
   “Through highway” means every street or highway as provided in Ohio R.C. 4511.65, or a substantially equivalent municipal ordinance.
(ORC 4511.01(HH))
301.86 THRUWAY.
   “Thruway” means a through highway whose entire roadway is reserved for through traffic and on which roadway parking is prohibited.
(ORC 4511.01(AAA))
301.865 TRACKLESS TROLLEY.
   "Trackless trolley" means every car which collects its power from overhead electric trolley wires and which is not operated upon rails or tracks. (Ord. 7-83. Passed 3-21-83.)
301.87 TRAFFIC.
   “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars, and other devices, either singly or together, while using for purposes of travel any highway or site roadway open to public travel.
(ORC 4511.01(TT))
301.88 TRAFFIC CONTROL DEVICE.
   “Traffic control device” means a flagger, sign, signal, marking, channelization device, or other device that uses colors, shapes, symbols, words, sounds, or tactile information for the primary purpose of communicating a regulatory, warning, or guidance message to road users on
a street, highway, site roadway open to public travel, pedestrian facility, bikeway, or pathway.
(ORC 4511.01(QQ))
301.89 TRAFFIC CONTROL SIGNAL.
   “Traffic control signal” means a highway traffic signal placed at an intersection, movable bridge, fire station, mid-block crosswalk, alternating one-way sections of a single lane road, private driveway, or other location that requires conflicting traffic to be directed to stop and permitted to proceed in an orderly manner. The term includes a vehicular signal indication, a pedestrian signal indication, and a bicycle symbol signal indication. The term does not include an emergency-vehicle hybrid beacon or a pedestrian hybrid beacon.
(ORC 4511.01(RR))
301.90 TRAILER.
   “Trailer” means every vehicle designed or used for carrying persons or property wholly on its own structure, and for being drawn by a motor vehicle, including any vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type, such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a street or highway at a speed greater than twenty-five miles per hour and a vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of more than ten miles or at a speed of more than twenty-five miles per hour.
(ORC 4511.01(M))
301.91 TRAIN.
   “Train” means one or more locomotives coupled, with or without cars, that operates on rails or tracks and to which all other traffic is required by law to yield the right-of-way at highway-rail grade crossings.
(ORC 4511.01(Q))
301.92 TRUCK.
   “Truck” means every motor vehicle, except trailers and semitrailers, designed and used to carry property. (ORC 4511.01(K))
301.93 TWO-STAGE BICYCLE TURN BOX.
   “Two-stage bicycle turn box” means a designated area at an intersection that is intended to provide bicyclists a place to wait for traffic to clear before proceeding in a different direction of travel. (ORC 4511.01(CCCC))
301.94 TYPE A FAMILY CHILD CARE HOME.
   “Type A family child care home” has the same meaning as set forth in Ohio R.C. 5104.01.
301.95 URBAN DISTRICT.
   “Urban district” means the territory contiguous to and including any street or highway which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of one-quarter of a mile or more, and the character of the territory is indicated by official traffic-control devices.
(ORC 4511.01(PP))
301.96 VEHICLE.
   “Vehicle” means every device, including a bicycle, motorized bicycle and an electric bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway. The term does not include any motorized wheelchair, any electric personal assistive mobility device, any low-speed micromobility device, any personal delivery device as defined in Ohio R.C. 4511.513, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device that is moved by human power.
(ORC 4511.01(A))
301.97 WASTE COLLECTION VEHICLE.
   “Waste collection vehicle” means a vehicle used in the collection of garbage, refuse, trash, or recyclable materials.
(ORC 4511.01(RRR))
301.98 WILDLIFE OFFICER.
   “Wildlife officer” means an officer designated pursuant to Ohio R.C. 1531.13.
(ORC 4511.01(YYY))
303.01 CONFORMITY WITH RULES REQUIRED.
   All operators, drivers or persons in charge of any vehicle as hereinafter described, horses or any other domestic animals, and all pedestrians on the streets or sidewalks of the City, shall conform to and observe the following rules and regulations upon the streets and public places in the City.
(Ord. 7-83. Passed 3-21-83.)
303.02 COMPLIANCE WITH POLICE ORDER; FLEEING.
   (EDITOR’S NOTE: This section was repealed by Ordinance 9-91, passed February 4, 1991. See Section 525.16 of the Codified Ordinances for relevant provisions.)
303.03 EMERGENCY VEHICLE AND TRAFFIC REGULATIONS.
   (a)   Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.202, 4511.21, 4511.211, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62, 4511.66, 4511.68, 4511.681 and 4511.69 and all sections of this Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed above, do not apply to the driver of an emergency vehicle or public safety vehicle if the emergency vehicle or public safety vehicle is responding to an emergency call, is equipped with and displaying at least one flashing, rotating or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and if the driver of the vehicle is giving an audible signal by siren, exhaust whistle or bell. This section does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway. (ORC 4511.041)
   (b)   Ohio R.C. 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.35, 4511.36, 4511.37, 4511.38 and 4511.66, and all sections of this Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed above, do not apply to a coroner, deputy coroner, or coroner's investigator operating a motor vehicle in accordance with Ohio R.C. 4513.171. This section does not relieve a coroner, deputy coroner, or coroner's investigator operating a motor vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.
(ORC 4511.042)
303.04 RIDING, DRIVING ANIMALS UPON STREETS.
   Every person riding, driving or leading an animal or animals upon a street shall be subject to the provisions of this Code applicable to the driver of a vehicle, except those provisions of this Code which by their nature are inapplicable.
(ORC 4511.05; Ord. 7-83. Passed 3-21-83.)
303.05 PROHIBITIONS ON USE OF FREEWAYS
   No person, unless otherwise directed by a police officer, shall
   (a)    As a pedestrian, occupy any space within the limits of the right-of-way of a freeway; except: in a rest area; on a facility that is separated from the roadway and shoulders of a freeway and is designed and appropriately marked for pedestrian use; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle; or to obtain assistance;
   (b)    Occupy any space within the limits of the right-of-way of a freeway, with: an animal-drawn vehicle; a ridden or led animal; herded animals; a pushcart; a bicycle, except on a facility that is separated from the roadway and shoulders of the freeway and is designed and appropriately marked for bicycle use; a bicycle with motor attached; a motor driven cycle with a motor which produces not to exceed five brake horsepower; an agricultural tractor; farm machinery; except in the performance of public works or official duties.
(Ord. 44-91. Passed 8-5-91.)
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
      (ORC 4511.051)
303.06 TRAFFIC CONTROL DEVICES MUST BE OBEYED.
   (a)   No pedestrian or driver of a vehicle shall disobey the instructions of any traffic control device placed in accordance with the provisions of this Code, unless at the time otherwise directed by a police officer. When both traffic control signals and stop signs are erected at an intersection, traffic shall be governed by the traffic control signal while it is in operation.
   No provision of this Code for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place. (Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.12)
303.07 DRIVER’S LICENSE OR COMMERCIAL DRIVER’S LICENSE REQUIRED.
   (a)   (1)   No person, except those expressly exempted under Ohio R.C. 4507.03, 4507.04, and 4507.05, shall operate any motor vehicle upon a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking in this Municipality unless the person has a valid driver's license issued under Ohio R.C. Chapter 4507 or a commercial driver's license issued under Ohio R.C. Chapter 4506.
      (2)   No person, except a person expressly exempted under Ohio R.C. 4507.03, 4507.04, and 4507.05, shall operate any motorcycle upon a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking in this Municipality unless the person has a valid license as a motorcycle operator that was issued upon application by the Registrar of Motor Vehicles under Ohio R.C. Chapter 4507. The license shall be in the form of an endorsement, as determined by the Registrar, upon a driver’s or commercial driver’s license, if the person has a valid license to operate a motor vehicle or commercial motor vehicle, or in the form of a restricted license as provided in Ohio R.C. 4507.14, if the person does not have a valid license to operate a motor vehicle or commercial motor vehicle.
   (b)   Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of subsection (a)(1) or (2) of this section may be admitted into evidence as prima-facie evidence that the person did not have either a valid driver’s or commercial driver’s license at the time of the alleged violation of subsection (a)(1) of this section or a valid license as a motorcycle operator either in the form of an endorsement upon a driver’s or commercial driver’s license or a restricted license at the time of the alleged violation of subsection (a)(2) of this section. The person charged with a violation of subsection (a)(1) or (2) of this section may offer evidence to rebut this prima-facie evidence.
   (c)   Whoever violates this section is guilty of operating a motor vehicle or motorcycle without a valid license and shall be punished as follows:
      (1)   If the trier of fact finds that the offender never has held a valid driver’s or commercial driver’s license issued by this state or any other jurisdiction, or, in a case involving the operation of a motorcycle by the offender, if the offender has never held a valid license as a motorcycle operator, either in the form of an endorsement upon a driver’s or commercial driver’s license or in the form of a restricted license, except as otherwise provided in this subsection, the offense is an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case. If the offender previously has been convicted of or pleaded guilty to any violation of Ohio R.C. 4510.12 or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
      (2)   If the offender’s driver’s or commercial driver’s license or permit or, in a case involving the operation of a motorcycle by the offender, the offender’s driver’s or commercial driver’s license bearing the motorcycle endorsement or the offender’s restricted license was expired at the time of the offense, except as otherwise provided in this subsection, the offense is a minor misdemeanor. If, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 4510.12 or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
   (d)   The court shall not impose a license suspension for a first violation of this section or if more than three years have passed since the offender’s last violation of Ohio R.C. 4510.12 or a substantially equivalent municipal ordinance.
   (e)   If the offender is sentenced under subsection (c)(2) hereof, if within three years of the offense the offender previously was convicted of or pleaded guilty to one or more violations of Ohio R.C. 4510.12 or a substantially equivalent municipal ordinance, and if the offender’s license was expired for more than six months at the time of the offense, the court may impose a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02.
(ORC 4510.12)
303.071 PERMITTING OPERATION WITHOUT VALID LICENSE; ONE LICENSE PERMITTED.
   (a)   No person shall permit the operation of a motor vehicle upon any public or private property used by the public for purposes of vehicular travel or parking knowing the operator does not have a valid driver’s license issued to the operator by the Registrar of Motor Vehicles or a Deputy Registrar under Ohio R.C. Chapter 4507 or a valid commercial driver’s license issued under Ohio R.C. Chapter 4506.
   (b)   (1)   No person shall receive a driver’s license, or a motorcycle operator’s endorsement of a driver’s or commercial driver’s license, temporary instruction permit, or identification card unless and until the person surrenders to the Registrar or a deputy registrar all valid licenses, temporary instruction permits, and identification cards issued to the person by another jurisdiction recognized by this state.
      (2)   The Registrar shall report the cancellation of a license, temporary instruction permit, or identification card to the issuing authority, together with information that the license, temporary instruction permit, or identification card is now issued in this state. The Registrar or a deputy registrar shall destroy any such license, temporary instruction permit, or identification card that is not returned to the issuing authority.
      (3)   No person shall possess more than one valid license, temporary instruction permit, or identification card at any time.
         (ORC 4507.02(A))
   (c)   (1)   Except as otherwise provided in this subsection, whoever violates subsection (a) hereof is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to one thousand dollars ($1,000) and, notwithstanding division (A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case. If, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 4507.02 or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
      (2)   Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree.
(ORC 4507.02; 4507.99)
303.072 DRIVING WITH TEMPORARY INSTRUCTION PERMIT; CURFEW.
   (a)   No holder of a temporary instruction permit issued under Ohio R.C. 4507.05(A) shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in violation of the following conditions:
      (1)   If the permit is issued to a person who is at least fifteen years six months of age, but less than sixteen years of age:
         A.   The permit and identification card are in the holder’s immediate possession;
         B.   The holder is accompanied by an eligible adult who actually occupies the seat beside the permit holder and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in Ohio R.C. 4511.19(A);
         C.   The total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device.
      (2)   If the permit is issued to a person who is at least sixteen years of age:
         A.   The permit and identification card are in the holder’s immediate possession;
         B.   The holder is accompanied by a licensed operator who is at least twenty-one years of age and is actually occupying a seat beside the driver and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in Ohio R.C. 4511.19(A);
         C.   The total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device.
   (b)   Except as provided in subsection (b) hereof, no holder of a temporary instruction permit that is issued under Ohio R.C. 4507.05(A) and that is issued on or after July 1, 1998, and who has not attained the age of eighteen years, shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and six a.m.
   The holder of a permit issued under Ohio R.C. 4507.05(A) on or after July 1, 1998, who has not attained the age of eighteen years, may operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and six a.m. if, at the time of such operation, the holder is accompanied by the holder’s parent, guardian, or custodian, and the parent, guardian or custodian holds a current valid driver’s or commercial driver’s license issued by this State and is actually occupying a seat beside the permit holder, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in Section 331.01(a).
   (c)   As used in this section:
      (1)   “Eligible adult” means any of the following:
         A.   An instructor of a driver education course approved by the Department of Education or a driver training course approved by the Department of Public Safety;
         B.   Any of the following persons who holds a current valid driver’s or commercial driver’s license issued by this State:
            1.   A parent, guardian or custodian of the permit holder;
            2.   A person twenty-one years of age or older who acts in loco parentis of the permit holder.
      (2)   “Occupant restraining device” has the same meaning as in Ohio R.C. 4513.263.
   (d)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4507.05)
303.073 DISPLAY OF LICENSE.
   (a)   The operator of a motor vehicle shall display the operator’s driver’s license, or furnish satisfactory proof that the operator has a driver’s license, upon demand of any peace officer or of any person damaged or injured in any collision in which the licensee may be involved. When a demand is properly made and the operator has the operator’s driver’s license on or about the operator’s person, the operator shall not refuse to display the license. A person’s failure to furnish satisfactory evidence that the person is licensed under Ohio R.C. Chapter 4507 when the person does not have the person’s license on or about the person’s person shall be prima-facie evidence of the person’s not having obtained a driver’s license.
   (b)   (1)   Except as provided in subsection (b)(2) hereof, whoever violates this section is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case.
      (2)   If, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 4507.35 or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
(ORC 4507.35)
303.074 DRIVING WITH PROBATIONARY LICENSE; CURFEW.
   (a)   (1)   A.   No holder of a probationary driver’s license who has held the license for less than twelve months shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and six a.m. unless the holder is accompanied by the holder’s parent or guardian.
         B.   No holder of a probationary driver’s license who has held the license for twelve months or longer shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of one a.m. and five a.m. unless the holder is accompanied by the holder’s parent or guardian.
      (2)   A.   Subject to subsection (c)(1) of this section, subsection (a)(1)A. of this section does not apply to the holder of a probationary driver’s license who is doing either of the following:
            1.   Traveling to or from work between the hours of midnight and six a.m. provided that the holder has in the holder’s immediate possession written documentation from the holder’s employer.
            2.   Traveling to or from an official function sponsored by the school the holder attends between the hours of midnight and six a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official of the school;
            3.   Traveling to or from an official religious event between the hours of midnight and six a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official affiliated with the event.
         B.   Subsection (a)(1)B. of this section does not apply to the holder of a probationary driver’s license who is doing either of the following:
            1.   Traveling to or from work between the hours of one a.m. and five a.m., provided that the holder has in the holder’s immediate possession written documentation from the holder’s employer.
            2.   Traveling to or from an official function sponsored by the school the holder attends between the hours of one a.m. and five a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official of the school;
            3.   Traveling to or from an official religious event between the hours of one a.m. and five a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official affiliated with the event.
      (3)   An employer, school official or official affiliated with a religious event is not liable in damages in a civil action for any injury, death or loss to person or property that allegedly arises from, or is related to, the fact that the employer, school official, or official affiliated with a religious event provided the holder of a probationary driver’s license with the written documentation described in subsection (a)(2) of this section.
The Registrar of Motor Vehicles shall make available at no cost a form to serve as the written documentation described in subsection (a)(2) of this section, and employers, school officials, officials affiliated with religious events, and holders of probationary driver’s licenses may utilize that form or may choose to utilize any other written documentation to meet the requirements of that subsection.
      (4)   No holder of a probationary driver’s license who has held the license for less than twelve months shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking with more than one person who is not a family member occupying the vehicle unless the probationary license holder is accompanied by the probationary license holder’s parent, guardian or custodian.
   (b)   It is an affirmative defense to a violation of subsection (a)(1)A. or B. of this section if, at the time of the violation, an emergency existed that required the holder of the probationary driver’s license to operate a motor vehicle in violation of subsection (a)(1)A. or B. of this section; or the holder was an emancipated minor.
   (c)   (1)   If a person is issued a probationary driver’s license prior to attaining the age of seventeen years and the person pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed a moving violation during the six-month period commencing on the date on which the person is issued the probationary driver’s license, the court with jurisdiction over the violation may order that the holder must be accompanied by the holder’s parent or guardian whenever the holder is operating a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking for a period not to exceed six months or the date the holder attains the age of seventeen years, whichever occurs first.
      (2)   Any person who is subject to the operating restrictions established under subsection (c)(1) of this section as a result of a first moving violation may petition the court for driving privileges without being accompanied by the holder’s parent or guardian during the period of time determined by the court under that subsection. In granting the driving privileges, the court shall specify the purposes of the privileges and shall issue the person appropriate forms setting forth the privileges granted. If a person is convicted of, pleads guilty to, or is adjudicated in juvenile court of having committed a second or subsequent moving violation, the court with jurisdiction over the violation may terminate any driving privileges previously granted under this division.
      (3)   No person shall violate any operating restriction imposed under subsection (c)(1) or (2) of this section.
   (d)   No holder of a probationary license shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking unless the total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device.
   (e)   Notwithstanding any other provision of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether each occupant of the motor vehicle is wearing all of the available elements of a properly adjusted occupant restraining device as required by subsection (d) hereof, or for the sole purpose of issuing a ticket, citation, or summons if the requirement in that subsection has been or is being violated, or for causing the arrest of or commencing a prosecution of a person for a violation of that requirement.
   (f)   Notwithstanding any other provision of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of subsection (a)(1)A. or B. hereof has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for such a violation or for causing the arrest of or commencing a prosecution of a person for such violation.
   (g)   As used in this section:
      (1)   “Occupant restraining device” has the same meaning as in Ohio R.C. 4513.263.
      (2)   “Family member” of a probationary license holder includes any of the following:
         A.   A spouse;
         B.   A child or stepchild;
         C.   A parent, stepparent, grandparent, or parent-in-law;
         D.   An aunt or uncle;
         E.   A sibling, whether or the whole or half blood or by adoption, a brother-in-law or a sister-in-law;
         F.   A son or daughter of the probationary license holder’s stepparent if the stepparent has not adopted the probationary license holder;
         G.   An eligible adult, as defined in Ohio R.C. 4507.05.
      (3)   “Moving violation” means any violation of any statute or ordinance that regulates the operation of vehicles, streetcars, or trackless trolleys on the highways or streets. “Moving violation” does not include a violation of Ohio R.C. 4513.263 or a substantially equivalent municipal ordinance, or a violation of any statute or ordinance regulating pedestrians or the parking of vehicles, vehicle size or load limitations, vehicle fitness requirements, or vehicle registration.
   (h)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4507.071)
303.075 OHIO DRIVER’S LICENSE REQUIRED FOR IN STATE RESIDENTS.
   (a)   Any person who becomes a resident of this State, within thirty days of becoming a resident, shall surrender any driver’s license, temporary instruction permit, or identification card issued by another state to the Registrar of Motor Vehicles or a Deputy Registrar. If such a person intends to operate a motor vehicle upon the public roads or highways, the person shall apply for a temporary instruction permit or driver’s license in this State. If the person fails to apply for a driver’s license or temporary instruction permit within thirty days of becoming a resident, the person shall not operate any motor vehicle in this municipality under a license or permit issued by another state.
   (b)   (1)   Whoever violates subsection (a) of this section is guilty of a minor misdemeanor.
      (2)   The offense established under subsection (b)(1) of this section is a strict liability offense and strict liability is a culpable mental state for purposes of Ohio R.C. 2901.20. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
   (c)   For purposes of subsection (a) of this section, “resident” means any person to whom any of the following applies:
      (1)   The person maintains their principal residence in this State and does not reside in this State as a result of the person’s active service in the United States Armed Forces.
      (2)   The person is determined by the Registrar of Motor Vehicles to be a resident in accordance with standards adopted by the Registrar under Ohio R.C. 4507.01.
(ORC 4507.213)
303.08 DRIVING UNDER SUSPENSION OR LICENSE RESTRICTION.
   (a)   Except as provided under subsection (b) hereof and Sections 335.072 and 335.074, no person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under any provision of the Ohio Revised Code, other than Ohio R.C. Chapter 4509, or under any applicable law in any other jurisdiction in which the person's license or permit was issued shall operate any motor vehicle upon the public roads and highways or upon any public or private property used by the public for purposes of vehicular travel or parking within this Municipality during the period of suspension unless the person is granted limited driving privileges and is operating the vehicle in accordance with the terms of the limited driving privileges.
   (b)   No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this Municipality in violation of any restriction of the person’s driver’s or commercial driver’s license or permit imposed under division (D) of Ohio R.C. 4506.10 or under Ohio R.C. 4507.14.
   (c)   Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of subsection (a) or (b) of this section may be admitted into evidence as prima-facie evidence that the license of the person was under suspension at the time of the alleged violation of subsection (a) of this section or the person operated a motor vehicle in violation of a restriction at the time of the alleged violation of subsection (b) of this section. The person charged with a violation of subsection (a) or (b) of this section may offer evidence to rebut this prima-facie evidence.
   (d)   (1)   Whoever violates subsection (a) or (b) hereof, is guilty of a misdemeanor of the first degree. The court may impose upon the offender a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02.
      (2)   A.   Except as provided in subsection (d)(2)B. or C. of this section, the court, in addition to any other penalty that it imposes on the offender and if the vehicle is registered in the offender’s name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to one violation of Ohio R.C. 4510.11 or Ohio R.C. 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the court, in addition to or independent of any other sentence that it imposes upon the offender, may order the immobilization of the vehicle involved in the offense for thirty days and the impoundment of that vehicle’s license plates for thirty days in accordance with Ohio R.C. 4503.233.
         B.   If the vehicle is registered in the offender’s name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two violations of Ohio R.C. 4510.11 or any combination of two violations of Ohio R.C. 4510.11 or Ohio R.C. 4510.111 or 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender may order the immobilization of the vehicle involved in the offense for sixty days and the impoundment of that vehicle’s license plates for sixty days in accordance with Ohio R.C. 4503.233.
         C.   If the vehicle is registered in the offender’s name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of Ohio R.C. 4510.11, or any combination of three or more violations of Ohio R.C. 4501.11 or Ohio R.C. 4510.111 or 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender may order the criminal forfeiture of the vehicle involved in the offense to the State.
   (e)   Any order for immobilization and impoundment under this section shall be issued and enforced under Ohio R.C. 4503.233 and 4507.02, as applicable. The court shall not release a vehicle from immobilization ordered under this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.
   (f)   Any order of criminal forfeiture under this section shall be issued and enforced under Ohio R.C. 4503.234. Upon receipt of the copy of the order from the court, neither the Ohio Registrar of Motor Vehicles nor a deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the declaration of forfeiture. The period of registration denial shall be five years after the date of the order, unless, during that period, the court having jurisdiction of the offense that lead to the order terminates the forfeiture and notifies the Registrar of the termination. The Registrar shall then take necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle.
   (g)   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during, or after committing the offense for which the offender is sentenced under this section.
(ORC 4510.11)
   (h)   Any person whose driver's or commercial driver's license or permit or nonresident operating privileges are suspended as a repeat traffic offender under this section and who, during the suspension, operates any motor vehicle upon any public roads and highways is guilty of driving under a twelve-point suspension, a misdemeanor of the first degree. The court shall sentence the offender to a minimum term of three days in jail. No court shall suspend the first three days of jail time imposed pursuant to this subsection.
(ORC 4510.037)
   (i)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(ORC 4510.04)
303.081 DRIVING UNDER OVI SUSPENSION.
   (a)   No person whose driver’s or commercial driver’s license or permit or nonresident operating privilege has been suspended under Ohio R.C. 4511.19, 4511.191, or 4511.196 or under Ohio R.C. 4510.07 for a conviction of a violation of a municipal OVI ordinance shall operate any motor vehicle upon the public roads or highways within this Municipality during the period of the suspension.
   (b)   Whoever violates this section is guilty of driving under OVI suspension. The court shall sentence the offender under Ohio R.C. Chapter 2929, subject to the differences authorized or required by this section.
      (1)   Except as otherwise provided in subsection (b)(2) or (3) of this section, driving under OVI suspension is a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
         A.   A mandatory jail term of three consecutive days. The three-day term shall be imposed, unless, subject to subsection (c) of this section, the court instead imposes a sentence of not less than thirty consecutive days of house arrest with electronic monitoring. A period of house arrest with electronic monitoring imposed under this subsection shall not exceed six months. If the court imposes a mandatory three-day jail term under this subsection, the court may impose a jail term in addition to that term, provided that in no case shall the cumulative jail term imposed for the offense exceed six months.
         B.   A fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000).
         C.   A license suspension under subsection (e) of this section.
      (2)   If, within six years of the offense, the offender previously has been convicted of or pleaded guilty to one violation of this section or one equivalent offense, driving under OVI suspension is a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
         A.   A mandatory jail term of ten consecutive days. Notwithstanding the jail terms provided in Ohio R.C. Chapter 2929, the court may sentence the offender to a longer jail term of not more than one year. The ten-day mandatory jail term shall be imposed unless, subject to subsection (c) of this section, the court instead imposes a sentence of not less than ninety consecutive days of house arrest with electronic monitoring. The period of house arrest with electronic monitoring shall not exceed one year.
         B.   Notwithstanding the fines provided for in Ohio R.C. Chapter 2929, a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500).
         C.   A license suspension under subsection (e) of this section.
      (3)   If, within six years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section or two or more equivalent offenses, driving under OVI suspension is a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
         A.   A mandatory jail term of thirty consecutive days. Notwithstanding the jail terms provided in Ohio R.C. Chapter 2929, the court may sentence the offender to a longer jail term of not more than one year. The court shall not sentence the offender to a term of house arrest with electronic monitoring in lieu of the mandatory portion of the jail term.
         B.   Notwithstanding the fines set forth in Ohio R.C. Chapter 2929, a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500).
         C.   A license suspension under subsection (e) of this section.
   (c)   No court shall impose an alternative sentence of house arrest with electronic monitoring under subsection (b)(1) or (2) of this section unless, within sixty days of the date of sentencing, the court issues a written finding on the record that, due to the unavailability of space at the jail where the offender is required to serve the jail term imposed, the offender will not be able to begin serving that term within the sixty-day period following the date of sentencing.
   An offender sentenced under this section to a period of house arrest with electronic monitoring shall be permitted work release during that period.
   (d)   Fifty per cent of any fine imposed by a court under subsection (b)(1), (2) or (3) of this section shall be deposited into the county indigent drivers alcohol treatment fund or municipal indigent drivers alcohol treatment fund under the control of that court, as created by the county or municipal corporation pursuant to division (H) of Ohio R.C. 4511.191.
   (e)   In addition to or independent of all other penalties provided by law or ordinance, the trial judge of any court of record or the mayor of a mayor’s court shall impose on an offender who is convicted of or pleads guilty to a violation of this section a class seven suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02.
   When permitted as specified in Ohio R.C. 4510.021, if the court grants limited driving privileges during a suspension imposed under this section, the privileges shall be granted on the additional condition that the offender must display restricted license plates, issued under Ohio R.C. 4503.231, on the vehicle driven subject to the privileges, except as provided in division (B) of that section.
   A suspension of a commercial driver’s license under this section shall be concurrent with any period of suspension or disqualification under Ohio R.C. 3123.58 or 4506.16. No person who is disqualified for life from holding a commercial driver’s license under Ohio R.C. 4506.16 shall be issued a driver’s license under Ohio R.C. Chapter 4507 during the period for which the commercial driver’s license was suspended under this section, and no person whose commercial driver’s license is suspended under this section shall be issued a driver’s license under Ohio R.C. Chapter 4507 during the period of the suspension.
   (f)   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during, or after committing the offense that is a misdemeanor of the first degree under this section for which the offender is sentenced. (ORC 4510.14)
   (g)   (1)   If a person is convicted of or pleads guilty to a violation of a municipal ordinance that is substantially equivalent to Ohio R.C. 4510.14, the court, in addition to and independent of any sentence that it imposes upon the offender for the offense, if the vehicle the offender was operating at the time of the offense is registered in the offender’s name, shall do whichever of the following is applicable:
         A.   If, within six years of the current offense, the offender has not been convicted of or pleaded guilty to a violation of Ohio R.C. 4510.14 or former division (D)(2) of Ohio R.C. 4507.02, or a municipal ordinance that is substantially equivalent to that section or former division, the court shall order the immobilization for thirty days of the vehicle involved in the offense and the impoundment for thirty days of the license plates of that vehicle in accordance with Ohio R.C. 4503.233.
         B.   If, within six years of the current offense, the offender has been convicted of or pleaded guilty to one violation of Ohio R.C. 4510.14 or former division (D)(2) of Ohio R.C. 4507.02, or a municipal ordinance that is substantially equivalent to that section or former division, the court shall order the immobilization for sixty days of the vehicle involved in the offense and the impoundment for sixty days of the license plates of that vehicle in accordance with Ohio R.C. 4503.233.
         C.   If, within six years of the current offense, the offender has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 4510.14 or former division (D)(2) of Ohio R.C. 4507.02 or a municipal ordinance that is substantially equivalent to that section or former division, the court shall order the criminal forfeiture to the State of the vehicle the offender was operating at the time of the offense.
      (2)   An order for immobilization and impoundment of a vehicle under this section shall be issued and enforced in accordance with Ohio R.C 4503.233 and 4507.02, as applicable. The court shall not release a vehicle from immobilization ordered under this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.
      (3)   An order for criminal forfeiture of a vehicle under this section shall be issued and enforced under Ohio R.C. 4503.234. Upon receipt of a copy of the order from the court, neither the Registrar of Motor Vehicles nor a Deputy Registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the declaration of forfeiture. The period of registration denial shall be five years after the date of the order unless, during that period, the court having jurisdiction of the offense that led to the order terminates the forfeiture and notifies the Registrar of the termination. The Registrar then shall take the necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle.
         (ORC 4510.161)
   (h)   As used in this section:
      (1)   “Electronic monitoring” has the same meaning as in Ohio R.C. 2929.01.
      (2)   “Equivalent offense” means any of the following:
         A.   A violation of a municipal ordinance, law of another state, or law of the United States that is substantially equivalent to subsection (a) of this section;
         B.   A violation of a former law of this State that was substantially equivalent to subsection (a) of this section.
      (3)   “Jail” has the same meaning as in Ohio R.C. 2929.01.
      (4)   “Mandatory jail term” means the mandatory term in jail of three, ten, or thirty consecutive days that must be imposed under subsection (b)(1), (2) or (3) of this section upon an offender convicted of a violation of subsection (a) of this section and in relation to which all of the following apply:
         A.   Except as specifically authorized under this section, the term must be served in a jail.
         B.   Except as specifically authorized under this section, the term cannot be suspended, reduced, or otherwise modified pursuant to any provision of the Ohio Revised Code.
            (ORC 4510.14)
   (i)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(ORC 4510.04)
303.082 DRIVING UNDER FINANCIAL RESPONSIBILITY LAW SUSPENSION OR CANCELLATION; DRIVING UNDER A NONPAYMENT OF JUDGMENT SUSPENSION.
   (a)    No person, whose driver’s or commercial driver’s license or temporary instruction permit or nonresident’s operating privilege has been suspended or canceled pursuant to Ohio R.C. Chapter 4509, shall operate any motor vehicle within this municipality, or knowingly permit any motor vehicle owned by the person to be operated by another person in the municipality, during the period of the suspension or cancellation, except as specifically authorized by Ohio R.C. Chapter 4509.
   (b)   No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this Municipality if the person's driver's or commercial driver's license or temporary instruction permit or nonresident operating privilege has been suspended pursuant to Ohio R.C. 4509.37 or 4509.40 for nonpayment of a judgment.
   (c)   Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth and social security number of a person charged with a violation of subsection (a) or (b) of this section may be admitted into evidence as prima-facie evidence that the license of the person was under either a financial responsibility law suspension at the time of the alleged violation of subsection (a) of this section or a nonpayment of judgment suspension at the time of the alleged violation of subsection (b) of this section. The person charged with a violation of subsection (a) or (b) of this section may offer evidence to rebut this prima-facie evidence.
   (d)   Whoever violates subsection (a) of this section is guilty of driving under financial responsibility law suspension or cancellation and shall be punished as provided in subsection (d)(1) to (d)(3) hereof. Whoever violates subsection (b) of this section is guilty of driving under a nonpayment of judgment suspension and shall be punished as provided in subsection (d)(1) to (d)(3) hereof.
      (1)   Except as otherwise provided in subsection (d)(2) of this section, the offense is an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case.
      (2)   If, within three years of the offense, the offender previously was convicted of or pleaded guilty to two or more violations of Ohio R.C. 4510.16, or any combination of two violations of Ohio R.C. 4510.16 or Ohio R.C. 4510.11 or 4510.111, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the fourth degree.
      (3)   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during or after committing the offense for which the offender is sentenced under this section. (ORC 4510.16)
   (e)   No person who has knowingly failed to maintain proof of financial responsibility in accordance with Ohio R.C. 4509.101 shall produce any document or present to a peace officer an electronic wireless communications device that is displaying any text or images with the purpose to mislead a peace officer upon the request of a peace officer for proof of financial responsibility made in accordance with Ohio R.C. 4509.101. Whoever violates this subsection (e) hereof is guilty of falsification, a misdemeanor of the first degree.
(ORC 4509.102)
   (f)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(ORC 4510.04)
303.083 DRIVING WITHOUT COMPLYING WITH LICENSE REINSTATEMENT REQUIREMENTS.
   (a)   No person whose driver’s license, commercial driver’s license, temporary instruction permit, or nonresident’s operating privilege has been suspended shall operate any motor vehicle upon a public road or highway or any public or private property after the suspension has expired unless the person has complied with all license reinstatement requirements imposed by the court, the Bureau of Motor Vehicles, or another provision of the Ohio Revised Code.
   (b)   Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of subsection (a) of this section may be admitted into evidence as prima- facie evidence that the license of the person had not been reinstated by the person at the time of the alleged violation of subsection (a) hereof. The person charged with a violation of subsection (a) hereof may offer evidence to rebut this prima-facie evidence.
   (c)   Whoever violates this section is guilty of failure to reinstate a license and shall be punished as follows:
      (1)   Except as provided in subsection (c)(2) of this section, whoever violates subsection (a) hereof is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case.
      (2)   If, within three years of a violation of subsection (a) of this section, the offender previously has pleaded guilty to or been convicted of two or more violations of Ohio R.C. 4510.21(A) or a substantially equivalent municipal ordinance, the offender is guilty of a misdemeanor of the first degree.
      (3)   In all cases, the court may impose upon the offender a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary driver’s license, or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02. (ORC 4510.21)
   (d)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(ORC 4510.04)
303.084 DRIVING UNDER LICENSE FORFEITURE OR CHILD SUPPORT SUSPENSION.
   (a)   No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this Municipality whose driver’s or commercial driver’s license has been suspended pursuant to Ohio R.C. 2151.354, 2935.27, 3123.58, 4301.99, 4510.032, 4510.22 or 4510.33.
   (b)   Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of subsection (a) of this section may be admitted into evidence as prima-facie evidence that the license of the person was under suspension at the time of the alleged violation of subsection (a) of this section. The person charged with a violation of subsection (a) of this section may offer evidence to rebut this prima-facie evidence.
   (c)   Whoever violates subsection (a) of this section is guilty of driving under suspension and shall be punished as provided in subsection (c) of this section.
      (1)   Except as otherwise provided in subsection (c)(2) of this section, the offense is an unclassified misdemeanor. The offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case.
      (2)   If, within three years of the offense, the offender previously was convicted of or pleaded guilty to two or more violations of subsection (A) of Ohio R.C. 4510.111, or any combination of two or more violations of subsection (A) of Ohio R.C. 4510.111, or Ohio R.C. 4510.11 or 4510.16, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the fourth degree and the offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during or after committing the offense for which the offender is sentenced under this section. (ORC 4510.111)
   (d)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(ORC 4510.04)
303.09 CERTAIN ACTS PROHIBITED.
   (a)   No person shall do any of the following:
      (1)   Display, or cause or permit to be displayed, or possess any identification card, driver's or commercial driver's license, temporary instruction permit or commercial driver's license temporary instruction permit knowing the same to be fictitious, or to have been canceled, suspended or altered;
      (2)   Lend to a person not entitled thereto, or knowingly permit a person not entitled thereto to use any identification card, driver's or commercial driver's license, temporary instruction permit or commercial driver's license temporary instruction permit issued to the person so lending or permitting the use thereof;
      (3)   Display or represent as one's own, any identification card, driver's or commercial driver's license, temporary instruction permit or commercial driver's license temporary instruction permit not issued to the person so displaying the same;
      (4)   Fail to surrender to the Registrar of Motor Vehicles, upon the Registrar’s demand, any identification card, driver's or commercial driver's license, temporary instruction permit or commercial driver's license temporary instruction permit that has been suspended or canceled;
      (5)   In any application for an identification card, driver's or commercial driver's license, temporary instruction permit or commercial driver's license temporary instruction permit, or any renewal, reprint, or duplicate thereof, knowingly conceal a material fact, or present any statement required under Ohio R.C. 4507.08 or 4507.081 when knowing the same to be false or fictitious.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4507.30)
303.10 WRONGFUL ENTRUSTMENT OF A MOTOR VEHICLE.
   (a)   No person shall permit a motor vehicle owned by the person or under the person's control to be driven by another if any of the following apply:
      (1)   The offender knows or has reasonable cause to believe that the other person does not have a valid driver's or commercial driver's license or permit or valid nonresident driving privileges.
      (2)   The offender knows or has reasonable cause to believe that the other person's driver's or commercial driver's license or permit or nonresident operating privileges have been suspended or canceled under Ohio R.C. Chapter 4510, or any other provision of the Ohio Revised Code or this Traffic Code.
      (3)   The offender knows or has reasonable cause to believe that the other person's act of driving the motor vehicle would violate any prohibition contained in Ohio R.C. Chapter 4509.
      (4)   The offender knows or has reasonable cause to believe that the other person's act of driving would violate Ohio R.C. 4511.19 or any substantially equivalent municipal ordinance.
      (5)   The offender knows or has reasonable cause to believe that the vehicle is the subject of an immobilization waiver order issued under Ohio R.C. 4503.235 and the other person is prohibited from operating the vehicle under that order.
 
   (b)   Without limiting or precluding the consideration of any other evidence in determining whether a violation of subsection (a)(1), (2), (3), (4) or (5) of this section has occurred, it shall be prima-facie evidence that the offender knows or has reasonable cause to believe that the operator of the motor vehicle owned by the offender or under the offender's control is in a category described in subsection (a)(1), (2), (3), (4) or (5) of this section if any of the following applies:
      (1)   Regarding an operator allegedly in the category described in subsection (a)(1), (3) or (5) of this section, the offender and the operator of the motor vehicle reside in the same household and are related by consanguinity or affinity.
      (2)   Regarding an operator allegedly in the category described in subsection (a)(2) of this section, the offender and the operator of the motor vehicle reside in the same household, and the offender knows or has reasonable cause to believe that the operator has been charged with or convicted of any violation of law or ordinance, or has committed any other act or omission, that would or could result in the suspension or cancellation of the operator's license, permit or privilege.
      (3)   Regarding an operator allegedly in the category described in subsection (a)(4) of this section, the offender and the operator of the motor vehicle occupied the motor vehicle together at the time of the offense.
 
   (c)   Whoever violates this section is guilty of wrongful entrustment of a motor vehicle and shall be punished as provided in subsections (c) to (h) of this section.
      (1)   Except as provided in subsection (c)(2) of this section, whoever violates subsection (a)(1), (2) or (3) of this section is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of Ohio R.C. 2705.02.
      (2)   A.   If, within three years of a violation of subsection (a)(1), (2) or (3) of this section, the offender previously has pleaded guilty to or been convicted of two or more violations of division (A)(1), (2) or (3) of Ohio R.C. 4511.203 or a substantially equivalent municipal ordinance, the offender is guilty of a misdemeanor of the first degree.
         B.   Whoever violates subsection (a)(4) or (5) of this section is guilty of a misdemeanor of the first degree.
      (3)   For any violation of this section, in addition to the penalties imposed under Section 303.99, the court may impose a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02, and, if the vehicle involved in the offense is registered in the name of the offender, the court may order one of the following:
         A.   Except as otherwise provided in subsection (c)(3)B. or C. of this section, the court may order, for thirty days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicle’s license plates. If issued, the order shall be issued and enforced under Ohio R.C. 4503.233.
         B.   If the offender previously has been convicted of or pleaded guilty to one violation of Ohio R.C. 4511.203 or a substantially equivalent municipal ordinance, the court may order, for sixty days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicle’s license plates. If issued, the order shall be issued and enforced under Ohio R.C. 4503.233.
         C.   If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 4511.203 or a substantially equivalent municipal ordinance, the court may order the criminal forfeiture to the state of the vehicle involved in the offense. If issued, the order shall be issued and enforced under Ohio R.C. 4503.234.
If title to a motor vehicle that is subject to an order for criminal forfeiture under this subsection is assigned or transferred and division (B)(2) or (3) of Ohio R.C. 4503.234 applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national automobile dealer’s association. The proceeds from any fine imposed under this subsection shall be distributed in accordance with division (C)(2) of Ohio R.C. 4503.234.
   (d)   If a court orders the immobilization of a vehicle under subsection (c) of this section, the court shall not release the vehicle from the immobilization before the termination of the period of immobilization ordered unless the court is presented with current proof of financial responsibility with respect to that vehicle.
   (e)   If a court orders the criminal forfeiture of a vehicle under subsection (c) of this section, upon receipt of the order from the court, neither the Registrar of Motor Vehicles nor any deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the order. The period of denial shall be five years after the date the order is issued, unless, during that five-year period, the court with jurisdiction of the offense that resulted in the order terminates the forfeiture and notifies the Registrar of the termination. If the court terminates the forfeiture and notifies the Registrar, the Registrar shall take all necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer the registration of the vehicle.
   (f)   This section does not apply to motor vehicle rental dealers or motor vehicle leasing dealers, as defined in Ohio R.C. 4549.65.
   (g)   Evidence of a conviction of, plea of guilty to, or adjudication as a delinquent child for a violation of this section or a substantially similar municipal ordinance shall not be admissible as evidence in any civil action that involves the offender or delinquent child who is the subject of the conviction, plea, or adjudication and that arises from the wrongful entrustment of a motor vehicle.
   (h)   For purposes of this section, a vehicle is owned by a person if, at the time of a violation of this section, the vehicle is registered in the person’s name.
(ORC 4511.203)
303.11 IMPOUNDING VEHICLES FROM PUBLIC PROPERTY.
   A police officer may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in Section 341.12, under the following circumstances:
   (a)    Where a vehicle has been tagged for a violation of any of the parking regulations of this City and remains for one hour or longer thereafter at the place where tagged;
   (b)    When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations;
   (c)    When any vehicle has been stolen or operated without the consent of the owner;
   (d)    When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
   (e)    When any vehicle has been used in or connected with the commission of a felony;
   (f)    When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code whereby its continued operation would constitute a condition hazardous to life, limb or property;
   (g)    When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
   (h)    When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
   (i)    When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked;
   (j)    When any vehicle is found for which two or more citation tags for violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
   In conjunction with the impounding of any vehicle, the police officer in charge of such impounding shall make a full and complete inventory of the contents of such impounded vehicle.
   The Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(Ord. 43-91. Passed 8-5-91.)
303.12 FALSE INFORMATION TO LAW ENFORCEMENT OFFICER.
   (a)   No person shall knowingly present, display or orally communicate a false name, social security number or date of birth to a law enforcement officer who is in the process of issuing to the person a traffic ticket or complaint.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4513.361)
303.99 PENALTY.
   (a)   General Misdemeanor Classifications.
      (1)   Predicate Motor Vehicle or Traffic Offenses. Except as otherwise provided in this subsection, whoever violates any provision of this Traffic Code which is a predicate motor vehicle or traffic offense and for which no other penalty is provided is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates such provision is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates such provision is guilty of a misdemeanor of the third degree.
      (2)   Non-Predicate Motor Vehicle or Traffic Offense. Whoever violates any provision of this Traffic Code which is not a predicate motor vehicle or traffic offense and for which no other penalty is provided is guilty of a minor misdemeanor.
   (b)   Penalties. Whoever is convicted of or pleads guilty to a violation of this Traffic Code shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
 
Classification of
Misdemeanor
Maximum Term
of Imprisonment
Maximum Fine
First degree
180 days
$1,000.00
Second degree
90 days
750.00
Third degree
60 days
500.00
Fourth degree
30 days
250.00
Minor
No imprisonment
150.00
   (ORC 2929.24; 2929.28)
303.991 COMMITTING AN OFFENSE WHILE DISTRACTED PENALTY.
   (a)   As used in this section and each section of the Traffic Code where specified, all of the following apply:
      (1)   “Distracted” means doing either of the following while operating a vehicle:
         A.   Using a handheld electronic wireless communications device, as defined in Ohio R.C. 4511.204 except when utilizing any of the following:
            1.   The device’s speakerphone function;
            2.   A wireless technology standard for exchanging data over short distances;
            3.   A “voice-operated or hands-free” device that allows the person to use the electronic wireless communications device without the use of either hand except to activate, deactivate, or initiate a feature or function;
            4.   Any device that is physically or electronically integrated into the motor vehicle.
         B.   Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
      (2)   “Distracted” does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of Ohio R.C. 4511.84.
      (3)   “Distracted” does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage or a circumstance affecting the health or safety of individuals.
As used in subsection (a)(3) of this section:
         A.   “Utility” means an entity specified in division (A), (C), (D), (E) or (G) of Ohio R.C. 4905.03.
         B.   “Utility service vehicle” means a vehicle owned or operated by a utility.
   
   (b)   If an offender violates any section of this Traffic Code which provides for an enhanced penalty for an offense committed while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding Ohio R.C. 2929.28, is subject to an additional fine of not more than one hundred dollars ($100.00) as follows:
      (1)   Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation or summons for a violation of any section of the Traffic Code that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of one hundred dollars ($100.00).
         In lieu of payment of the additional fine of one hundred dollars ($100.00), the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Ohio Director of Public Safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of one hundred dollars ($100.00), so long as the offender submits to the court both the offender’s payment in full and such written evidence within ninety days of the underlying violation that resulted in the imposition of the additional fine under this section.
      (2)   If the offender appears in person to contest the ticket, citation or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than one hundred dollars ($100.00).
If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than one hundred dollars ($100.00), the court shall inform the offender that, in lieu of payment of the additional fine of not more than one hundred dollars ($100.00), the offender instead may elect to attend the distracted driving safety course described in subsection (b)(1) of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than one hundred dollars ($100.00), so long as the offender submits to the court the offender’s payment and such written evidence within ninety days of the underlying violation that resulted in the imposition of the additional fine under this section.
   (c)   If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of subsection (b) of this section that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the officer shall do both of the following:
      (1)   Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;
      (2)   Ensure that such report indicates the offender’s race.
         (ORC 4511.991)
 
311.01 THROUGH STREETS; STOP AND YIELD RIGHT OF WAY SIGNS.
   (a)   All State routes are hereby designated as through streets or highways, provided that stop signs, yield signs or traffic control signals shall be erected at all intersections with such through streets or highways by the Department of Transportation as to highways under its jurisdiction and by local authorities as to streets or highways under their jurisdiction, except as otherwise provided in this section.
   (b)   Other streets or highways, or portions thereof, are hereby designated through highways if they are within a municipal corporation, if they have a continuous length of more than one mile between the limits of such street or highway or portion thereof, and if they have “stop” or “yield” signs or traffic signals at the entrances of the majority of intersecting streets or highways. For purposes of this section, the limits of such street or highway or portion thereof shall be a municipal corporation line, the physical terminus of the street or highway, or any point on such street or highway at which vehicular traffic thereon is required by regulatory signs to stop or yield to traffic on the intersecting street.
   (c)   Council may designate additional through streets or highways and shall erect stop signs, yield signs or traffic control signals at all streets and highways intersecting such through streets or highways, or may designate any intersection as a stop intersection and shall erect like signs at one or more entrances to such intersection.
   (d)   The City Manager, as the Director of Safety, is authorized and directed to designate stop streets and through streets for all new intersections created by residential and/or commercial developments during the calendar year as soon as deemed necessary for safe intersection operation. The City Manager is authorized and directed to erect STOP right of way traffic control signs for the purpose of designating each of these intersections. These signs shall be legally enforceable upon installation and an ordinance shall be enacted at the end of each calendar year to list traffic control for all new intersections in the City.
(Ord. 16-99. Passed 6-21-99.)
311.02 NO TRAFFIC CONTROL SIGNALS AT INTERSECTIONS.
   Where two or more through streets or highways intersect and no traffic control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto, except as otherwise provided in this chapter.
(ORC 4511.65; Ord. 7-83. Passed 3-21-83.)
311.03 STOP SIGNS.
   Every stop sign shall bear the word “STOP” and conform to the latest standards and specifications as defined in the Ohio Manual of Traffic Control Devices.
(Ord. 47-18. Passed 11-5-18.)
311.04 RIGHT-OF-WAY AT THROUGH HIGHWAYS; STOP SIGNS.
   Except when directed to proceed by a law enforcement officer, every driver of a vehicle or trackless trolley approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting street where the driver has a view of approaching traffic on the intersecting street before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another street so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction streets.
(Ord. 44-91. Passed 8-5-91.)
311.05 AUTOMATIC TRAFFIC CONTROL DEVICES.
   When the movement of traffic through an intersection is controlled by an automatic traffic control device, the movement of traffic through that intersection shall be governed by the automatic signals of such device.
(Ord. 7-83. Passed 3-21-83.)
311.06 RIGHT TURN ON RED SIGNAL PROHIBITED.
   No operator of a vehicle proceeding toward the intersection and on the approach street designated in the following list shall execute a right turn against a steady red signal at any time when a sign prohibiting such turn is posted.
Approach Roadway
Intersection
(1)
Southbound South Broad Street
Broad Street/Dayton Drive
(2)
Northbound Interior Lane on Colonel Glenn Highway
Colonel Glenn Highway/Kauffman Avenue
(3)
(Former subsection (3) was repealed by Ordinance 42-99, passed January 3, 2000.)
(4)
Southbound South Maple Avenue
Dayton Drive/Maple Avenue
(5)
Eastbound Funderburg Road
Maple Avenue/Dayton - Yellow Springs Road/Funderburg Road
(6)
Westbound Dayton - Yellow Springs Road
Maple Avenue/Dayton - Yellow Springs Road/Funderburg Road
(7)
Westbound Xenia Drive
Broad Street/Xenia Drive
(8)
(EDITOR’S NOTE: Former subsection (8) was repealed by Ordinance 18-19, passed April 1, 2019.)
(9)
Eastbound Colonel Glenn Highway
Colonel Glenn Highway/North Fairfield Road
(10)
Red Oak Drive
Beaver Valley Road/Old Yellow Springs Road
(11)
Northbound Col. Glenn Highway
Col. Glenn Highway/Funderburg Road
(12)
Northbound Interior Lane on   North Fairfield Road
Colonel Glenn Highway/North Fairfield Road
(13)
Westbound Main Street
Broad Street/Main Street
(14)
(EDITOR’S NOTE: Former subsection (14) was repealed by Ordinance 18-19, passed April 1, 2019.)
(Ord. 47-18. Passed 11-5-18.)
(15)
Southbound Col. Glenn Highway
Col. Glenn Highway/University Blvd.
(Ord. 30-25. Passed 11-17-25.)
311.07 RIGHT TURN ON RED SIGNAL PROHIBITED FROM 7:00 A.M. TO 6:00 P.M. ON WEEKDAYS.
   (EDITOR’S NOTE: Section 311.07 was repealed by Ordinance 20-84, passed May 7, 1984.)
311.08 RIGHT TURN ON RED SIGNAL PROHIBITED FROM 7:00 A.M. TO 6:00 P.M.
   No operator of a vehicle proceeding toward the signalized intersection and on the approach street designated in the following list shall execute a right turn against a steady red signal between the hours of 7:00 a.m. and 6:00 p.m. when a sign prohibiting such turn is posted.
Approach Street
Intersection
(1)
(Former subsection (1) was repealed by Ordinance 43-99, passed January 18, 2000.)
(2)
(Former subsection (2) was repealed by Ordinance 43-99, passed January 18, 2000.)
(3)
Eastbound Broad Street
Broad Street/Central Avenue
(4)
(Former subsection (4) was repealed by Ordinance 43-99, passed January 18, 2000.)
(5)
Northbound Central Avenue
Central Avenue/Main Street
(6)
Southbound Central Avenue
Central Avenue/Main Street
(7)
Eastbound Main Street
Central Avenue/Main Street
(8)
Westbound Main Street
Central Avenue/Main Street
(9)
(Former subsection (9) was repealed by Ordinance 22-20, passed August 6, 2020.)
(10)
(Former subsection (10) was repealed by Ordinance 22-20, passed August 6, 2020.)
(11)
(Former subsection (11) was repealed by Ordinance 22-20, passed August 6, 2020.)
(12)
(Former subsection (12) was repealed by Ordinance 22-20, passed August 6, 2020.)
(13)
(Former subsection (13) was repealed by Ordinance 9-21, passed April 15, 2021.)
(Ord. 21-97 . Passed 5-19-97.)
311.09 RIGHT TURN ON RED SIGNAL PROHIBITED FROM 7:00 A.M. TO 8:00 P.M.
   (EDITOR’S NOTE: Section 311.09 was repealed by Ordinance 20-84, passed May 7, 1984.)
311.10 RIGHT TURN ON RED SIGNAL PROHIBITED FROM 4:00 P.M. TO 6:00 P.M. ON WEEKDAYS. (REPEALED)
   (EDITOR’S NOTE: Former Section 311.10 was repealed by Ordinance 18-19, passed April 1, 2019.)
311.11 STOP INTERSECTIONS DESIGNATED.
   The operator of a vehicle proceeding on any street in the following list designated as a stop street shall bring the vehicle to a full stop before proceeding to cross the corresponding intersecting street as listed among the streets designated as one of the through streets.
Stop Streets
Through Streets
(1)
Anna Street
Dayton-Yellow Springs Road
(2)
Archer Drive
Dayton Drive
(3)
Arlin Place
Dayton-Yellow Springs Road
(4)
Arlington Drive
Broad Street
(5)
Arlington Drive
Sandhill Road
(6)
Armstrong Road
Black Lane
(7)
Ash Drive
Broad Street
(8)
Ash Drive
First Street
(9)
Ash Drive
Second Street
(10)
Astoria Boulevard
Yellow Springs-Fairfield Road
(11)
Aviation Street
Montgomery Avenue
(12)
Bellaire Drive
Maple Avenue
(13)
Black Lane
Yellow Springs-Fairfield Road
(14)
Blair Drive
Highview Drive
(15)
Blanch Street
Sports Street
(16)
Blanch Street
Xenia Drive
(17)
Blossom Court
Ironwood Drive
(18)
Blossom Court
Poplar Drive
(19)
Bluegrass Drive
Black Lane
(20)
Bob Street
Highview Drive
(21)
Bonomo Drive
Ironwood Drive
(22)
Bonomo Drive
Maple Avenue
(23)
Bonomo Drive
Poplar Drive
(24)
Bordeaux Drive
Dayton-Yellow Springs Road
(25)
Burrowes Boulevard
Orville Street
(26)
(Repealed by Ordinance 53-86, passed 11-3-86.)
(27)
Cedar Drive
Broad Street
(28)
Cedar Drive
First Street
(29)
Cedar Drive
Second Street
(30)
Cedar Drive
Third Street
(31)
Central Avenue
Garland Avenue
(32)
Central Avenue
Kauffman Avenue
(33)
Centralia Avenue
Funderburg Road
(34)
Chapel Drive
Dayton-Yellow Springs Road
(35)
Chatham Drive
Maple Avenue
(36)
Circle Drive
Central Avenue (North Intersection)
(37)
Circle Drive
Central Avenue (South Intersection)
(38)
Clover Street
Broad Street
(39)
Clover Street
Second Street
(40)
Cold Springs Court
Armstrong Road
(41)
Cottage Court Drive
Roehner Drive
(42)
Cozad Drive
Dayton-Yellow Springs Road
(43)
Cozad Drive
Ironwood Drive
(44)
Cypress Drive
Broad Street
(45)
Cypress Drive
First Street
(46)
Cypress Drive
Second Street
(47)
Cypress Drive
Third Street
(48)
Cypress Drive
West Street
(49)
Dayton Drive (right turn lane)
Maple Avenue
(50)
Dayton-Yellow Springs Access
Dayton-Yellow Springs Road
(51)
(Repealed by Ordinance 48-89, passed 10-16-89.)
(52)
Doris Drive
Central Avenue
(53)
Doris Drive
Dellwood Drive
(54)
Dorothy Avenue
Funderburg Road
(55)
Duncan Drive
Zink Road
(56)
Eastview Drive
Broad Street
(57)
Eastview Drive
Sandhill Road
(58)
Elder Drive
Broad Street
(59)
Elder Drive
First Street
(60)
Elder Drive
Second Street
(61)
Elder Drive
Third Street
(62)
Elm Street
Dayton Drive
(63)
Elm Street
Main Street
(64)
Elm Street
Mann Avenue
(65)
Elm Street
Xenia Drive
(66)
Emerson Avenue
Central Avenue
(67)
Emerson Avenue
Maple Avenue
(68)
Erie Avenue
Maple Avenue
(69)
Euclid Avenue
Kauffman Avenue
(70)
Faculty Drive    
Dayton-Yellow Springs Road
(71)
Fairfield Avenue
Zimmerman Road
(72)
First Street
Clover Street
(73)
First Street
Koogler Street
(74)
(Repealed by Ordinance 30-24. Passed 12-2-24.)
(75)
First Street
Xenia Drive
(76)
Fitchland Drive
Maple Avenue
(77)
Florence Avenue
Fitchland Drive
(78)
Florence Avenue
Redbank Drive (East Intersection)
(79)
Florence Avenue
Redbank Drive (West Intersection)
(80)
Forest Lane
Zink Road
(81)
Forest Street
Superior Avenue
(82)
Forestdale Avenue
Beaver Valley Road
(83)
Frahn Avenue
Maple Avenue
(84)
Garland Avenue
Maple Avenue
(85)
Gilbert Avenue
Kauffman Avenue
(86)
Glaser Street
Sports Street
(87)
Glenrose Drive
Funderburg Road
(88)
Goodman Drive
Ironwood Drive
(89)
Goodman Drive
Maple Avenue
(90)
Grand Avenue
Dayton Drive
(91)
Grand Avenue
Main Street
(92)
Grand Avenue
Xenia Drive
(93)
Greene Street    
Broad Street
(94)
Greene Street    
Central Avenue
(95)
Greene Street
Second Street
(96)
Greene Street
Wright Avenue
(97)
Grove Street
Montgomery Avenue
(98)
Grove Street
Superior Avenue
(99)
Hamilton Drive
Funderburg Road
(100)
Harmony Lane
Black Lane
(101)
Harvard Avenue
Parkwood Drive
(102)
Hawthorne Drive
Central Avenue
(103)
Hawthorne Drive
Hebble Avenue
(104)
Hebble Avenue
Maple Avenue
(105)
Hemlock Drive
Garland Avenue
(106)
Hickory Lane    
Dayton Drive (North Intersection)
(107)
Hickory Lane
Dayton Drive (South Intersection)
(108)
High Street
Kauffman Avenue
(109)
Highview Drive
Sandhill Road
(110)
Holmes Drive
Mann Avenue
(111)
Holmes Drive
Maple Avenue
(112)
Honeysuckle Drive
Black Lane
(113)
Hower Lane
Yellow Springs-Fairfield Road
(114)
Hower Lane
Sports Street
(115)
Iola Lane
Dayton Drive
(116)
Iola Lane
Pleasant Avenue
(117)
Ironwood Drive
Funderburg Road
(118)
James Drive
Central Avenue
(119)
James Drive
Maple Avenue
(120)
June Drive
Emerson Avenue
(121)
June Drive
Wallace Drive
(122)
June Drive
Williams Street
(123)
Juniper Drive
Hemlock Drive
(124)
Juniper Drive
Maple Avenue
(125)
Kathy Drive
Funderburg Road
(126)
Kauffman Avenue
Central Avenue
(127)
Koogler Street
Broad Street
(128)
Koogler Street
Second Street
(129)
Landmark Court
Beaver Valley Road
(130)
Lawndale Avenue
Beaver Valley Road
(131)
Lincoln Drive
Dayton Drive
(132)
Lindberg Drive
Central Avenue
(133)
Lindberg Drive
Kauffman Avenue
(134)
Lindberg Drive
Maple Avenue
(135)
Lynn Drive
Dayton Drive
(136)
Lynn Drive
Greene Street
(137)
Lynn Drive
Ohio Street
(138)
Madison Street
Superior Avenue
(139)
Magnolia Lane
Ironwood Drive
(140)
Main Street
Dayton Drive
(141)
Mann Avenue
Central Avenue
(142)
Mann Avenue
Dayton Drive
(143)
Mann Avenue
Maple Avenue
(144)
Maple Avenue
Broad Street
(145)
Maplegrove Drive
Maple Avenue
(146)
McLaughlin Avenue
Maple Avenue
(147)
McLaughlin Avenue
Central Avenue
(148)
Meadow Drive
Maple Avenue
(149)
Miami Avenue
Dayton-Yellow Springs Road
(150)
Miami Avenue
Forest Street
(151)
Miami Avenue
Funderburg Road
(152)
Middle Street
Broad Street
(153)
Middle Street
First Street
(154)
Middle Street
Miller Avenue
(155)
Middle Street
Second Street
(156)
Middle Street
West Street
(157)
Miller Avenue
Main Street
(158)
Miller Avenue
Xenia Drive
(159)
Montgomery Avenue
Funderburg Road
(160)
Montgomery Avenue
Kauffman Avenue
(161)
North Boulevard
Funderburg Road
(162)
North Boulevard
Kauffman Avenue
(163)
Oak Street
Ironwood Drive
(164)
Oakhill Drive
Highview Drive
(165)
Oakwood Avenue
Beaver Valley Road
(166)
Ohio Street
Broad Street
(167)
Ohio Street
Second Street
(168)
Ohio Street
Wright Avenue
(169)
(Repealed by Ordinance 4-98. Passed 2-2-98.)
(170)
Orville Street
Superior Avenue
(171)
Orville Street
Montgomery Avenue
(172)
Orville Street
Zimmerman Road
(173)
Osborn Avenue
Zimmerman Road
(174)
Overlook Drive
Broad Street
(175)
Oxford Drive
Beaver Valley Road
(176)
Palmer Drive
Highview Drive
(177)
Park Lane
Central Avenue
(178)
Park Lane
Grand Avenue
(179)
Park Hills Drive
Dayton-Yellow Springs Road
(180)
Parkwood Drive
Central Avenue
(181)
Parkwood Drive
Kauffman Avenue
(182)
Parkwood Drive
Maple Avenue
(183)
Pat Lane
Maple Avenue
(184)
Patterson Street
Montgomery Avenue
(185)
Patterson Street
Superior Avenue
(186)
Pearl Street
Maple Avenue
(187)
Pierce Drive
Broad Street
(188)
Legion Lane
Broad Street
(189)
Legion Lane
First Street
(190)
Legion Lane
Miller Avenue
(191)
Legion Lane
Second Street
(192)
Legion Lane
Third Street
(193)
Pleasant Avenue
Dayton Drive
(194)
Pleasant Avenue
Main Street
(195)
Pleasant Avenue
Xenia Drive
(196)
Ponderosa Court
Black Lane
(197)
Poplar Lane
Goodman Drive
(198)
Poplar Lane
Magnolia Lane
(199)
Powell Avenue
Kauffman Avenue
(200)
Powell Avenue
Maple Avenue
(201)
(Repealed by Ordinance 47-91, passed 8-5-9l.)
(202)
Redbud Drive
Black Lane
(203)
Regina Drive
Florence Avenue
(204)
Regina Drive
Marchmont Drive
(205)
Rice Boulevard
Funderburg Road
(206)
Rice Boulevard
Kauffman Avenue
(207)
Rising Hill Drive
Yellow Springs-Fairfield Road
(208)
Robbins Avenue
Central Avenue
(209)
Rockdell Drive
Old Yellow Springs Road
(210)
Roehner Drive
Yellow Springs-Fairfield Road
(211)
Rona Parkway Drive
Black Lane
(212)
Rona Village Boulevard
Armstrong Road
(213)
Routzong Drive
Ironwood Drive
(214)
Routzong Drive
Maple Avenue
(215)
Routzong Drive
Poplar Lane
(216)
Royal Oaks Drive
Maple Avenue
(217)
Sandhill Road    
Broad Street
(218)
Saratoga Drive
Roehner Drive
(219)
Sanzon Drive    
Zink Road
(220)
Schneider Drive
Central Avenue
(221)
Schneider Drive
Maple Avenue
(222)
Second Street    
Dayton Drive
(223)
Second Street
Main Street
(224)
Second Street
Xenia Drive
(225)
Shawnee Lane
Dayton Drive
(226)
Slip Lane
Central Avenue
(227)
Slip Lane
Pleasant Avenue
(228)
South Street
Broad Street
(229)
South Street
Central Avenue
(230)
South Street
Wright Avenue
(231)
(Repealed by Ordinance 47-91, passed 8-5-91.)
(232)
Spangler Road
Yellow Springs-Fairfield Road
(233)
Sports Street
Yellow Springs-Fairfield Road
(234)
Sports Street
Xenia Drive
(235)
Spruce Drive
Broad Street
(236)
Spruce Drive
First Street
(237)
Spruce Drive
Second Street
(238)
Spruce Drive
Third Street
(239)
State Street
Ironwood Drive
(240)
State Street
Kauffman Avenue
(241)
Stewart Boulevard
Dayton-Yellow Springs Road
(242)
Stewart Boulevard
Funderburg Road
(243)
Stoneybrook Trail
Armstrong Road
(244)
Sunburst Drive
Redstone Drive
(245)
Sunset Drive
Sandhill Road
(246)
Superior Avenue
Dayton-Yellow Springs Road
(247)
Superior Avenue
Funderburg Road
(248)
Superior Avenue
Gilbert Avenue
(249)
Tacoma Lane
Maple Avenue
(250)
Tacoma Lane    
Pleasant Avenue
(251)
Tecumseh Lane
Grand Avenue
(252)
Third Street
Clover Street
(253)
Third Street
Main Street
(254)
Third Street
Middle Street
(255)
Third Street
Xenia Drive
(256)
Vanderbilt Drive
Broad Street
(257)
Vine Street
Superior Avenue
(258)
Vine Street
Kauffman Avenue
(259)
Wallace Drive
Emerson Avenue
(260)
Walnut Drive
Lynn Drive
(261)
Walnut Drive
Second Street
(262)
Warm Springs Drive
Yellow Springs-Fairfield Road
(263)
Warm Springs Drive
Mill Race Drive
(264)
Wayne Drive
Central Avenue
(265)
Wayne Drive
Maple Avenue
(266)
West Street
Main Street
(267)
West Street
Xenia Drive
(268)
Westport Drive
Maple Avenue
(269)
Whittier Avenue
Central Avenue
(270)
Whittier Avenue
Lincoln Drive
(271)
Wilbur Avenue
Funderburg Road
(272)
Wiley Street
Forest Street
(273)
Williams Street
Lincoln Drive
(274)
Wilson Avenue
Beaver Valley Road
(275)
Woodlawn Drive
Maple Avenue
(276)
Woodvine Street
Funderburg Road
(277)
Wright Avenue
Dayton Drive
(278)
Wright Avenue
Xenia Drive
(279)
Zimmer Drive   
Maple Avenue
(280)
(Repealed by Ordinance 48-89, passed 10-16-89.)
(281)
(Repealed by Ordinance 41-93, passed July 6, 1993.)
(282)
Zink Road
Kauffman Avenue
    (Ord. 30-83. Passed 7-5-83; Ord. 33-83. Passed 8-1-83; Ord. 65-88. Passed 12-5-88; Ord. 22-96. Passed 4-15-96.)
(283)
Executive Park Boulevard
Col. Glenn Highway
(284)
Executive Park Boulevard
Presidential Drive
    (Ord. 4-84. Passed 2-6-84.)
(285)
(Repealed by Ordinance 1-95, passed January 17, 1995.)
(286)
Zapata Drive
Yellow Springs-Fairfield Road
    (Ord. 65-88. Passed 12-5-88.)
(287)
Third Street
Hebble Avenue
(Ord. 35-85. Passed 8-19-85.)
(288)
Ash Drive
Third Street
    (Ord. 42-85. Passed 9-16-85.)
(289)
Hunters Ridge
Black Lane
    (Ord. 54-85. Passed 10-21-85.)
(290)
(Repealed by Ordinance 3-01, passed February 5, 2001.)
(291)
Winona Drive
Park Hills Drive
    (Ord. 68-85. Passed 12-2-85.)
(292)
Van Tress Drive
Mitman Drive
    (Ord. 72-85. Passed 12-16-85.)
(293)
Sunnymead Drive
Hunters Ridge Drive
    (Ord. 41-86. Passed 10-20-86.)
(294)
Oxford Drive
Chapel Drive
      (Ord. 46-86. Passed 10-20-86.)
(295)
Paramount Place
Colonel Glenn Highway
    (Ord. 24-89. Passed 4-17-89.)
(296)
Eagle Highlands Drive
Zink Road
    (Ord. 51-86. Passed 11-3-86.)
(297)
Enterprise Drive
Commerce Center Boulevard
    (Ord. 54-86. Passed 11-3-86.)
(298)
(Repealed by Ordinance 3-02, passed January 22, 2002.)
(299)
(Former subsection (299) was repealed by Ordinance 45-99, passed January 3, 2000.)
(300)
(Repealed by Ordinance 58-89, passed 11-20-89.)
(301)
(Repealed by Ordinance 8-88, passed February 15, 1988.)
(302)
North Boulevard
Orville Street
    (Ord. 82-86. Passed 1-5-87.)
(303)
Autumn Creek Drive
Beaver Valley Road
(304)
(Repealed by Ordinance 27-04, passed June 21, 2004)
(305)
Diana Lane North and Diana Lane West
Pat Lane
    (Ord. 31-91. Passed 6-3-91.)
(306)
Meadowlands Drive
Garland Avenue
    (Ord. 6-92. Passed 2-17-92.)
(307)
Stewart Blvd.
Grove Street
    (Ord. 32-92. Passed 5-18-92.)
(308)
Northgate Boulevard
Trebein Road
    (Ord. 55-92. Passed 9-21-92.)
(309)
Miami Avenue
Patterson Street
(310)
Miami Avenue
Grove Street
(311)
Miami Avenue
Orville Street
(312)
Wilbur Avenue
Patterson Street
(313)
Wilbur Avenue
Grove Street
(314)
Wilbur Avenue
Orville Street
(315)
Rice Boulevard
Patterson Street
(316)
Rice Boulevard
Orville Street
(317)
North Boulevard
Patterson Street
    (Ord. 7-93. Passed 3-1-93.)
(318)
Sunnymead Drive
Cottage Court Drive
    (Ord. 34-93. Passed 7-6-93.)
(319)
South Zimmerman Road
Funderburg Road
(320)
North Zimmerman Road
Funderburg Road
    (Ord. 41-93. Passed 7-6-93.)
(321)
Tecumseh Lane
Dayton Drive
    (Ord. 64-93. Passed 9-20-93.)
(322)
Apple Street
Garland Avenue
    (Ord. 70-93. Passed 10-4-93.)
(323)
Beech Street
Garland Avenue
    (Ord. 71-93. Passed 10-4-93.)
(324)
Kapok Drive
Garland Avenue
    (Ord. 72-93. Passed 10-4-93.)
(325)
North Drive
Dorothy Avenue
    (Ord. 9-93. Passed 3-15-93.)
(326)
Loretta Drive
Rockdell Drive
    (Ord. 32-94. Passed 9-6-94.)
(327)
Margaret Drive
Adams Street
    (Ord. 40-94. Passed 11-7-94.)
(328)
Graceland Drive
Garland Avenue
    (Ord. 8-95. Passed 3-20-95.)
(329)
Remington Court
Yellow Springs-Fairfield Road
    (Ord. 9-95. Passed 3-20-95.)
(330)
Commerce Center Boulevard
Trebein Road
    (Ord. 19-96. Passed 4-15-96.)
(331)
Candlelite Lane
Trebein Road
    (Ord. 20-96. Passed 4-15-96.)
(332)
Channing Way Drive
Trebein Road
(333)
Sentinel Ridge Drive
Trebein Road
(334)
Windsong Trail
Trebein Road
    (Ord. 39-97. Passed 9-2-97.)
(335)
Quail Run Drive
Beaver Valley Road
(Ord. 55-97. Passed 10-20-97.)
(336)
Channingway Drive
Commerce Center Boulevard
    (Ord. 29-98. Passed 8-3-98.)
(337)
Market Court
Commerce Center Boulevard
    (Ord. 54-98. Passed 12-7-98.)
(338)
Brookstone Drive
Trebein Road
    (Ord. 55-98. Passed 12-21-98.)
(339)
Lawton Drive
Reese Drive
    (Ord. 1-99. Passed 1-19-99.)
(340)
Rainbow Court
Gateway Drive
    (Ord. 4-01. Passed 2-5-01.)
(341)
Successful Drive
Commerce Center Boulevard
Successful Drive
Channingway Drive
Faircreek Ridge Drive
Old Yellow Springs Road
Sanctuary Drive
Garland Avenue
      (Ord. 1-02. Passed 1-22-02.)
(342)
Vanderlyn Court
Trebein Road
Sterling Court
Exchange Court
      (Ord. 3-03. Passed 1-21-03.)
(343)
Chapelgate Drive
Xenia Drive
    (Ord. 3-04. Passed 1-20-04.)
(344)
Empire Court
Commerce Center Boulevard
(345)
Commerce Center Boulevard
Garland Avenue
    (Ord. 3-07. Passed 2-16-07.)
(346)
Habitat Drive
Chapelgate Drive
(347)
Habitat Drive
Cleary Drive
(348)
Preservation Street
Cleary Drive
(349)
Pat Lane
Preservation Street
    (Ord. 24-09. Passed 7-6-09.)
(350)
Monticello Drive
Stoneybrook Trail
(Ord. 48-11. Passed 12-5-11.)
(351)
Artesian Lane
Waterford Boulevard (north intersection)
(352)
Brehm Boulevard
Trebein Road
(353)
Cascade Drive
Waterford Boulevard
(354)
Cliffside Drive
Armstrong Road
(355)
Skyhawk Court
Dayton-Yellow Springs Road
(356)
Waterford Boulevard
Yellow Springs-Fairfield Road (east intersection)
(357)
Waterford Boulevard
Yellow Springs-Fairfield Road (west intersection)
(358)
Gilbert Avenue
Wiley Avenue
(Ord. 19-16. Passed 7-5-16.)
(359)
Wright Avenue
Main Street
(Ord. 22-20. Passed 8-6-20.)
(360)
Arden Way
Commerce Center Boulevard
(361)
Cresting Road
Cascade Drive
(362)
Dellwood Drive
Westport Drive
(363)
Florence Avenue
Pat Lane
(Ord. 9-21. Passed 4-15-21.)
(364)
Forest Street
Salem Avenue
(365)
Heathgate Way
Commerce Center Boulevard
(366)
Catford Court   
Heathgate Way
(Ord. 12-23. Passed 3-20-23.)
(367)
Main Street
First Street
(Ord. 30-24. Passed 12-2-24.)
(368)
Pat Lane
Diana Lane East
(Ord. 30-25. Passed 11-17-25.)
311.12 FOUR-WAY STOP INTERSECTIONS DESIGNATED.
   The operator of a vehicle proceeding on either street in the following list of intersections shall bring the vehicle to a full stop before entering the intersection.
(1)
Cottage Court Drive
Rona Parkway Drive
(2)
Garland Avenue
Ironwood Drive
(3)
State Street
Wiley Avenue
(4)
Presidential Drive
Paramount Place
(5)
Presidential Drive
Center Park Boulevard
(6)
Presidential Drive
University Boulevard
(7)
Whitetail Drive
Windsong Trail
(Ord. 26-05. Passed 7-5-05.)
(8)
Main Street
Maple Avenue
      (Ord. 12-23. Passed 3-20-23.)
311.121 THREE-WAY STOP INTERSECTION DESIGNATED.
   (EDITOR’S NOTE: This section was repealed by Ordinance 35-91, passed June 3, 1991.)
311.13 THROUGH HIGHWAYS DESIGNATED.
   The following are hereby designated as through highways within the City:
   (a)   Beaver Valley Road between the south corporation limit and Dayton-Yellow Springs Road;
   (b)   Broad Street;
   (c)   Central Avenue between Kauffman Avenue and the north corporation limit;
   (d)   Colonel Glenn Highway between the west and east corporation limits;
   (e)   Commerce Center Boulevard;
   (f)   Dayton Drive;
   (g)   Dayton-Yellow Springs Road;
   (h)   Funderburg Road;
   (i)   Garland Avenue between 115 feet east of Marchmont Drive and Trebein Road;
   (j)   Ironwood Drive between Funderburg Road and Garland Avenue;
   (k)   Kauffman Avenue between the west corporation limit and Central Avenue;
   (l)   Maple Avenue;
   (m)   Spangler Road;
   (n)   Xenia Drive;
   (o)   Yellow Springs-Fairfield Road.
      (Ord. 47-18. Passed 11-5-18.)
311.14 PROHIBITED LEFT TURNS.
   (a)   No operator of a vehicle proceeding on northbound Central Avenue shall execute a left turn onto Kauffman Avenue at the intersection of Kauffman Avenue and Central Avenue.
   (b)   No operator of a vehicle proceeding on eastbound Dayton Drive shall execute a left turn onto Maple Avenue at the intersection of Dayton Drive and Maple Avenue.
   (c)   No operator of a vehicle proceeding on westbound Dayton Drive shall execute a left turn onto Maple Avenue at the intersection of Dayton Drive and Maple Avenue.
   (d)   No operator of a vehicle proceeding on southbound Maple Avenue shall execute a left turn onto Dayton Drive at the intersection of Dayton Drive and Maple Avenue.
   (e)   No operator of a vehicle proceeding on northbound Maple Avenue shall execute a left turn from East Dayton-Yellow Springs Road to a point 210 feet north of East Dayton-Yellow Springs Road.
   (f)   No operator of a vehicle proceeding on northbound Paramount Place shall execute a left turn onto Colonel Glenn Highway at the intersection of Colonel Glenn Highway and Paramount Place.
   (g)   No operator of a vehicle proceeding on westbound Dayton-Yellow Springs Road shall execute a left turn between Maple Avenue and a point 250 feet west of Maple Avenue.
   (h)   No operator of a vehicle proceeding on eastbound Spruce Drive shall execute a left turn onto Broad Street.
   (i)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 30-25. Passed 11-17-25.)
311.15 PROHIBITED RIGHT TURNS.
   (a)    No operator of a vehicle proceeding northbound on Broad Street shall execute a right turn onto South Street at the intersection of Broad Street and South Street.
 
   (b)    No operator of a vehicle proceeding northbound on Broad Street shall execute a right turn onto Ohio Street at the intersection of Broad Street and Ohio Street.
 
   (c)    No operator of a vehicle proceeding northbound on Broad Street shall execute a right turn onto Greene Street at the intersection of Broad Street and Greene Street.
(Ord. 26-17. Passed 8-7-17.)
311.99 PENALTY.
   Whoever violates any provision of this chapter is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree.
(Ord. 7-83. Passed 3-21-83.)
313.01 IOLA LANE.
   It shall be unlawful to proceed, except in a southerly direction, on that part of Iola Lane running north and south.
(Ord. 7-83. Passed 3-21-83.)
313.02 TECUMSEH LANE.
   (EDITOR'S NOTE: This section was repealed by Ordinance 65-93, passed September 20, 1993.)
313.03 MEADOW DRIVE.
   It shall be unlawful to proceed, except in an easterly direction, on Meadow Drive in the City.
(Ord. 7-83. Passed 3-21-83.)
313.04 RONA VILLAGE BOULEVARD.
   (a)   It shall be unlawful to proceed, except in a southerly direction, on the west roadway of Rona Village Boulevard.
   (b)   It shall be unlawful to proceed, except in a northerly direction, on the east roadway of Rona Village Boulevard.
(Ord. 7-83. Passed 3-21-83.)
313.05 DELLWOOD DRIVE.
   It shall be unlawful to proceed, except in a southerly direction, on Dellwood Drive between Redbank Drive and Westport Drive.
(Ord. 47-18. Passed 11-5-18.)
313.99 PENALTY.
   Whoever violates any provision of this chapter is guilty of a minor misdemeanor.
(Ord. 7-83. Passed 3-21-83.)
315.01 AUTHORITY TO DESIGNATE YIELD RIGHT-OF-WAY INTERSECTIONS.
   The City Manager, as the Director of Safety, is authorized and directed to designate Yield Right-of-Way Streets and Right-of-Way Streets, for all new intersections created by residential and/or commercial developments during the calendar year as soon as deemed necessary for safe intersection operation. The City Manager is authorized and directed to erect yield right-of-way traffic control signs for the purpose of designating each of these intersections. These signs shall be legally enforceable upon installation and an ordinance shall be enacted at the end of each calendar year to list traffic control for all new intersections in the City.
(Ord. 17-99. Passed 6-21-99.)
315.02 SPECIFICATIONS FOR SIGNS; LOCATION.
   Such traffic control signs, on which there shall be the word “YIELD”, shall meet and comply with the following specifications:
Size and Shape. An equilateral triangle with thirty-six inch sides, mounted such that the triangle points downward.
Color. A red border and a white interior and the word yield in red inside the border band.
(Ord. 7-83. Passed 3-21-83.)
315.03 RIGHT OF WAY AT INTERSECTIONS.
   The driver of a vehicle or trackless trolley approaching a yield sign shall slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting street where the driver has a view of approaching traffic on the intersecting street before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle or trackless trolley in the intersection or approaching on another street so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of streets. Whenever a driver is involved in a collision with a vehicle or trackless trolley in the intersection or junction of streets, after driving past a yield sign without stopping, the collision shall be prima-facie evidence of the driver’s failure to yield the right-of-way.
(Ord. 44-91. Passed 8-5-91.)
315.04 YIELD RIGHT OF WAY INTERSECTIONS DESIGNATED.
Yield Right of Way Street
Right-of-Way Street
(1)
Adrian Court
Rona Parkway Drive
(2)
Apple Street
Doris Drive
(3)
(Repealed by Ordinance 70-93, passed October 4, 1993. See Section 311.11(322).)
(4)
Arms Drive
Ohio Street
(5)
Astoria Boulevard
Peidmont Drive
(6)
Baywood Drive
Regatta Park Drive
(7)
Beacon Drive
Rona Parkway Drive
(8)
Beech Street
Doris Drive
(9)
(Repealed by Ordinance 71-93, passed October 4, 1993. See Section 311.11(323).)
(10)
Beech Street
Maplegrove Drive/Mapleridge Drive
(11)
Bellaire Drive
Chatham Drive
(12)
Blair Drive
Kevin Drive
(13)
Bluegrass Drive
Sharon Drive
(14)
Bob Street
Overlook Drive
(15)
Bordeaux Drive
Ironwood Drive
(16)
Bowman Drive
Glendale Drive
(17)
Bowman Drive
Wedgewood Drive
(18)
Brent Drive
Rockdell Drive
(19)
Brent Drive
Redstone Drive
(20)
Brockway Court
Westport Drive
(21)
Brown Avenue
Henry Street
(22)
Buckeye Avenue
Wiley Avenue
(23)
Burchwood Drive
Zimmer Drive
(24)
Burchwood Drive
Bowman Drive
(25)
Burrowes Boulevard
Patterson Street
(26)
Cambridge Drive
Oxford Drive
(27)
Cambridge Drive
Chapel Drive
(28)
Campus Drive   
Faculty Drive
(29)
Campus Drive
Forestview Drive
(30)
Campus Drive   
Southlawn Drive
(31)
Canova Court
Dellwood Drive
(32)
Carpenter Drive
Robinson Drive
(33)
Carpenter Drive
Woodlawn Drive
(34)
Cash Court
Kathy Drive
(35)
Cedar Drive
West Street
(36)
Chatham Drive
Rawlings Drive
(37)
Cherry Hill Place
Redbud Drive
(38)
Cherrywood Drive
Ridgewood Drive
(39)
Columbia Avenue
Parkwood Drive
(40)
Columbia Avenue
McLaughlin Avenue
(41)
Coronado Drive
Landsdale Drive
(42)
Coronado Drive
Peidmont Drive
(43)
Cottage Court Drive
Mint Springs Drive
(44)
Damon Court
Dellwood Drive
(45)
Darrell Drive
Loretta Avenue
(46)
Date Street
Doris Drive
(47)
Date Street
Fig Street
 
(48)
Davis Drive
Overlook Drive
(49)
Dayton-Yellow Springs
Road Access   
Faculty Drive
(50)
(Repealed by Ordinance 19-16, passed July 5, 2016.)
(51)
Dellinger Drive
Hillridge Drive
(52)
Dellinger Drive
Van Tress Drive
(53)
Dellwood Drive
Marchmont Drive
(54)
(Repealed by Ordinance 63-93, passed September 20, 1993.)
(55)
(Repealed by Ordinance 9-21, passed April 15, 2021.)
(56)
Dexter Place
Dellwood Drive
(57)
Dexter Place
Florence Avenue
(58)
Diana Lane East
Marchmont Drive
(59)
Diana Lane West
Pat Lane
(60)
Diana Lane West
Fitchland Drive
(61)
Diana Lane West
Redbank Drive
(62)
Dickey Avenue
Dorothy Avenue
(63)
Dorado Drive
Rona Parkway Drive
(64)
Ebony Lane
Date Street
(65)
Ebony Lane
Ironwood Drive
(66)
Edna Avenue
Dorothy Avenue
(67)
Elder Drive
West Street
(68)
Eleanor Street   
Anna Street
(69)
Elm Avenue
Archer Drive
(70)
Elm Avenue
Holmes Drive
(71)
Erie Avenue
Cleary Drive
(72)
Wiley Avenue
Euclid Avenue
(73)
Faculty Drive
Southlawn Drive
(74)
Fairway Drive   
Glendale Drive
(75)
Fig Street
Central Avenue
(76)
Fig Street
Ironwood Drive
(77)
Fitchland Drive
Diana Lane East
(78)
Flick Drive
Zimmer Drive
(79)
Flintridge Drive
Diana Lane North
(80)
Flintridge Drive
Erie Avenue
(81)
Flintridge Drive
Galewood Drive
(82)
Florence Avenue
Flintridge Drive
(83)
Florence Avenue
Marchmont Drive
(84)
(Repealed by Ordinance 9-21, passed April 15, 2021.)
(85)
(Repealed by Ordinance 12-23, passed March 20, 2023.)
(86)
Forest Street
Tennessee Street
(87)
Forestdale Avenue
Centralia Avenue
(88)
Forestview Drive
Robin Hood Drive
(89)
Frahn Avenue   
Kauffman Avenue
(90)
Fraternity Court
Dayton-Yellow Springs Access
(91)
Galewood Drive
Flintridge Drive
(92)
Galewood Drive
Pat Lane
(93)
Gilbert Avenue
Salem Avenue
(94)
(Repealed by Ordinance 19-16, passed July 5, 2016.)
(95)
Glendale Drive
Bellaire Drive
 
(96)
Glendale Drive
Royal Oaks Drive
(97)
Glendale Drive
Zimmer Drive
(98)
Glenrose Drive
Joyce Drive
(99)
Glenview Court
Woodhill Drive
(100)
Goodman Drive
Cozad Drive
(101)
Grant Street
Adams Street
(102)
Grant Street
Swigart Drive
(103)
Greenoak Court
Zimmer Drive
(104)
Hartley Drive   
Hillridge Drive
(105)
Hartley Drive   
Van Tress Drive
(106)
Harvard Avenue
Doris Drive
(107)
Hemlock Drive
Ironwood Drive
(108)
Herky Place
Campus Drive
(109)
Hillridge Drive
Adams Street
(110)
Hillridge Drive
Mitman Drive
(111)
Hillrose Place   
Zimmer Drive
(112)
Hoak Drive
Bordeaux Drive
(113)
Hoak Drive
Ironwood Drive
(114)
Holgate Court   
Redbank Drive
(115)
Holmes Drive   
Archer Drive
(116)
Honeysuckle Drive
Rising Hill Drive
(117)
Horizon Drive
Hillcrest Drive
(118)
Huston Drive
Doris Drive
(119)
Huston Drive
Westport Drive
(120)
Ivanhoe Drive   
Peidmont Drive
(121)
Ivanhoe Drive
Saratoga Drive
(122)
Jan Court
Mark Lane
(123)
Jefferson Street
Dayton Drive
(124)
Jefferson Street
Grant Street
(125)
June Drive
Wayne Drive
(126)
June Drive
Whittier Avenue
(127)
Jutewood Court
Campus Drive
(128)
(Repealed by Ordinance 72-93, passed October 4, 1993. See Section 311.11(324).)
(129)
Kapok Drive
Magnolia Lane
(130)
Kathy Drive
Mark Lane
(131)
Kevin Drive
Davis Drive
(132)
Kirkwood Drive
Cleary Drive
(133)
Kirkwood Drive
Diana Lane North
(134)
Kirkwood Drive
Erie Avenue
(135)
Kneisly Drive
Hillridge Drive
(136)
Kneisly Drive   
Van Tress Drive
(137)
Landsdale Drive
Ortego Drive
(138)
Landsdale Drive
Young Drive
(139)
Langview Drive
Campus Drive
(140)
Langview Drive
Royal Oaks Drive
(141)
Lawndale Avenue
Centralia Avenue
(142)
Lee Court
Triumph Drive
(143)
Lewis Drive
Adams Street
 
(144)
Lewis Drive
Mitman Drive
(145)
Lexington Avenue
McLaughlin Avenue
(146)
Lexington Avenue
Parkwood Drive
(147)
Linda Lane
Doris Drive
(148)
Lindway Drive
Dellwood Drive
(149)
Lindway Drive
Florence Avenue
(150)
Lindway Drive
Ramona Drive
(151)
Lockwood Court
Redbank Drive
(152)
Locust Drive
Hemlock Drive
(153)
Locust Drive
Kapok Drive
(154)
Lohnes Drive
Adams Street
(155)
Lohnes Drive
Mitman Drive
(156)
(Repealed by Ordinance 32-94, passed September 6, 1994. See Section 311.11(326).)
(157)
Lovington Drive
Ohio Street
(158)
(Repealed by Ordinance 9-97, passed February 17, 1997.)
(159)
Lowell Drive
Patterson Street
(160)
Madison Street
Salem Avenue
(161)
Madison Street
Wiley Avenue
(162)
Maplegrove Drive
Juniper Drive
(163)
Mapleridge Drive
Juniper Drive
(164)
Mapleridge Drive
Maplegrove Drive
(165)
Marchmont Drive
Florence Avenue
(166)
(Repealed by Ordinance 40-94, passed November 7, 1994. See Section 311.11(327).)
(167)
Marietta Drive
Beacon Drive
(168)
Marietta Drive
Coronado Drive
(169)
Marshall Drive
Marchmont Drive
(170)
McCurdy Court
Warm Springs Drive
(171)
McIntire Drive
Adams Street
(172)
McIntire Drive
Mitman Drive
(173)
McLaughlin Avenue
Harvard Avenue
(174)
Meadow Wood Drive
Rising Hill Drive
(175)
Meadow Wood Drive
Warm Springs Drive
(176)
Merwin Court
Erie Avenue
(177)
Merribrook Court
Hillcrest Drive
(178)
(Repealed by Ordinance 7-93, passed March 1, 1993. See Section 311.01(310).)
(179)
(Repealed by Ordinance 7-93, passed March 1, 1993. See Section 311.01(311).)
(180)
(Repealed by Ordinance 7-93, passed March 1, 1993. See Section 311.01(309).)
(181)
Mill Race Drive
Hillcrest Drive
(182)
Mitman Drive   
Margaret Drive
(183)
Wimbledon Drive
Stoneybrook Trail
(184)
Morris Drive
Archer Drive
(185)
Morris Drive
Lincoln Drive
(186)
Nakota Drive
Rona Parkway Drive
(187)
Normandy Drive
Stoneybrook Trail
(188)
North Boulevard
Daytonia Avenue
(189)
Grove Street
North Boulevard
(190)
(Repealed by Ordinance 82-86, passed 1-5-87.)
(191)
North Boulevard
Osborn Avenue
 
(192)
(Repealed by Ordinance 7-93, passed March 1, 1993.)
(193)
(Repealed by Ordinance 9-93, passed March 15, 1993.)
(194)
North Haven Drive
(EastIntersection)
Marchmont Drive
(195)
North Haven Drive
(West Intersection)
Marchmont Drive
(196)
Nottingham Drive
Cambridge Drive
(197)
Nottingham Drive
Oxford Drive
(198)
Oakhill Avenue
(North Intersection)
Circle Drive
(199)
Oakhill Avenue
(South Intersection)
Circle Drive
(200)
Oakhill Avenue
Kevin Drive
(201)
Oakwood Avenue
Centralia Avenue
(202)
Oretgo Drive
Beacon Drive
(203)
Oretgo Drive
Cottage Court Drive
(204)
Orville Avenue
Woodvine Street
(205)
Overlook Drive
Oakhill Avenue
(206)
(Repealed by Ordinance 46-86, passed 10-20-86.)
(207)
Oxford Drive
Grierson Place
(208)
Palmer Drive
Kevin Drive
(209)
Park Court
Erie Avenue
(210)
(Repealed by Ordinance 45-90, passed 9-4-90.)
(211)
(Repealed by Ordinance 45-90, passed 9-4-90.)
(212)
Pearl Street
Kauffman Avenue
(213)
Peebles Drive
Overlook Drive
(214)
Peebles Drive
Sunset Drive
(215)
Perrin Court
Erie Avenue
(216)
Legion Lane
West Street
(217)
Princeton Drive
Lindberg Drive
(218)
Princeton Drive
Powell Avenue
(219)
Ramblewood Place
Mill Race Drive
(220)
Ramona Drive
Florence Avenue
(221)
Ramona Drive   
Marchmont Drive
(222)
Redbank Drive
Marchmont Drive
(223)
Redstone Drive
Mark Lane
(224)
(Repealed by Ordinance 7-93, passed March 1, 1993. See Section 311.01(315).)
(225)
(Repealed by Ordinance 7-93, passed March 1, 1993. See Section 311.01(316).)
(226)
Richwood Court
Erie Avenue
(227)
Ridgecrest Court
Warm Springs Drive
(228)
Ridgewood Drive
Bowman Drive
(229)
Ridgewood Drive
Burchwood Drive
(230)
Rising Hill Drive
Redbud Drive
(231)
Robin Hood Drive
(North Intersection)
Southlawn Drive
(232)
Robin Hood Drive
(South Intersection)
Southlawn Drive
(233)
Robbins Avenue
Harvard Avenue
(234)
Robbins Avenue
Columbia Avenue
(235)
Robinson Drive
Woodlawn Drive
(236)
Rockdell Drive
Sunburst Drive
(237)
Rockhill Place
Bowman Drive
(238)
Rockhill Place
Fairway Drive
(239)
Rockland Drive
Ramona Drive
 
(240)
Rockland Drive
Regina Drive
(241)
Rona Parkway Drive
Rising Hill Drive
(242)
Rona Village Boulevard
Monticello Drive
(243)
Rossmore Drive
Cleary Drive
(244)
Rossmore Drive
Kirkwood Drive
(245)
Routzong Drive
Cozad Drive
(246)
Rowland Drive
Flintridge Drive
(247)
Rowland Drive
Kirkwood Drive
(248)
Royal Street
Archer Drive
(249)
Royal Street
Elm Street
(250)
Royal Oaks Drive
Hillrose Place
(251)
Rustic Court
Fairway Drive
(252)
Sarah Drive
Goodman Drive
(253)
Saratoga Drive
Coronado Drive
(254)
Sartell Drive
Rona Parkway Drive
(255)
School Drive
Grant Street
(256)
School Drive
Lewis Drive
(257)
School Drive
Lohnes Drive
(258)
School Drive
Margaret Drive
(259)
School Drive
McIntire Drive
(260)
School Drive
Wayne Drive
(261)
Scullers Lane
Regatta Park Drive
(262)
Selby Court
Rossmore Drive
(263)
Shade Drive
Doris Drive
(264)
Shade Drive
Linda Lane
(265)
Sharon Drive
Redbud Drive
(266)
Short Street
Truman Avenue
(267)
Sillman Court
Dellwood Drive
(268)
Smith Drive
Bonomo Drive
(269)
Smith Drive
Goodman Drive
(270)
South Drive
Dorothy Avenue
(271)
South Street
Second Street
(272)
Southlawn Drive
Cherrywood Drive/Wedgewood Drive
(273)
Spruce Drive
West Street
(274)
Aviation Street
Stewart Boulevard
(275)
(Repealed by Ordinance 15-91, passed March 4, 1991.)
(276)
(Repealed by Ordinance 16-91, passed March 4, 1991.)
(277)
Sunburst Drive
Darrell Drive
(278)
Sunburst Drive
Kathy Drive
(279)
Swigart Drive   
Wayne Drive
(280)
Swigart Drive
Whittier Avenue
(281)
(Repealed by Ordinance 41-93, passed July 6, 1993. See Section 311.01(319).)
(282)
Thornton Drive
Ramona Drive
(283)
Thornton Drive
Regina Drive
(284)
Timberwyck Court
Warm Springs Drive
(285)
Tritt Lane
Eastview Drive
(286)
Tritt Lane
Sunset Drive
(287)
Van Tress Drive
Adams Street
 
(288)
(Repealed by Ordinance 72-85, passed 12-16-85.)
(289)
Victoria Avenue
McLaughlin Avenue
(290)
Victoria Avenue
Parkwood Drive
(291)
Viking View Drive
Southlawn Drive
(292)
Vine Street
Salem Avenue
(293)
Vine Street
Tennessee Street
(294)
Vine Street
Wiley Avenue
(295)
Virginia Drive   
Doris Drive
(296)
Virginia Drive
Shade Drive
(297)
Wahby Court
Chapel Drive
(298)
Walnut Bend Court
Warm Springs Drive
(299)
Warwick Place
Meadowwood Drive
(300)
Washington Avenue
Lindberg Drive
(301)
Washington Avenue
Powell Avenue
(302)
Wayne Drive
Adams Street
(303)
Wayne Drive
(North Intersection)
Mitman Drive
(304)
Wayne Drive
(South Intersection)
Mitman Drive
(305)
Wedgewood Drive
Fairway Drive/Rawlings Drive
(306)
White Ash Court
Chapel Drive
(307)
Wilbur Avenue
Aviation Street
(308)
(Repealed by Ordinance 7-93, passed March 1, 1993. See Section 311.01(313).)
(309)
(Repealed by Ordinance 7-93, passed March 1, 1993. See Section 311.01(312).)
(310)
(Repealed by Ordinance 7-93, passed March 1, 1993. See Section 311.01(314).)
(311)
Wildwood Terrace
(West Entrance)
Royal Oaks Drive
(312)
Wildwood Terrace
(East Entrance)
Royal Oaks Drive
(313)
Williams Street
(East Intersection)
Wallace Drive
(314)
Williams Street
(West Intersection)
Wallace Drive
(315)
Wilson Avenue
Centralia Avenue
(316)
Winston Drive
Wayne Drive
(317)
Winston Drive   
Whittier Avenue
(318)
Woodhill Drive
Dorado Drive
(319)
Woodlawn Drive
Rawlings Drive
(320)
Wyckshire Court
Mill Race Drive
(321)
Wythe Court
Erie Avenue
(322)
Young Drive
Cottage Court Drive
(323)
Young Drive
Saratoga Drive
(324)
Zimmer Drive
Southlawn Drive
(325)
Duncan Drive
Sanzon Drive
(326)
Sandpiper Court
Valle Greene Drive
(327)
Brookwood Court
Valle Greene Drive
(328)
Creekview Court
Hunters Ridge
(329)
Northcliff Court
Hunters Ridge Drive
(330)
Arborview Court
Valle Greene Drive
(331)
Willow Court
Valle Greene Drive
(332)
Wenlock Court
Valle Greene Drive
(333)
Sycamore Court
Chapel Drive
(334)
Raider Drive
Eagle Highlands Drive
(Ord. 7-83. Passed 3-21-83; Ord. 53-83. Passed 11-21-83; Ord. 2-85. Passed 2-4-85; Ord. 55-85. Passed 10-21-85; Ord. 57-85. Passed 10-21-85; Ord. 58-85. Passed 10-21-85; Ord. 40-86. Passed 10-20-86; Ord. 42-86. Passed 10-20-86; Ord. 43-86. Passed 10-20-86; Ord. 44-86. Passed 10-20-86; Ord. 45-86. Passed 10-20-86; Ord. 52-86. Passed 11-3-86; Ord. 83-86. Passed 1-5-87; Ord. 13-91. Passed 3-4-91; Ord. 23-96. Passed 4-15-96; Ord. 6-01. Passed 2-5-01; Ord. 48-11. Passed 12-5-11; Ord. 19-16. Passed 7-5-16; Ord. 54-18. Passed 1-7-19.)
 
(335)
(Repealed by Ordinance 19-16, passed July 5, 2016.)
(336)
Savin Hill Court
Valle Greene Drive
    (Ord. 32-91. Passed 6-3-91.)
(337)
Handfield Court
Valle Greene Drive
    (Ord. 33-91. Passed 6-3-91.)
(338)
Grierson Place
Sycamore Drive
    (Ord. 33-90. Passed 7-16-90.)
(339)
Countryside Drive
Autumn Creek Drive
    (Ord. 41-90. Passed 9-4-90.)
(340)
Mountainview Court
Sunnymead Drive
    (Ord. 35-93. Passed 7-6-93.)
(341)
Yellow Rose Court
Candlelite Lane
    (Ord. 21-96. Passed 4-15-96.)
(342)
(Repealed by Ordinance 48-04, passed November 1, 2004)
(343)
Five Points Lane
Campus Drive
    (Ord. 10-97. Passed 2-17-97.)
(344)
Kendig Court
Dutch Mill Drive
(345)
Dutch Mill Drive
Countryside Drive
    (Ord. 17-97. Passed 4-21-97.)
(346)
Buck Court
Whitetail Drive
(347)
Gatehouse Court
Watchtower Lane
(348)
Lamplighter Lane
Spyglass Court
(349)
Lamplighter Lane
Watchtower Lane
(350)
Sentinel Ridge Drive
Spyglass Court
(351)
Watchtower Lane
Sentry Lane
    (Ord. 40-97. Passed 9-2-97.)
(352)
(Repealed by Ordinance 27-05, passed July 5, 2005.)
(353)
Autumn Creek Drive
Quail Run Drive
(354)
Falling Leaf Court
Autumn Creek Drive
(355)
Guardian Court
Watchtower Lane
(356)
Harvest Court
Quail Run Drive
(357)
Observatory Drive
Watchtower Lane
(358)
Pumpkin Drive
Quail Run Drive
(359)
Watchtower Lane
Brookstone Drive
    (Ord. 54-97. Passed 10-20-97.)
(360)
Mistygate Drive
Whitetail Drive
    (Ord. 30-98. Passed 8-17-98.)
(361)
Meadowlands Drive
Graceland Drive
    (Ord. 31-98. Passed 8-17-98.)
(362)
Spyglass Court
Brookstone Drive
    (Ord. 61-98. Passed 1-4-99.)
(363)
Crisp Wind Court
Quail Run Drive
(364)
Candlelite Lane
Primrose Lane
(365)
Primrose Lane   
Yellow Rose Court
(366)
Katy Meadow Court
Whitetail Drive
(367)
Doe Circle
Katy Meadow Court
    (Ord. 44-99. Passed 1-3-00.)
 
(368)
Fawn Drive
Deercreek Drive
(369)
Windsong Trail
Fawn Drive
(370)
Dapple Court
Fawn Drive
(371)
Deercreek Drive
Whitetail Drive
(372)
Dewpoint Circle
Deercreek Drive
(373)
Antler Court
Whitetail Drive
(374)
Oak Street
Salem Avenue
      (Ord. 2-01. Passed 2-5-01; Ord. 48-11. Passed 12-5-11.)
(375)
Stonehaven Court
Spyglass Court
Conservation Circle
Sanctuary Drive
Thompson Drive
Faircreek Ridge Drive
Kreider Drive
Faircreek Ridge Drive
      (Ord. 2-02. Passed 1-22-02.)
(376)
Brookstone Drive
Vanderlyn Court
Talbot Court
Vanderlyn Court
Weston Drive
Vanderlyn Court
Murphy Drive
Thompson Drive
Murphy Drive
Bishea Court
Kreider Drive
Murphy Drive
Glenhollow Court
Whitetail Drive
      (Ord. 2-03. Passed 1-21-03.)
(377)
Blake Court
Weston Drive
Observatory Drive
Blake Court
Hansen Court
Observatory Drive
Copley Avenue
Observatory Drive
Fryer Court
Hazelnut Drive
Thompson Drive
Hazelnut Drive
McDanielles Drive
Hazelnut Drive
Barnard Drive
Hazelnut Drive
Wildlife Court
Chapelgate Drive
(378)
Bellows Drive   
Murillo Court
Murillo Court
Blake Court
Westin Drive
Observatory Drive
Hess Court
McDanielles Drive
McDanielles Drive
Parrott Court
Cleary Drive
Preservation Street
(Ord. 24-09. Passed 7-6-09.)
(379)
Gerand Court
Hazelnut Drive
(Ord. 2-07. Passed 1-16-07.)
(380)
Artesian Lane
Waterford Boulevard (south intersection)
(381)
Bluffview Drive
Brehm Boulevard
(382)
Cameron Drive
Copley Avenue
(383)
Cameron Drive
Gardner Drive
(384)
Cascade Drive   
Artesian Lane
(385)
Chardin Court   
Copley Avenue
(386)
Cellini Court
Copley Avenue
(387)
Crystal Harbour Drive
Artesian Lane (north intersection)
(388)
Crystal Harbour Drive
Artesian Lane (south intersection)
(389)
Eagle Court
Cliffside Drive
(390)
Gardner Drive   
Copley Avenue
(391)
Tearose Circle   
Primrose Lane
(Ord. 19-16. Passed 7-5-16.)
(392)
Arden Way
Arden Bend
(393)
Brehm Boulevard
Indigo Drive
(394)
Cascade Drive   
Warm Springs Drive
(395)
Caspian Avenue
Warm Springs Drive
(396)
Sierra Vista Way
Brehm Boulevard
(397)
Santee Court
Brehm Boulevard
(398)
Mariner Drive   
Cascade Drive
(Ord. 9-21. Passed 4-15-21.)
(399)
Elloway Place
Arden Bend
(Ord. 2-22. Passed 2-21-22.)
(400)
Warm Springs Drive
Mariner Drive
(401)
Cresting Road   
Mariner Drive
(Ord. 12-23. Passed 3-20-23.)
(402)
Creek Street
Wildflower Road
(403)
Prairie Way
Wildflower Road
(Ord. 30-25. Passed 11-17-25.)
315.05 VIOLATIONS.
   Proceeding past any such posted yield right of way traffic control sign into an intersection at a rate of speed in excess of ten miles per hour, or with resultant collision or other interference with traffic on the intersecting street, shall be deemed prima-facie violation of this chapter.
(Ord. 7-83. Passed 3-21-83.)
315.99 PENALTY.
   Whoever violates any provision of this chapter is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree.
(Ord. 7-83. Passed 3-21-83.)
317.01 PLACING INJURIOUS MATERIAL OR OBSTRUCTION IN STREET.
   (a)   No person shall place or knowingly drop upon any part of a street, highway or alley any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person, vehicle or animal traveling along or upon such street, except such substances that may be placed upon the roadway by proper authority for the repair or construction thereof.
   (b)   Any person who drops or permits to be dropped or thrown upon any street any noxious, destructive or injurious material shall immediately remove the same.
   (c)   Any person authorized to remove a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle.
   (d)   No person shall place any obstruction in or upon a street without proper authority.
   (e)   No person, with intent to cause physical harm to a person or vehicle, shall place or knowingly drop upon any part of a highway, lane, road, street or alley any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person, vehicle or animal traveling along or upon such highway, except such substances that may be placed upon the roadway by proper authority for the repair or construction thereof.
   (f)   (1)   Except as otherwise provided in this subsection, whoever violates any provision of subsections (a) to (d) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates any provision of subsections (a) to (d) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates any provision of subsections (a) to (d) of this section is guilty of a misdemeanor of the third degree.
      (2)   Whoever violates subsection (e) of this section is guilty of a misdemeanor of the first degree. (ORC 4511.74)
317.02 ZONES OF QUIET. (REPEALED)
   (EDITOR’S NOTE: Former Section 317.02 was repealed by Ordinance 47-18.)
317.03 TEMPORARY TRAFFIC CONTROL DEVICES.
   The City Engineer with approval from the City Manager and the Police Chief is hereby authorized to install for temporary periods, not to exceed 365 days duration, such traffic control signs or devices as are necessary for the safe movement of traffic during periods of construction, excavation, demolition or situations where regulatory signs need to be installed before the supporting legislation can be passed. Such traffic control signs or devices may be extended for an additional period of time by express permission of a majority of Council.
(Ord. 47-18. Passed 11-5-18.)
317.99 PENALTY.
   (EDITOR’S NOTE: See Section 303.99 for general Traffic Code penalty and penalties applicable to misdemeanor classifications.)
319.01 TRAFFIC SIGNAL INDICATIONS.
   Highway traffic signal indications for vehicles, and pedestrians shall have the following meanings:
   (a)   Steady Green Signal Indication:
      (1)   A.   Vehicular traffic facing a circular green signal indication is permitted to proceed straight through or turn right or left, or make a u-turn movement except as such movement is modified by a lane-use sign, turn prohibition sign, lane marking, roadway design, separate turn signal indication, or other traffic control device. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:
            1.   Pedestrians lawfully within an associated crosswalk;
            2.   Other vehicles lawfully within the intersection.
         B.   In addition, vehicular traffic turning left or making a u-turn movement to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
      (2)   Vehicular traffic facing a green arrow signal indication, displayed alone or in combination with another signal indication, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:
         A.   Pedestrians lawfully within an associated crosswalk.
         B.   Other traffic lawfully using the intersection.
      (3)   A.   Unless otherwise directed by a pedestrian signal indication, as provided in Section 319.02, pedestrians facing a circular green signal indication are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection or so close as to create an immediate hazard at the time that the green signal indication is first displayed.
         B.   Pedestrians facing a green arrow signal indication, unless otherwise directed by a pedestrian signal indication or other traffic control device, shall not cross the roadway.
   (b)   Steady Yellow Signal Indication:
      (1)   Vehicular traffic facing a steady circular yellow signal indication is thereby warned that the related green movement or the related flashing arrow movement is being terminated or that a steady red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady circular yellow signal indication is displayed.
      (2)   Vehicular traffic facing a steady yellow arrow signal indication is thereby warned that the related green arrow movement or the related flashing arrow movement is being terminated. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady yellow arrow signal indication is displayed.
      (3)   Pedestrians facing a steady circular yellow or yellow arrow signal indication, unless otherwise directed by a pedestrian signal indication as provided in Section 319.02 or other traffic control device, shall not start to cross the roadway.
   (c)   Steady Red Signal Indication:
      (1)   A.   Vehicular traffic facing a steady circular red signal indication, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, before then before entering the intersection; and shall remain stopped until a signal indication to proceed is displayed except as provided in subsections (c)(1), (2) and (3) of this section.
         B.   Except when a traffic control device is in place prohibiting a turn on red or a steady red arrow signal indication is displayed, vehicular traffic facing a steady circular red signal indication is permitted, after stopping, to enter the intersection to turn right, or to turn left from a one-way street into a one-way street. The right to proceed with the turn shall be subject to the provisions that are applicable after making a stop at a stop sign.
      (2)   A.   Vehicular traffic facing a steady red arrow signal indication shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal indication or other traffic control device permitting the movement indicated by such red arrow is displayed.
         B.   When a traffic control device is in place permitting a turn on a steady red arrow signal indication, vehicular traffic facing a steady red arrow indication is permitted, after stopping, to enter the intersection to turn right or to turn left from a one-way street into a one-way street. The right to proceed with the turn shall be limited to the direction indicated by the arrow, and shall be subject to the provisions that are applicable after making a stop at a stop sign.
      (3)   Unless otherwise directed by a pedestrian signal indication as provided in Section 319.02 or other traffic control device, pedestrians facing a steady circular red or steady red arrow signal indication shall not enter the roadway.
      (4)   Local authorities by ordinance, or the Director of Transportation on State highways, may prohibit a right or a left turn against a steady red signal at any intersection, which shall be effective when signs giving notice thereof are posted at the intersection.
   (d)   Flashing Green Signal Indication. A flashing green signal indication has no meaning and shall not be used.
   (e)   Flashing Yellow Signal Indication:
      (1)   A.   Vehicular traffic, on an approach to an intersection, facing a flashing circular yellow signal indication, is permitted to cautiously enter the intersection to proceed straight through or turn right or left or make a u-turn movement except as such movement is modified by lane-use signs, turn prohibition signs, lane markings, roadway design, separate turn signal indications, or other traffic control devices. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:
            1.   Pedestrians lawfully within an associated crosswalk;
            2.   Other vehicles lawfully within the intersection.
         B.   In addition, vehicular traffic turning left or making a u-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
      (2)   A.   Vehicular traffic, on an approach to an intersection, facing a flashing yellow arrow signal indication, displayed alone or in combination with another signal indication, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or other such movement as is permitted by other signal indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u-turn, shall yield the right-of-way to both of the following:
            1.   Pedestrians lawfully within an associated crosswalk;
            2.   Other vehicles lawfully within the intersection.
         B.   In addition, vehicular traffic turning left or making a u-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
      (3)   Pedestrians facing any flashing yellow signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing yellow signal indication is first displayed.
      (4)   When a flashing circular yellow signal indication is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory or warning requirements of the other traffic control device, which might not be applicable at all times, are currently applicable.
   (f)   Flashing Red Signal Indication:
      (1)   Vehicular traffic, on an approach to an intersection, facing a flashing circular red signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the provisions that are applicable after making a stop at a stop sign.
      (2)   Pedestrians facing any flashing red signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing red signal indication is first displayed.
      (3)   When a flashing circular red signal indication is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory requirements of the other traffic control device, which might not be applicable at all times, are currently applicable. Use of this signal indication shall be limited to supplementing stop, do not enter, or wrong way signs, and to applications where compliance with the supplemented traffic control device requires a stop at a designated point.
   (g)   General Application: In the event an official highway traffic signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
   (h)   Exception. This section does not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by Ohio R.C. 4511.61 and 4511.62.
(ORC 4511.13)
319.015 LANE-USE CONTROL SIGNAL INDICATIONS.
   (a)   The meanings of lane-use control signal indications are as follows:
      (1)    A steady downward green arrow means that the lane over which the arrow signal indication is located is open to vehicle travel in that direction.
      (2)   A steady yellow “X” means that the lane over which the signal indication is located is about to be closed to vehicle traffic in that direction and will be followed by a steady red “X” signal indication, either within the same signal face or in a downstream signal face.
      (3)   A steady white two-way left-turn arrow means that the lane over which the signal indication is located is open to traffic making a left turn from either direction of travel, but not for through travel.
      (4)   A steady white one-way left-turn arrow means that the lane over which the signal indication is located is open to traffic making a left turn in that direction, without opposing turns in the same lane, but not for through travel.
      (5)   A steady red “X” means that the lane over which the signal indication is located is closed to vehicle traffic in the direction viewed by the road user.
         (ORC 4511.131)
319.02 PEDESTRIAN CONTROL SIGNALS.
   Whenever special pedestrian control signals exhibiting the words "walk" or "don't walk", or the symbol of a walking person or an upraised palm are in place, such signals shall indicate the following instructions:
   (a)   A steady walking person signal indication, which symbolizes "walk", means that a pedestrian facing the signal indication is permitted to start to cross the roadway in the direction of the signal indication, possibly in conflict with turning vehicles. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the time that the walking person signal indication is first shown.
   (b)   A flashing upraised hand signal indication, which symbolizes "don't walk", means that a pedestrian shall not start to cross the roadway in the direction of the signal indication, but that any pedestrian who has already started to cross on a steady walking person signal indication shall proceed to the far side of the traveled way of the street or highway, unless otherwise directed by a traffic control device to proceed only to the median of a divided highway or only to some other island or pedestrian refuge area.
   (c)   A steady upraised hand signal indication means that a pedestrian shall not enter the roadway in the direction of the signal indication.
      (Ord. 47-18. Passed 11-5-18.)
319.03 FLASHING TRAFFIC SIGNALS.
   (Former Ohio R.C. 4511.15 from which Section 319.03 was derived was repealed by House Bill 349, effective April 20, 2012.)
319.035 UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW, ADVERTISING.
   (a)   No person shall place, maintain or display upon or in view of any street any unauthorized sign, signal, marking or device which purports to be, is an imitation of or resembles a traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or hides from view or interferes with the effectiveness of any traffic control device or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit upon any street any traffic sign or signal bearing thereon any commercial advertising. This section does not prohibit either the erection upon private property adjacent to streets of signs giving useful directional information and of a type that cannot be mistaken for traffic control devices, or the erection upon private property of traffic control devices by the owner of real property in accordance with Ohio R.C. 4511.211 and 4511.432.
   (b)   Every such prohibited sign, signal, marking or device is a public nuisance, and the Police Chief is authorized to remove it or cause it to be removed.
(ORC 4511.16; Ord. 42-95. Passed 11-6-95.)
319.04 ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL DEVICES.
   (a)   No person without lawful authority, shall do any of the following:
      (1)   Knowingly move, deface, damage, destroy or otherwise improperly tamper with any traffic control device, any railroad sign or signal, or any inscription, shield or insignia on the device, sign or signal, or any part of the device, sign or signal;
      (2)   Knowingly drive upon or over any freshly applied pavement marking material on the surface of a roadway while the marking material is in an undried condition and is marked by flags, markers, signs or other devices intended to protect it;
      (3)   Knowingly move, damage, destroy or otherwise improperly tamper with a manhole cover.
   (b)   (1)   Except as otherwise provided in this subsection, whoever violates subsection (a)(1) or (3) of this section is guilty of a misdemeanor of the third degree. If a violation of subsection (a)(1) or (3) of this section creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first degree. If a violation of subsection (a)(1) or (3) of this section causes serious physical harm to property that is owned, leased, or controlled by a state or local authority, the offender is guilty of a felony and shall be prosecuted under appropriate state law.
      (2)   Except as otherwise provided in this subsection, whoever violates subsection (a)(2) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates subsection (a)(2) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates subsection (a)(2) of this section is guilty of a misdemeanor of the third degree.
         (ORC 4511.17)
319.05 DRIVER’S DUTIES UPON APPROACHING AMBIGUOUS OR NON-WORKING TRAFFIC SIGNAL.
   (a)   The driver of a vehicle who approaches an intersection where traffic is controlled by highway traffic signals shall do all of the following if the signal facing the driver exhibits no colored lights or colored lighted arrows, exhibits a combination of such lights or arrows that fails to clearly indicate the assignment of right of way, or, if the vehicle is a bicycle or an electric bicycle, the signals are otherwise malfunctioning due to the failure of a vehicle detector to detect the presence of the bicycle or electric bicycle.
(1)   Stop at a clearly marked stop line, but if none, stop before entering the crosswalk on the near side of the intersection, or, if none, stop before entering the intersection;
(2)   Yield the right of way to all vehicles in the intersection or approaching on an intersecting road, if the vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.
(3)   Exercise ordinary care while proceeding through the intersection.
         (Ord. 42-95. Passed 11-6-95.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.132)
319.06 UNLAWFUL PURCHASE, POSSESSION OR SALE.
   (a)   As used in this section, "traffic control device" means any sign, highway traffic signal or other device conforming to and placed or erected in accordance with the manual adopted under Ohio R.C. 4511.09 by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic, including signs denoting the names of streets and highways, but does not mean any pavement marking.
   (b)   No individual shall buy or otherwise possess or sell, a traffic control device, except when one of the following applies:
      (1)   In the course of the individual’s employment by the State or a local authority for the express or implied purpose of manufacturing, providing, erecting, moving or removing such a traffic control device;
      (2)   In the course of the individual’s employment by any manufacturer of traffic control devices other than a State or local authority;
      (3)   For the purpose of demonstrating the design and function of a traffic control device to State or local officials;
      (4)   When the traffic control device has been purchased from the State or a local authority at a sale of property that is no longer needed or is unfit for use;
      (5)   The traffic control device has been properly purchased from a manufacturer for use on private property and the person possessing the device has a sales receipt for the device or other acknowledgment of sale issued by the manufacturer.
   (c)   This section does not preclude, and shall not be construed as precluding, prosecution for theft in violation of Ohio R.C. 2913.02 or a municipal ordinance relating to theft, or for receiving stolen property in violation of Ohio R.C. 2913.51 or a municipal ordinance relating to receiving stolen property.
   (d)   Whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.18)
319.07 PORTABLE SIGNAL PREEMPTION DEVICES PROHIBITED.
   (a)   As used in this section:
      (1)   HIGHWAY MAINTENANCE VEHICLE. A vehicle used in snow and ice removal, including a snow plow, when it is owned by a political subdivision and operated by an employee of that political subdivision.
      (2)   PEACE OFFICER. Has the same meaning as in Ohio R.C. 109.71(A)(1), (A)(12), (A)(14), and (A)(19).
      (3)   PORTABLESIGNALPREEMPTION DEVICE. A device that, if activated by a person, is capable of changing a highway traffic signal to green out of sequence.
      (4)   PUBLIC SAFETY VEHICLE. Has the same meaning as in Ohio R.C. 4511.01(E)(1), (E)(3), and (E)(4).
   
   (b)   Except as provided in subsections (c) and (d) of this section:
      (1)    No person shall possess a portable signal preemption device.
      (2)    No person shall use a portable signal preemption device to affect the operation of the highway traffic signal.
   (c)   Subsection (b)(1) of this section does not apply to any of the following persons:
      (1)    A peace officer;
      (2)    A state highway patrol trooper;
      (3)    A person while occupying a public safety vehicle;
      (4)    The authorized employee operator of a highway maintenance vehicle.
   (d)   Subsection (b)(2) of this section does not apply under either of the following circumstances:
      (1)    When a person listed in subsections (c)(1) to (c)(3) of this section is responding to an emergency call;
      (2)    When a person listed in subsection (c)(4) of this section is responding to an emergency level two or level three weather event.
   
   (e)   Whoever violates subsection (b)(1) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates subsection (b)(2) of this section is guilty of a misdemeanor of the first degree. (ORC 4511.031)
319.08 BICYCLE SYMBOL SIGNAL INDICATIONS.
   Bicycle symbol signal indications have the following meanings:
   (a)   A steady green bicycle signal indication means that bicyclists are permitted to enter the intersection only to make the movement indicated by the lane-use arrow displayed on the bicycle signal sign that is located immediately adjacent to the bicycle signal face. Bicyclists proceeding into the intersection during the display of the indication shall yield the right-of-way to both of the following:
      (1)    Pedestrians lawfully within an associated crosswalk;
      (2)    Other vehicles lawfully within the intersection.
   (b)   A steady yellow bicycle signal indication means that bicyclists are warned that the related green movement is being terminated and that a steady red bicycle signal indication will be displayed immediately thereafter when bicyclists shall not enter the intersection. The provisions governing bicyclist operations under the movement being terminated continue to apply while the steady yellow bicycle signal indication is displayed.
   (c)   (1)    A steady red bicycle signal indication means that bicyclists shall not enter the intersection to make the movement indicated by the lane-use arrow displayed on the bicycle signal sign that is located immediately adjacent to the bicycle signal face. Unless the bicyclist is entering the intersection to make another movement permitted by another bicycle symbol signal indication, the bicyclist shall stop at a clearly marked stop line; but if there is no stop line, shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, shall stop before entering the intersection; and shall remain stopped until a green bicycle signal indication to proceed is displayed.
      (2)    Except when a traffic control device is in place prohibiting a turn on red, bicyclists facing a steady red bicycle signal indication are permitted to enter the intersection to turn right if there are no approach lanes for motor vehicle traffic to their right. The right to proceed with the turn is subject to the provisions that are applicable after making a stop at a stop sign.
   (d)   A flashing green bicycle signal indication and a flashing yellow bicycle signal indication have no meaning and shall not be used.
   (e)   A flashing red bicycle signal indication means that bicyclists shall stop at a clearly marked stop line; but if there is no stop line, shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, shall stop at the point nearest the intersecting roadway where the bicyclists have a view of approaching traffic on that roadway before entering the intersection. The right to make the movement indicated by the lane-use arrow displayed on the bicycle signal sign that is located immediately adjacent to the bicycle signal face is subject to the provisions that are applicable after making a stop at a stop sign.
      (ORC 4511.15)
319.99 PENALTY.
   (EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty and penalties applicable to misdemeanor classifications.)
321.01 PERMIT REQUIRED.
   No person, group of persons or organization shall conduct or participate in any parade, procession or assemblage upon any street or highway, or block off any street or highway area, without first obtaining a permit from the City Manager.
(Ord. 32-89. Passed 5-15-89.)
321.02 PERMIT APPLICATION; ISSUANCE.
   (a)    Applications for such permits shall be made on such forms as may be prescribed and shall contain such information as is reasonably necessary to a fair determination of whether a permit should be issued. Applications shall be filed not less than five days before the time intended for such parade, procession or assemblage.
   (b)    The permit may be refused or cancelled if:
      (1)    The time, place, size or conduct of the parade including the assembly areas and route of march would unreasonably interfere with the public convenience and safe use of the streets and highways;
      (2)    The parade would require the diversion of so great a number of police officers to properly police the line of movement, assembly area and areas contiguous thereto so as to deny normal police protection to the Municipality;
      (3)    The parade route of march or assembly areas would unreasonably interfere with the movement of police vehicles, fire-fighting equipment or ambulance service to other areas of the Municipality;
      (4)    The parade would unreasonably interfere with another parade for which a permit has been issued;
      (5)    The information contained in the application is found to be false, misleading or incomplete in any material detail; or
      (6)    An emergency such as a fire or storm would prevent the proper conduct of the parade.
(Ord. 32-89. Passed 5-15-89.)
321.03 PERMIT CONDITIONS.
   The permit or any order accompanying it may limit or prescribe reasonable conditions, including the hours, the places of assembly and of dispersal, the route of march or travel and the streets, highways or portions thereof which may be used or occupied.
(Ord. 32-89. Passed 5-15-89.)
321.99 PENALTY.
   Violation of this chapter shall be a minor misdemeanor.
(Ord. 32-89. Passed 5-15-89.)
331.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE.
   (a)   (1)   Operation Generally. No person shall operate any vehicle within this Municipality, if, at the time of the operation, any of the following apply:
         A.   The person is under the influence of alcohol, a drug of abuse, or a combination of them.
         B.   The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.
         C.   The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person’s blood serum or plasma.
         D.   The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.
         E.   The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person’s urine.
         F.   The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
         G.   The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
         H.   The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
         I.   The person has a concentration of two hundred thirty-eight- thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.
         J.   Except as provided in subsection (m) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person’s whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
            1.   The person has a concentration of amphetamine in the person’s urine of at least five hundred nanograms of amphetamine per milliliter of the person’s urine or has a concentration of amphetamine in the person’s whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person’s whole blood or blood serum or plasma.
            2.   The person has a concentration of cocaine in the person’s urine of at least one hundred fifty nanograms of cocaine per milliliter of the person’s urine or has a concentration of cocaine in the person’s whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person’s whole blood or blood serum or plasma.
            3.   The person has a concentration of cocaine metabolite in the person’s urine of at least one hundred fifty nanograms of cocaine metabolite per milliliter of the person’s urine or has a concentration of cocaine metabolite in the person’s whole blood or blood serum or plasma of at least fifty nanograms of cocaine metabolite per milliliter of the person’s whole blood or blood serum or plasma.
            4.   The person has a concentration of heroin in the person’s urine of at least two thousand nanograms of heroin per milliliter of the person’s urine or has a concentration of heroin in the person’s whole blood or blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person’s whole blood or blood serum or plasma.
            5.   The person has a concentration of heroin metabolite (6- monoacetyl morphine) in the person’s urine of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person’s urine or has a concentration of heroin metabolite (6-monoacetyl morphine) in the person’s whole blood or blood serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person’s whole blood or blood serum or plasma.
            6.   The person has a concentration of L.S.D. in the person’s urine of at least twenty-five nanograms of L.S.D. per milliliter of the person’s urine or a concentration of L.S.D. in the person’s whole blood or blood serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person’s whole blood or blood serum or plasma.
            7.   The person has a concentration of marihuana in the person’s urine of at least ten nanograms of marihuana per milliliter of the person’s urine or has a concentration of marihuana in the person’s whole blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person’s whole blood or blood serum or plasma.
            8.   Either of the following applies:
               a.   The person is under the influence of alcohol, a drug of abuse or a combination of them, and the person has a concentration of marihuana metabolite in the person’s urine of at least fifteen nanograms of marihuana metabolite per milliliter of the person’s urine or has a concentration of marihuana metabolite in the person’s whole blood or blood serum or plasma of at least five nanograms of marihuana metabolite per milliliter of the person’s whole blood or blood serum or plasma.
               b.   The person has a concentration of marihuana metabolite in the person’s urine of at least thirty- five nanograms of marihuana metabolite per milliliter of the person’s urine or has a concentration of marihuana metabolite in the person’s whole blood or blood serum or plasma of at least fifty nanograms of marihuana metabolite per milliliter of the person’s whole blood or blood serum or plasma.
            9.   The person has a concentration of methamphetamine in the person’s urine of at least five hundred nanograms of methamphetamine per milliliter of the person’s urine or has a concentration of methamphetamine in the person’s whole blood or blood serum or plasma of at least one hundred nanograms of methamphetamine per milliliter of the person’s whole blood or blood serum or plasma.
            10.   The person has a concentration of phencyclidine in the person’s urine of at least twenty-five nanograms of phencyclidine per milliliter of the person’s urine or has a concentration of phencyclidine in the person’s whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per milliliter of the person’s whole blood or blood serum or plasma.
            11.   The State Board of Pharmacy has adopted a rule pursuant to Ohio R.C. 4729.041 that specifies the amount of salvia divinorum and the amount of salvinorin A that constitute concentrations of salvia divinorum and salvinorin A in a person's urine, in a person's whole blood, or in a person's blood serum or plasma at or above which the person is impaired for purposes of operating any vehicle within this Municipality, the rule is in effect, and the person has a concentration of salvia divinorum or salvinorin A of at least that amount so specified by rule in the person's urine, in the person's whole blood, or in the person's blood serum or plasma.
      (2)   No person who, within twenty years of the conduct described in subsection (a)(2)A. of this section, previously has been convicted of or pleaded guilty to a violation of this subsection or a substantially equivalent state law or municipal ordinance, a violation of subsection (a)(1) of this section or a substantially equivalent state law or municipal ordinance, or any other equivalent offense shall do both of the following:
         A.   Operate any vehicle within this Municipality while under the influence of alcohol, a drug of abuse or a combination of them;
         B.   Subsequent to being arrested for operating the vehicle as described in subsection (a)(2)A. of this section, being asked by a law enforcement officer to submit to a chemical test or tests under Ohio R.C. 4511.191, and being advised by the officer in accordance with Ohio R.C. 4511.192 of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests.
   (b)   Operation After Under-Age Consumption. No person under twenty-one years of age shall operate any vehicle within this
Municipality, if, at the time of the operation, any of the following apply:
      (1)   The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
      (2)   The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
      (3)   The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
      (4)   The person has a concentration of at least twenty-eight one-thousandths of one gram but less than eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
   (c)   One Conviction Limitation. In any proceeding arising out of one incident, a person may be charged with a violation of subsection (a)(1)A. or (a)(2) and a violation of subsection (b)(1), (2) or (3) of this section, but the person may not be convicted of more than one violation of these subsections.
(ORC 4511.19)
   (d)   Physical Control.
      (1)   As used in this subsection, "physical control" means being in the driver's position of the front seat of a vehicle and having possession of the vehicle's ignition key or other ignition device.
      (2)   A.   No person shall be in physical control of a vehicle if, at the time of the physical control, any of the following apply:
            1.   The person is under the influence of alcohol, a drug of abuse, or a combination of them.
            2.   The person's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in subsection (a)(1)B., C., D. or E. hereof.
            3.   Except as provided in subsection (d)(3) of this section, the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the concentration specified in subsection (a)(1)J. hereof.
         B.   No person under twenty-one years of age shall be in physical control of a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or while the person's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in subsection (b)(1) to (4) hereof.
      (3)   Subsection (d)(2)A.3. of this section does not apply to a person who is in physical control of a vehicle while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in subsection (a)(1)J. hereof, if both of the following apply:
         A.   The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
         B.   The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
   (e)   Evidence; Tests.  
      (1)   A.   In any criminal prosecution or juvenile court proceeding for a violation of subsection (a)(1)A. of this section or for an equivalent offense that is vehicle-related, the result of any test of any blood, oral fluid, or urine withdrawn and analyzed at any health care provider, as defined in Ohio R.C. 2317.02, may be admitted with expert testimony to be considered with any other relevant and competent evidence in determining the guilt or innocence of the defendant.
         B.   In any criminal prosecution for a violation of subsection (a) or (b) of this section or for an equivalent offense that is vehicle-related, the court may admit evidence on the presence and concentration of alcohol, drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in the defendant’s whole blood, blood serum or plasma, breath, urine, oral fluid, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the time of the alleged violation. The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two-hour time limit specified in Ohio R.C. 4511.192(A) as the maximum period of time during which a person may consent to a chemical test or tests as described in that section. The court may admit evidence on the presence and concentration of alcohol, drugs of abuse, or a combination of them as described in this division when a person submits to a blood, breath, urine, oral fluid, or other bodily substance test at the request of a law enforcement officer under Ohio R.C. 4511.191 or a substantially equivalent municipal ordinance, or a blood or urine sample is obtained pursuant to a search warrant. Only a physician, a registered nurse, an emergency medical technician-intermediate, an emergency medical technician-paramedic, or a qualified technician, chemist, or phlebotomist shall withdraw a blood sample for the purpose of determining the alcohol, drug, controlled substance, metabolite of a controlled substance, or combination content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath, oral fluid, or urine specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under this division, if in that person’s opinion, the physical welfare of the person would be endangered by the withdrawing of blood. The bodily substance withdrawn under this subsection (d)(1)B. shall be analyzed in accordance with methods approved by the Director of Health by an individual possessing a valid permit issued by the Director pursuant to Ohio R.C. 3701.143.
         C.   As used in subsection (e)(1)B. of this section, "emergency medical technician-intermediate" and "emergency medical technician-paramedic" have the same meanings as in Ohio R.C. 4765.01.
      (2)   In a criminal prosecution or juvenile court proceeding for violation of subsection (a) of this section or for an equivalent offense that is vehicle related, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in subsections (a)(1)B., C., D. and E. of this section, or less than the applicable concentration of a listed controlled substance or a listed metabolite of a controlled substance specified for a violation of subsection (a)(1)J. of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This subsection does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of subsection (b) of this section or for an equivalent offense that is substantially equivalent to that subsection.
      (3)   Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney, immediately upon the completion of the chemical test analysis.
         If the chemical test was obtained pursuant to subsection (e)(1)B. hereof, the person tested may have a physician, a registered nurse, or a qualified technician, chemist or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement officer. If the person was under arrest as described in division (A)(5) of Ohio R.C. 4511.191, the arresting officer shall advise the person at the time of the arrest that the person may have an independent chemical test taken at the person's own expense. If the person was under arrest other than described in division (A)(5) of Ohio R.C. 4511.191, the form to be read to the person to be tested, as required under Ohio R.C. 4511.192, shall state that the person may have an independent test performed at the person's expense. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer.
      (4)   A.   As used in subsections (e)(4)B. and C. of this section, "national highway traffic safety administration" means the National Traffic Highway Safety Administration established as an administration of the United States Department of Transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
         B.   In any criminal prosecution or juvenile court proceeding for a violation of subsection (a) or (b) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, oral fluid, or urine, if a law enforcement officer has administered a field sobriety test to the operator of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including but not limited to any testing standards then in effect that were set by the National Highway Traffic Safety Administration, all of the following apply:
            1.   The officer may testify concerning the results of the field sobriety test so administered.
            2.   The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.
            3.   If testimony is presented or evidence is introduced under subsection (e)(4)B.1. or 2. of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.
         C.   Subsection (e)(4)B. of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that subsection, from considering evidence or testimony that is not otherwise disallowed by subsection (e)(4)B. of this section. (ORC 4511.19; 4511.194)
   (f)   Forensic Laboratory Reports.
      (1)   Subject to subsection (f)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of subsection (a)(1)B., C., D., E., F., G., H., I., or J. or (b)(1), (2), (3) or (4) of this section or for an equivalent offense that is substantially equivalent to any of those subsections, a laboratory report from any laboratory personnel issued a permit by the Department of Health authorizing an analysis as described in this subsection that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information specified in this subsection shall be admitted as prima-facie evidence of the information and statements that the report contains. The laboratory report shall contain all of the following:
         A.   The signature, under oath, of any person who performed the analysis;
         B.   Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled substance, or a combination of them that was found;
         C.   A copy of a notarized statement by the laboratory director or a designee of the director that contains the name of each certified analyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular duties;
          D.   An outline of the analyst's or test performer's education, training, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the Department of Health.
      (2)   Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in subsection (f)(1) of this section is not admissible against the defendant to whom it pertains in any proceeding, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's attorney or, if the defendant has no attorney, on the defendant.
      (3)   A report of the type described in subsection (f)(1) of this section shall not be prima-facie evidence of the contents, identity, or amount of any substance if, within seven days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest of justice.
   (g)   Immunity From Liability For Withdrawing Blood. Except as otherwise provided in this subsection, any physician, registered nurse, emergency medical technician-intermediate, emergency medical technician-paramedic, or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section or Ohio R.C. 4511.191 or 4511.192, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section or Ohio R.C. 4511.191 or 4511.192, is immune from criminal liability and civil liability based upon a claim of assault and battery or any other claim that is not a claim of malpractice, for any act performed in withdrawing blood from the person. The immunity provided in this subsection also extends to an emergency medical service organization that employs an emergency medical technician-intermediate or emergency medical technician-paramedic who withdraws blood under this section. The immunity provided in this subsection is not available to a person who withdraws blood if the person engaged in willful or wanton misconduct.
   As used in this subsection, "emergency medical technician-intermediate" and "emergency medical technician-paramedic" have the same meanings as in Ohio R.C. 4765.01.
   (h)   General OVI Penalty.  
(1)   Whoever violates any provisions of subsections (a)(1)A. to I. or (a)(2) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Whoever violates division (a)(1)J. of this section is guilty of operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance. The court shall sentence the offender for either offense under Ohio R.C. Chapter 2929, except as otherwise authorized or required by subsections (h)(1)A. to E. of this section:
A.   Except as otherwise provided in subsection (h)(1)B., C., D., or E. of this section, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to all of the penalties and sanctions provided in Ohio R.C. § 4511.19(G)(1)(a)(i) through (G)(1)(a)(iv).
B.   Except as otherwise provided in subsection (h)(1)E. of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to one violation of subsection (a) of this section or one other equivalent offense is guilty of a misdemeanor of the first degree. The court shall sentence the offender to all of the penalties and sanctions provided in Ohio R.C. § 4511.19(G)(1)(b)(i) through (G)(1)(b)(v).
         C.   Except as otherwise provided in subsection (h)(1)E. of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to two violations of subsection (a) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the penalties and sanctions provided in Ohio R.C. § 4511.19(G)(1)(c)(i) through (G)(1)(c)(vi).
         D.   Except as otherwise provided in subsection (h)(1)E. of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to three or four violations of subsection (a) of this section or other equivalent offenses or an offender who, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more violations of that nature, or an offender who previously has been convicted of or pleaded guilty to a specification of the type described in Ohio R.C. 2941.1413, is guilty of a felony to be prosecuted under appropriate state law.
         E.   An offender who previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 4511.19(A) that was a felony, regardless of when the violation and the conviction or guilty plea occurred, is guilty of a felony of the third degree and shall be prosecuted under appropriate state law.
      (2)   An offender who is convicted of or pleads guilty to a violation of subsection (a) of this section and who subsequently seeks reinstatement of the driver’s or occupational driver’s license or permit or nonresident operating privilege suspended under this section as a result of the conviction or guilty plea shall pay a reinstatement fee as provided in division (F)(2) of Ohio R.C. 4511.191.
      (3)   If an offender is sentenced to a jail term under subsection (h)(1)B.1. or 2. or (h)(1)C.1. or 2. of this section and if, within sixty days of sentencing of the offender, the court issues a written finding on the record that, due to the unavailability of space at the jail where the offender is required to serve the term, the offender will not be able to begin serving that term within the sixty-day period following the date of sentencing, the court may impose an alternative sentence under this subsection that includes a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring.
As an alternative to a mandatory jail term of ten consecutive days required by subsection (h)(1)B.1. of this section, the court, under this subsection, may sentence the offender to five consecutive days in jail and not less than eighteen consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the five consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed six months. The five consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of twenty consecutive days required by subsection (h)(1)B.2. of this section, the court, under this subsection, may sentence the offender to ten consecutive days in jail and not less than thirty-six consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the ten consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring or both types of monitoring shall not exceed six months. The ten consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to a mandatory jail term of thirty consecutive days required by subsection (h)(1)C.1. of this section, the court, under this subsection, may sentence the offender to fifteen consecutive days in jail and not less than fifty-five consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the fifteen consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring or both types of monitoring shall not exceed one year. The fifteen consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty consecutive days required by subsection (h)(1)C.2. of this section, the court, under this subsection, may sentence the offender to thirty consecutive days in jail and not less than one hundred ten consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the thirty consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed one year. The thirty consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
      (4)   If an offender’s driver’s or occupational driver’s license or permit or nonresident operating privilege is suspended under subsection (h) of this section and if Ohio R.C. 4510.13 permits the court to grant limited driving privileges, the court may grant the limited driving privileges in accordance with that section. If division (A)(7) of that section requires that the court impose as a condition of the privileges that the offender must display on the vehicle that is driven subject to the privileges restricted license plates that are issued under Ohio R.C. 4503.231, except as provided in division (B) of that section, the court shall impose that condition as one of the conditions of the limited driving privileges granted to the offender, except as provided in division (B) of Ohio R.C. 4503.231.
      (5)   If title to a motor vehicle that is subject to an order of criminal forfeiture under this section is assigned or transferred and division (B)(2) or (3) of Ohio R.C. 4503.234 applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealers association. The proceeds of any fine so imposed shall be distributed in accordance with division (C)(2) of that section.
      (6)   In all cases in which an offender is sentenced under subsection (h) of this section, the offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, the court, in addition to any other penalties provided by law, may order restitution pursuant to Ohio R.C. 2929.18 or 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during or after committing the offense for which the offender is sentenced under subsection (h) of this section.
      (7)   A court may order an offender to reimburse a law enforcement agency for any costs incurred by the agency with respect to a chemical test or tests administered to the offender if all of the following apply:
         A.   The offender is convicted of or pleads guilty to a violation of subsection (a) of this section.
         B.   The test or tests were of the offender’s whole blood, blood serum or plasma, oral fluid, or urine.
         C.   The test or tests indicated that the offender had one of the following at the time of the offense:
            1.    A prohibited concentration of a controlled substance or a metabolite of a controlled substance in the offender’s whole blood, blood serum or plasma, or urine;
            2.    A drug of abuse or a metabolite of a drug of abuse in the offender’s oral fluid.
      (8)    A court may warn any person who is convicted of or who pleads guilty to a violation of subsection (a) of this section or an equivalent offense that a subsequent violation of this section or an equivalent offense that results in the death of another or the unlawful termination of another’s pregnancy may result in the person being guilty of aggravated vehicular homicide under Ohio R.C. 2903.06. The court may warn the person of the applicable penalties for that violation under Ohio R.C. 2903.06 and 2929.142.
      (9)   As used in subsection (h) of this section, “electronic monitoring”, “mandatory prison term” and “mandatory term of local incarceration” have the same meanings as in Ohio R.C. 2929.01.
   (i)   Vehicle Operation After Underage Alcohol Consumption Penalty. Whoever violates subsection (b) of this section is guilty of operating a vehicle after underage alcohol consumption and shall be punished as follows:
      (1)   Except as otherwise provided in subsection (i)(2) of this section, the offender is guilty of a misdemeanor of the fourth degree. In addition to any other sanction imposed for the offense, the court shall impose a class six suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of Ohio R.C. 4510.02.
The court may grant limited driving privileges relative to the suspension under Ohio R.C. 4510.021 and 4510.13. The court may grant unlimited driving privileges with an ignition interlock device relative to the suspension and may reduce the period of suspension as authorized under Ohio R.C. 4510.022. If the court grants unlimited driving privileges under Ohio R.C. 4510.022, the court shall suspend any jail term imposed under subsection (i)(1) of this section as required under that section.
      (2)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one or more violations of subsection (a) of this section or other equivalent offenses, the offender is guilty of a misdemeanor of the third degree. In addition to any other sanction imposed for the offense, the court shall impose a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of Ohio R.C. 4510.02. The court may grant limited driving privileges relative to the suspension under Ohio R.C. 4510.021 and 4510.13.
      (3)   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.28, in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during or after committing the violation of subsection (b) of this section.
         (ORC 4511.19)
   (j)   Physical Control Penalty. Whoever violates subsection (d) hereof is guilty of having physical control of a vehicle while under the influence, a misdemeanor of the first degree. In addition to other sanctions imposed, the court may impose on the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02.
(ORC 4511.194)
 
   (k)   Compliance With Ohio R.C. Chapter 5119 Standards.
      (1)   No court shall sentence an offender to an alcohol treatment program under this section unless the treatment program complies with the minimum standards for alcohol treatment programs adopted under Ohio R.C. Chapter 5119 by the Director of Mental Health and Addiction Services.
      (2)   An offender who stays in a driver's intervention program or in an alcohol treatment program under an order issued under this section shall pay the cost of the stay in the program. However, if the court determines that an offender who stays in an alcohol treatment program under an order issued under this section is unable to pay the cost of the stay in the program, the court may order that the cost be paid from the court's indigent drivers' alcohol treatment fund.
 
   (l)   Appeal Does Not Stay Operation of License Suspension. If a person whose driver's or commercial driver's license or permit or nonresident operating privilege is suspended under this section files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does not stay the operation of the suspension.
 
   (m)   Subsection (a)(1)J. of this section does not apply to a person who operates a vehicle while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in that subsection, if both of the following apply:
      (1)   The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
      (2)   The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
 
   (n)   The prohibited concentrations of a controlled substance or a metabolite of a controlled substance listed in subsection (a)(1)J. of this section also apply in a prosecution of a violation of Ohio R.C. 2923.16(D) in the same manner as if the offender is being prosecuted for a prohibited concentration of alcohol.
 
   (o)   Conflict of Terms. All terms defined in Ohio R.C. 4510.01 apply to this section. If the meaning of a term defined in Ohio R.C . 4510.01 conflicts with the meaning of the same term as defined in Ohio R.C. 4501.01 or this Traffic Code, the term as defined in Ohio R.C. 4510.01 applies to this section. (ORC 4511.19)
 
   (p)   Indigent Drivers Alcohol Treatment Fund. Twenty-five dollars ($25.00) of any fine imposed for a violation of subsection (a) hereof shall be deposited into the municipal or county indigent drivers alcohol treatment fund pursuant to Ohio R.C. 4511.193.
(ORC 4511.193)
 
   (q)   Definitions. As used in this section:
      (1)   "Equivalent offense" means any of the following:
         A.   A violation of division (A) of Ohio R.C. 4511.19;
         B.   A violation of a municipal OVI ordinance;
         C.   A violation of Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section;
         D.   A violation of division (A)(1) of Ohio R.C. 2903.06 or 2903.08 or a municipal ordinance that is substantially equivalent to either of those divisions;
         E.   A violation of division (A)(2), (3) or (4) of Ohio R.C. 2903.06, division (A)(2) of Ohio R.C. 2903.08, or former Ohio R.C. 2903.07, or a municipal ordinance that is substantially equivalent to any of those divisions or that former section, in a case in which a judge or jury as the trier of fact found that the offender was under the influence of alcohol, a drug of abuse, or a combination of them;
         F.   A violation of division (A) of Ohio R.C. 1547.11;
         G.   A violation of a municipal ordinance prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane or similar device on the waters of this State while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane or similar device on the waters of this State with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath or urine;
         H.   A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (A) of Ohio R.C. 4511.19 or division (A) of Ohio R.C. 1547.11;
         I.   A violation of a former law of this State that was substantially equivalent to division (A) of Ohio R.C. 4511.19 or division (A) of Ohio R.C. 1547.11;
      (2)   "Mandatory jail term" means the mandatory term in jail of three, six, ten, twenty, thirty, or sixty days that must be imposed under subsection (h)(1)A., B. or C. upon an offender convicted of a violation of subsection (a) hereof and in relation to which all of the following apply:
         A.   Except as specifically authorized under this section, the term must be served in a jail.
         B.   Except as specifically authorized under this section, the term cannot be suspended, reduced or otherwise modified pursuant to Ohio R.C. 2929.21 to 2929.28, or any other provision of the Ohio Revised Code.
      (3)   "Municipal OVI ordinance" and "municipal OVI offense" mean any municipal ordinance prohibiting a person from operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum, or plasma, breath or urine.
      (4)   "Community residential sanction", "continuous alcohol monitoring", "jail", "mandatory prison term", "mandatory term of local incarceration", "sanction" and "prison term" have the same meanings as in Ohio R.C. 2929.01.
      (5)   "Drug of abuse" has the same meaning as in Ohio R.C. 4506.01.
      (6)   "Equivalent offense that is vehicle-related" means an equivalent offense that is any of the following:
         A.   A violation described in subsection (q)(1), (2), (3), (4) or (5) hereof;
         B.   A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (A) or (B) of Ohio R.C. 4511.19;
         C.   A violation of a former law of this state that was substantially equivalent to division (A) or (B) of Ohio R.C. 4511.19.
(ORC 4511.181)
331.02 PHYSICAL CONTROL WHILE UNDER THE INFLUENCE.
   (EDITOR’S NOTE: This section was repealed by Ordinance 44-90, passed September 4, 1990. See Section 331.01(d) and (e) for relevant provisions.)
331.03 ALCOHOL EVIDENCE; TESTS; IMMUNITY.
   In any criminal prosecution for a violation of Section 331.01 relating to operating a motor vehicle while under the influence of alcohol, the court may admit evidence on the concentration of alcohol in the defendant's blood, breath or urine at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance withdrawn within two hours of the time of such alleged violation.
   When a person submits to a blood test at the request of a police officer under Ohio R.C. 4511.191, only a physician, a registered nurse or a qualified technician or chemist shall withdraw blood for the purpose of determining its alcoholic content. This limitation does not apply to the taking of breath or urine specimens. A physician, a registered nurse or a qualified technician or chemist may refuse to withdraw blood for the purpose of determining the alcohol content of the blood, if in his opinion the physical welfare of the person would be endangered by the withdrawing of blood.
   Such bodily substance shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the Director of Health pursuant to Ohio R.C. 3701.143.
   If there was at the time bodily substance was withdrawn a concentration of less than ten-hundredths of one percent (0.10%) by weight of alcohol in the defendant's blood, less than ten-hundredths of one gram by weight of alcohol per 210 liters of his breath or less than fourteen-hundredths of one gram by weight of alcohol per 100 milliliters of his urine, such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
   Upon the request of the person who was tested, the results of such test shall be made available to him, his attorney or agent, immediately upon the completion of the test analysis.
   The person tested may have a physician, a registered nurse or a qualified technician or chemist of his own choosing administer a chemical test or tests in addition to any administered at the direction of a police officer, and shall be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a police officer.
   Any physician, registered nurse or qualified technician or chemist who withdraws blood from a person pursuant to this section, and any hospital, first-aid station or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person.
(ORC 4511.19; Ord. 7-83. Passed 3-21-83.)
331.04 USE OF ILLEGAL LICENSE PLATES; TRANSFER OF REGISTRATION.
   (a)    No person shall operate or drive a motor vehicle upon the streets in this Municipality if it displays a license plate or a distinctive number or identification mark that meets any of the following criteria:
      (1)   Is fictitious;
      (2)   Is a counterfeit or an unlawfully made copy of any distinctive number or identification mark;
      (3)   Belongs to another motor vehicle, provided that this section does not apply to a motor vehicle that is operated on the streets in this Municipality when the motor vehicle displays license plates that originally were issued for a motor vehicle that previously was owned by the same person who owns the motor vehicle that is operated on the streets in this Municipality, during the thirty-day period described in subsection (c) hereof.
   (b)   Whoever violates subsection (a)(1), (2) or (3) of this section is guilty of operating a motor vehicle bearing an invalid license plate or identification mark, a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.
(ORC 4549.08)
   (c)   Upon the transfer of ownership of a motor vehicle, the registration of the motor vehicle expires, and the original owner shall immediately remove the license plates from the motor vehicle. The transfer of the registration and, where applicable, the license plates from the motor vehicle for which they originally were issued to a succeeding motor vehicle purchased by the same person in whose name the original registration and license plates were issued shall be done within a period not to exceed thirty days. During that thirty-day period, the license plates from the motor vehicle for which they originally were issued may be displayed on the succeeding motor vehicle, and the succeeding motor vehicle may be operated on the streets of the Municipality.
   (d)   Whoever violates subsection (c) of this section is guilty of a misdemeanor of the fourth degree.
(ORC 4503.12)
331.041 REGISTRATION WITHIN THIRTY DAYS OF RESIDENCY.
   (a)   Within thirty days of becoming a resident of this State, any person who owns a motor vehicle operated or driven upon the public roads or highways shall register the vehicle in this State. If such a person fails to register a vehicle owned by the person, the person shall not operate any motor vehicle in this Municipality under a license issued by another state.
   (b)   (1)   Whoever violates subsection (a) of this section is guilty of a minor misdemeanor.
      (2)   The offense established under subsection (b)(1) of this section is a strict liability offense and strict liability is a culpable mental state for purposes of Ohio R.C. 2901.20. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
   (c)   For purposes of subsection (a) of this section, “resident” means any person to whom any of the following applies:
      (1)   The person maintains their principal residence in this State and does not reside in this State as a result of the person’s active service in the United States Armed Forces.
      (2)   The person is determined by the Registrar of Motor Vehicles to be a resident in accordance with standards adopted by the Registrar under Ohio R.C. 4507.01.
(ORC 4503.111)
331.05 DISPLAY OF LICENSE PLATES OR VALIDATION STICKERS; REGISTRATION.
   (a)   (1)   Subject to Ohio R.C. 4503.211, no person who is the owner or operator of a motor vehicle shall fail to display in plain view on the rear of the motor vehicle a license plate that displays the distinctive number and registration mark assigned to the motor vehicle by the Ohio Director of Public Safety, including any county identification sticker and any validation sticker when required by and issued under Ohio R.C. 4503.19 and 4503.191. However a commercial tractor shall display the license plate on the front of the commercial tractor.
      (2)   The license plate shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs its visibility.
      (3)   Subject to Ohio R.C. 4503.211, no person to whom a temporary motor vehicle license registration has been issued for the use of a motor vehicle under Ohio R.C. 4503.182, and no operator of that motor vehicle, shall fail to display the temporary motor vehicle license registration in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle.
      (4)   No person shall cover a temporary motor vehicle license registration by any material that obstructs its visibility.
         (ORC 4503.21(A))
   (b)   (1)   Whoever violates subsection (a) of this section is guilty of a minor misdemeanor.
      (2)   The offenses established under subsection (a) of this section are strict liability offenses and Ohio R.C. 2901.20 does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
         (ORC 4503.21(B), (C))
331.051 EXPIRED VALIDATION STICKERS AND LICENSE PLATES.
   No person shall operate any vehicle upon which are displayed validation stickers for any period of time which has expired, or any license plates issued in another state for which the period of reciprocal agreement with the state of issue has expired.
(Ord. 53-83. Passed 11-21-83.)
331.053 OPERATING WITHOUT DEALER OR MANUFACTURER LICENSE PLATES.
   (a)   No person shall operate or cause to be operated upon a public road or highway a motor vehicle of a manufacturer or dealer unless the vehicle carries and displays a placard, except as provided in Ohio R.C. 4503.21, issued by the Director of Public Safety that displays the registration number of its manufacturer or dealer.
   (b)   Whoever violates subsection (a) of this section is guilty of illegal operation of a manufacturer’s or dealer’s motor vehicle, a minor misdemeanor.
(ORC 4549.10)
331.06 RESIDENT OPERATING WITH NUMBER ISSUED BY FOREIGN STATE.
   No person who is the owner of a motor vehicle and a resident of Ohio shall operate or drive such motor vehicle upon the streets of this City, while it displays a distinctive number or identification mark issued by or under the authority of another state, without complying with the laws of Ohio relating to the registration and identification of motor vehicles.
(ORC 4549.12; Ord. 7-83. Passed 3-21-83.)
331.061 OPERATING WITH NUMBER OF FORMER OWNER.
   (a)   No person shall operate or drive upon the streets or highways a motor vehicle acquired from a former owner who has registered the same while such vehicle displays the distinctive number or identification mark assigned to it upon its original registration.
   (b)   Upon transfer of the ownership of a motor vehicle, the registration of such motor vehicle shall expire and the original owner shall immediately remove such plates from such motor vehicle.
(Ord. 44-91. Passed 8-5-91.)
331.07 STOPPING AFTER ACCIDENT INVOLVING INJURY TO PERSONS OR PROPERTY.
   (a)   (1)   In the case of a motor vehicle accident or collision resulting in injury or damage to persons or property on any public or private property other than a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, shall stop at the scene of the accident or collision. Upon request of any person who is injured or damaged, or any other person, the operator shall give that person the operator’s name and address, and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, and, if available, exhibit the operator’s driver’s or commercial driver’s license.
      (2)   If the operator of the motor vehicle involved in the accident or collision does not provide the information specified in subsection (a)(1) of this section, the operator shall give that information, within twenty-four hours after the accident or collision, to the Police Department.
      (3)   If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required under subsection (a)(1) of this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.
   (b)   (1)   Whoever violates subsection (a) of this section is guilty of failure to stop after a nonpublic road accident. Except as otherwise provided in subsection (b)(2) or (3) of this section, failure to stop after a nonpublic road accident is a misdemeanor of the first degree.
      (2)   If the accident or collision results in serious physical harm to a person, failure to stop after a nonpublic road accident is a felony and shall be prosecuted under appropriate State law.
      (3)   If the accident or collision results in the death of a person, failure to stop after a nonpublic road accident is a felony and shall be prosecuted under appropriate State law.
      (4)   In all cases, the court, in addition to any other penalties provided by law, shall impose upon the offender a class five suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(5) of Ohio R.C. 4510.02. No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this subsection.
   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.18 or 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during or after committing the offense charged under this section.
(ORC 4549.021)
331.08 STOPPING AFTER ACCIDENT INVOLVING DAMAGE TO REALTY.
   (a)   The driver of any vehicle involved in an accident resulting in damage to real property, or personal property attached to real property, legally upon or adjacent to a public road or highway immediately shall stop and take reasonable steps to locate and notify the owner or person in charge of the property of that fact, of the driver’s name and address, and of the registration number of the vehicle the driver is driving and, upon request and if available, shall exhibit the driver’s or commercial driver’s license.
   If the owner or person in charge of the property cannot be located after reasonable search, the driver of the vehicle involved in the accident resulting in damage to the property, within twenty-four hours after the accident, shall forward to the police authority in the municipality in which the accident or collision occurred, the same information required to be given to the owner or person in control of the property and give the location of the accident and a description of the damage insofar as it is known.
   (b)   Whoever violates subsection (a) of this section is guilty of failure to stop after an accident involving the property of others, a misdemeanor of the first degree.
   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during or after committing the offense charged under this section. (ORC 4549.03)
331.09 OPERATION IN WILLFUL OR WANTON DISREGARD OF SAFETY.
   (a)    No person shall operate a vehicle on any street or highway in willful or wanton disregard of the safety of persons or property.
(ORC 4511.20)
   (b)   No person shall operate a vehicle on any public or private property other than streets or highways, in willful or wanton disregard of the safety of persons or property.
   This subsection does not apply to the competitive operation of vehicles on public or private property when the owner of such property knowingly permits such operation thereon.
(ORC 4511.201; Ord. 42-95. Passed 11-6-95.)
331.10 RECKLESS OPERATION ON STREETS, PUBLIC OR PRIVATE PROPERTY.
   (a)   No person shall operate a vehicle on any street or highway without due regard for the safety of persons or property.
   (b)   No person shall operate a vehicle on any public or private property other than streets or highways, without due regard for the safety of persons or property.
   This subsection does not apply to the competitive operation of vehicles on public or private property when the owner of such property knowingly permits such operation thereon.
(Ord. 42-95. Passed 11-6-95.)
331.101 STOPPING AFTER ACCIDENT UPON STREETS; COLLISION WITH UNATTENDED VEHICLE.
   (a)   (1)   In the case of a motor vehicle accident or collision with persons or property on a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, immediately shall stop the operator’s motor vehicle at the scene of the accident or collision. The operator shall remain at the scene of the accident or collision until the operator has given the operator’s name and address and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, to all of the following:
         A.   Any person injured in the accident or collision;
         B.   The operator, occupant, owner or attendant of any motor vehicle damaged in the accident or collision;
         C.   The police officer at the scene of the accident or collision.
      (2)   In the event an injured person is unable to comprehend and record the information required to be given under subsection (a)(1) of this section, the other operator involved in the accident or collision shall notify the nearest police authority concerning the location of the accident or collision, and the operator’s name, address and the registered number of the motor vehicle the operator was operating. The operator shall remain at the scene of the accident or collision until a police officer arrives, unless removed from the scene by an emergency vehicle operated by a political subdivision or an ambulance.
      (3)   If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.
   (b)   (1)   Whoever violates subsection (a) of this section is guilty of failure to stop after an accident. Except as otherwise provided in subsection (b)(2) or (3) of this section, failure to stop after an accident is a misdemeanor of the first degree.
      (2)   If the accident or collision results in serious physical harm to a person, failure to stop after an accident is a felony and shall be prosecuted under appropriate State law.
      (3)   If the accident or collision results in the death of a person, failure to stop after an accident is a felony and shall be prosecuted under appropriate State law.
      (4)   In all cases, the court, in addition to any other penalties provided by law, shall impose upon the offender a class five suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(5) of Ohio R.C. 4510.02. No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this subsection.
   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.18 or 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during or after committing the offense charged under this section.
(ORC 4549.02)
331.11 OPERATION WITHOUT REASONABLE CONTROL.
   (a)   No person shall operate a motor vehicle, agricultural tractor, or agricultural tractor that is towing, pulling, or otherwise drawing a unit of farm machinery on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, agricultural tractor or unit of farm machinery.
   (b)   Whoever violates this section is guilty of operating a motor vehicle or agricultural tractor without being in control of it, a minor misdemeanor.
(ORC 4511.202)
331.12 DRIVING UNDER SUSPENSION OR REVOCATION.
   (EDITOR'S NOTE: This section was repealed by Ordinance 43-90, passed September 4, 1990. See Section 303.08 for relevant provisions.)
331.121 DRIVER'S LICENSE RESTRICTIONS.
   (EDITOR’S NOTE: The provisions of former Section 331.121 are now codified under Section 303.08.)
331.13 SPEED LIMITS; ASSURED CLEAR DISTANCE AHEAD.
   (a)    No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, in and upon any street or highway at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead.
(Ord. 22-88. Passed 5-2-88.)
   (b)    It is prima-facie lawful, in the absence of a lower limit declared pursuant to this section by the Ohio Director of Transportation or local authorities, for the operator of a motor vehicle, to operate the same at a speed not exceeding the following:
      (1)    Fifteen miles per hour on all alleys within the City;
      (2)    Twenty miles per hour when passing a school building or the grounds thereof during school recess and while children are going to or leaving school during the opening or closing hours, and when appropriate signs giving notice of the existence of the school are erected, except, that on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by subsection (b)(5) hereof, and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by subsection (b)(6) hereof;
      (3)   Twenty-five miles per hour in all other portions of the City, except on State routes, through streets and through highways outside business districts and alleys;
      (4)    Thirty-five miles per hour on all State routes or through streets and through highways within the City outside business districts, except as provided in subsection (b)(5) hereof, on Yellow Springs-Fairfield Road between State Route 235 and Roehner Drive;
         (Ord. 7-01. Passed 2-5-01.)
      (5)    Fifty-five miles per hour on controlled-access highways and expressways within the City; and on Xenia Drive between the west right of way line of I-675 and the east corporation limit.
         (Ord. 54-04. Passed 12-6-04.)
      (6)    Sixty-five miles per hour at all times on freeways with paved shoulders inside the City, except fifty-five miles per hour at all times for operators of trucks and commercial tractors weighing in excess of four tons empty weight and school buses;
(Ord. 7-01. Passed 2-5-01.)
      (7)    Forty-five miles per hour on Spangler Road between the north corporation limit and Yellow Springs-Fairfield Road; on Kauffman Avenue between Colonel Glenn Highway and Zink Road; on Colonel Glenn Highway between the west corporation limit and Old Yellow Springs Road; on Dayton-Yellow Springs Road between I-675 and Trebein Road; on Armstrong Road between the east corporation limit and Stoneybrook Trail; on Garland Avenue between the I-675 east right-of-way line and Trebein Road; on Trebein Road between the south corporation limit and the north corporation limit; and on North Fairfield Road between the south corporation limit and Colonel Glenn Highway; and on Yellow Springs-Fairfield Road between Roehner Drive and the east corporation limit; and on Broad Street from Sandhill Road to the north corporation limit. (Ord. 30-25. Passed 11-17-25.)
   (c)    It is prima-facie unlawful for any person to exceed any of the speed limitations in any section of this Traffic Code, or any declared by the Ohio Director of Transportation or local authorities.
   (d)   In every charge of violation of this section, the affidavit and warrant shall specify the time, place and the speed at which the defendant is alleged to have driven and also, the speed which this section declares is prima-facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit him to bring the vehicle to a stop within the assured clear distance ahead, the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.
(Ord. 65-88. Passed 12-5-88.)
   (e)   (1)   A violation of any provision of this section is one of the following:
         A.   Except as otherwise provided in subsections (e)(1)B., (1)C., (2) and (3) of this section, a minor misdemeanor;
         B.   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violations of any provision of this section or of any provision of Ohio R.C. 4511.21 or a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor of the fourth degree;
         C.   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of any provision of this section or of any provision of Ohio R.C. 4511.21 or a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor of the third degree.
      (2)   If the offender operated a motor vehicle faster than thirty-five miles an hour in a business district of a municipal corporation, faster than fifty miles an hour in other portions of a municipal corporation, or faster than thirty-five miles an hour in a school zone during recess or while children are going to or leaving school during the school’s opening or closing hours, a misdemeanor of the fourth degree. This subsection does not apply if penalties may be imposed under subsections (j)(1)B. or (j)(1)C. of this section.
      (3)   Notwithstanding subsection (e)(1) of this section, if the offender operated a motor vehicle in a construction zone where a sign was then posted in accordance with Ohio R.C. 4511.98, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two times the usual amount imposed for the violation. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender if the offender alleges, in an affidavit filed with the court prior to the offender’s sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this subsection and if the court determines that the offender is an indigent person and unable to pay the fine.
      (4)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.21)
331.14 STREET RACING, STUNT DRIVING AND STREET TAKEOVERS PROHIBITED.
   (a)    As used in this section:
      (1)   BURNOUT. A maneuver performed while operating a vehicle whereby the vehicle is kept in a stationary position, but the wheels of the vehicle are spun, which may cause the tires of the vehicle to become heated and emit smoke from the friction.
      (2)   DOUGHNUT. A maneuver performed while operating a vehicle whereby the front or rear of the vehicle is rotated around the opposite set of wheels in a continuous motion, which may cause a circular skid-mark pattern of rubber on the driving surface, or the tires of the vehicle to become heated and emit smoke from the friction, or both.
      (3)   DRIFTING. A maneuver performed while operating a vehicle whereby the vehicle is driven in a manner that causes a controlled, sideways skid during a turn, with the front wheels pointing in a direction that is the opposite of the direction of the turn.
      (4)   STREET RACING. The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds. The operation of two or more vehicles side by side either at speeds in excess of prima-facie lawful speeds established by Ohio R.C. 4511.21(B)(1)(a) to (B)(9) or rapidly accelerating from a common starting point to a speed in excess of such prima-facie lawful speeds shall be prima-facie evidence of street racing.
      (5)   STREET TAKEOVER. Blocking or impeding the regular flow of vehicle or pedestrian traffic on a public road, street, or highway or on private property that is open to the general public for the purpose of street racing or stunt driving.
      (6)   STUNT DRIVING. Performing or engaging in burnouts, doughnuts, drifting, or wheelies, or allowing a passenger to ride either partially or fully outside of the vehicle while operating that vehicle.
      (7)   WHEELIE. A maneuver performed while operating a vehicle whereby the front wheel or wheels of the vehicle are raised off of the ground or whereby two wheels that are on the same side of the vehicle are raised off of the ground.
   (b)   No person shall knowingly participate in street racing, stunt driving, or street takeover upon any public road, street, or highway, or on private property that is open to the general public.
   (c)   Whoever violates this section is guilty of street racing, stunt driving, or street takeover, a misdemeanor of the first degree. In addition to any other sanctions, the court shall suspend the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege for not less than thirty days or more than three years. No judge shall suspend the first thirty days of any suspension of an offender’s license, permit, or privilege imposed under this division.
   (d)   Persons rendering assistance in any manner to street racing, stunt driving, or street takeover shall be equally charged as the participants.
   (e)   This section does not apply to the competitive operation of vehicles on public or private property when the political subdivision with jurisdiction of the location or owner of the property knowingly permits such operation thereon. (ORC 4511.251)
331.15 STOPPING VEHICLE; SLOW SPEED; POSTED MINIMUM SPEEDS.
   (a)   No person shall stop or operate a vehicle at such an unreasonably slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.
   (b)   Whenever, in accordance with Ohio R.C. 4511.22(B), the minimum speed limit of a controlled-access highway, expressway or freeway has been declared and the appropriate signs giving notice have been erected as required, operators of motor vehicles shall be governed by the speed limitations set forth on such signs. No person shall operate a motor vehicle below the speed limits posted upon such signs except when necessary for safe operation or in compliance with law.
   (c)   In a case involving a violation of this section, the trier of fact, in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator.
   (d)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.22)
331.16 SPEED REGULATIONS OVER BRIDGES.
   (a)    No person shall operate a vehicle over any bridge or other elevated structure constituting a part of a street at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is sign posted.
   (b)    Upon the trial of any person charged with a violation of this section, proof of such determination of the maximum speed and the existence of such signs shall constitute prima-facie evidence of the maximum speed which can be maintained with safety to such bridge or structure. (Ord. 7-83. Passed 3-21-83.)
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.23)
331.17 SPEED EXCEPTIONS FOR EMERGENCY AND SAFETY VEHICLES.
   The prima-facie speed limitations set forth in Section 331.13 do not apply to emergency vehicles or public safety vehicles when they are responding to emergency calls and are equipped with and displaying at least one flashing, rotating or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and when the drivers thereof sound audible signals by bell, siren or exhaust whistle. This section does not relieve the driver of the emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons using the street or highway.
(ORC 4511.24; Ord. 7-83. Passed 3-21-83.)
331.18 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
   (a)   Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:
      (1)   When overtaking and passing another vehicle proceeding in the same direction, or when making a left turn under the rules governing such movements;
      (2)   When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
      (3)   When driving upon a roadway divided into three or more marked lanes for traffic under the rules applicable thereon;
      (4)   When driving upon a roadway designated and posted with signs for one-way traffic;
      (5)   When otherwise directed by a police officer or traffic control device.
   (b)   (1)   Upon all roadways any vehicle proceeding at less than the prevailing and lawful speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, and far enough to the right to allow passing by faster vehicles if such passing is safe and reasonable, except under any of the following circumstances:
         A.   When overtaking and passing another vehicle proceeding in the same direction;
         B.   When preparing for a left turn;
         C.   When the driver must necessarily drive in a lane other than the right-hand lane to continue on the driver’s intended route.
      (2)   Nothing in subsection (b)(1) of this section requires a driver of a slower vehicle to compromise the driver’s safety to allow overtaking by a faster vehicle.
   (c)   Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use the lanes, or except as permitted under subsection (a) (2) hereof.
   This subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.
   (d)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.25)
331.19 VEHICLES TO PASS TO RIGHT WHEN PASSING IN OPPOSITE DIRECTION.
   (a)   Operators of vehicles proceeding in opposite directions shall pass each other to the right, and, upon streets having width for not more than one line of traffic in each direction, each operator shall give to the other one-half or as nearly one-half of the main traveled portion of the street as is reasonably possible. (Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.26)
331.20 RULES GOVERNING OVERTAKING AND PASSING OF VEHICLES.
   (a)   The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction:
(1)   The operator of a vehicle overtaking another vehicle proceeding in the same direction shall, except as provided in subsection (a)(3) hereof, signal to the vehicle to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. When a motor vehicle overtakes and passes a bicycle or electric bicycle, three feet or greater is considered a safe passing distance. (A.O.)
(2)    Except when overtaking and passing on the right is permitted, the operator of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle at the latter's audible signal and he shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
(3)    The operator of a vehicle overtaking and passing another vehicle proceeding in the same direction on a divided highway as defined in Ohio R.C. 4511.35, a limited-access highway as defined in Ohio R.C. 5511.02 or a highway with four or more traffic lanes, is not required to signal audibly to the vehicle being overtaken and passed.
         (Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.27)
331.21 OVERTAKING VEHICLES; PASSING TO RIGHT; LANES.
   (a)    The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
      (1)    When the vehicle overtaken is making or about to make a left turn;
      (2)    Upon a street or roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
   (b)    The driver of a vehicle may overtake and pass another vehicle only under conditions permitting such movement in safety. The movement shall not be made by driving off the street or roadway. (Ord. 7-83. Passed 3-21-83.)
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.28)
331.22 OVERTAKING VEHICLES LEFT OF CENTER.
   (a)   No vehicle shall be driven to the left of the center of the street or roadway in overtaking and passing traffic proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made, without interfering with the safe operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event, the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for traffic approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.
(Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.29)
331.23 DRIVING TO LEFT OF CENTER AT INTERSECTIONS, CURVES.
   (a)   No vehicle shall be driven upon the left side of the street or roadway under the following conditions:
(1)    When approaching the crest of a grade or upon a curve in the street or highway, where the operator's view is obstructed within such a distance as to create a hazard in the event traffic might approach from the opposite direction;
(2)    When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel;
(3)    When approaching within 100 feet of or traversing any intersection or railroad grade crossing.
   (b)   This section does not apply to vehicles upon a one-way roadway, upon a street or midway where traffic is lawfully directed to be driven to the left side or under the conditions described in Section 331.18(a)(2). (Ord. 7-83. Passed 3-21-83.)
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.30)
331.24 RULES FOR DRIVING IN MARKED LANES.
   (a)   Whenever any street or roadway has been divided into two or more clearly marked lanes for traffic, or wherever traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply:
(1)    A vehicle shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.
(2)    Upon a street or roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or when preparing for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is posted with signs to give notice of such allocation.
(3)    Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of such signs.
(4)    Official traffic control devices may be installed prohibiting the changing of lanes on sections of streets or roadways and drivers of vehicles shall obey the directions of every such device. (Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.33)
331.25 SPACE BETWEEN MOVING VEHICLES.
   (a)    The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the street. (ORC 4511.34)
   (b)    The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon a street or highway outside a business or residence district shall maintain a sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so an overtaking motor vehicle may enter and occupy such space without danger. This subsection does not prevent overtaking and passing nor does it apply to any lane specially designated for use by trucks.
   (c)    Motor vehicles being driven upon any street or roadway outside of a business or residence district in a caravan or motorcade, shall maintain a sufficient space between such vehicles so an overtaking vehicle may enter and occupy such space without danger. This subsection shall not apply to funeral processions. (Ord. 7-83. Passed 3-21-83.)
   (d)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.34)
331.26 RULES FOR TURNS AT INTERSECTIONS.
   (a)   The driver of a vehicle intending to turn at an intersection shall be governed by the following rules:
(1)    Approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the street or roadway.
(2)    At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the street or roadway nearest the center line thereof, and by passing to the right of such center line where it enters the intersection and after entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center line of the street or roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
(3)    At any intersection where traffic is restricted to one direction on one or more of the streets or roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left- hand lane of the street or roadway being entered, lawfully available to traffic moving in that lane.
      (4)    The City Manager may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles and certain types of vehicles, turning at an intersection, and when markers, buttons or signs are so placed, no operator of a vehicle shall turn such vehicle at an intersection other than as directed and required by such markers, buttons or signs.
         (Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.36)
331.27 "U" TURNS PROHIBITED.
   (a)    No driver of any vehicle shall make any U-turn at any intersection where there is a traffic control device so as to be proceeding in the opposite direction such vehicle was proceeding before such turn was made, except as otherwise provided by this Traffic Code.
   (b)    No person shall make a U-turn with any motor vehicle at any time in the intersection of Central Avenue and Main Street in the City.
   (c)    No person shall make a left turn with any motor vehicle at any time from Powell Avenue to Central Avenue.
(Ord. 7-83. Passed 3-21-83.)
331.28 RESTRICTIONS UPON TURNING AROUND IN STREET.
   No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to, or near the crest of a grade, if such vehicle cannot be seen within 500 feet by the driver of any other vehicle approaching from either direction.
(ORC 4511.37; Ord. 7-83. Passed 3-21-83.)
331.29 STARTING AND BACKING VEHICLES.
   (a)    No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
   (b)    Before backing, operators of vehicles shall give ample warning and while backing, shall exercise vigilance not to injure persons or property on the street.
   (c)    No person shall back a motor vehicle on a freeway except in a rest area; in the performance of public works or official duties; or as a result of an emergency caused by an accident or breakdown of a motor vehicle. (Ord. 7-83. Passed 3-21-83.)
   (d)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.38)
331.30 SIGNALS BEFORE STOPPING, TURNING OR CHANGING COURSE.
   (a)   No person shall turn a vehicle or move right or left upon a highway unless and until such person has exercised due care to ascertain that the movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.
   When required, a signal of intention to turn or move right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning, except that in the case of a person operating a bicycle or electric bicycle, the signal shall be made not less than one time but is not required to be continuous. A bicycle or electric bicycle operator is not required to make a signal if the bicycle or electric bicycle is in a designated turn lane, and a signal shall not be given when the operator’s hands are needed for the safe operation of the bicycle or electric bicycle. (A.O.)
   No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give a signal.
   Any stop or turn signal required by this section shall be given either by means of the hand and arm, or by signal lights that clearly indicate to both approaching and following traffic the intention to turn or move right or left, except that any motor vehicle in use on a street or highway shall be equipped with, and the required signal shall be given by, signal lights when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet, whether a single vehicle or a combination of vehicles.
   The signal lights required by this section shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section. (Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.39)
331.31 HAND AND ARM SIGNALS.
   (a)   Except as provided in subsection (b) hereof, all signals required by this Traffic Code, when given by hand and arm shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows:
      (1)   Left turn: Hand and arm extended horizontally;
      (2)   Right turn: Hand and arm extended upward;
      (3)   Stop or decrease speed: Hand and arm extended downward.
   (b)   As an alternative to subsection (a)(2) hereof, a person operating a bicycle or electric bicycle may give a right turn signal by extending the right hand and arm horizontally and to the right side of the bicycle or electric bicycle.
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.40)
331.32 RIGHT OF WAY AT INTERSECTIONS.
   (a)   When two vehicles approach or enter an intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
   (b)   The right of way rule declared in subsection (a) hereof, is modified at through highways and otherwise as stated in this Traffic Code and Ohio R.C. Chapter 4511.
(ORC 4511.41)
   (c)   Subject to compliance with any traffic control device, when two vehicles approach or enter a junction of two or more alleys from different directions at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right. (Ord. 42-95. Passed 11-6-95.)
   (d)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.41)
331.33 RIGHT OF WAY WHEN TURNING LEFT.
   (a)   The operator of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right of way to any vehicle approaching from the opposite direction, whenever the approaching vehicle is within the intersection or so close to the intersection, alley, private road or driveway as to constitute an immediate hazard.
(Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.42)
331.34 RIGHT OF WAY AT THROUGH STREETS; STOP AND YIELD RIGHT OF WAY.
   (a)    Except when directed to proceed by a law enforcement officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting street or roadway where the driver has a view of approaching traffic on the intersecting street or roadway before entering it. After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another street or roadway so closely as tip constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of streets or roadways.
   (b)    The driver of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting street or roadway where the driver has a view of approaching traffic on the intersecting street or roadway before entering it. After flowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another street or roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of streets or roadways. Whenever a driver is involved in a collision with a vehicle in the intersection or junction of streets or roadways, after driving past a yield sign without stopping, the collision shall be prima-facie evidence of the driver's failure to yield the right of way. (Ord. 7-83. Passed 3-21-83.)
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.43)
331.35 STOP AT SIDEWALK AREA.
   (a)   The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.
(Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.431)
331.36 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: DUTY TO YIELD.
   (a)   Subject to compliance with any traffic control device, the operator of a vehicle about to enter or cross a highway from an alley or from any place other than another roadway shall yield the right of way to all traffic approaching on the roadway to be entered or crossed.
(Ord. 42-95. Passed 11-6-95.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.44)
331.37 RIGHT OF WAY OF FUNERAL PROCESSION.
   (a)   As used in this section "funeral procession" means two or more vehicles accompanying the cremated remains or the body of a deceased person in the daytime when each of the vehicles has its headlights lighted and is displaying a purple and white or an orange and white pennant attached to each vehicle in such a manner as to be clearly visible to traffic approaching from any direction.
   (b)   Excepting public safety vehicles proceeding in accordance with Section 331.38 or when directed otherwise by a police officer, pedestrians and the operators of all vehicles shall yield the right of way to each vehicle that is a part of a funeral procession. Whenever the lead vehicle in a funeral procession lawfully enters an intersection, the remainder of the vehicles in the procession may continue to follow the lead vehicle through the intersection notwithstanding any traffic control devices or right-of-way provisions of this Traffic Code, provided that the operator of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian.
   (c)   No person shall operate any vehicle as a part of a funeral procession without having the headlights of the vehicle lighted and without displaying a purple and white or an orange and white pennant in such a manner as to be clearly visible to traffic approaching from any direction.
   (d)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.451)
331.38 RIGHT OF WAY OF PUBLIC SAFETY OR CORONER’S VEHICLE.
   (a)   Upon the approach of a public safety vehicle or coroner’s vehicle, equipped with at least one flashing, rotating or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and the driver is giving an audible signal by siren, exhaust whistle or bell, no driver of any other vehicle shall fail to yield the right-of-way, immediately drive if practical to a position parallel to and as close as possible to, the right edge or curb of the street clear of any intersection, and stop and remain in that position until the public safety vehicle or coroner’s vehicle has passed, except when otherwise directed by a police officer.
   (b)   This section does not relieve the driver of a public safety vehicle or coroner’s vehicle from the duty to drive with due regard for the safety of all persons and property upon the street.
   (c)   This section applies to a coroner’s vehicle only when the vehicle is operated in accordance with Ohio R.C. 4513.171. As used in this section, “coroner’s vehicle” means a vehicle used by a coroner, deputy coroner or coroner’s investigator that is equipped with a flashing, oscillating or rotating red or blue light and a siren, exhaust whistle, or bell capable of giving an audible signal.
   (d)   Except as otherwise provided in this subsection or Section 331.381, whoever violates subsection (a) of this section is guilty of a misdemeanor of the fourth degree on a first offense. On a second offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree, and, on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the second degree.
(ORC 4511.45)
331.381 REPORT OF VEHICLE FAILING TO YIELD RIGHT OF WAY TO PUBLIC SAFETY VEHICLE.
   (a)   When the failure of a motor vehicle operator to yield the right-of-way to a public safety vehicle as required by Section 331.38(a) impedes the ability of the public safety vehicle to respond to an emergency, any emergency personnel in the public safety vehicle may report the license plate number and a general description of the vehicle and the operator of the vehicle to the law enforcement agency exercising jurisdiction over the area where the alleged violation occurred.
   (b)   (1)   Upon receipt of a report under subsection (a) of this section, the law enforcement agency may conduct an investigation to attempt to determine or confirm the identity of the operator of the vehicle at the time of the alleged violation.
      (2)   If the identity of the operator at the time of an alleged violation of Section 331.38(a) is established, the law enforcement agency has probable cause to issue either a written warning or a citation for that violation, and the agency shall issue a written warning or a citation to the operator.
      (3)   If the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the law enforcement agency may issue a warning to the person who owned the vehicle at the time of the alleged violation. However, in the case of a leased or rented vehicle, the law enforcement agency shall issue the written warning to the person who leased or rented the vehicle at the time of the alleged violation.
   (c)   (1)   Whoever violates Section 331.38(a) based on a report filed under subsection (a) of this section is guilty of a minor misdemeanor and shall be fined one hundred fifty dollars ($150.00).
      (2)   If a person who is issued a citation for a violation of Section 331.38(a) based on a report filed under subsection (a) of this section does not enter a written plea of guilty and does not waive the person’s right to contest the citation but instead appears in person in the proper court to answer the charge, the trier of fact cannot find beyond a reasonable doubt that the person committed that violation unless the emergency personnel who filed the report appears in person in the court and testifies.
   (d)   As used in this section:
      (1)   “License plate” includes any temporary motor vehicle license registration issued under Ohio R.C. 4503.182 or similar law of another jurisdiction.
      (2)   “Public safety vehicle” does not include an unmarked public safety vehicle or a vehicle used by a public law enforcement officer or other person sworn to enforce the criminal and traffic laws of the State or a vehicle used by the Motor Carrier Enforcement Unit for the enforcement of orders and rules of the Public Utilities Commission.
(ORC 4511.454)
331.39 DRIVING THROUGH SAFETY ZONES.
   (a)   No vehicle shall at any time be driven through or within a safety zone.
(Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.60)
331.40 DRIVING ACROSS GRADE CROSSING.
   (a)   (1)    Whenever any person driving a vehicle approaches a railroad grade crossing, the person shall stop within fifty feet, but not less than fifteen feet from the nearest rail of the railroad if any of the following circumstances exist at the crossing:
         A.   A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train or other on-track equipment.
         B.   A crossing gate is lowered.
         C.   A flagperson gives or continues to give a signal of the approach or passage of a train or other ontrack equipment.
         D.   There is insufficient space on the other side of the railroad grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, pedestrians, or trains, notwithstanding any highway traffic signal indication to proceed.
         E.   An approaching train is emitting an audible signal or is plainly visible and is in hazardous proximity to the crossing.
         F.   There is insufficient undercarriage clearance to safely negotiate the crossing.
         G.   There is insufficient space on the other side of the railroad grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other on-track equipment.
         H.   Approaching on-track equipment is emitting an audible signal or is plainly visible and is in hazardous proximity to the crossing.
      (2)   A.   A person who is driving a vehicle and who approaches a railroad grade crossing shall not proceed as long as any of the circumstances described in subsections (a)(1)A. to F. of this section exist at the crossing.
         B.   A person who is driving a vehicle and who approaches a railroad grade crossing shall not recklessly proceed as long as any of the circumstances described in subsections (a)(1)G. or H. of this section exist at the crossing.
   
   (b)   No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed unless the person is signaled by a law enforcement officer or flagperson that it is permissible to do so.
   (c)   (1)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
      (2)    In lieu of a fine or jail term for a violation of this section, a court may instead order the offender to attend and successfully complete a remedial safety training or presentation regarding rail safety that is offered by an authorized and qualified organization that is selected by the court. The offender shall complete the presentation within a time frame determined by the court, not to exceed 180 days after the court issues the order. The offender shall notify the court of the successful completion of the presentation. When the offender notifies the court of the successful completion of the presentation, the court shall waive any fine or jail term that it otherwise would have imposed for a violation of this section.
         (ORC 4511.62)
331.41 STOPPING AT GRADE CROSSING.
   (a)   (1)   Except as provided in subsection (b) of this section, the operator of any bus, any school vehicle, or any vehicle transporting a material or materials required to be placarded under 49 C.F.R. Parts 100 through 185, before crossing at grade any track of a railroad, shall stop the vehicle and, while so stopped, shall listen through an open door or open window and look in both directions along the track for any approaching train or other on-track equipment, and for signals indicating the approach of a train or other on-track equipment, and shall proceed only upon exercising due care after stopping, looking, and listening as required by this section. Upon proceeding, the operator of such a vehicle shall cross only in a gear that will ensure there will be no necessity for changing gears while traversing the crossing and shall not shift gears while crossing the tracks.
      (2)   This section does not apply at grade crossings when the Ohio Public Utilities Commission has authorized and approved an exempt crossing as provided in this subsection.
         A.   Any local authority may file an application with the Commission requesting the approval of an exempt crossing. Upon receipt of such a request, the Commission shall authorize a limited period for the filing of comments by any party regarding the application and then shall conduct a public hearing in the community seeking the exempt crossing designation. The Commission shall provide appropriate prior public notice of the comment period and the public hearing. By registered mail, the Commission shall notify each railroad operating over the crossing of the comment period.
         B.   After considering any comments or other information received, the Commission may approve or reject the application. By order, the Commission may establish conditions for the exempt crossing designation, including compliance with division (b) of 49 C.F.R. Part 392.10, when applicable. An exempt crossing designation becomes effective only when appropriate signs giving notice of the exempt designation are erected at the crossing as ordered by the Commission and any other conditions ordered by the Commission are satisfied.
         C.   By order, the Commission may rescind any exempt crossing designation made under this section if the Commission finds that a condition at the exempt crossing has changed to such an extent that the continuation of the exempt crossing designation compromises public safety. The Commission may conduct a public hearing to investigate and determine whether to rescind the exempt crossing designation. If the Commission rescinds the designation, it shall order the removal of any exempt crossing signs and may make any other necessary order.
      (3)   As used in this section:
         A.   “School vehicle” means any vehicle used for the transportation of pupils to and from a school or school-related function if the vehicle is owned or operated by, or operated under contract with, a public or nonpublic school.
         B.   “Bus” means any vehicle originally designed by its manufacturer to transport sixteen or more passengers, including the driver, or carries sixteen or more passengers, including the driver.
         C.   “Exempt crossing” means a highway rail grade crossing authorized and approved by the Public Utilities Commission under subsection (a)(2) hereof at which vehicles may cross without making the stop otherwise required by this section.
      (4)   Except as otherwise provided in this subsection (a)(4), whoever violates subsection (a) hereof is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of subsection (a) hereof or Ohio R.C. 4511.76, 4511.761, 4511.762, 4511.764, 4511.77 or 4511.79, or a municipal ordinance that is substantially similar to any of those sections, whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree. (ORC 4511.63)
   (b)   (1)   When authorized stop signs are erected at railroad grade crossings, the operator of any vehicle shall stop within fifty but not less than fifteen feet from the nearest rail of the railroad tracks and shall exercise due care before proceeding across such grade crossing.
      (2)   Except as otherwise provided in this subsection, whoever violates this subsection (b)(1) hereof is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.61)
331.42 DUTIES OF SLOW-MOVING VEHICLE AT GRADE CROSSING.
   (a)    No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with subsections (b) and (c) hereof.
   (b)    Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall proceed only upon exercising due care.
   (c)    No such crossing shall be made when warning is given by automatic signal or crossing gates, or a flagman or otherwise, of the immediate approach of a railroad train or car.
   (d)    In the event the normal sustained speed of such vehicle, equipment or structure is not more than three miles per hour, the person owning, operating or moving the same shall also give notice of such intended crossing to a station agent or superintendent of such railroad, and a reasonable time shall be given to such railroad to provide proper protection for such crossing. Where such vehicles or equipment are being used in constructing or repairing a section of street lying on both sides of a railroad grade crossing, and in such construction or repair it is necessary to repeatedly move such vehicles or equipment over such crossing, one daily notice specifying when such work will start and the hours during which it will be prosecuted shall be sufficient.
(ORC 4511.64; Ord. 7-83. Passed 3-21-83.)
331.43 OBSTRUCTION AND INTERFERENCE AFFECTING VIEW AND CONTROL OF DRIVER.
   (a)    No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle.
   (b)    No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
   (c)    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.
(ORC 4511.70; Ord. 7-83. Passed 3-21-83.)
331.44 DRIVING UPON SIDEWALKS, STREET LAWNS OR CURBS.
   (a)   (1)   No person shall drive any vehicle, other than a bicycle or an electric bicycle if the motor is not engaged, upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
      (2)    This prohibition does not apply to a law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, using an electric bicycle with the motor engaged while in the performance of the officer’s duties.
      (3)    Nothing in this section shall be construed as prohibiting local authorities from regulating the operation of bicycles or electric bicycles, except that no local authority may require that bicycles or electric bicycles be operated on sidewalks. (ORC 4511.711(A))
   (b)   No person shall drive a vehicle on a street lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized.
   (c)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.711)
331.45 OBSTRUCTING PASSAGE OF OTHER VEHICLES.
   (a)   No driver shall enter an intersection or marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians or railroad trains, notwithstanding any traffic control signal indication to proceed. (Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.712)
331.46 DRIVING UPON STREET WHILE IN PROCESS OF CONSTRUCTION.
   No person shall drive upon, along or across a street or highway, or any part thereof, which has been closed in the process of its construction, reconstruction or repair, and posted with appropriate signs by the authority having jurisdiction to close such street or highway.
(ORC 4511.71; Ord. 7-83. Passed 3-21-83.)
331.47 FOLLOWING OR PARKING NEAR EMERGENCY OR SAFETY VEHICLE.
   (a)   The driver of any vehicle, other than an emergency vehicle or public safety vehicle on official business, shall not follow any emergency vehicle or public safety vehicle traveling in response to an alarm closer than 500 feet, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a police officer or a firefighter.
   (b)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.72)
331.48 DRIVING OVER UNPROTECTED FIRE HOSE.
   (a)   No vehicle shall without consent of the Fire Department official in command be driven over any unprotected hose of the Fire Department when such hose is laid down on any street or private driveway to be used at any fire or alarm of fire. (Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.73)
331.49 STOPPING FOR SCHOOL BUS; DISCHARGING CHILDREN.
   (a)   The driver of a vehicle upon meeting or overtaking from either direction any school bus stopped for the purpose of receiving or discharging any school child, person attending programs offered by community boards of mental health and County boards of developmental disabilities, or child attending a program offered by a head start agency, shall stop at least ten feet from the front or rear of the school bus and shall not proceed until such school bus resumes motion, or until signaled by the school bus driver to proceed.
   It is no defense to a charge under this subsection (a) hereof that the school bus involved failed to display or be equipped with an automatically extended stop warning sign as required by subsection (b) hereof.
 
   (b)   Every school bus shall be equipped with amber and red visual signals meeting the requirements of Ohio R.C. 4511.771, or a substantially equivalent municipal ordinance, and an automatically extended stop warning sign of a type approved by the Ohio Department of Education and Workforce, which shall be actuated by the driver of the bus whenever but only whenever the bus is stopped or stopping on the roadway for the purpose of receiving or discharging school children, persons attending programs offered by community boards of mental health and County boards of developmental disabilities, or children attending programs offered by head start agencies. A school bus driver shall not actuate the visual signals or the stop warning sign in designated school bus loading areas where the bus is entirely off the roadway or at school buildings when children or persons attending programs offered by community boards of mental health and County boards of developmental disabilities are loading or unloading at curbside or at buildings when children attending programs offered by head start agencies are loading or unloading at curbside. The visual signals and stop warning sign shall be synchronized or otherwise operated as required by rule of the Ohio Administrative Code.
 
   (c)   Where a highway has been divided into four or more traffic lanes, a driver of a vehicle need not stop for a school bus approaching from the opposite direction which has stopped for the purpose of receiving or discharging any school child, persons attending programs offered by community boards of mental health and County boards of developmental disabilities, or children attending programs offered by head start agencies. The driver of any vehicle overtaking the school bus shall comply with subsection (a) hereof.
 
   (d)   School buses operating on divided highways or on highways with four or more traffic lanes shall receive and discharge all school children, persons attending programs offered by community boards of mental health and County boards of developmental disabilities, and children attending programs offered by head start agencies on their residence side of the highway.
 
   (e)   No school bus driver shall start the driver's bus until after any child, person attending programs offered by community boards of mental health and County boards of developmental disabilities, or child attending a program offered by a head start agency who may have alighted therefrom has reached a place of safety on the child or person's residence side of the road.
   (f)   As used in this section:
      (1)   “Head start agency” has the same meaning as in Ohio R.C. 3301.32.
      (2)   “School bus”, as used in relation to children who attend a program offered by a head start agency, means a bus that is owned and operated by a head start agency, is equipped with an automatically extended stop warning sign of a type approved by the Ohio Department of Education and Workforce, is painted the color and displays the markings described in Ohio R.C. 4511.77, and is equipped with amber and red visual signals meeting the requirements of Ohio R.C. 4511.77, irrespective of whether or not the bus has fifteen or more children aboard at any time. “School bus” does not include a van owned and operated by a head start agency, irrespective of its color, lights, or markings, or a multifunction school activity bus.
   (g)   (1)   Whoever violates subsection (a) of this section may be fined an amount not to exceed five hundred dollars ($500.00). A person who is issued a citation for a violation of subsection (a) of this section is not permitted to enter a written plea of guilty and waive the person's right to contest the citation in a trial but instead must appear in person in the proper court to answer the charge.
      (2)   In addition to and independent of any other penalty provided by law, the court or mayor may impose upon an offender who violates this section a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (a)(7) of Ohio R.C. 4510.02. When a license is suspended under this section, the court or mayor shall cause the offender to deliver the license to the court, and the court or clerk of the court immediately shall forward the license to the Registrar of Motor Vehicles, together with notice of the court's action.
(ORC 4511.75)
331.491 SLOW-MOVING VEHICLES OR EQUIPMENT CROSSING RAILROAD TRACKS.
   (a)   Definition. As used in this section, "license plate" includes, but is not limited to, any temporary motor vehicle license registration issued under Ohio R.C. 4503.182 or similar law of another jurisdiction.
   (b)   Report by School Bus Driver. When the operator of a school bus believes that a motorist has violated Section 331.38(a), the operator shall report the license plate number and a general description of the vehicle and of the operator of the vehicle to the law enforcement agency exercising jurisdiction over the area where the alleged violation occurred. The information contained in the report relating to the license plate number and to the general description of the vehicle and the operator of the vehicle at the time of the alleged violation may be supplied by any person with first-hand knowledge of the information. Information of which the operator of the school bus has first-hand knowledge also may be corroborated by any other person.
   (c)   Investigation. Upon receipt of the report of the alleged violation of Section 331.38(a), the law enforcement agency shall conduct an investigation to attempt to determine or confirm the identity of the operator of the vehicle at the time of the alleged violation. If the identity of the operator at the time of the alleged violation is established, the reporting of the license plate number of the vehicle shall establish probable cause for the law enforcement agency to issue a citation for the violation of Section 331.38(a). However, if the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the law enforcement agency shall issue a warning to the owner of the vehicle at the time of the alleged violation, except in the case of a leased or rented vehicle when the warning shall be issued to the lessee at the time of the alleged violation. (ORC 4511.751)
331.50 APPROACHING A STATIONARY PUBLIC SAFETY, EMERGENCY OR ROAD SERVICE VEHICLE.
   (a)   The driver of a motor vehicle, upon approaching a stationary public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the Public Utilities Commission to conduct motor vehicle inspections in accordance with Ohio R.C. 4923.04 and 4923.06 or a highway maintenance vehicle that is displaying the appropriate visual signals by means of flashing, oscillating or rotating lights, as prescribed in Section 333.17, shall do either of the following:
      (1)   If the driver of the motor vehicle is traveling on a street or highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver’s motor vehicle, the driver shall proceed with due caution and, if possible with due regard to the road, weather, and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the Public Utilities Commission to conduct motor vehicle inspections in accordance with Ohio R.C. 4923.04 and 4923.06 or a highway maintenance vehicle.
      (2)   If the driver is not traveling on a street or highway of a type described in subsection (a)(1) of this section, or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle, and maintain a safe speed for the road, weather and traffic conditions.
   (b)   This section does not relieve the driver of a public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the Public Utilities Commission to conduct motor vehicle inspections in accordance with Ohio R.C. 4923.04 and 4923.06, or a highway maintenance vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.
   (c)   No person shall fail to drive a motor vehicle in compliance with subsection (a)(1) or (2) of this section when so required by subsection (a) of this section.
   (d)   (1)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
      (2)   Notwithstanding Section 303.99(b), upon a finding that a person operated a motor vehicle in violation of subsection (c) of this section, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation.
      (3)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
   (e)   The offense established under this section is a strict liability offense and Ohio R.C. 2901.20 does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense. (ORC 4511.213)
331.51 ELECTRONIC WIRELESS COMMUNICATION DEVICE USE PROHIBITED WHILE DRIVING.
   (a)   No person shall operate a motor vehicle on any street, highway, or property open to the public for vehicular traffic while using, holding, or physically supporting with any part of the person’s body an electronic wireless communications device.
   (b)   Subsection (a) of this section does not apply to any of the following:
      (1)   A person using an electronic wireless communications device to make contact, for emergency purposes, with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity.
      (2)   A person driving a public safety vehicle while using an electronic wireless communications device in the course of the person’s duties.
      (3)   A person using an electronic wireless communications device when the person’s motor vehicle is in a stationary position and is outside a lane of travel, at a highway traffic signal that is currently directing traffic to stop, or parked on a road or highway due to an emergency or road closure;
      (4)   A person using and holding an electronic wireless communications device directly near the person’s ear for the purpose of making, receiving, or conducting a telephone call, provided that the person does not manually enter letters, numbers, or symbols into the device;
      (5)   A person receiving wireless messages on an electronic wireless communications device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle, provided that the person does not hold or support the device with any part of the person’s body;
      (6)   A person using the speaker phone function of the electronic wireless communications device, provided that the person does not hold or support the device with any part of the person’s body;
      (7)   A person using an electronic wireless communications device for navigation purposes, provided that the person does not do either of the following during the use:
         A.   Manually enter letters, numbers, or symbols into the device;
         B.   Hold or support the device with any part of the person’s body;
      (8)   A person using a feature or function of the electronic wireless communications device with a single touch or single swipe, provided that the person does not do either of the following during the use:
         A.   Manually enter letters, numbers, or symbols into the device;
         B.   Hold or support the device wtih any part of the person’s body;
      (9)   A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
      (10)   A person operating a utilty service vehicle or a vehicle for or on behalf of a utility, if the person is acting in response to an emergency, power outage, or circumstance that affects the health or safety of individuals;
      (11)   A person using an electronic wireless communications device in conjunction with a voice-operated or hands-free feature or function of the vehicle or of the device without the use of either hand except to activate, deactivate, or initiate the feature or function with a single touch or swipe, provided the person does not hold or support the device with any part of the person’s body;
      (12)   A person using technology that physically or electronically integrates the device into the motor vehicle, provided that the person does not do either of the following during the use:
         A.   Manually enter letters, numbers, or symbols into the device;
         B.   Hold or support the device with any part of the person’s body;
      (13)   A person storing an electronic wireless communications device in a holster, harness, or article of clothing on the person’s body.
   (c)   If a law enforcement officer issues an offender a ticket, citation or summons for a violation of subsection (a) of this section, the officer shall do both of the following:
      (1)   Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;
      (2)   Ensure that such report indicates the offender’s race.
   (d)   Whoever violates subsection (a) of this section is guilty of operating a motor vehicle while using an electronic wireless communication device, an unclassified misdemeanor, and shall be punished as provided in subsections (d)(1) to (5) of this section.
      (1)   The offender shall be fined, and is subject to a suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, as follows:
         A.   Except as provided in subsections (d)(1)B., (d)(1)C., (d)(1)D. and (d)(2) of this section, the court shall impose upon the offender a fine of not more than one hundred fifty dollars ($150.00).
         B.   If, within two years of the violation, the offender has been convicted of or pleaded guilty to one prior violation of this section, Ohio R.C. 4511.204, or a substantially equivalent municipal ordinance, the court shall impose upon the offender a fine of not more than two hundred fifty dollars ($250.00).
         C.   If, within two years of the violation, the offender has been convicted of or pleaded guilty to two or more prior violations of this section, Ohio R.C. 4511.204, or a substantially equivalent or municipal ordinance, the court shall impose upon the offender a fine of not more than five hundred dollars ($500.00). The court also may impose a suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege for ninety days.
         D.   Notwithstanding subsections (d)(1)A. to (d)(1)C. of this section, if the offender was operating the motor vehicle at the time of the violation in a construction zone where a sign was posted in accordance with Ohio R.C. 4511.98, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two times the amount imposed for the violation under subsections (d)(1)A., (d)(1)B., or (d)(1)C. of this section, as applicable.
      (2)   If the offender is in the category of offenders to whom subsection (d)(1)A of this section applies, in lieu of payment of the fine of one hundred fifty dollars ($150.00) under subsection (d)(1)A. of this section and the assessment of points under subsection (d)(4) of this section, the offender instead may elect to attend the distracted driving safety course, as described in Section 303.991. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall not be required to pay the fine and shall not have the points assessed against that offender’s driver’s license if the offender submits the written
evidence to the court. This subsection does not apply with respect to any offender in the category of offenders to whom subsection (d)(1)B., C., or D. of this section applies.
      (3)   The court may impose any other penalty authorized under Ohio R.C. 2929.21 to 2929.28. However, the court shall not impose a fine or a suspension not otherwise specified in subsection (d)(1) of this section. The court also shall not impose a jail term or community residential sanction.
      (4)   Except as provided in subsection (d)(2) of this section, points shall be assessed for a violation of subsection (a) of this section in accordance with Ohio R.C. 4510.036.
      (5)   The offense established under this section is a strict liability offense and Ohio R.C. 2901.20 does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
   (e)   A prosecution for an offense in violation of this section does not preclude a prosecution for an offense in violation of Ohio R.C. 4511.204 based on the same conduct. However, the two offenses are allied offenses of similar import under Ohio R.C. 2941.25.
   (f)   (1)   A law enforcement officer does not have probable cause and shall not stop the operator of a motor vehicle for the purposes of enforcing this section unless the officer visually observes the operator using, holding, or physically supporting with any part of the person’s body the electronic wireless communications device.
      (2)   A law enforcement officer who stops the operator of a motor vehicle for a violation of subsection (a) of this section shall inform the operator that the operator may decline a search of the operator’s electronic wireless communications device. The officer shall not do any of the following:
         A.   Access the device without a warrant unless the operator voluntarily and unequivocally gives consent for the officer to access the device;
         B.   Confiscate the device while awaiting the issuance of a warrant to access the device;
         C.   Obtain consent from the operator to access the device through coercion or any other improper means. Any consent by the operator to access the device shall be voluntary and unequivocal before the officer may access the device without a warrant.
   (g)   As used in this section:
      (1)   “Electronic wireless communications device”, includes any of the following:
         A.   A wireless telephone;
         B.   A text-messaging device;
         C.   A personal digital assistant;
         D.   A computer, including a laptop computer and a computer tablet;
         E.   Any device capable of displaying a video, movie, broadcast television image, or visual image;
         F.   Any other substantially similar wireless device that is designed or used to communicate text, initiate or receive communication, or exchange information or data.
An “electronic wireless communications device” does not include a two-way radio transmitter or receiver used by a person who is licensed by the federal communications commission to participate in the amateur radio service.
      (2)   “Utility” means an entity specified in Ohio R.C. 4905.03(A), (C), (D), (E) or (G).
      (3)   “Utility service vehicle” means a vehicle owned or operated by a utility.
      (4)   “Voice-operated or hands-free feature or function” means a feature or function that allows a person to use an electronic wireless communications device without the use of either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.
         (ORC 4511.204)
331.52 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICE BY PERSONS UNDER EIGHTEEN YEARS OF AGE.
   (a)   No holder of a temporary instruction permit who has not attained the age of eighteen years and no holder of a probationary driver's license shall drive a motor vehicle on any street, highway, or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device.
   (b)   Subsection (a) of this section does not apply to either of the following:
      (1)   A person using an electronic wireless communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
      (2)   A person using an electronic wireless communications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel;
      (3)   A person using a navigation device in a voice-operated or hands-free manner who does not manipulate the device while driving.
   (c)   (1)   Except as provided in subsection (c)(2) of this section, whoever violates subsection (a) of this section shall be fined one hundred fifty dollars ($150.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of sixty days.
      (2)   If the person previously has been adjudicated a delinquent child or a juvenile traffic offender for a violation of this section, whoever violates this section shall be fined three hundred dollars ($300.00). In addition, the court shall impose a class seven suspension of the person's driver's license or permit for a definite period of one year.
   (d)   The filing of a sworn complaint against a person for a violation of Ohio R.C. 4511.205 does not preclude the filing of a sworn complaint for a violation of a substantially equivalent municipal ordinance for the same conduct. However, if a person is adjudicated a delinquent child or a juvenile traffic offender for a violation of Ohio R.C. 4511.205 and is also adjudicated a delinquent child or a juvenile traffic offender for a violation of a substantially equivalent municipal ordinance for the same conduct, the two offenses are allied offenses of similar import under Ohio R.C. 2941.25.
   (e)   As used in this section, "electronic wireless communications device" includes any of the following:
      (1)   A wireless telephone;
      (2)   A personal digital assistant;
      (3)   A computer, including a laptop computer and a computer tablet;
      (4)   A text-messaging device;
      (5)   Any other substantially similar electronic wireless device that is designed or used to communicate via voice, image, or written word.
(ORC 4511.205)
331.53 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.
   (a)   No person shall operate a vehicle on or onto a public street or highway that is temporarily covered by a rise in water level, including groundwater or an overflow of water, and that is clearly marked by a sign that specifies that the road is closed due to the rise in water level and that any person who uses the closed portion of the road may be fined up to two thousand dollars ($2,000).
   (b)   A person who is issued a citation for a violation of subsection (a) hereof is not permitted to enter a written plea of guilty and waive the person’s right to contest the citation in court, but instead must appear in person in the proper court to answer the charge.
   (c)   (1)   Whoever violates subsection (a) hereof is guilty of a minor misdemeanor.
      (2)   In addition to the financial sanctions authorized or required under Section 501.99 and to any costs otherwise authorized or required under any provision of law, the court imposing the sentence upon an offender who is convicted of or pleads guilty to a violation of subsection (a) hereof shall order the offender to reimburse one or more rescuers for the cost any such rescurer incurred in rescuing the person, excluding any cost of transporting the rescued person to a hospital or other facility for treatment of injuries, up to a cumulative maximum of two thousand dollars ($2,000). If more than one rescuer was involved in the emergency response, the court shall allocate the reimbursement proportionately, according to the cost each rescuer incurred. A financial sanction imposed under this section is a judgment in favor of the rescuer and, subject to a determination of indigency under division (B) of Ohio R.C. 2929.28, a rescuer may collect the financial sanction in the same manner as provided in Ohio R.C. 2929.28.
   (d)   As used in this section:
      (1)   “Emergency medical service organization”, “firefighting agency” and “private fire company” have the same meanings as in Ohio R.C. 9.60.
      (2)   “Rescuer” means a state agency, political subdivision, firefighting service, private fire company, or emergency medical service organization.
         (ORC 4511.714.)
331.54 WEARING EARPLUGS OR EARPHONES PROHIBITED.
   (a)   As used in this section:
(1)   “Earphones” means any device that covers all or a portion of both ears and that does either of the following:
A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
B.   Provides hearing protection.
“Earphones” does not include speakers or other listening devices that are built into protective headgear.
(2)   “Earplugs” means any device that can be inserted into one or both ears and that does either of the following:
A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
B.   Provides hearing protection.
   (b)   No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.
   (c)   This section does not apply to:
(1)   Any person wearing a hearing aid;
(2)   Law enforcement personnel while on duty;
(3)   Fire Department personnel and emergency medical service personnel while on duty;
(4)   Any person engaged in the operation of equipment for use in the maintenance or repair of any highway;
(5)   Any person engaged in the operation of refuse collection equipment;
(6)   Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.
   (d)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.84)
331.55 RESTRICTIONS ON THE OPERATION OF SCHOOL BUSES.
   (a)   No person shall operate a vehicle used for pupil transportation within this Municipality in violation of the rules of the Ohio Department of Education and Workforce or the Ohio Department of Public Safety. No person, being the owner thereof, or having the supervisory responsibility therefor, shall permit the operation of a vehicle used for pupil transportation within this Municipality in violation of the rules of the Ohio Department of Education and Workforce or the Ohio Department of Public Safety.
   (b)   As used in this section, “vehicle used for pupil transportation” means any vehicle that is identified as such by the Ohio Department of Education and Workforce by rule and that is subject to O.A.C. Chapter 3301-83.
   (c)    Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or Ohio R.C. 4511.76, or Ohio R.C. 4511.63, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree. (ORC 4511.76(C), (I)(2), (J)))
331.99 PENALTY.
   (EDITOR’S NOTE: See Section 303.99 for general Code penalty if no specific penalty is provided.)
333.01 DRIVING VEHICLES IN UNSAFE CONDITION.
   (a)   No person shall drive or move, or cause or knowingly permit to be driven or moved, on any street any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person.
   (b)   The provisions of this Code with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or agricultural tractors, except as herein made applicable to such articles of machinery.
(ORC 4513.02; Ord. 7-83. Passed 3-21-83.)
333.02 BUMPERS ON MOTOR VEHICLES.
   No person shall operate upon any street or highway any motor vehicle that:
   (a)    Was originally equipped with bumpers as standard equipment, unless the vehicle is equipped with bumpers equal to the original equipment when so operated;
   (b)    Has a suspension system or body so modified that the height of any bumper on the vehicle varies more than three inches from the original manufactured bumper height for the vehicle.
(ORC 4513.021; Ord. 7-83. Passed 3-21-83.)
333.03 LIGHTED LIGHTS; MEASUREMENT OF DISTANCES AND HEIGHTS.
   (a)   Every vehicle, other than a motorized bicycle, operated upon a street or highway shall display lighted lights and illuminating devices as required by this chapter during all of the following times:
      (1)   The time from sunset to sunrise;
      (2)   At any other time when, due to insufficient natural light or unfavorable atmospheric conditions, persons, vehicles, and substantial objects on the street or highway are not discernible at a distance of one thousand feet ahead;
      (3)   At any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield.
   Every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the Ohio Director of Public Safety under Ohio R.C. 4511.521. No motor vehicle, during any time specified in this section, shall be operated upon a street or highway using only parking lights as illumination.
 
   (b)   Whenever in this chapter a requirement is declared as to the distance from which certain lights and devices shall render objects visible, or within which such lights or devices shall be visible, such distance shall be measured upon a straight level unlighted street under normal atmospheric conditions unless a different condition is expressly stated.
 
   (c)   Whenever in this chapter a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands.
 
   (d)   Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause the operator of a vehicle being operated upon a street or highway to stop the vehicle solely because the officer observes that a violation of subsection (a)(3) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for a violation of that subsection, or causing the arrest of or commencing a prosecution of a person for a violation of that subsection.
(ORC 4513.03)
333.04 HEADLIGHTS ON VEHICLES AND MOTORCYCLES.
   (a)    Every motor vehicle, other than a motorcycle, shall be equipped with at least two headlights with at least one near each side of the front of the motor vehicle.
   (b)    Every motorcycle or motor scooter shall be equipped with at least one and not more than two headlights. (ORC 4513.04; Ord. 7-83. Passed 3-21-83.)
333.05 TAILLIGHT REGULATIONS; LICENSE PLATES VISIBLE.
   (a)    Every motor vehicle, trailer, semitrailer, pole trailer or any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one taillight mounted on the rear which, when lighted as hereinbefore required, shall emit a red light visible from a distance of 500 feet to the rear, provided that in the case of a train of vehicles only the taillight on the rearmost vehicle need be visible from the distance specified.
   (b)    Either a taillight or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate, when such registration plate is required, and render it legible from a distance of fifty feet to the rear. Any taillight or taillights, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlights or auxiliary driving lights are lighted, except where separate lighting systems are provided for trailers for the purpose of illuminating such registration plate.
(ORC 4513.05; Ord. 7-83. Passed 3-21-83.)
333.06 RED REFLECTORS ON REAR OF VEHICLES.
   (a)    Every new motor vehicle hereafter sold and operated upon a street, other than a commercial tractor, to which a trailer or semitrailer is attached, shall carry at the rear, either as a part of the taillights or separately, two red reflectors meeting the requirements of this Code, except that vehicles of the type mentioned in Ohio R.C. 4513.07 shall be equipped with reflectors as required by the regulations provided for in such section.
   (b)    Every such reflector shall be of such size and characteristics and so maintained as to be visible at night from all distances within 300 feet to fifty feet from such vehicle.
(ORC 4513.06; Ord. 7-83. Passed 3-21-83.)
333.07 STOP LIGHT REGULATIONS.
   (a)   (1)   Every motor vehicle, trailer, semitrailer, and pole trailer when operated upon a street or highway shall be equipped with two or more stop lights, except that passenger cars manufactured or assembled prior to January 1, 1967, motorcycles, and motor-driven cycles shall be equipped with at least one stop light. Stop lights shall be mounted on the rear of the vehicle, actuated upon application of the service brake, and may be incorporated with other rear lights. Such stop lights when actuated shall emit a red light visible from a distance of five hundred feet to the rear, provided that in the case of a train of vehicles only the stop lights on the rear-most vehicle need be visible from the distance specified.
      (2)   Such stop lights when actuated shall give a steady warning light to the rear of a vehicle or train of vehicles to indicate the intention of the operator to diminish the speed of or stop a vehicle or train of vehicles.
      (3)   When stop lights are used as required by this section, they shall be constructed or installed so as to provide adequate and reliable illumination and shall conform to the appropriate rules and regulations established under Ohio R.C. 4513.19.
      (4)   A historical motor vehicle that was not originally manufactured with stop lights or a replica motor vehicle that replicates a motor vehicle that was not originally manufactured with stop lights is not subject to this section.
333.08 LIGHTS ON VEHICLES IN COMBINATION.
   Whenever motor and other vehicles are operated in combination during the time that lights are required, any light, except taillights, which by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination, need not be lighted but this section does not affect the requirement that lighted clearance lights be displayed on the front of the foremost vehicle required to have clearance lights, or that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
(ORC 4513.08; Ord. 7-83. Passed 3-21-83.)
333.09 RED FLAG OR RED LIGHT ON EXTENDED LOAD.
   Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Section 333.03, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than sixteen inches square.
(ORC 4513.09; Ord. 7-83. Passed 3-21-83.)
333.10 LIGHT ON PARKED OR STOPPED VEHICLE.
   Except in case of an emergency, whenever a vehicle is parked or stopped upon a roadway open to traffic, or shoulder adjacent thereto, whether attended or unattended during the times mentioned in Section 333.03, such vehicle shall be equipped with one or more lights which shall exhibit a white or amber light on the roadway side visible from a distance of 500 to the front of such vehicle, and a red light visible from a distance of 500 feet to the rear. No lights need be displayed upon any such vehicle when stopped or parked within the City where there is sufficient light to reveal any person or substantial object within a distance of 500 feet upon such street. Any lighted headlights upon a parked vehicle shall be depressed or dimmed.
(ORC 4513.10; Ord. 7-83. Passed 3-21-83.)
333.11 LIGHTS
   (a)   Definitions. As used in this section:
      (1)   BOAT TRAILER. Means any vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
      (2)   SLOW-MOVING VEHICLE and SMV. Mean a boat trailer, unit of farm machinery, road construction machinery, or other machinery designed by the manufacturer to operate at a speed of twenty-five miles per hour or less. The term does not include a bicycle, motorized bicycle, electric bicycle, or animal-drawn vehicle. (ORC 4513.11)
   (b)   Generally.
      (1)   At the times specified in Ohio R.C. 4513.03, no person shall operate either of the following vehicles unless it is equipped with and displays the lamps described in subsection (b)(2) of this section.
         A.   A vehicle not specifically required to be equipped with lamps or other lighting devices by Ohio R.C. 4513.03 to 4513.10;
         B.   A vehicle referred to in Ohio R.C. 4513.02(G).
      (2)   Vehicles described in subsection (b)(1) of this section shall be equipped with both of the following:
         A.   At least one lamp displaying a white light visible from a distance of not less than 1,000 feet to the front of the vehicle;
         B.   Two lamps displaying red light visible from a distance of not less than 1,000 feet to the rear of the vehicle, or as an alternative, one lamp displaying a red light visible from a distance of not less than 1,000 feet to the rear and two red reflectors visible from all distances of 600 feet to 100 feet to the rear when illuminated by the lawful lower beams of headlamps.
      (3)   A.   At the times specified in Ohio R.C. 4513.03, no person shall operate a multi-wheel agricultural tractor model year 2001 or earlier on a street or highway unless it is equipped with and displays reflectors and illuminated amber lamps so that the extreme left and right projections of the tractor are indicated by all of the following:
            1.   Flashing lamps displaying amber light, visible to the front and the rear. The lamps need not flash simultaneously and need not flash in conjunction with any directional signals of the tractor;
            2.   Amber reflectors, all visible to the front;
            3.   Red reflectors, all visible to the rear.
         B.   Rules adopted by the Ohio Director of Public Safety under Ohio R.C. 4513.111 governing the lamps and reflectors described in subsection (b)(3)A. of this section and their placement correlate with and, as far as possible, conform with paragraphs 4.1.4.1, 4.1.7.1 and 4.1.7.2 respectively of the American Society of Agricultural Engineers Standard ANSI/ASAE S279.10 OCT98, Lighting and Marking of Agricultural Equipment on Highways.
      (4)   At the times specified in Ohio R.C. 4513.03, no person shall operate a unit of farm machinery model year 2002 or later on a street or highway unless it is equipped with and displays markings and illuminated lamps that meet or exceed the lighting, illumination and marking standards and specifications that are applicable to that type of farm machinery for the unit’s model year specified in the American Society of Agricultural Engineers Standard ANSI/ASAE S279.10 OCT 98, lighting and marking of agricultural equipment on highways.
      (5)   Any unit of farm machinery designed by its manufacturer to operate at a speed of twenty-five miles per hour or greater or any SMV may be equipped with and display a red flashing light that is visible from a distance of not less than 1,000 feet to the rear at all times specified in Ohio R.C. 4513.03. When a double-faced light is used, it shall display amber light to the front and red light to the rear.
      (6)   Lights and reflectors required under subsections (b)(3) and (b)(4) of this section and authorized under subsection (b)(5) of this section are in addition to other lights required or permitted by this subsection (b) or Ohio R.C. 4513.17.
      (7)   The Ohio Director of Public Safety shall adopt rules in accordance with Ohio R.C. Chapter 119 Code that establish standards and specifications for lamps and reflectors required or authorized by this section. Lamps and reflectors required or authorized by this section shall meet those standards and specifications.
      (8)   This subsection (b) does not apply to a bicycle, motorized bicycle, electric bicycle, or animal-drawn vehicle.
      (9)   Whoever violates this subsection (b) is guilty of a minor misdemeanor.
         (ORC 4513.111)
   (c)   Slow-Moving Vehicles.
      (1)   Except as otherwise provided in this section, no person shall operate an SMV on a street or highway as follows:
         A.   At a speed exceeding twenty-five miles per hour;
         B.   Without displaying the triangular SMV emblem mounted in accordance with subsection (c)(2) of this section.
      (2)   The SMV emblem shall be mounted so as to be visible from a distance of not less than 500 feet to the rear. In accordance with Ohio R.C. Chapter 119, the Ohio Director of Public Safety shall adopt standards and specifications for the design and position of mounting the SMV emblem. The standards and specifications for the SMV emblem correlate with and, so far as possible, conform with those approved by the American Society of Agricultural Engineers.
      (3)   A person may operate an SMV on a street or highway without displaying the triangular SMV emblem when any of the following apply:
         A.   The SMV is being used in actual construction and maintenance work in an area guarded by a flagperson, or where flares are used;
         B.   The SMV is operating or traveling within the limits of a construction area designated by the Ohio Director of Transportation, a city engineer, or the county engineer of the several counties, when such construction area is marked in accordance with requirements of the Ohio Director of Transportation and the Manual of Uniform Traffic Control Devices, as set forth in Ohio R.C. 4511.09.
      (4)   No person shall display an SMV emblem on any of the following:
         A.   Any vehicle not required to use the SMV emblem by this subsection (c) or Ohio R.C. 4513.113 or 4513.114;
         B.   An SMV being transported upon any other vehicle;
         C.   Any stationary object on the highway.
      (5)   No person shall sell, lease, rent or operate an SMV, except a unit designed to be completely mounted on a primary power unit that is manufactured or assembled on or after April 1, 1966, unless it is equipped with an SMV emblem mounting device.
      (6)   Whoever violates subsection (c) is guilty of a minor misdemeanor.
         (ORC 4513.112)
   (d)   Farm Machinery and Agricultural Tractors.
      (1)   No person shall sell, lease, rent or operate on a street or highway any unit of farm machinery that is designed by its manufacturer to operate at a speed greater than twenty-five miles per hour unless the unit displays both of the following:
         A.   The SMV emblem mounted in accordance with Ohio R.C. 4513.112(B);
         B.   A speed identification symbol that does both of the following:
            1.   Meets the specifications contained in the American Society of Agricultural Engineers Standard ANSI/ASAE S584 JAN2005, Agricultural Equipment: Speed Identification Symbol (SIS);
            2.   Indicates the maximum speed in miles per hour at which the unit of farm machinery is designed by its manufacturer to operate;
      (2)   No person operating a tractor on a street or highway that is designed by its manufacturer to operate at a speed greater than twenty-five miles per hour and that is towing, pulling or otherwise drawing a unit of farm machinery while operating at a speed greater than twenty-five milers per hour shall fail to display both of the following on the unit of farm machinery;
         A.   The SMV emblem;
         B.   The speed identification symbol that matches the speed identification symbol required to be displayed on the agricultural tractor;
      (3)   No person shall operate an agricultural tractor that is designed by its manufacturer to operate at a speed greater than twenty-five miles per hour unless the person possesses documentation published or provided by the manufacturer indicating the maximum speed in miles per hour at which the manufacturer designed the agricultural tractor to operate;
      (4)   Whoever violates this subsection (d) is guilty of a minor misdemeanor.
         (ORC 4513.113)
   (e)   Animal-Drawn Vehicles.
      (1)   Except as otherwise provided in subsection (e)(4) of this section, no person shall operate an animal-drawn vehicle on a street or highway unless it is equipped with and displays, at the times specified in Ohio R.C. 4513.03, both of the following:
         A.   At least one lamp displaying a white light visible from a distance of not less than 1,000 feet to the front of the animal-drawn vehicle;
         B.   Two lamps displaying red light visible from a distance of not less than 1,000 feet to the rear of the animal-drawn vehicle, or as an alternative, one lamp displaying a red light visible from a distance of not less than 1,000 feet to the rear and two red reflectors visible from all distances of 600 feet to one hundred feet to the rear when illuminated by the lawful lower beams of headlamps.
      (2)   Except as otherwise provided in subsection (e)(4) of this section, no person shall operate an animal-drawn vehicle on a street or highway unless it is equipped with and displays, at all times, all of the following:
         A.   One yellow flashing lamp displaying yellow light that is visible from a distance of not less than 1,000 feet and that is mounted in either of the following positions:
            1.   On the top most portion of the rear of the animal-drawn vehicle;
            2.   On the top of the animal-drawn vehicle;
         B.   At least one of the following:
            1.   An SMV emblem mounted in accordance with Ohio R.C. 4513.112(B);
            2.   Micro-prism reflective tape that is visible from a distance of not less than 500 feet to the rear when illuminated by the lawful lower beams of headlamps;
            3.   Both an SMV emblem and micro-prism reflective tape, as specified in this division.
         C.   Lamps and micro-prism reflective tape required by this section shall meet standards and specifications adopted by the Ohio Director of Public Safety under Ohio R.C. 4513.114.
      (3)   The Ohio Director of Public Safety, in accordance with Ohio R.C. Chapter 119, shall adopt rules establishing standards and specifications for the position and mounting of the lamps and micro-prism reflective tape required by Ohio R.C. 4513.114. The rules permit the micro-prism reflective tape to be red, amber, white, or silver in color.
      (4)   A.   Subsections (e)(1) and (e)(2) of this section do not apply to the operator of animal-drawn agricultural equipment who is not transporting any livestock or a person other than the operator.
         B.   No operator described in subsection (e)(4)A. of this section shall operate animal-drawn agricultural equipment unless it is equipped with and displays, at all times, the SMV emblem mounted in accordance with Ohio R.C. 4513.112(B).
         C.   As used in subsection (e)(4) of this section, “animal-drawn agricultural equipment” means equipment drawn by the muscular power of an animal that is used solely for agricultural purposes. “Animal-drawn agricultural equipment” includes any of the following:
            1.   A plow;
            2.   A manure spreader;
            3.   A thresher.
      (5)   Whoever violates this subsection (e) is guilty of a minor misdemeanor.
         (ORC 4513.114)
   (f)   Strict Liability Offenses. The offenses established under this section are strict liability offenses, and Ohio R.C. 2901.20 does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(ORC 4513.115)
333.12 SPOTLIGHTS AND AUXILIARY LIGHTS; NUMBER AND MANNER OF USE.
   (a)   Any motor vehicle may be equipped with not more than one spotlight, and every lighted spotlight shall be so aimed and used upon approaching another vehicle that no part of the high-tensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle.
   (b)   Any motor vehicle may be equipped with not more than three auxiliary driving lights mounted on the front of the vehicle.
(ORC 4513.12; Ord. 7-83. Passed 3-21-83.)
333.13 COWL, FENDER AND BACK-UP LIGHTS.
   (a)   Any motor vehicle may be equipped with side cowl or fender lights which shall emit a white or amber light without glare.
   (b)   Any motor vehicle may be equipped with lights on each side thereof which shall emit a white or amber light without glare.
   (c)   Any motor vehicle may be equipped with back-up lights either separately or in combination with another light, except that no such back-up lights shall be continuously lighted when the motor vehicle is in forward motion.
(ORC 4513.13; Ord. 7-83. Passed 3-21-83.)
333.14 NUMBER OF LIGHTS.
   At all times mentioned in Section 333.03, at least two lighted lights shall be displayed, one near each side of the front of every motor vehicle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.
(ORC 4513.14; Ord. 7-83. Passed 3-21-83.)
333.15 USE OF HEADLIGHT BEAMS.
   Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 333.03, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons, vehicles and substantial objects at a safe distance in advance of the vehicle, subject to the following requirements:
   (a)   Whenever the driver of a vehicle approaches an oncoming vehicle, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver.
   (b)   Every new motor vehicle registered in this State, which has multiple-beam road lighting equipment shall be equipped with a beam indicator which shall be lighted whenever the uppermost distribution of light from the headlights is in use, and shall not otherwise be lighted. Such indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle.
(ORC 4513.15; Ord. 7-83. Passed 3-21-83.)
333.16 LIGHTS OF LESS INTENSITY ON SLOW-MOVING VEHICLES.
   Any motor vehicle may be operated under the conditions specified in Section 333.03, when it is equipped with two lighted lights upon the front thereof capable of revealing persons and substantial objects seventy-five feet ahead, in lieu of lights required in Section 333.14, provided that such vehicle shall not be operated at a speed in excess of twenty miles per hour.
(ORC 4513.16; Ord. 7-83. Passed 3-21-83.)
333.17 NUMBER OF LIGHTS PERMITTED; RED AND FLASHING LIGHTS.
   (a)   Whenever a motor vehicle equipped with headlights also is equipped with any auxiliary lights or spotlight or any other light on the front thereof projecting a beam of an intensity greater than 300 candle power, not more than a total of five of any such lights on the front of a vehicle shall be lighted at any one time when the vehicle is upon a highway.
   (b)   Any lighted light or illuminating device upon a motor vehicle, other than headlights, spotlights, signal lights or auxiliary driving lights, that projects a beam of light of an intensity greater than 300 candle power, shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
   (c)   (1)   Flashing lights are prohibited on motor vehicles, except as a means for indicating a right or left turn, or in the presence of a vehicular traffic hazard requiring unusual care in approaching, or overtaking or passing.
      (2)   The prohibition in subsection (c)(1) of this section does not apply to any of the following:
         A.   Emergency vehicles, road service vehicles servicing or towing a disabled vehicle, stationary waste collection vehicles actively collecting garbage, refuse, trash or recyclable materials on the roadside, rural mail delivery vehicles, vehicles as provided in Ohio R.C. 4513.182, highway maintenance vehicles, and similar equipment operated by state or local authorities, provided such vehicles are equipped with and display, when used on a street or highway for the special purpose necessitating such lights, a flashing, oscillating or rotating amber light;
         B.   Vehicles or machinery permitted by Ohio R.C. 4513.111 to have a flashing red light;
         C.   Farm machinery and vehicles escorting farm machinery, provided such machinery and vehicles are equipped with and display, when used on a street or highway, a flashing, oscillating or rotating amber light. Farm machinery also may display the lights described in Ohio R.C. 4513.111.
         D.   A funeral hearse or funeral escort vehicle, provided that the funeral hearse or funeral escort vehicle is equipped with and displays, when used on a street or highway for the special purpose necessitating such lights, a flashing, oscillating or rotating purple or amber light;
      (3)   Subsection (c)(1) of this section does not apply to animal-drawn vehicles subject to Ohio R.C. 4513.114.
   (d)   (1)   Except a person operating a public safety vehicle, as defined in Ohio R.C. 4511.01(E), or a school bus, no person shall operate, move, or park upon, or permit to stand within the right-of-way of any public street or highway any vehicle or equipment that is equipped with and displaying a flashing red or a flashing combination red and white light, or an oscillating or rotating red light, or a combination red and white oscillating or rotating light.
      (2)   Except a public law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, operating a public safety vehicle when on duty, no person shall operate, move, or park upon, or permit to stand within the right-of-way of any street or highway any vehicle or equipment that is equipped with, or upon which is mounted, and displaying a flashing blue or a flashing combination blue and white light, or an oscillating or rotating blue light, or a combination blue and white oscillating or rotating light.
   (e)   This section does not prohibit the use of warning lights required by law or the simultaneous flashing of turn signals on disabled vehicles or on vehicles being operated in unfavorable atmospheric conditions in order to enhance their visibility. This section also does not prohibit the simultaneous flashing of turn signals or warning lights either on farm machinery or vehicles escorting farm machinery, when used on a street or highway.
   (f)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.17)
333.18 BRAKE EQUIPMENT.
   (a)   The following requirements govern as to brake equipment on vehicles:
      (1)   Every motor vehicle, other than a motorcycle, when operated upon a street or highway, shall be equipped with brakes adequate to control the movement of and to stop and hold such motor vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, then on such motor vehicles manufactured or assembled after January 1, 1942, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
      (2)   Every motorcycle, when operated upon a street or highway, shall be equipped with at least one adequate brake, which may be operated by hand or by foot.
      (3)   Every motorized bicycle shall be equipped with brakes meeting the rules adopted by the Ohio Director of Public Safety under Ohio R.C. 4511.521.
      (4)   When operated upon the streets or highways of this Municipality, the following vehicles shall be equipped with brakes adequate to control the movement of and to stop and to hold the vehicle designed to be applied by the driver of the towing motor vehicle from its cab, and also designed and connected so that, in case of a breakaway of the towed vehicle, the brakes shall be automatically applied:
         A.   Except as otherwise provided in this section, every trailer or semitrailer, except a pole trailer, with an empty weight of two thousand pounds or more, manufactured or assembled on or after January 1, 1942;
         B.   Every manufactured home or travel trailer with an empty weight of two thousand pounds or more, manufactured or assembled on or after January 1, 2001.
      (5)   Every watercraft trailer with a gross weight or manufacturer’s gross vehicle weight rating of three thousand pounds or more that is manufactured or assembled on or after January 1, 2008, shall have separate brakes equipped with hydraulic surge or electrically operated brakes on two wheels.
      (6)   In any combination of motor-drawn trailers or semitrailers equipped with brakes, means shall be provided for applying the rearmost brakes in approximate synchronism with the brakes on the towing vehicle, and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost brakes; or both of the above means, capable of being used alternatively, may be employed.
      (7)   Every vehicle and combination of vehicles, except motorcycles and motorized bicycles, and except trailers and semitrailers of a gross weight of less than 2,000 pounds, and pole trailers, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other sources of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.
      (8)   The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.
   (9)   Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times and under all conditions of loading of being stopped on a dry, smooth, level road free from loose material, upon application of the service or foot brake, within the following specified distances, or shall be capable of being decelerated at a sustained rate corresponding to these distances:
 
From a speed of 20 miles per hour
Stopping distance
in feet
Deceleration in feet
per second per second
Brakes on all wheels
30
14
Brakes not on all four wheels
40
10.7
      (10)   All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
   (b)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree. (ORC 4513.20)
333.19 HORNS; EMERGENCY VEHICLES; REQUIREMENTS AND RESTRICTIONS.
   (a)   Every motor vehicle when operated upon a street shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet.
   (b)   No motor vehicle shall be equipped with, nor shall any person use upon a vehicle any siren, whistle or bell. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which shall be so arranged that it cannot be used as an ordinary warning signal. Every emergency vehicle shall be equipped with a siren, whistle or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet, and of a type approved by the Ohio Director of Public Safety. Such equipment shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which events the driver of such vehicle shall sound such equipment when it is necessary to warn pedestrians and other drivers of the approach thereof.
(ORC 4513.21; Ord. 7-83. Passed 3-21-83.)
333.20 MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE.
   (a)   Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise.
   (b)   No person shall use a muffler cutout, by-pass or similar device upon a motor vehicle on a street or highway.
   (c)   Every motorcycle muffler shall be equipped with baffle plates.
   (d)   No person shall own, operate or have in his possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any other way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.
(ORC 4513.22; Ord. 7-83. Passed 3-21-83.)
333.21 BLURRED WINDSHIELD.
   It shall be unlawful to operate or to have upon any street any vehicle in which the operator’s view through the windshield or any window is obstructed due to the glass being dirty, cracked, blurred or otherwise nontransparent.
(Ord. 7-83. Passed 3-21-83.)
333.22 CLEAR AND UNOBSTRUCTED VIEW TO REAR AND BOTH SIDES; REAR-VIEW MIRROR.
   Every motor vehicle and motorcycle shall be equipped with a mirror so located as to reflect to the operator a view of the street or highway to the rear of such vehicle or motorcycle. Operators of vehicles and motorcycles shall have a clear and unobstructed view to the front and to both sides of their vehicles or motorcycles and shall have a clear view to the rear of their vehicles or motorcycles by mirror.
(ORC 4513.23; Ord. 7-83. Passed 3-21-83.)
333.23 WINDSHIELD AND WINDSHIELD WIPER; SIGN OR POSTER THEREON.
   (a)   No person shall drive any motor vehicle on a street or highway, other than a motorcycle or motorized bicycle, that is not equipped with a windshield.
   (b)   (1)   No person shall drive any motor vehicle, other than a bus, with any sign, poster or other nontransparent material upon the front windshield, sidewings, side or rear windows of such vehicle other than a certificate or other paper required to be displayed by law, except that there may be in the lower left-hand or right-hand corner of the windshield a sign, poster or decal not to exceed four inches in height by six inches in width. No sign, poster or decal shall be displayed in the front windshield in such a manner as to conceal the vehicle identification number for the motor vehicle when in accordance with federal law, that number is located inside the vehicle passenger compartment and so placed as to be readable through the vehicle glazing without moving any part of the vehicle.
      (2)   Subsection (b)(1) of this section does not apply to a person who is driving a passenger car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if the device meets both of the following:
         A.   It does not restrict the vehicle operator’s sight lines to the road and highway signs and signals.
         B.   It does not conceal the vehicle identification number.
      (3)   Subsection (b)(1) of this section does not apply to a person who is driving a commercial car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if the device meets both of the following:
         A.   It does not restrict the vehicle operator’s sight lines to the road and highway signs and signals.
         B.   It is mounted not more than six inches below the upper edge of the windshield and is outside the area swept by the vehicle’s windshield wipers.
   (c)   The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield. The device shall be maintained in good working order and so constructed as to be controlled or operated by the operator of the vehicle.
(ORC 4513.24)
333.24 SOLID TIRES; REQUIREMENTS.
   Every solid tire, as defined in Ohio R.C. 4501.01, on a vehicle shall have rubber or other resilient material on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.
(ORC 4513.25; Ord. 7-83. Passed 3-21-83.)
333.25 SAFETY GLASS REQUIRED.
   (a)    No person shall sell any new motor vehicle nor shall any new motor vehicle be registered, and no person shall operate any motor vehicle which is registered in this State and which shall have been manufactured or assembled on or after January 1, 1936, unless such vehicle is equipped with safety glass wherever glass is used in the windshield, doors, partitions, rear windows and windows on each side immediately adjacent to the rear window.
   (b)    "Safety glass" means any product composed of glass so manufactured, fabricated or treated as substantially to prevent shattering and flying of the glass when struck or broken, or such other similar product as may be approved by the Registrar of Motor Vehicles.
   (c)    Glass other than safety glass shall not be offered for sale, or sold for use in, or installed in any door, window, partition or windshield which is required by this section to be equipped with safety glass.
(ORC 4513.26; Ord. 7-83. Passed 3-21-83.)
333.26 DIRECTIONAL SIGNALS.
   (a)   (1)   No person shall operate any motor vehicle manufactured or assembled on or after January 1, 1954, unless the vehicle is equipped with electrical or mechanical directional signals.
      (2)   No person shall operate any motorcycle or motor-driven cycle manufactured or assembled on or after January 1, 1968, unless the vehicle is equipped with electrical or mechanical directional signals.
   (b)   “Directional signals” means an electrical or mechanical signal device capable of clearly indicating an intention to turn either to the right or to the left and which shall be visible from both the front and rear.
   (c)   All mechanical signal devices shall be self-illuminating devices when in use at the times mentioned in Section 333.03. (ORC 4513.261)
333.27 SPIKES, LUGS AND CHAINS.
   No person shall operate upon any street or highway a vehicle equipped with cleats, spikes, lugs, chains, metal caterpillar treads or similar devices injurious to the roadway, except a metal or nonskid contrivance which may be used only while the streets are slippery or covered with ice and snow.
(Ord. 7-83. Passed 3-21-83.)
333.28 AIR CLEANER REQUIRED.
   (a)   No person shall operate a motor vehicle with an internal combustion engine unless the carburetion system of the vehicle is protected with an air filter, a flame arresting device, or any other accepted method of protection that is adequate for this purpose. If the original device or system is replaced, it shall be replaced with one that is equal to or better than the original equipment.
   (b)   This section does not apply to a person doing automotive repair work on a motor vehicle that necessitates this device being removed while the work is performed.
(Ord. 42-95. Passed 11-6-95.)
333.29 CHILD RESTRAINT SYSTEM USAGE.
   (a)   When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Ohio R.C. 4511.01, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets federal motor safety standards:
      (1)   A child who is less than four years of age;
      (2)   A child who weighs less than forty pounds.
 
   (b)   When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is owned, leased or otherwise under the control of a nursery school, or child care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards:
      (1)   A child who is less than four years of age;
      (2)   A child who weighs less than forty pounds.
 
   (c)   When any child who is less than eight years of age and less than four feet nine inches in height, who is not required by subsection (a) or (b) of this section to be secured in a child restraint system, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Ohio R.C. 4511.01 or a vehicle that is regulated under Ohio R.C. 5104.011, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions on a booster seat that meets federal motor vehicle safety standards.
 
   (d)   When any child who is at least eight years of age but not older that fifteen years of age and who is not otherwise required by subsection (a), (b) or (c) hereof to be secured in a child restraint system or booster seat, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Ohio R.C. 4511.01, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly restrained either in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in Ohio R.C. 4513.263.
 
   (e)   Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of subsection (c) or (d) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of subsection (c) or (d) of this section or causing the arrest of or commencing a prosecution of a person for a violation of subsection (c) or (d) of this section, and absent another violation of law, a law enforcement officer's view of the interior or visual inspection of a motor vehicle being operated on any street or highway may not be used for the purpose of determining whether a violation of subsection (c) or (d) of this section has been or is being committed.
 
   (f)   The Ohio Director of Public Safety shall adopt such rules as are necessary to carry out this section.
 
   (g)   The failure of an operator of a motor vehicle to secure a child in a child restraint system, a booster seat or an occupant restraining device as required by this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section.
 
   (h)   This section does not apply when an emergency exists that threatens the life of any person operating or occupying a motor vehicle that is being used to transport a child who otherwise would be required to be restrained under this section. This section does not apply to a person operating a motor vehicle who has an affidavit signed by a physician licensed to practice in this State under Ohio R.C. Chapter 4731 a clinical nurse specialist or certified nurse practitioner licensed to practice in this State under Ohio R.C. Chapter 4723, or a chiropractor licensed to practice in this State under Ohio R.C. Chapter 4734 that states that the child who otherwise would be required to be restrained under this section has a physical impairment that makes use of a child restraint system, booster seat or an occupant restraining device impossible or impractical, provided that the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendations of the physician, nurse or chiropractor as noted on the affidavit.
 
   (i)   Nothing in this section shall be construed to require any person to carry with the person the birth certificate of a child to prove the age of the child, but the production of a valid birth certificate for a child showing that the child was not of an age to which this section applies is a defense against any ticket, citation or summons issued for violating this section.
 
   (j)   Whoever violates subsection (a), (b), (c) or (d) of this section shall be punished as follows, provided that the failure of an operator of a motor vehicle to secure more than one child in a child restraint system, booster seat, or occupant restraining device as required by this section that occurred at the same time, on the same day, and at the same location is deemed to be a single violation of this section:
      (1)   Except as otherwise provided in subsection (j)(2) of this section, the offender is guilty of a minor misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00).
      (2)   If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a), (b), (c) or (d) of this section or of a state law or municipal ordinance that is substantially similar to any of those subsections, the offender is guilty of a misdemeanor of the fourth degree.
(ORC 4511.81)
333.30 DRIVERS AND PASSENGERS REQUIRED TO WEAR SEAT BELTS.
   (a)   As used in this section:
      (1)   "Automobile" means any commercial tractor, passenger car, commercial car or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States Secretary of Transportation pursuant to the "National Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.
      (2)   "Occupant restraining device" means a seat safety belt, shoulder belt, harness or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum Federal vehicle safety standards established by the United States Department of Transportation.
      (3)   "Passenger" means any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.
      (4)   "Commercial tractor," "passenger car," and "commercial car" have the same meanings as provided in Ohio R.C. 4501.01.
      (5)   "Vehicle" and "motor vehicle", as used in the definitions of the terms set forth in subsection (a)(4) hereof, have the same meanings as provided in Chapter 301.
      (6)   “Tort action” means a civil action for damages for injury, death, or loss to person or property. “Tort action” includes a product liability claim, as defined in Ohio R.C. 2307.71 and an asbestos claim, as defined in Ohio R.C. 2307.91, but does not include a civil action for damages for breach of contract or another agreement between persons.
   (b)   No person shall do either of the following:
      (1)   Operate an automobile on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator's seat unless that person is wearing all of the available elements of the device, as properly adjusted;
      (2)   Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in subsection (b)(3) hereof is wearing all of the available elements of a properly adjusted occupant restraining device;
      (3)   Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device;
      (4)   Operate a taxicab on any street or highway unless all factory-equipped occupant restraining devices in the taxicab are maintained in usable form.
   (c)   (1)   Subsection (b)(3) hereof does not apply to a person who is required by Section 333.29 to be secured in a child restraint device or booster seat.
      (2)   Subsection (b)(1) hereof does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addressees.
      (3)   Subsections (b)(1) and (3) hereof do not apply to a person who has an affidavit signed by a physician licensed to practice in this State under Ohio R.C. Chapter 4731 or a chiropractor licensed to practice in this State under Ohio R.C. Chapter 4734 that states the following:
         A.   That the person has a physical impairment that makes use of an occupant restraining device impossible or impractical;
         B.   Whether the physical impairment is temporary, permanent or reasonably expected to be permanent;
         C.   If the physical impairment is temporary, how long the physical impairment is expected to make the use of an occupant restraining device impossible or impractical.
      (4)   Subsections (b)(1) and (3) of this section do not apply to a person who has registered with the Registrar of Motor Vehicles in accordance with subsection (c)(5) of this section.
      (5)   A person who has received an affidavit under subsection (c)(3) of this section stating that the person has a permanent or reasonably expected to be permanent physical impairment that makes use of an occupant restraining device impossible or impracticable may register with the Registrar attesting to that fact. Upon such registration, the Registrar shall make that information available in the law enforcement automated data system. A person included in the database under subsection (c)(5) of this section is not required to have the affidavit obtained in accordance with subsection (c)(3) of this section in their possession while operating or occupying an automobile.
      (6)   A physician or chiropractor who issues an affidavit for the purposes of subsection (c)(3) or (4) of this section is immune from civil liability arising from any injury or death sustained by the person who was issued the affidavit due to the failure of the person to wear an occupant restraining device unless the physician or chiropractor, in issuing the affidavit, acted in a manner that constituted willful, wanton or reckless misconduct.
      (7)   The Registrar shall adopt rules in accordance with Ohio R.C. Chapter 119, establishing a process for a person to be included in the database under subsection (c)(5) of this section. The information provided and included in the database under subsection (c)(5) of this section is not a public record subject to inspection or copying under Ohio R.C. 149.43.
   (d)   Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (b) hereof has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
   (e)   All fines collected for violations of subsection (b) hereof shall be forwarded to the Treasurer of State for deposit as provided in Ohio R.C. 4513.263.
   (f)   (1)   Subject to subsection (f)(2) of this section, the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device in violation of subsection (b)(1) or (3) or the failure of a person to ensure that each minor who is a passenger of an automobile being operated by that person is wearing all of the available elements of a properly adjusted occupant restraining device, in violation of subsection (b)(2) of this section, shall not be considered or used by the trier of fact in a tort action as evidence of negligence or contributory negligence. But the trier of fact may determine based on evidence admitted consistent with the Ohio rules of evidence that the failure contributed to the harm alleged in the tort action and may diminish a recovery of compensatory damages that represents noneconomic loss, as defined in Ohio R.C. 2307.011 in a tort action that could have been recovered but for the plaintiff’s failure to wear all of the available elements of a properly adjusted occupant restraining device. Evidence of that failure shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section; and shall not be admissible as evidence in a criminal action involving the person other than a prosecution for a violation of this section.
      (2)   If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted, then, consistent with the Rules of Evidence, the fact that the occupant was not wearing the available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfies all of the following:
         A.    It seeks to recover damages for injury or death to the occupant.
         B.   The defendant in question is the manufacturer, designer, distributor or seller of the passenger car.
         C.   The claim for relief against the defendant in question is that the injury or death sustained by the occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy.
   (g)   (1)   Whoever violates subsection (b)(1) of this section shall be fined thirty dollars ($30.00).
      (2)   Whoever violates subsection (b)(3) of this section shall be fined twenty dollars ($20.00).
      (3)   Except as otherwise provided in this subsection, whoever violates subsection (b)(4) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (b)(4) of this section, whoever violates subsection (b)(4) of this section is guilty of a misdemeanor of the third degree.
         (ORC 4513.263)
333.31 USE OF SUNSCREENING, NONTRANSPARENT AND REFLECTORIZED MATERIALS.
   (a)   Requirements.
      (1)   No person shall operate, on any highway or other public or private property open to the public for vehicular travel or parking, lease, or rent any motor vehicle that is required to be registered in this State with any sunscreening material, or other product or material which has the effect of making the windshield or windows nontransparent or would alter the windows’ color, increase its reflectivity, or reduce its light transmittance, unless the product or material satisfies one of the following exceptions:
         A.    Any manufacturer’s tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by “Federal Motor Vehicle Safety Standard Number 205" (FMVSS 205) in effect at the time of the manufacture of the motor vehicle until such standard is subsequently repealed or reduced. In “Federal Motor Vehicle Safety Standard Number 205" (FMVSS 205) “manufacturer” means any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale. “Federal Motor Vehicle Safety Standard Number 205" (FMVSS), Code of Federal Regulations, Title 49, Part 571, can be obtained online at web site http://www.gpo.gov.
         B.   Any sunscreening material or other product or material applied to the windshield when used in conjunction with the safety glazing materials of such window, has a light transmittance of not less than seventy per cent plus or minus three per cent and is not red or yellow in color.
         C.   Any sunscreening material or other product or material applied to the side windows to the immediate right or left the driver, so long as such material, when used in conjunction with the safety glazing materials of such windows, has a light transmittance of not less than fifty per cent plus or minus three per cent and is not red or yellow in color.
         D.   Any sunscreening material or other product or material applied to a window not otherwise listed in subsections (a)(1)A. to C. or E. of this section, except that outside left and right rear view mirrors are required if the sunscreening material is applied to the rear window and the sunscreening material, when used in conjunction with the safety glazing material of such window, has a light tranmsmittance of less than fifty per cent plus or minus three per cent.
         E.   Any sunscreening material or other product or material applied along the top of the windshield and that does not extend downward beyond the AS- 1 line or five inches from the top of the windshield, whichever is closer to the top, is not regulated by this section.
      (2)   No person shall install in any motor vehicle any glass or other material that fails to conform to the specifications of this section.
      (3)   No used motor vehicle dealer or new motor vehicle dealer, as defined in Ohio R.C. 4517.01, shall sell any motor vehicle that fails to conform to the specifications of this section.
      (4)   No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings or rear window.
      (5)   No person shall operate on any highway or other public or private property open to the public for vehicular travel or parking, lease, or rent any motor vehicle that is required to be registered in this State that is equipped with privacy drapes, louvers, curtains or blinds unless the drapes, louvers, curtains or blinds are open and secure during vehicle operation.
      (6)   All motor vehicles, beginning with the 1990 model year, must be equipped with labels identifying sunscreening material. All sunscreening material must indicate the manufacturer’s name and the percentage level of light transmission of the material permanently installed between the material and the surface to which the material is applied or affixed. Such label must be legible and must be placed in the lower left-hand corner of the vehicle window when viewed from the outside. (OAC 4501-41-03)
   (b)   Exemptions. The provisions of this section do not apply to:
      (1)   A motor vehicle registered in this State in the name of a person, or the person's parent, legal guardian or spouse who has an affidavit signed by a physician licensed to practice in this State under Ohio R.C. Chapter 4731 or an affidavit signed by an optometrist licensed to practice in this State under Ohio R.C. Chapter 4725 that states that the person has a physical condition that makes it necessary to equip such motor vehicle with sunscreening material which would be of a light transmittance and/or luminous reflectance in violation of this section. Such affidavit shall be in the possession of the person so afflicted or the driver at all times while in the motor vehicle;
      (2)   The windows to the rear of the driver in chauffeured limousines as defined herein;
      (3)   The windows to the rear of the driver in those vehicles designed and used to transport corpses which include hearses and other vehicles adapted for such use; and
      (4)   The manufacturer's tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by "Federal Motor Vehicle Safety Standard Number 205" (FMVSS 205) in effect at the time of the manufacture of the motor vehicle as provided in subsection (a) hereof. “Federal Motor Vehicle Safety Standard Number 205" (FMVSS 205), Code of Federal Regulations, Title 49, Part 571, can be obtained online at web site http://www.gpo.gov.  
         (OAC 4501-41-05)
   (c)   Definitions. As used in this section, certain terms are defined as follows:
      (1)   "Motor vehicle" has the same meaning as specified in Section 301.46.
      (2)   "Sunscreening material" means products or materials, including film, glazing and perforated sunscreening, which, when applied to the windshield or windows of a motor vehicle, reduce the effects of the sun with respect to light reflectance or transmittance.
      (3)   "Transmittance" means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through the product or material, including glazing, to the amount of total light falling on the product or material and the glazing.
      (4)   "Windshield" means the front exterior viewing device of a motor vehicle.
      (5)   "Window" means any device designed for exterior viewing from a motor vehicle, except the windshield or any roof-mounted viewing device.
      (6)   "Manufacturer" unless otherwise specified in this section, means any person who engages in the manufacturing or assembling of sunscreening products or materials or any person who fabricates, laminates or tempers a safety glazing material, incorporating, during the manufacturing process, the capacity to reflect or reduce the transmission of light.
      (7)   “Chauffeured limousine” means a motor vehicle that is designed to carry nine or fewer passengers and is operated for hire on an hourly basis pursuant to a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person hiring the vehicle and not over a defined and regular route. “Prearranged contract” means an arrangement, made in advance of boarding, to provide transportation from a specific location in a chauffeured limousine at a fixed rate per hour or trip. “Chauffeured limousine” does not include any vehicle that is used exclusively in the business of funeral directing.
         (OAC 4501-41-02)
   (d)   Penalty. Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.241)
333.32 BUMPER HEIGHTS.
   (a)   Definitions.
      (1)   "Passenger car" means any motor vehicle with motive power, designed for carrying ten persons or less, except a multipurpose passenger vehicle or motorcycle.
      (2)   "Multipurpose passenger vehicle" means a motor vehicle with motive power, except a motorcycle, designed to carry ten persons or less, that is constructed either on a truck chassis or with special features for occasional off-road operation.
      (3)   "Truck" means every motor vehicle, except trailers and semitrailers, designed and used to carry property and having a gross vehicle weight rating of 10,000 pounds or less.
      (4)   "Manufacturer" has the same meaning as in Ohio R.C. 4501.01.
      (5)   "Gross vehicle weight rating" means the manufacturer's gross vehicle weight rating established for the vehicle.
      (6)   "Body floor height" means the vertical distance between top of the frame rail and the bottom of the passenger compartment (cab) floor. In the event that the vehicle is a truck body, floor height will be measured by the vertical distance between the passenger compartment (cab) floor and the floor of the truck bed.
      (7)   "Bumper height" means the vertical distance between the ground and the highest point of the bottom of the bumper, measured when the vehicle is laden on a level surface with the vehicle tires inflated to the manufacturer's recommended pressure.
      (8)   "Frame" means the main longitudinal structural members of the chassis of the vehicle or, for vehicles with unitized body construction, the lowest main longitudinal structural members of the body of the vehicle.
      (9)   “Wheel track distance” means the distance on the ground between the center of the tire tread on one side of the vehicle, and the center of the tire tread on the opposite side.
(OAC 4501-43-02)
   (b)   Prohibitions; Application.
      (1)   No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this State that does not conform to the requirements of this section.
      (2)   No person shall modify any motor vehicle registered in this State in such a manner as to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under normal operation, and no person shall disconnect any part of the original suspension system of the vehicle to defeat the safe operation of that system including the installation of inverted, altered or modified suspension system component parts which results in elevation of the height of the vehicle bumper or frame unit which is not in compliance with this section.
      (3)   No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this State without a bumper on the front and rear of the vehicle if such vehicle was equipped with bumpers as standard equipment by the manufacturer.
      (4)   No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this State if the difference in height between the body floor and the top of the frame exceeds four inches.
      (5)   Nothing contained in this section shall be construed to prohibit either of the following:
         A.   The installation upon a passenger car, multipurpose passenger vehicle or truck registered in this State of heavy duty equipment, including shock absorbers and overload springs as long as such equipment does not cause the vehicle to be in violation of this section;
         B.   The operation on a street or highway of a passenger car, multipurpose passenger vehicle or truck registered in this State with normal wear to the suspension system if the normal wear does not adversely affect the control of the vehicle.
      (6)   This section does not apply to any specially designed or modified passenger car, multipurpose passenger vehicle or truck when operated off a street or highway in races and similar events.
      (7)   A specially designed or modified passenger car, multipurpose passenger vehicle or truck which does not conform to this section shall not be operated on a street or highway.
         (OAC 4501-43-03)
   (c)   Specifications.
      (1)   The horizontal bumper shall be at least 4.5 inches in vertical height, centered on the vehicle's centerline, and extend no less than the width of the respective wheel track distances. Bumpers shall be horizontal load bearing bumpers and attached to the vehicle frame to effectively transfer impact when engaged.
      (2)   Maximum bumper heights shall be determined by the type of vehicle at time of manufacture. If other than a passenger vehicle, the maximum bumper height shall be determined by the gross vehicle weight rating (GVWR) at the time of manufacture. The height shall be measured in terms of the vertical distance between the ground and the bottom of the bumper. Maximum bumper heights are as follows:
 
Front (inches)
Rear (inches)
Passenger Vehicles
22
22
All Other Vehicles:
4,500 lbs. and under GVWR
24
26
4,501 lbs. to 7,500 lbs. GVWR
27
29
7,501 lbs. to 10,000 lbs. GVWR
28
31
      (3)   If the body and/or truck bed height is altered the difference in height between the body floor and/or the truck bed floor to the top of the frame rail shall not exceed four inches.
      (4)   For any vehicle with bumpers or attaching components which have been modified or altered from the original manufacturer's design in order to conform with the maximum bumper requirements of this section, the bumper height shall be measured from a level surface to the bottom of the vehicle frame rail at the most forward and rearward points of the frame rail. Frame rail height if bumper modified or altered:
 
Front (inches)
Rear (inches)
Passenger Vehicles
22
22
All Other Vehicles:
4,500 lbs. and under GVWR
24
26
4,501 lbs. to 7,500 lbs. GVWR
27
29
7,501 lbs. to 10,000 lbs. GVWR
28
31
      (5)   The height restriction in this subsection (c) applies to the distance from the ground to the bottom of the frame rail under any one or more of the following conditions:
         A.   A motor vehicle is not equipped with a front and rear bumper.
         B.   The bumper height relative to the frame rails has been altered.
         C.   A supplemental bumper has been installed or an addition to the original or replacement has been made.
         (OAC 4501-43-04)
   (d)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.021)
333.33 LIGHTS AND SIGN ON TRANSPORTATION FOR PRESCHOOL CHILDREN.
   (a)   No person shall operate any motor vehicle owned, leased, or hired by a nursery school, kindergarten, or child care center, while transporting preschool children to or from such an institution unless the motor vehicle is equipped with and displaying two amber flashing lights mounted on a bar attached to the top of the vehicle, and a sign bearing the designation “caution – children”, which shall be attached to the bar carrying the amber flashing lights in such a manner as to be legible to persons both in front of and behind the vehicle. The lights and sign shall meet standards and specifications adopted by the Ohio Director of Public Safety.
   (b)   No person shall operate a motor vehicle displaying the lights and sign required by this section for any purpose other than the transportation of preschool children as provided in this section. (ORC 4513.182)
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.99)
333.99 PENALTY.
   (EDITOR'S NOTE: See Section 303.99 for general Code penalty.
335.01 OVERSIZE OR OVERWEIGHT VEHICLE OPERATION ON STATE ROUTES; STATE PERMITS.
   No person shall operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in Ohio R.C. 5577.01 to 5577.09, inclusive, or otherwise not in conformity with Ohio R.C. 4513.01 to 4513.37, inclusive, upon any State route within the Municipality, except pursuant to special written permit issued by the Ohio Director of Highways. Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer.
   No holder of a permit issued by the Ohio Director of Highways shall be required to obtain any local permit or license or pay any local fee or charge for movement on any State route within the Municipality, however, it shall be unlawful to operate any such vehicle or combination of vehicles upon any roadway within the Municipality which is not a State route, except upon permission granted by the City Manager and except for movement necessitated by an emergency or for purposes of local delivery or pickup, provided such person shall compensate for any damage to a roadway or road structure.
(ORC 4513.34; Ord. 7-83. Passed 3-21-83.)
335.02 OVERSIZE OR OVERWEIGHT VEHICLE OPERATION ON LOCAL STREETS.
   No person shall operate, move or park a vehicle or combination of vehicles exceeding a size as specified in Section 335.04, or exceeding a gross weight of five tons, upon any street or highway under local jurisdiction, other than State routes, except pursuant to permission granted by the City Manager. Permission need not be obtained for any movement or parking necessitated by an emergency or for the purposes of making deliveries to or pickups from premises not located on State routes, provided such movement is conducted by the shortest route possible or by a route designated by the City Manager.
   No person granted permission by the City Manager shall be required to obtain a special permit from the Ohio Director of Highways for the movement of the vehicle or combination of vehicles on streets or highways under local jurisdiction; however, the approval of the Ohio Director of Highways shall be required for movement upon State routes as provided in Section 335.01.
   The City Manager may grant permission for a single or round trip, or for such period of time, not to exceed one year, as the City Manager in his discretion deems advisable, or for the duration of any construction project. The City Manager may limit or prescribe terms or conditions of operation for such vehicle or combination of vehicles by designating the route, hours, speed or such other restrictions as may be necessary for the preservation of the public peace, property, health and safety. The City Manager may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
   Streets or highways under local jurisdiction shall be posted with signs indicating "no thru trucks - gross weight 5 tons", or words of similar import to apprise drivers of the limitations imposed by this section. No driver shall disobey the instructions indicated on any such sign.
   Violation of any of the limitations, terms or conditions of the permission granted by the City Manager shall be cause for immediate revocation or suspension of such permission and denial of request for any future permission.
(Ord. 85-84. Passed 12-3-84.)
335.03 SPECIAL WEIGHT AND TIRE RESTRICTIONS DESIGNATED BY TRAFFIC SIGN.
   Whenever, in the judgment of the City Manager, any street or part thereof would be injured or damaged by general use of vehicles having solid tires or by vehicles exceeding in gross weight or in weight per inch of tire width the limits which he shall determine to be safe for such highway, or part thereof, he shall erect appropriate traffic signs prohibiting the operation of vehicles having solid tires, or indicating and designating such weight limits, and it shall be unlawful to operate over any such highway, or part thereof, any vehicle having solid tires or exceeding such weight limits.
(Ord. 7-83. Passed 3-21-83.)
335.04 MAXIMUM WIDTH, HEIGHT AND LENGTH.
   (a)   No vehicle shall be operated upon the public highways, streets, bridges and culverts within the Municipality, whose dimensions exceed those specified in this section.
 
   (b)   No such vehicle shall have a width in excess of:
      (1)   104 inches for passenger bus type vehicles operated exclusively within municipal corporations;
      (2)   102 inches, excluding such safety devices as are required by law, for passenger bus type vehicles operated over freeways, and such other State roads with minimum pavement widths of twenty-two feet, except those roads or portions of roads over which operation of 102-inch buses is prohibited by order of the Ohio Director of Transportation;
      (3)   132 inches for traction engines;
      (4)   102 inches for recreational vehicles, excluding safety devices and retracted awnings and other appurtenances of six inches or less in width and except that the Director may prohibit the operation of 102-inch recreational vehicles on designated State highways or portions of highways;
      (5)   102 inches, including load, for all other vehicles, except that the Director may prohibit the operation of 102-inch vehicles on such State highways or portions of State highways as the Director designates.
 
   (c)   No such vehicle shall have a length in excess of:
      (1)   66 feet for passenger bus type vehicles and articulated passenger bus type vehicles operated by a regional transit authority pursuant to Ohio R.C. 306.30 to 306.54;
      (2)   45 feet for all other passenger bus type vehicles;
      (3)   53 feet for any semitrailer when operated in a commercial tractor-semitrailer combination, with or without load, except that the Director may, by journal entry, prohibit the operation of any such commercial tractor-semitrailer combination on such State highways or portions of State highways as the Director designates;
      (4)   28.5 feet for any semitrailer or trailer when operated in a commercial tractor-semitrailer-trailer or commercial tractor-semitrailer-semitrailer combination, except that the Director may prohibit the operation of any such commercial tractor-semitrailer-trailer or commercial tractor-semitrailer-semitrailer combination on such State highways or portions of State highways as the Director designates;
      (5)   A.   97 feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations when operated on any interstate, United States route, or State route, including reasonable access travel on all other roadways for a distance not to exceed one road mile from any interstate, United States route, or State route, not to exceed three saddlemounted vehicles, but which may include one fullmount;
         B.   75 feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations, when operated on any roadway not designated as an interstate, United States route, or State route, not to exceed three saddlemounted vehicles, but which may include one fullmount;
      (6)   65 feet for any other combination of vehicles coupled together, with or without load, except as provided in subsections (c)(3) and (4) and in subsection (e) hereof;
      (7)   45 feet for recreational vehicles.
      (8)   50 feet for all other vehicles except trailers and semitrailers, with or without load.
 
   (d)   No such vehicle shall have a height in excess of thirteen feet six inches, with or without load.
 
   (e)   An automobile transporter or boat transporter shall be allowed a length of sixty-five feet and a stinger-steered automobile transporter or stinger-steered boat transporter shall be allowed a length of seventy-five feet, except that the load thereon may extend no more than four feet beyond the rear of such vehicles and may extend no more than three feet beyond the front of such vehicles, and except further that the Director may prohibit the operation of any stinger-steered automobile transporter or stinger-steered boat transporter or a B-train assembly on any State highway or portion of any State highway that the Director designates.
 
   (f)   The widths prescribed in subsection (b) shall not include side mirrors, turn signal lamps, marker lamps, handholds for cab entry and egress, flexible fender extensions, mud flaps, splash and spray suppressant devices, and load-induced tire bulge.
   The width prescribed in subsection (b)(5) shall not include automatic covering devices, tarp and tarp hardware, and tiedown assemblies, provided these safety devices do not extend more than three inches from each side of the vehicle.
   The lengths prescribed in subsections (c)(2) to (8) hereof shall not include safety devices, bumpers attached to the front or rear of such bus or combination, nonproperty carrying devices or components that do not extend more than twenty-four inches beyond the rear of the vehicle and are needed for loading or unloading, B-train assembly used between the first and second semitrailer of a commercial tractor-semitrailer-semitrailer combination, energy conservation devices as provided in any regulations adopted by the Secretary of the United States Department of Transportation, or any noncargo-carrying refrigeration equipment attached to the front of trailers and semitrailers. In special cases, vehicles whose dimensions exceed those prescribed by this section may operate in accordance with rules adopted by the Ohio Director of Transportation.
 
   (g)   This section does not apply to fire engines, fire trucks or other vehicles or apparatus belonging to any municipal corporation or to the volunteer fire department of any municipal corporation or used by such department in the discharge of its functions. This section does not apply to vehicles and pole trailers used in the transportation of wooden and metal poles, nor to the transportation of pipes or well-drilling equipment, nor to farm machinery and equipment. The owner or operator of any vehicle, machinery or equipment not specifically enumerated in this section but the dimensions of which exceed the dimensions provided by this section, when operating the same on the highways and streets of this State shall comply with the rules of the Director governing such movement, that the Director may adopt. Ohio R.C. 119.01 to 119.13 apply to any rules the Director adopts under this section, or the amendment or rescission of the rules, and any person adversely affected shall have the same right of appeal as provided in those sections.
   This section does not require the State, the Municipality, County, township or any railroad or other private corporation to provide sufficient vertical clearance to permit the operation of such vehicle, or to make any changes in or about existing structures now crossing streets, roads and other public thoroughfares in the Municipality.
 
   (h)   As used in this section, "recreational vehicle" has the same meaning as in Ohio R.C. 4501.01.
(ORC 5577.05)
 
   (i)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense or subsequent offense, the person is guilty of a misdemeanor of the fourth degree.
(ORC 5577.99)
335.05 VEHICLES TRANSPORTING EXPLOSIVES; REQUIREMENTS.
   Any person operating any vehicle transporting explosives upon a street or highway shall at all times comply with the following requirements:
   (a)   Such vehicle shall be marked or placarded on each side and on the rear with the word "EXPLOSIVES" in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word "DANGER" in white letters six inches high, or shall be marked or placarded in accordance with Section 177.823 of the United States Department of Transportation Regulations.
   (b)   Such vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at convenient points on such vehicle.
      (ORC 4513.29)
335.06 LIMITATION OF LOAD EXTENSION ON LEFT SIDE.
   No passenger type vehicle shall be operated on any street or highway with any load carried thereon extending more than six inches beyond the line of the fenders on the left side of such vehicle.
(ORC 4513.30; Ord. 7-83. Passed 3-21-83.)
335.07 LOADS DROPPING, SIFTING, LEAKING.
   (a)   No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, loaded or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand or other substance may be dropped for the purpose of securing traction, or water or other sustance may be sprinkled on a roadway in cleaning or maintaining the roadway.
   (b)   Except for a farm vehicle used to transport agricultural produce or agricultural production materials or a rubbish vehicle in the process of acquiring its load, no vehicle loaded with garbage, swill, cans, bottles, waste paper, ashes, refuse, trash, rubbish, waste, wire, paper, cartons, boxes, glass, solid waste or any other material of an unsanitary nature that is susceptible to blowing or bouncing from a moving vehicle shall be driven or moved on any highway unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the street or highway.
(Ord. 44-91. Passed 8-5-91.)
335.08 SHIFTING LOAD.
   In addition to any other requirements of load distribution, no vehicle shall be operated upon a street unless such vehicle is so laden as to prevent its contents from shifting or otherwise unbalancing the vehicle to such an extent as to interfere with the safe operation of the same.
(Ord. 7-83. Passed 3-21-83.)
335.09 TOWING VEHICLES.
   (a)   When one vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and such drawbar or other connection shall not exceed fifteen feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered.
   (b)   When one vehicle is towing another and the connection consists only of a chain, rope or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve inches square.
   (c)   In addition to such drawbar or other connection, each trailer and each semitrailer which is not connected to a commercial tractor by means of a fifth wheel shall be coupled with stay chains or cables to the vehicle by which it is being drawn. The chains or cables shall be of sufficient size and strength to prevent the towed vehicle's parting from the drawing vehicle in case the drawbar or other connection should break or become disengaged. In case of a loaded pole trailer, the connecting pole to the drawing vehicle shall be coupled to the drawing vehicle with stay chains or cables of sufficient size and strength to prevent the towed vehicle's parting from the drawing vehicle.
   (d)   Every trailer or semitrailer, except pole and cable trailers and pole and cable dollies operated by a public utility, as defined in Ohio R.C. 5727.01, shall be equipped with a coupling device which shall be so designed and constructed that the trailer will follow substantially in the path of the vehicle drawing it, without whipping or swerving from side to side. Vehicles used to transport agricultural produce or agricultural production materials between a local place of storage and supply and the farm, when drawn or towed on a street or highway at a speed of twenty-five miles per hour or less, and vehicles designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less shall have a drawbar or other connection, including the hitch mounted on the towing vehicle, which shall be of sufficient strength to pull all the weight towed thereby. Only one such vehicle used to transport agricultural produce or agricultural production materials as provided in this section may be towed or drawn at one time, except as follows:
      (1)   An agricultural tractor may tow or draw more than one such vehicle;
      (2)   A pickup truck or straight truck designed by the manufacturer to carry a load of not less than one-half ton and not more than two tons may tow or draw not more than two such vehicles that are being used to transport agricultural produce from the farm to a local place of storage. No vehicle being so towed by such a pickup truck or straight truck shall be considered to be a motor vehicle.
(ORC 4513.32)
335.10 WHEEL PROTECTORS.
   No person shall drive or operate, or cause to be driven or operated, any commercial car, trailer or semitrailer, used for the transportation of goods or property, the gross weight of which, with load, exceeds three tons, upon the streets, bridges and culverts within this Municipality unless such vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels of such vehicle or combination of vehicles to prevent, as far as practicable, the wheels from throwing dirt, water or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-third of the distance from the center of the rearmost axle to the center of the flaps under any conditions of loading of the vehicle, and they shall be at least as wide as the tires they are protecting. If the vehicle is so designed and constructed that such requirements are accomplished by means of fenders, body construction or other means of enclosure, then no such protectors or flaps are required. Rear wheels not covered at the top by fenders, bodies or other parts of the vehicle shall be covered at the top by protective means extending at least to the center line of the rearmost axle.
(ORC 5577.11)
335.99 PENALTY.
   Whoever violates any provision of this chapter is guilty of a minor misdemeanor.
(Ord. 7-83. Passed 3-21-83.)
337.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Alcohol concentration" means the concentration of alcohol in a person's blood, breath or urine. When expressed as a percentage, it means grams of alcohol per the following:
      (1)   One hundred milliliters of whole blood, blood serum, or blood plasma;
      (2)   Two hundred ten liters of breath;
      (3)   One hundred milliliters of urine.
   (b)   “Commercial driver’s license” means a license issued in accordance with Ohio R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle.
   (c)   "Commercial motor vehicle" means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
      (1)   Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
      (2)   Any single vehicle with a gross vehicle weight or gross vehicle weight rating of 26,001 pounds or more;
      (3)   Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver;
      (4)   Any school bus with a gross vehicle weight or gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than sixteen passengers including the driver;
      (5)   Is transporting hazardous materials for which placarding is required under subpart F of 49 C.F.R. part 172, as amended;
      (6)   Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the Federal Motor Carrier Safety Administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
   (d)   "Controlled substance" means all of the following:
      (1)   Any substance classified as a controlled substance under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 802(6), as amended;
      (2)   Any substance included in schedules I through V of 21 C.F.R. part 1308, as amended;
      (3)   Any drug of abuse.
   (e)   "Disqualification" means any of the following:
      (1)   The suspension, revocation, or cancellation of a person’s privileges to operate a commercial motor vehicle;
      (2)   Any withdrawal of a person’s privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations;
      (3)   A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. 391.
   (f)   "Drive" means to drive, operate or be in physical control of a motor vehicle.
   (g)   "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license.
   (h)   "Driver's license" means a license issued by the Ohio Bureau of Motor Vehicles that authorizes an individual to drive.
   (i)   "Drug of abuse" means any controlled substance, dangerous drug as defined in Ohio R.C. 4729.01, harmful intoxicant as defined in Ohio R.C. 2925.01, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.
   (j)   "Employer" means any person, including the Federal Government, any state and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle.
   (k)   "Farm truck" means a truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than one hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock and poultry production, and livestock, poultry and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this subsection and is not used in the operations of a motor carrier, as defined in Ohio R.C. 4923.01..
   (l)   "Felony" means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this State, regardless of the penalty that may be imposed.
   (m)   "Foreign jurisdiction" means any jurisdiction other than a state.
   (n)   "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit.
   (o)   "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.
   (p)   "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail.
   (q)   "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, local, Canadian or Mexican jurisdiction declaring that a driver, commercial motor vehicle or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
   (r)   "Public safety vehicle" has the same meaning as in divisions (E)(1) and (3) of Ohio R.C. 4511.01.
   (s)   "Recreational vehicle" includes every vehicle that is defined as a recreational vehicle in Ohio R.C. 4501.01 and is used exclusively for purposes other than engaging in business for profit.
   (t)   "School bus" has the same meaning as in Ohio R.C. 4511.01.
   (u)   "State" means a state of the United States and includes the District of Columbia.
   (v)   "Tester" means a person or entity acting pursuant to a valid agreement entered into pursuant to Ohio R.C. 4506.09.
   (w)   "United States" means the fifty states and the District of Columbia.
   (x)   "Vehicle" has the same meaning as in Ohio R.C. 4511.01.
(ORC 4506.01)
337.02 EXEMPTIONS.
   Section 337.02 has been deleted from the Codified Ordinances. Former Ohio R.C. 4506.02 from which Section 337.02 was derived was repealed by Am. Sub. H.B. No. 68, effective June 29, 2005. The exemptions are now contained in Section 337.03 .
337.03 PREREQUISITES TO OPERATION OF A COMMERCIAL MOTOR VEHICLE.
   (a)   Except as provided in subsections (b) and (c) of this section, the following shall apply:
      (1)   No person shall drive a commercial motor vehicle on a highway in this Municipality unless the person holds, and has in the person’s possession, any of the following:
         A.   A valid commercial driver’s license with proper endorsements for the motor vehicle being driven, issued by the Registrar of Motor Vehicles, or by another jurisdiction recognized by this State;
         B.   A valid examiner’s commercial driving permit issued under Ohio R.C. 4506.13;
         C.   A valid restricted commercial driver’s license and waiver for farm-related service industries issued under Ohio R.C. 4506.24;
         D.   A valid commercial driver’s license temporary instruction permit issued by the Registrar, provided that the person is accompanied by an authorized state driver’s license examiner or tester or a person who has been issued and has in the person’s immediate possession a current, valid commercial driver’s license and who meets the requirements of Ohio R.C. 4506.06(B).
      (2)   No person who has been a resident of this State for thirty days or longer shall drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction.
   (b)   Nothing in subsection (a) of this section applies to any qualified person when engaged in the operation of any of the following:
      (1)   A farm truck;
      (2)   Fire equipment for a fire department, volunteer or nonvolunteer fire company, fire district, joint fire district or the Ohio Fire Marshal;
      (3)   A public safety vehicle used to provide transportation or emergency medical service for ill or injured persons;
      (4)   A recreational vehicle;
      (5)   A commercial motor vehicle within the boundaries of an eligible unit of local government, if the person is employed by the eligible unit of local government and is operating the commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, but only if either the employee who holds a commercial driver’s license issued under Ohio R.C. Chapter 4506 and ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle, or the employing eligible unit of local government determines that a snow or ice emergency exists that requires additional assistance;
      (6)   A vehicle operated for military purposes by any member or uniformed employee of the armed forces of the United States or their reserve components, including the Ohio national guard. This exception does not apply to United States reserved technicians.
      (7)   A commercial motor vehicle that is operated for nonbusiness purposes. “Operated for nonbusiness purposes” means that the commercial motor vehicle is not used in commerce as “commerce” is defined in 49 C.F.R. 383.5, as amended, and is not regulated by the Public Utilities Commission pursuant to Ohio R.C. Chapter 4905, 4921, or 4923.
      (8)   A motor vehicle that is designed primarily for the transportation of goods and not persons, while that motor vehicle is being used for the occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise.
      (9)   A police SWAT team vehicle.
      (10)   A police vehicle used to transport prisoners.
   (c)   Nothing contained in subsection (b)(5) of this section shall be construed as preempting or superseding any law, rule, or regulation of this State concerning the safe operation of commercial motor vehicles.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4506.03)
337.04 PROHIBITIONS.
   (a)   No person shall do any of the following:
      (1)   Drive a commercial motor vehicle while having in the person’s possession or otherwise under the person’s control more than one valid driver's license issued by this State, any other state or by a foreign jurisdiction;
      (2)   Drive a commercial motor vehicle on a highway in this Municipality in violation of an out-of-service order, while the person’s driving privilege is suspended, revoked or canceled, or while the person is subject to disqualification;
      (3)   Drive a motor vehicle on a highway in this Municipality under authority of a commercial driver's license issued by another state or a foreign jurisdiction, after having been a resident of this State for thirty days or longer.
      (4)    Knowingly give false information in any application or certification required by Ohio R.C. 4506.07;
      (5)    Knowingly provide false statements or engage in any fraudulent act related to testing for a commercial driver’s license as required in Ohio R.C. 4506.09.
   (b)   The Municipality shall give every conviction occurring out of this state and notice of which was received by the state Department of Public Safety after December 31, 1989, full faith and credit and treat it for sanctioning purposes under this chapter as though the conviction had occurred in this state. (ORC 4506.04(A), (B))
   (c)   No person shall drive any commercial motor vehicle for which an endorsement is required under Ohio R.C. 4506.12 unless the proper endorsement appears on the person’s commercial driver’s license or commercial driver’s license temporary instruction permit. No person shall drive a commercial motor vehicle in violation of a restriction established under Ohio R.C. 4506.12 that appears on the person’s commercial driver’s license or commercial driver’s license temporary instruction permit. (ORC 4506.12(I))
   (d)   (1)   Whoever violates subsection (a)(1), (a)(2) or (a)(3) of this section is guilty of a misdemeanor of the first degree.
      (2)    Whoever violates subsection (a)(4) of this section is guilty of falsification, a misdemeanor of the first degree. In addition, the provisions of Ohio R.C. 4507.19 apply.
      (3)    Whoever violates subsection (a)(5) of this section is guilty of falsification, a misdemeanor of the third degree. In addition, the provisions of Ohio R.C. 4507.19 apply. (ORC 4506.04(C))
      (4)    A.   Whoever violates subsection (c) of this section is guilty of a misdemeanor of the first degree.
         B.   The offenses established under subsection (c) of this section are strict liability offenses and Ohio R.C. 2901.20 does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense for which there is no specified degree of culpability, whether in this section or another section of this code or the Ohio Revised Code, is not a strict liability offense. (ORC 4506.12(J))
337.05 CRIMINAL OFFENSES.
   (a)   No person who holds a commercial driver’s license, or commercial driver’s license temporary instruction permit or who operates a motor vehicle for which a commercial driver’s license or permit is required shall do any of the following:
      (1)   Drive a commercial motor vehicle while having a measureable or detectable amount of alcohol or of a controlled substance in the person's blood, breath or urine;
      (2)   Drive a commercial motor vehicle while having an alcohol concentration of four-hundredths of one per cent or more by whole blood or breath;
      (3)   Drive a commercial motor vehicle while having an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma;
      (4)   Drive a commercial motor vehicle while having an alcohol concentration of fifty-six-thousandths of one per cent or more by urine;
      (5)   Drive a motor vehicle while under the influence of a controlled substance;
      (6)   Drive a motor vehicle in violation of Ohio R.C. 4511.19 or a municipal OVI ordinance as defined in Ohio R.C. 4511.181;
      (7)   Use a motor vehicle in the commission of a felony;
      (8)   Refuse to submit to a test under Ohio R.C. 4506.17 or 4511.191;
      (9)   Operate a commercial motor vehicle while the person’s commercial driver’s license or permit or other commercial driving privileges are revoked, suspended, canceled, or disqualified;
      (10)   Cause a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the offenses of aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter;
      (11)   Fail to stop after an accident in violation of Sections 331.07, 331.08 or 331.101;
      (12)   Drive a commercial motor vehicle in violation of any provision of Ohio R.C. 4511.61 to 4511.63 or any federal or local law or ordinance pertaining to railroad-highway grade crossings;
      (13)   Use a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance as defined in Ohio R.C. 3719.01 or the possession with intent to manufacture, distribute, or dispose a controlled substance.
      (14)   Use a commercial motor vehicle in the commission of a violation of Ohio R.C. 2905.32 or any other substantially equivalent offense established under federal law or the laws of another state.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
   (c)   The offense established under subsection (a) of this section are strict liability offenses and Ohio R.C. 2901.20 does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(ORC 4506.15)
337.06 EMPLOYMENT OF DRIVERS OF COMMERCIAL VEHICLES.
   (a)   Each employer shall require every applicant for employment as a driver of a commercial motor vehicle to provide the information specified in Ohio R.C. 4506.19.
   (b)   No employer shall knowingly permit or authorize any driver employed by the employer to drive a commercial motor vehicle during any period in which any of the following apply:
      (1)   The driver's commercial driver's license is suspended, revoked or canceled by any state or a foreign jurisdiction;
      (2)   The driver has lost the privilege to drive, or currently is disqualified from driving, a commercial motor vehicle in any state or foreign jurisdiction;
      (3)   The driver is subject to an out-of-service order in any state or a foreign jurisdiction;
      (4)   The driver has more than one driver's license.
   (c)   No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle in violation of Section 337.05.
   (d)   No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle if the driver does not hold a valid, current commercial driver’s license or commercial driver’s license temporary instruction permit bearing the proper class or endorsements for the vehicle. No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle in violation of the restrictions on the driver’s commercial driver’s license or commercial driver’s license temporary instruction permit.
   (e)   (1)   Whoever violates subsection (a), (b) or (d) of this section is guilty of a misdemeanor of the first degree.
      (2)   Whoever violates subsection (c) of this section may be assessed a fine not to exceed ten thousand dollars. (ORC 4506.20)
341.01 STOPPING, STANDING AND PARKING ON MAIN TRAVELED PART OF STREET; DISABLED VEHICLES.
   (a)   Upon every street outside of a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the street when it is practicable to stop, park or so leave such vehicle off the paved or main traveled part of the street. In every event a clear and unobstructed portion of the street opposite such standing vehicle shall be left for the free passage of other vehicles, and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such street.
   (b)   This section shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a street in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
(ORC 4511.66; Ord. 7-83. Passed 3-21-83.)
341.02 REMOVAL OF ILLEGALLY PARKED OR OBSTRUCTING VEHICLE.
   (a)    Whenever any police officer finds a vehicle standing upon a street in violation of any of the provisions of Section 341.01, such officer may move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or improved or main traveled part of such street.
   (b)    Whenever any police officer finds a vehicle unattended upon any street, bridge or causeway, or in any tunnel, where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle to the nearest garage or other place of safety.
(ORC 4511.67; Ord. 7-83. Passed 3-21-83.)
341.03 RESTRICTED PARKING AREAS.
   No person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or with the provisions of this Code, or while obeying the directions of a police officer or a traffic control device, in any of the following places:
   (1)    On a sidewalk, except a bicycle;
   (2)    In front of a public or private driveway;
   (3)    Within an intersection;
   (4)    Within ten feet of a fire hydrant;
   (5)    On a crosswalk;
   (6)    Within twenty feet of a crosswalk at an intersection;
   (7)    Within thirty feet upon the approach to any flashing beacon, stop sign or traffic control device;
   (8)    Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by a traffic control device;
   (9)    Within fifty feet of the nearest rail of a railroad crossing;
   (10)    Within twenty feet of the 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 such entrance when it is properly posted with signs;
   (11)    Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;
   (12)    Alongside any vehicle stopped or parked at the edge or curb of a street;
   (13)    Upon any bridge or other elevated structure upon a street;
   (14)    At any place where signs prohibit stopping;
   (15)    Within one foot of another parked vehicle;
   (16)    On the grass divider strip between the curb and sidewalk;
   (17)    On the grass area between the curb and lot line.
   (18)    On the grass in any public park;
   (19)    On the roadway portion of a freeway, expressway or thruway.
      (Ord. 18-87. Passed 3-2-87.)
   (20)   Within five feet of a community mailbox (four or more mailboxes grouped together in one location).
(Ord. 25-17. Passed 8-7-17.)
341.04 MANNER OF PARKING VEHICLE.
   (a)    Except where angle parking is permitted, every vehicle stopped or parked upon a street where there is an adjacent curb shall be stopped or parked with the right-hand wheels of such vehicle parallel with and not more than twelve inches from the right-hand curb unless it is impossible to approach so close to the curb; in such case the stop shall be made 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)   (1)   A.   Except as provided in subsection (c)(1)B. hereof, no vehicle shall be stopped or parked on a road or highway with the vehicle facing in a direction other than the direction of travel on that side of the road or highway.
         B.   The operator of a motorcycle may back the motorcycle into an angled parking space so that when the motorcycle is parked it is facing in a direction other than the direction of travel on the side of the road or highway.
      (2)   The operator of a motorcycle may back the motorcycle into a parking space that is located on the side of, and parallel to, a road or highway. The motorcycle may face any direction when so parked. Not more than two motorcycles at a time shall be parked in a parking space as described in subsection (c)(2) of this section irrespective of whether or not the space is metered.
   (c)    Notwithstanding any other provisions of this Traffic Code, 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 and as necessary in order to perform such work, provided a flagman is on duty or warning signs or lights are displayed.
(ORC 4511.69; Ord. 7-83. Passed 3-21-83.)
341.05 LEAVING VEHICLE UNATTENDED.
   (a)   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 do not apply to any of the following:
      (1)   A motor vehicle that is parked on residential property;
      (2)   A motor vehicle that is locked, regardless of where it is parked;
      (3)   An emergency vehicle;
      (4)   A public safety vehicle. (ORC 4511.661)
341.06 PROHIBITED PARKING OF LARGE VEHICLES, TRACTORS, TRAILERS OR RECREATIONAL VEHICLES ON CITY STREETS.
   No person shall park a large vehicle, tractor, trailer or recreational vehicle on any local street, alley and/or public right-of-way within the business and residential districts of the City.
   (a)   Definitions. For this section, the following definitions apply:
      (1)   Large Vehicle. Any vehicle of more than 22 feet in total overall length, or 7 feet in width (excluding mirrors) or 8 feet in height. All such measurements shall include any load being carried on the vehicle. This section shall not apply to those trucks commonly known as pick-up trucks unless it exceeds the listed size limits and has dual wheels on each side of the rear axle or exceeds the listed size limits and has more than two axles.
      (2)   Tractor. Any commercial tractor, agricultural tractor or multi-wheel agricultural tractor as defined in Ohio R.C. 4511.01.
      (3)   Trailer. Any trailer, semitrailer, pole trailer and trailer dolly as defined in Ohio R.C. 4511.01. All trailers, whether commercially manufactured or homemade, are included in the definition for this section.
      (4)   Recreational Vehicle. Any vehicle, with or without motive power, designed or intended principally for recreational use, including, but not limited to, travel trailers, campers, mobile homes, motor homes, truck campers, house trailers, boats, dirt bikes, wet bikes, snow mobiles and all terrain vehicles. This section also includes all vehicles listed in Section 1128.145.
   (b)   Exceptions. This shall not apply to the following:
      (1)   A public safety vehicle being used in the line of duty.
      (2)   A vehicle owned by a governmental entity or any vehicle being used as part of any public installation, construction, maintenance work or an approved event.
      (3)   A vehicle stopped for the purpose of loading or unloading goods, merchandise or passengers, or while its operator is actively involved in a commercial service call.
      (4)   Parking that is necessary in connection with construction, development or repair work for which any required permits have been obtained and they are actively working at that location.
      (5)   Residents who rent or lease a commercial moving vehicle for the purpose of moving their personal or household goods, shall have a 48 hour period of parking in front of their residence to complete the loading or unloading of those goods. (Ord. 13-14. Passed 4-21-14.)
341.07 PARKING VEHICLES WITHOUT PLATES OR WITH IMPROPER PLATES; IMPOUNDING.
   No person shall park or leave standing on any street any vehicle without license plates or with expired or improper license plates. Such vehicle shall be subject to impounding under the provisions of Section 303.11, in addition to any other penalties applicable under this Code.
(Ord. 25-94. Passed 7-5-94.)
341.08 UNLAWFUL DISPLAY OF VEHICLES.
   No person shall park upon a street any vehicle displayed for sale, or operate or park on any street any vehicle for the primary purpose of displaying advertising.
(Ord. 7-83. Passed 3-21-83.)
341.09 REPAIRING VEHICLES ON STREET PROHIBITED.
   It shall be unlawful upon any street to repair, wash, polish or clean any vehicle, or to park any vehicle for the purpose of so doing. This section shall not be construed to prohibit the making of such necessary emergency repairs as will permit a vehicle to proceed.
(Ord. 7-83. Passed 3-21-83.)
341.10 CONDUCTING BUSINESS FROM PARKED VEHICLE PROHIBITED.
   No owner or operator of any vehicle shall use such vehicle or permit the same to be used on the streets and public places of the City for the manufacture or repair of shoes, clothing, furniture, metal ware, tools or other articles of personal or household use.
(Ord. 7-83. Passed 3-21-83.)
341.11 COPY OF REGISTRATION; PROOF OF OWNERSHIP.
   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 Registrar or Deputy Registrar of Motor Vehicles for the State shows that the license plate was issued to the defendant, shall be prima-facie evidence that the vehicle which was unlawfully parked was so parked by the defendant. A certified copy, showing such fact, from the Registrar or Deputy Registrar shall be proof of such ownership.
(Ord. 7-83. Passed 3-2 11 -83. )
341.12 OUTDOOR STORAGE OF UNLICENSED OR JUNK MOTOR VEHICLES; IMPOUNDING.
   (a)    Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
      (1)   "Storage" means the outdoor storage of an unlicensed or junk motor vehicle upon any private lot or parcel of property for a continuous period of five days or over during which time the vehicle is not in use.
      (2)   "Unlicensed vehicle" means a motor vehicle that does not display a valid registration.
      (3)   "Junk motor vehicle" means any motor vehicle meeting all of the following requirements:
         A.    Three years old or older;
         B.    Extensively damaged, such damage including, but not limited to any of the following:
            1.    Missing wheel;
            2.    Missing tire;
            3.    Missing motor;
            4.    Missing transmission; and
         C.    Apparently inoperable.
      (4)    "Private property" means any real property within the City which is privately owned.
      (5)    "Vehicle and motor vehicle" are used synonymously; however, their respective meaning is the same as in Ohio R.C. 4511.0l(A) and (B).
   (b)    Storing Unlicensed or Junk Motor Vehicles. No person shall store or permit to be stored for a period of more than five days an unlicensed or junk motor vehicle or any part or parts thereof, upon any private property other than that of a junk dealer, a licensed automobile dealer, commercial garage or repair shop, operated in a lawful manner unless it shall be in a completely enclosed building or garage. The Police Department is authorized to serve notice on property owners or persons in possession of such private property upon which an unlicensed or junk motor vehicle, or any part or parts thereof, is stored. Such period of five days shall commence to run the next day following the service of such notice. Any person who is the owner or in charge or possession of such private property on which such unlicensed or junk motor vehicle or part or parts thereof, are stored outside, and who fails to remove the same after notice as aforesaid shall, upon conviction therefore, be guilty of a minor misdemeanor. Each day's continuance of the violation shall constitute a separate offense.
   If no person in charge or control of any such property can be found, notice may be published once in a newspaper for general circulation. Such vehicle shall be removed within five days after such publication.
   (c)    Impoundment of Unlicensed or Junk Vehicle. After the five days notice by written warning has expired and a summons issued or after the five day notice by newspaper publication has expired, the Chief of Police or any member of his Department designated by him, is authorized to remove or have removed any vehicle left on such private property within the City which is a violation of this section. Such vehicle shall be impounded and disposed of pursuant to the procedures contained in Ohio R.C. 4513.61 and 4513.62, for notice to the owner of the vehicle and/or lienholder, reclaiming of the vehicle by the owner or lienholder and disposition of the vehicle.
(Ord. 7-06. Passed 2-20-06.)
341.13 MAXIMUM CONSECUTIVE PARKING HOURS.
   No person shall park a motor vehicle on the streets of the City in excess of forty-eight consecutive hours. Nothing in this section shall be interpreted to permit parking of motor vehicles where prohibited or relaxing the restrictions on parking of motor vehicles by the ordinances of the City, or the statutes of the State. When any police officer finds a vehicle which is parked in violation of the provisions of this section, such officer may provide for the removal of such vehicle to the nearest garage or other place of safety.
(Ord. 7-83. Passed 3-21-83.)
341.14 PARKING NEAR CURB; HANDICAPPED LOCATIONS ON PUBLIC AND PRIVATE LOTS AND GARAGES.
   (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 the 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)   (1)   This subsection 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.
      (2)   A.   No angled parking space that is located on a state route within a municipal corporation is subject to elimination, irrespective of whether there is or is not at least twenty-five feet of unoccupied roadway width available for free-moving traffic at the location of that angled parking space, unless the municipal corporation approves of the elimination of the angled parking space.
         B.   Replacement, repainting or any other repair performed by or on behalf of the municipal corporation of the lines that indicate the angled parking space does not constitute an intent by the municipal corporation to eliminate the angled parking space.
 
   (c)   (1)   A.   Except as provided in subsection (c)(1)B. hereof, no vehicle shall be stopped or parked on a road or highway with the vehicle facing in a direction other than the direction of travel on that side of the road or highway.
   B.   The operator of a motorcycle may back the motorcycle into an angled parking space so that when the motorcycle is parked it is facing in a direction other than the direction of travel on the side of the road or highway.
      (2)   The operator of a motorcycle may back the motorcycle into a parking space that is located on the side of, and parallel to, a road or highway. The motorcycle may face any direction when so parked. Not more than two motorcycles at a time shall be parked in a parking space as described in subsection (c)(2) of this section irrespective of whether or not the space is metered.
   (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 flagperson is on duty, or warning signs or lights are displayed as may be prescribed by the Ohio Director of Transportation.
 
   (e)   Special 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 Municipality and all agencies and instrumentalities thereof at all offices and facilities, where 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 reasonably close to exits, entrances, elevators and ramps. All elevated signs posted in accordance with this subsection and Ohio R.C. 3781.111 (C) shall be mounted on a fixed or movable post, and the distance from the ground to the bottom edge of the sign shall measure not less than five feet. If a new sign or a replacement sign designating a special parking location is posted on or after October 14, 1999, there also shall be affixed upon the surface of that sign or affixed next to the designating sign a notice that states the fine applicable for the offense of parking a motor vehicle in the special designated parking location if the motor vehicle is not legally entitled to be parked in that location.
 
   (f)   (1)   A.   No person shall stop, stand or park any motor vehicle at special parking locations provided under subsection (e) hereof, or at special clearly marked parking locations provided in or on privately owned parking lots, parking garages, or other parking areas and designated in accordance with subsection (e) hereof, unless one of the following applies:
            1.   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 valid removable windshield placard or special license plates;
            2.   The motor vehicle is being operated by or for the transport of a handicapped person and is displaying a parking card or special handicapped license plates.
         B.   Any motor vehicle that is parked in a special marked parking location in violation of subsection (f)(1)A. of this section may be towed or otherwise removed from the parking location by the Police Department. A motor vehicle that is so towed or removed shall not be released to its owner until the owner presents proof of ownership of the motor vehicle and pays all towing and storage fees normally imposed by the Municipality for towing and storing motor vehicles. If the motor vehicle is a leased vehicle, it shall not be released to the lessee until the lessee presents proof that that person is the lessee of the motor vehicle and pays all towing and storage fees normally imposed by the Municipality for towing and storing motor vehicles.
         C.   If a person is charged with a violation of subsection (f)(1)A. of this section, it is an affirmative defense to the charge that the person suffered an injury not more than seventy-two hours prior to the time the person was issued the ticket or citation and that, because of the injury, the person meets at least one of the criteria contained in Ohio R.C. 4503.44(A)(1).
      (2)   No person shall stop, stand or park any motor vehicle in an area that is commonly known as an access aisle, which area is marked by diagonal stripes and is located immediately adjacent to a special parking location provided under subsection (e) of this section or at a special clearly marked parking location provided in or on a privately owned parking lot, parking garage, or other parking area and designated in accordance with that subsection.
 
   (g)   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 parking card or special handicapped license plates, the motor vehicle is permitted to park for a period of two hours in excess of the legal parking period permitted by local authorities, except where local ordinances or police rules provide otherwise or where the vehicle is parked in such a manner as to be clearly a traffic hazard.
 
   (h)   As used in this section:
      (1)   "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 without the aid of crutches or a wheelchair, or whose mobility is restricted by a permanent cardiovascular, pulmonary or other handicapping condition.
      (2)   "Person with a disability that limits or impairs the ability to walk" has the same meaning as in Ohio R.C. 4503.44.
      (3)   "Special license plates" and "removable windshield placard" mean any license plates or removable windshield placard or temporary removable windshield placard issued under Ohio R.C. 4503.41 or 4503.44, 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.
 
   (i)   (1)   Whoever violates subsection (a) or (c) of this section is guilty of a minor misdemeanor.
      (2)   A.   Whoever violates subsection (f)(1)A.1. or 2. of this section is guilty of a misdemeanor and shall be punished as provided in subsection (i)(2)A. and B. of this section. Except as otherwise provided in subsection (i)(2)A. of this section, an offender who violates subsection (f)(1)A.1. or 2. of this section shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). An offender who violates subsection (f)(1)A.1. or 2. of this section shall be fined not more than one hundred dollars ($100.00) if the offender, prior to sentencing, proves either of the following to the satisfaction of the court:
            1.   At the time of the violation of subsection (f)(1)A.1. of this section, the offender or the person for whose transport the motor vehicle was being operated had been issued a removable windshield placard that then was valid or special license plates that then were valid but the offender or the person neglected to display the placard or license plates as described in subsection (f)(1)A.1. of this section.
            2.   At the time of the violation of subsection (f)(1)A.2. of this section, the offender or the person for whose transport the motor vehicle was being operated had been issued a parking card that then was valid or special handicapped license plates that then were valid but the offender or the person neglected to display the card or license plates as described in subsection (f)(1)A.2. of this section.
         B.   In no case shall an offender who violates subsection (f)(1)A.1. or 2. of this section be sentenced to any term of imprisonment.
An arrest or conviction for a violation of subsection (f)(1)A. or B. of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness. (ORC 4511.69)
      (3)   Whoever violates subsection (f)(2) of this section shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
   (j)   The City Manager shall provide and designate special parking locations at municipal offices and parking lots and in existing angle, parallel or perpendicular parking areas in public streets. Such locations shall be reasonably close to exits, entrances and ramps.
(Ord. 9-01. Passed 2-5-01.)
341.15 MAXIMUM CONSECUTIVE PARKING; JUNK AND UNLICENSED VEHICLES ON MUNICIPAL PARKING LOTS.
   (a)    No person shall park any motor vehicIe in any municipal parking lot for a period of time in excess of forty-eight consecutive hours.
   (b)    No person shall park a motor vehicle which is inoperable, has no license plates or has expired license plates in any municipal parking lot at any time.
(Ord. 25-94. Passed 7-5-94.)
341.16 PROHIBITING VEHICLE IMMOBILIZATION BY PRIVATE PROPERTY OWNERS.
   (a)   As used in this section:
      (1)   “Immobilize” means the use of locking wheel boot that, when attached to the wheel of a vehicle prevents the vehicle from moving without damage to the tire to which the locking wheel boot is attached.
   (b)   A property owner shall not immobilize any vehicle owned by a person other than the property owner.
   (c)   This section does not apply to property owned by the state or any unit of local government.
(d)   Whoever violates this section is guilty of a minor misdemeanor for a first
offense and any subsequent offense is a misdemeanor of the fourth degree.
(Ord. 29-06. Passed 8-21-06.)
341.17 PARKING IN ELECTRIC VEHICLE CHARGING STATIONS.
   No person shall park or leave standing a vehicle in a stall or space designated for electric vehicle charging unless the vehicle is connected for electric charging purposes.
(Ord. 2-22. Passed 2-21-22.)
341.18 ACCESSIBLE PARKING STALLS ON PUBLIC STREETS FOR DISABLED RESIDENTS.
   The City Engineer shall provide and designate special parking stalls on public streets for disabled residents who do not have access to off-street parking. These special parking stalls shall be as close as practical to the citizens residence and be marked as either a standard ADA parking stall as defined in Section 341.14(e) or a special stall with modified no parking signs and requiring a City of Fairborn ADA placard clearly visible through the windshield of the vehicle. (Ord. 2-22. Passed 2-21-22.)
341.99 PENALTY.
   (a)    Whoever violates Sections 341.01, 341.02, 341.03, 341.04, 341.06, 341.07, 341.08, 341.13, 341.15. or 341.17, is guilty of a misdemeanor and shall be fined ten dollars ($10.00) if the violator reports to the Police Department within forty-eight hours from the time noted on the ticket placed on his vehicle; otherwise, after the expiration of forty-eight hours, the violator shall be fined fifteen dollars ($15.00).
   (b)    Whoever violates Section 341.05, 341.09, 341.10 or 341.12 is guilty of a minor misdemeanor.
   (c)    Whoever violates Section 341.14 or 341.18 is guilty of a misdemeanor and shall be fined twenty-five dollars ($25.00) if the violator reports to the Police Department within forty-eight hours from the time noted on the ticket placed on his vehicle; otherwise, after the expiration of forty-eight hours, the violator shall be fined fifty dollars ($50.00). (Ord. 12-23. Passed 3-20-23.)
343.01 DEFINITIONS.
   As used in this chapter:
   (a)   “Motor vehicle” means any device propelled by power in, upon or by which any person or property is or may be transported upon a public street, except a device which is operated upon rails or tracks.
   (b)   “Park” means to permit a vehicle to stand upon the street, whether such vehicle is occupied or not and whether such vehicle is accompanied or not by an operator, for a period of time in excess of two minutes.
   (c)   “Holiday” means each and all of the following:
      New Year’s Day
      Memorial Day
      Independence Day
      Labor Day
      Thanksgiving Day
      Christmas Day.
      (Ord. 7-83. Passed 3-21-83.)
343.02 ASH DRIVE.
   It shall be unlawful to park any motor vehicle at any time on either side of Ash Drive between West Street and Third Street.
(Ord. 7-83. Passed 3-21-83.)
343.03 BROAD STREET.
   It shall be unlawful to park any motor vehicle at any time on either side of Broad Street between the north corporation limits and the south corporation limits.
(Ord. 7-83. Passed 3-21-83.)
343.04 CEDAR DRIVE.
   It shall be unlawful to park any motor vehicle at any time on either side of Cedar Drive between West Street and Third Street.
(Ord. 47-18. Passed 11-5-18.)
343.05 CENTRAL AVENUE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the west side of South Central Avenue from Kauffman Avenue to a point 173 feet south of the south curb line extended of West Main Street.
   (b)   It shall be unlawful to park any motor vehicle at any time on the east side of South Central Avenue from a point 301 feet southwardly from the south curb line of Powell Avenue extended, such 301 feet being measured along the existing curb line, to a point 130 feet south of the south curb line extended of East Main Street.
   (c)   Except on Sundays and holidays it shall be unlawful to park any motor vehicle between the hours of 8:00 a.m. and 6:00 p.m., for a longer period of time than two consecutive hours:
      (1)   On the west side of South Central Avenue from a point 173 feet south of the south curb line extended of West Main Street to a point fifty feet south thereof.
      (2)   On the east side of South Central Avenue from a point 130 feet south of the south curb line extended of East Main Street to a point thirty-three feet south thereof.
      (3)   On the west side of North Central Avenue from a point thirty-three feet north of the north curb line extended of West Main Street to a point 144 feet north thereof.
      (4)   On the east side of North Central Avenue from a point fifty feet north of the north curb line extended of East Main Street to a point 166 feet north thereof.
   (d)   It shall be unlawful to park any motor vehicle at any time on the west side of North Central Avenue from a point 144 feet north of the north curb line extended of West Main Street to the north corporate limit.
   (e)   It shall be unlawful to park any motor vehicle at any time on the east side of North Central Avenue from a point 166 feet north of the north curb line extended of East Main Street to the north corporate limit.
(Ord. 7-00. Passed 2-7-00.)
   (f)   It shall be unlawful to park any motor vehicle at any time on the west side of South Central Avenue from Garland Avenue to a point eighty feet north of the north curb line extended of West Doris Drive.
(Ord. 7-83. Passed 3-21-83.)
   (g)   It shall be unlawful to park any motor vehicle at any time on the west side of South Central Avenue from a point ninety feet north of the north curb line extended of Parkwood Drive to a point ninety feet south of the south curb line extended of Parkwood Drive.
   (h)   It shall be unlawful to park any motor vehicle at any time on the east side of South Central Avenue from a point ninety feet north of the north curb line extended of Parkwood Drive to a point 105 feet south of the south curb line extended of Parkwood Drive.
   (i)   It shall be unlawful to park any motor vehicle at any time on either side of South Central Avenue from a point ninety feet north of the north curb line extended of Lindberg Drive to a point ninety feet south of the south curb line extended of Lindberg Drive.
(Ord. 15-83. Passed 4-18-83.)
343.06 CLOVER STREET.
   (a)   It shall be unlawful to park any motor vehicle at any time on either side of Clover Street form West Street to Broad Street and on the north side of Clover Street from Broad Street to Lynn Drive, except that parking shall be permitted on the north side of Clover Street from Broad Street east a distance of sixty-eight feet for no longer than fifteen consecutive minutes during the hours from 8:00 a.m. to 6:00 p.m.
   (b)   It shall be unlawful to park any motor vehicle at any time on the south side of Clover Street from the east curb line extended of Broad Street to a point 90 feet east thereof.
(Ord. 10-06. Passed 3-20-06.)
343.07 DAYTON DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on either side of Dayton Drive from Broad Street to Xenia Drive.
   (b)   It shall be unlawful to park any motor vehicle at any time on the west side of East Dayton Drive from the intersection of the west curb line of East Dayton Drive and Adams Street to a point thirty-five feet southwestwardly therefrom.
   (c)   It shall be unlawful to park any motor vehicle at any time on the west side of East Dayton Drive from the bridge crossing over Hebble Creek southwardly and westwardly to the north curb line of East Xenia Drive.
(Ord. 47-18. Passed 11-5-18.)
343.08 ELDER DRIVE.
   It shall be unlawful to park any motor vehicle at any time on either side of Elder Drive between West Street and Third Street.
(Ord. 7-83. Passed 3-21-83.)
343.09 ERIE AVENUE.
   It shall be unlawful to park any motor vehicle at any time on the north side of Erie Avenue from South Maple Avenue to the east property line of Osborn Park.
(Ord. 47-18. Passed 11-5-18.)
343.10 FIRST STREET.
   It shall be unlawful to park any motor vehicle at any time on the east side of First Street between Clover Street and Xenia Drive.
(Ord. 47-18. Passed 11-5-18.)
343.11 HEBBLE AVENUE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the north side of West Hebble Avenue from the west curb line extended of North Central Avenue west a distance of 120 feet and from a point 585 feet west to the east curb line extended of North Broad Street and on the south side of West Hebble Avenue throughout its entirety.
   (b)   It shall be unlawful to park any motor vehicle at any time on the north side of East Hebble Avenue from the east curb line extended of North Central Avenue east a distance of 165 feet and on the south side of East Hebble Avenue from the east curb line extended of North Central Avenue east a distance of fifty-five feet.
Ord. 7-83. Passed 3-21-83.)
343.12 IOLA LANE.
   It shall be unlawful to park any motor vehicle at any time on either side of Iola Lane throughout its entirety.
(Ord. 7-83. Passed 3-21-83.)
343.13 KOOGLER STREET.
   It shall be unlawful to park any motor vehicle at any time on either side of Koogler Street between First Street and Second Street.
(Ord. 7-83. Passed 3-21-83.)
343.14 MAIN STREET.
   (a)   Except on Sundays and holidays, it shall be unlawful to park any motor vehicle between the hours of 8:00 a.m. and 6:00 p.m. for a longer period of time than two consecutive hours:
      (1)   On the north side of West Main Street from a point 200 feet east of the east curb line projected of North Broad Street to North Central Avenue.
      (2)   On the south side of West Main Street from a point 157 feet east of the east curb line projected of South Broad Street to a point sixty feet east of the east curb line projected of Miller Avenue.
      (3)   On the south side of West Main Street from a point 135 feet west of the west curb line projected of South Wright Avenue to South Central Avenue.
      (4)   On the north side of East Main Street from North Central Avenue to North Pleasant Avenue.
      (5)   On the south side of East Main Street from South Central Avenue to South Pleasant Avenue.
      (6)   At the center parking island on West Main Street.
      (7)   At the center parking island on East Main Street.
   (b)   It shall be unlawful to park any motor vehicle at any time on the north side of Main Street between Broad Street and a point 200 feet east of the east curb line of Broad Street.
   (c)   It shall be unlawful to park any motor vehicle at any time on the south side of Main Street between Broad Street and a point 150 feet east of the east curb line of Broad Street.
   (d)   It shall be unlawful to park any motor vehicle at any time on the south side of West Main Street from a point sixty feet east of the east curb line extended of Miller Avenue to a point 135 feet west of the west curb line extended of Wright Avenue.
   (e)   It shall be unlawful to park any motor vehicle at any time on the north side of East Main Street between Pleasant Avenue and the east line of Lot 96, Osborn Removal Plat.
   (f)   It shall be unlawful to park any motor vehicle at any time on the north side of East Main Street between a point 115 feet east of the east curb line of North Maple Avenue and a point 145 feet west of the west curb line of North Maple Avenue.
   (g)   It shall be unlawful to park any motor vehicle at any time on the south side of East Main Street between a point 120 feet east of the east curb line of South Maple Avenue and a point 163 feet west of the west curb line of South Maple Avenue.
(Ord. 12-23. Passed 3-20-23.)
343.15 MAPLE AVENUE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the west side of Maple Avenue from the south curb line of Mann Avenue extended to the north curb line of Dayton-Yellow Springs Road extended and on the east side of Maple Avenue from the south curb line of Mann Avenue extended to a point 140 feet south of the south curb line of East Xenia Drive extended.
   (b)   (EDITOR’S NOTE: Former subsection (b) was deleted by Ordinance 2-22, passed February 21, 2022.)
   (c)   It shall be unlawful to park any motor vehicle at any time on the east side of North Maple Avenue from the north curb line of East Whittier Avenue to a point 138 feet north and from south right-of-way line of North Broad Street to a point 515 feet south, and on the west side of North Maple Avenue from the south curb line of East Whittier Avenue to a point 50 feet south.
   (d)   (EDITOR’S NOTE: Former subsection (d) was deleted by Ordinance 2-22, passed February 21, 2022.)
   (e)   It shall be unlawful to park any motor vehicle at any time on the west side of North Maple Avenue from Broad Street to a point fifty-five feet south of the south curb line extended of Meadow Drive.
   (f)   It shall be unlawful to park any motor vehicle at any time on the east side of Maple Avenue from the south curb line of East Main Street extended to the north curb line extended of Dayton-Yellow Springs Road.
(Ord. 2-22. Passed 2-21-22.)
343.16 MILLER AVENUE.
   It shall be unlawful to park any motor vehicle at any time on the east side of Miller Avenue from the north curb line of West Main Street to a point 290 feet north of such north curb line, and on the west side of Miller Avenue from the north curb line to a point 140 feet north thereof.
(Ord. 47-18. Passed 11-5-18.)
343.17 CYPRESS DRIVE.
   It shall be unlawful to park any motor vehicle at any time on either side of Cypress Drive between West Street and Third Street.
(Ord. 47-18. Passed 11-5-18.)
343.18 PARK LANE.
   It shall be unlawful to park any motor vehicle at any time on either side of Park Lane throughout its entirety.
(Ord. 7-83. Passed 3-21-83.)
343.19 LEGION LANE.
   It shall be unlawful to park any motor vehicle at any time on either side of Legion Lane between West Street and Third Street.
(Ord. 24-96. Passed 4-15-96.)
343.20 PLEASANT AVENUE.
   (a)    It shall be unlawful to park any motor vehicle on the west side of Pleasant Avenue between the hours of 8:00 aims and 6:00 p.m., except on Sundays and holidays.
   (b)    It shall be unlawful to park any motor vehicle at any time on the east side of Pleasant Avenge between East Main Street and a point 74 feet north of the north curb line of East Main Street extended.
(Ord. 47-18. Passed 11-5-18.)
343.21 SECOND STREET.
   (a)   It shall be unlawful to park any motor vehicle at any time on the west side of Second Street from a point twenty feet south of the south curb line extended of West Dayton Drive to Xenia Drive. (Ord. 5-04. Passed 1-20-04.)
   (b)   It shall be unlawful to park any motor vehicle at any time on the east side of Second Street from the north curb line of Main Street extended to a point seventy feet north of the north curb line extended of Main Street.
(Ord. 22-98. Passed 6-15-98.)
343.22 SLIP LANE.
   It shall be unlawful to park any motor vehicle at any time on either side of Slip Lane throughout its entirety.
(Ord. 7-83. Passed 3-21-83.)
343.23 SPRUCE DRIVE.
   It shall be unlawful to park any motor vehicle at any time on either side of Spruce Drive throughout its entirety.
(Ord. 7-83. Passed 3-21-83.)
343.24 TACOMA LANE.
   It shall be unlawful to park any motor vehicle at any time on either side of Tacoma Lane throughout its entirety.
(Ord. 7-83. Passed 3-21-83.)
343.25 TECUMSEH LANE.
   It shall be unlawful to park any motor vehicle at any time on either side of Tecumseh Lane through its entirety.
(Ord. 7-83. Passed 3-21-83.)
343.26 THIRD STREET.
   (a)   It shall be unlawful to park any motor vehicle at any time on either side of Third Street between Xenia Drive and Clover Street.
   (b)   It shall be unlawful to park any motor vehicle at any time on either side of Third Street from Hebble Avenue to a point 300 feet south of the south curb line of Hebble Avenue extended.
(Ord. 22-20. Passed 8-6-20.)
343.27 WHITTIER AVENUE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the south side of East Whittier Avenue, from Maple Avenue east to the east line of the School Administration Property.
   (b)   It shall be unlawful to park any motor vehicle at any time on the north side of East Whittier Avenue between Maple Avenue and Lincoln Drive.
(Ord. 30-25. Passed 11-17-25.)
343.28 WRIGHT AVENUE.
   (a)   It shall be unlawful to park any motor vehicle between the hours of 8:00 a.m. and 6:00 p.m. on the east side of North Wright Avenue between a point 250 feet north of Main Street and Xenia Drive.
   
   (b)   It shall be unlawful to park any motor vehicle at any time on the east side of South Wright Avenue between Dayton Drive and Main Street.
   
   (c)   It shall be unlawful to park any motor vehicle at any time on the east side of North Wright Avenue between Main Street and a point 250 feet north of the north curb line of Main Street.
   (d)   Except on Sundays and holidays, it shall be unlawful to park any motor vehicle between the hours of 8:00 a.m. and 6:00 p.m. for a longer period of time than two consecutive hours:
      (1)   On the west side of South Wright Avenue from a point thirty feet south of the south curb line of West Main Street projected to a point 160 feet south thereof.
      (2)   On the west side of North Wright Avenue from a point fifty feet north of the north curb line of West Main Street projected to a point 130 feet north thereof.
   (e)   It shall be unlawful to park any motor vehicle at any time on the west side of North Wright Avenue from a point 384 feet north of the north curb line extended of Main Street to a point 428 feet north of the north curb line extended of Main Street.
(Ord. 32-07. Passed 8-20-07.)
343.29 XENIA DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on either side of Xenia Drive between Wright Avenue and the east corporation line.
   (b)   It shall be unlawful to park any motor vehicle at any time on the south side of Xenia Drive from the west curb line of Third Street to a point 120 feet west thereof.
   (c)   It shall be unlawful to park any motor vehicle at any time on the north side of Xenia Drive from a point 195 feet east of the east curb line extended of Third Street to a point 130 feet west of the west curb line extended of Third Street.
   (d)   It shall be unlawful to park any motor vehicle at any time on the north side of Xenia Drive from the east curb line extended of Broad Street to a point 145 feet east thereof.
(Ord. 30-24. Passed 12-2-24.)
343.30 HEBBLE HOMES ADDITION.
   (EDITOR'S NOTE: This section was repealed by Ordinance 14-97, passed March 17, 1997.)
   
343.31 CHURCH ZONES. (REPEALED)
   (EDITOR’S NOTE: Former Section 343.31 was repealed by Ordinance 47-18, passed November 5, 2018.)
343.32 MARKING PROHIBITED PARKING AREAS.
   The above streets shall be conspicuously marked with no parking signs in areas where no parking is permitted. One such sign shall be erected at each end of a no parking area, and one such sign shall be placed on the lot line extended at the end of each block where parking is prohibited, and at least one such intervening sign shall be erected at least every 200 feet between the end limit signs of parking prohibited areas. The length of such prohibited parking areas shall be in accordance with the laws of the State, or as designated by the City Manager.
(Ord. 7-83. Passed 3-21-83.)
343.33 LOADING, UNLOADING ZONES. (REPEALED)
   (EDITOR’S NOTE: Former Section 343.33 was repealed by Ordinance 47-18, passed November 5, 2018.)
343.34 DELLWOOD DRIVE. (REPEALED)
   (EDITOR’S NOTE: Former Section 343.34 was repealed by Ordinance 30-24, passed December 2, 2024.)
343.35 KAUFFMAN AVENUE.
   It shall be unlawful to park any motor vehicle at any time on either side of Kauffman Avenue.
(Ord. 7-83. Passed 3-21-83.)
343.36 LORETTA AVENUE.
   It shall be unlawful to park any motor vehicle at any time on the south side of Loretta Avenue from the west curb line of Rockdell Drive extended to 210 feet west of the west curb line of Rockdell Drive extended, from 250 feet west of the west curb line of Rockdell Drive extended to 282 feet west of the west curb line of Rockdell Drive extended, from 322 feet west of the west curb line of Rockdell Drive extended to 353 feet west of the west curb line of Rockdell Drive extended, from 393 feet west of the west curb line of Rockdell Drive extended to 423 feet west of the west curb line of Rockdell Drive extended, from 463 feet west of the west curb line of Rockdell Drive extended to 500 feet west of the west curb line of Rockdell Drive extended, from 520 feet west of the west curb line of Rockdell Drive extended to the end of Loretta Avenue, and on the north side of Loretta Avenue from Triumph Drive to Darrell Drive.
(Ord. 47-18. Passed 11-5-18.)
343.37 DELLWOOD DRIVE.
   (EDITOR’S NOTE: This section was repealed by Ordinance 7-97, passed February 17, 1997.)
343.38 ROCKDELL DRIVE.
   It shall be unlawful to park any motor vehicle at any time on the west side of Rockdell Drive, between Loretta Avenue and Old Yellow Springs Road.
(Ord. 47-18. Passed 11-5-18.)
343.39 ARLIN PLACE.
   It shall be unlawful to park any motor vehicle at any time on either side of Arlin Place. (Ord. 47-18. Passed 11-5-18.)
343.40 BLACK LANE.
   It shall be unlawful to park any motor vehicle at any time on either side of Black Lane.
(Ord. 7-83. Passed 3-21-83.)
343.41 POWELL AVENUE.
   (a)    It shall be unlawful to park any motor vehicle at any time on the south side of Powell Avenue between Kauffman Avenue and South Maple Avenue.
   (b)    It shall be unlawful to park any motor vehicle at any time on the north side of Powell Avenue between South Maple Avenue and a point 122 feet west of the west curb line of South Maple Avenue.
   (c)    It shall be unlawful to park any motor vehicle at any time on the north side of Powell Avenue between Kauffman Avenue and a point 138 feet east of the east line of Kauffman Avenue.   
(Ord. 7-83. Passed 3-21-83.)
343.42 DAYTON-YELLOW SPRINGS ROAD.
   (a)    It shall be unlawful to park any motor vehicle at any time on the south side of Dayton-Yellow Springs Road between the west corporation limit and a point 174 feet east of the center line of Arlin Place.
   (b)    It shall be unlawful to park any motor vehicle at any time on the north side of Dayton-Yellow Springs Road between the west corporation limit and a point 141 feet east of the center line of Arlin Place.
   (c)    It shall be unlawful to park any motor vehicle at any time on the north side of Dayton-Yellow Springs Road between a point 165 feet west of the west curb line of Ironwood Drive and its eastern terminus.
   (d)    It shall be unlawful to park any motor vehicle at any time on the south side of Dayton-Yellow Springs Road between a point 1070 feet west of South Maple Avenue and its eastern terminus.
   (e)    It shall be unlawful to park any motor vehicle at any time on the south side of West Dayton-Yellow Springs Road from a point 165 feet west of the west curb line of Ironwood Drive extended to a point 210 feet east of the east curb line of Ironwood Drive extended.
(Ord. 43-12. Passed 9-17-12.)
343.43 SOUTHLAWN DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the west side of Southlawn Drive.
   (b)   It shall be unlawful to park any motor vehicle at any time on the east side of Southlawn Drive between Dayton-Yellow Springs Road and a point 135 feet north of the north edge of pavement of Dayton-Yellow Springs Road extended.
(Ord. 47-18. Passed 11-5-18.)
343.44 CIRCLE DRIVE.
   It shall be unlawful to park any motor vehicle between the hours of 7:00 a.m. and 4:00 p. m. on the south side of Circle Drive between North Central Avenue and a point 340 feet east of the east curb line of North Central Avenue, or on the north side of Circle Drive between North Central Avenue and Oakhill Avenue, except on Sundays and holidays.
(Ord. 47-18. Passed 11-5-18.)
343.45 BEAVER VALLEY ROAD.
   It shall be unlawful to park any motor vehicle at any time on either side of Beaver Valley Road within the City of Fairborn corporation limits.
(Ord. 47-18. Passed 11-5-18.)
   343.46 TRIUMPH DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the west side of Triumph Drive from Loretta Avenue to the south property line of 2063 Triumph Drive.
   (b)   It shall be unlawful to park any motor vehicle at any time on the east side of Triumph Drive between Lee Court and Loretta Avenue.
(Ord. 47-18. Passed 11-5-18.)
343.47 GARLAND AVENUE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the north side of Garland Avenue from a point 150 feet west of the west curb line of South Central Avenue to a point 130 feet east of the east curb line of South Central Avenue.
   (b)   It shall be unlawful to park any motor vehicle at any time on either side of Garland Avenue between a point 140 feet east of the east curb line of Marchmont Drive extended and Trebein Road.
(Ord. 64-97. Passed 11-17-97.)
343.48 GRAND AVENUE.
   It shall be unlawful to park any motor vehicle on the west side of Grand Avenue from Dayton Drive to Main Street between the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays.
(Ord. 53-11. Passed 1-3-12.)
343.49 LANDMARK COURT.
   It shall be unlawful to park any motor vehicle at any time on either side of Landmark Court from Beaver Valley Road to its eastern terminus except on the north side from the curb line of Beaver Valley Road projected to a point 253 feet east.
(Ord. 7-83. Passed 3-21-83.)
343.50 LOVINGTON DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the east side of Lovington Drive from the south curb line extended of Ohio Street to a point forty-five feet south, from a point 125 feet south of the south curb line extended of Ohio Street to a point 175 feet south, and from a point 282 feet south of the south curb line of Ohio Street south and east for a distance of 110 feet.
   (b)   It shall be unlawful to park any motor vehicle at any time on the west side of Lovington Drive from the south curb line extended of Ohio Street south to a point fifty feet south.
(Ord. 7-83. Passed 3-21-83.)
343.51 ARMS DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the east side of Arms Drive from the south curb line extended of Ohio Street to a point fifty feet south, and from a point 130 feet south of the south curb line of Ohio Street extended to a point 195 feet south.
   (b)   It shall be unlawful to park any motor vehicle at any time on the west side of Arms Drive from the south curb line of Ohio Street extended to a point twenty-five feet south and from a point 282 feet south of the south curb line of Ohio Street south and west for a distance of 110 feet.
(Ord. 7-83. Passed 3-21-83.)
343.52 ADAMS STREET.
   (a)   It shall be unlawful to park any motor vehicle at any time on the west side of Adams Street from the intersection of the west curb lines of East Dayton Drive and Adams Street to a point forty feet northerly therefrom.
   (b)   It shall be unlawful to park any motor vehicle at any time on the east side of Adams Street between Grant Street and East Dayton Drive.
   (c)   It shall be unlawful to park any vehicle at any time on the east side of Adams Street from a point 127 feet southerly from the intersection of the south curb line of Margaret Drive projected and the east curb line of Adams Street to a point 164 feet north of such curb line intersection.
   (d)   It shall be unlawful to park any vehicle at any time on the west side of Adams Street from the north curb line projected of Margaret Drive to a point 127 feet north.
   (e)   It shall be unlawful to park any vehicle at any time on the west side of Adams Street from the south curb line projected of Margaret Drive to a point 127 feet south.
(Ord. 7-83. Passed 3-21-83.)
343.53 LINCOLN DRIVE.
   It shall be unlawful to park any motor vehicle at any time on the south or west side of Lincoln Drive between Dayton Drive and Whittier Avenue.
(Ord. 37-04. Passed 8-2-04.)
343.54 GOODMAN DRIVE.
   It shall be unlawful to park any motor vehicle at any time on the north side of West Goodman Drive from the west curb line extended of Poplar Drive to the east curb line extended of Ironwood Drive.
(Ord. 7-83. Passed 3-21-83.)
343.55 OLD YELLOW SPRINGS ROAD.
   (a)   It shall be unlawful to park any motor vehicle at any time on the north side of Old Yellow Springs Road from a point 165 feet east of the east edge of pavement extended of Henry Street to a point 150 feet east of the east curb line of Rockdell Drive.
   (b)   It shall be unlawful to park any motor vehicle at any time on the south side of Old Yellow Springs Road from a point 150 feet west of the west curb line of Rockdell Drive eastwardly to a point thirty feet east of the east curb line of Rockdell Drive.
   (c)   It shall be unlawful to park any motor vehicle at any time on the south side of Old Yellow Springs Road from the west curb line of Beaver Valley Road extended to a point 145 feet west of the west curb line extended of Beaver Valley Road.
   (d)   It shall be unlawful to park any motor vehicle at any time on the north side of Old Yellow Springs Road from the west curb line of Beaver Valley Road extended to a point 65 feet west of the west curb line extended of Beaver Valley Road.
   (e)   It shall be unlawful to park any motor vehicle at any time on the south side of Old Yellow Springs Road from Hickorynut Drive to a point 35 feet east of the east curb line of Faircreek Ridge Drive.
   (f)   It shall be unlawful to park any motor vehicle at any time on the south side of Old Yellow Springs Road from a point 165 feet east of the east edge of pavement extended of Henry Street to a point 265 feet west of the west curb line extended of Rockdell Drive.
(Ord. 30-24. Passed 12-2-24.)
343.56 PIERCE DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on either side of Pierce Drive from the west curb line extended of State Route 235 to a point 470 feet west.
   (b)   It shall be unlawful to park any motor vehicle at any time on either side of Pierce Drive from the north curb line of North Broad Street extended to a point 700 feet north.
(Ord. 7-83. Passed 3-21-83.)
343.57 FUNDERBURG ROAD.
   (a)    It shall be unlawful to park any motor vehicle at any time on the north side of Funderburg Road from the west curb line extended of South Maple Avenue to a point 328 feet west.
   (b)    It shall be unlawful to park any motor vehicle at any time on either side of Funderburg Road from Rice Boulevard to Colonel Glenn Highway.
(Ord. 42-93. Passed 7-6-93.)
   (c)   It shall be unlawful to park any motor vehicle between the hours of 7:30 a.m. and 4:00 p.m. on school days on either side of Funderburg Road from sixty-five feet west of the west curb line extended of Glenrose Drive to a point ninety-five feet east of the east curb line extended of Glenrose Drive. (Ord. 28-03. Passed 8-18-03.)
343.58 CHAPEL DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the east side of Chapel Drive from Dayton-Yellow Springs Road south to a point 440 feet south of the south curb line extended of Sycamore Drive, except where the pavement width is 39 feet.
 
   (b)   It shall be unlawful to park any motor vehicle at any time on the west side of Chapel Drive from Dayton-Yellow Springs Road south to the north curb line of Cambridge Drive, extended, except where the pavement width is more than 28 feet.
(Ord. 47-18. Passed 11-5-18.)
343.59 LANGVIEW DRIVE.
   (a)    It shall be unlawful to park any motor vehicle at any time on the south side of Langview Drive from Campus Drive to a point 735 feet west of the curb line extended of Campus Drive.
   (b)    It shall be unlawful to park any motor vehicle at any time on the east side of Langview Drive from Royal Oaks Drive to a point 434 feet south of the south curb line extended of Royal Oaks Drive.
(Ord. 7-83. Passed 3-21-83.)
343.60 LINDBERG DRIVE.
   (a)    It shall be unlawful to park any motor vehicle at any time on the north side of Lindberg Drive from South Central Avenue to a point sixty feet east of the east curb line extended of South Central Avenue.
   (b)    It shall be unlawful to park any motor vehicle at any time on the south side of Lindberg Drive from South Central Avenue to a point sixty feet west of the west curb line extended of South Central Avenue.
(Ord. 16-83. Passed 4-4-83.)
343.61 PARKWOOD DRIVE.
   (a)    It shall be unlawful to park any motor vehicle at any time on the north side of Parkwood Drive from South Central Avenue to a point sixty feet east of the east curb line extended of South Central Avenue.
   (b)    It shall be unlawful to park any motor vehicle at any time on the south side of Parkwood Drive from South Central Avenue to a point sixty feet west of the west curb line extended of South Central Avenue.
(Ord. 17-83. Passed 4-4-83.)
343.62 ZINK ROAD.
   It shall be unlawful to park any motor vehicle at any time on either side of Zink Road from the north corporate limit to the south corporate limit.
(Ord. 34-83. Passed 8-1-83.)
343.63 YELLOW SPRINGS - FAIRFIELD ROAD.
   It shall be unlawful to park any motor vehicle at any time on either side of Yellow Springs-Fairfield Road from State Route 235 to the east corporation limit.
(Ord. 63-97. Passed 11-17-97.)
343.64 COMMERCE CENTER BOULEVARD.
   It shall be unlawful to park any motor vehicle at any time on either side of Commerce Center Boulevard throughout its entirety.
(Ord. 67-97. Passed 12-1-97.)
343.65 EXCHANGE COURT.
   It shall be unlawful to park any motor vehicle at any time on either side of Exchange Court from Dayton-Yellow Springs Road to its southern terminus.
(Ord. 58-86. Passed 11-3-86.)
343.66 ENTERPRISE DRIVE. (REPEALED)
   (EDITOR’S NOTE: Former Section 343.66 was repealed by Ordinance 47-18, passed November 5, 2018.)
343.67 NORTH BOULEVARD.
   It shall be unlawful to park any motor vehicle between the hours of 8:00 a. m. and 6:00 p. m. on the west side of North Boulevard from Kauffman Avenue to Funderburg Road.
(Ord. 48-86. Passed 11-3-86.)
343.68 UNIVERSITY BOULEVARD.
   It shall be unlawful to park any motor vehicle at any time on either side of University Boulevard from Colonel Glenn Highway to its southern terminus.
(Ord. 66-86. Passed 11-17-86.)
343.69 PRESIDENTIAL DRIVE.
   It shall be unlawful to park any motor vehicle at any time on either side of Presidential Drive from Paramount Place to its western terminus.
(Ord. 26-89. Passed 4-17-89.)
343.70 EXECUTIVE PARK-BOULEVARD.
   It shall be unlawful to park any motor vehicle at any time on either side of Executive Park Boulevard from Colonel Glenn Highway to Presidential Drive.
(Ord. 68-86. Passed 11-17-86.)
343.71 CENTER PARK BOULEVARD.
   It shall be unlawful to park any motor vehicle at any time on either side of Center Park Boulevard from Colonel Glenn Highway to its southern terminus.
(Ord. 69-86. Passed 11-17-86.)
343.72 PARAMOUNT PLACE.
   It shall be unlawful to park any motor vehicle at any time on either side of Paramount Place from Colonel Glenn Highway to its southern terminus.
(Ord. 27-89. Passed 4-17-89.)
343.73 COLONEL GLENN HIGHWAY.
   (a)   It shall be unlawful to park any motor vehicle at any time on either side of Colonel Glenn Highway from the west corporation line to Old Yellow Springs Road.
   (b)   It shall be unlawful to park any motor vehicle at any time on either side of Colonel Glenn Highway from Kauffman Avenue to the south corporation line.
(Ord. 47-18. Passed 11-5-18.)
343.74 OAKHILL AVENUE.
   It shall be unlawful to park any motor vehicle at any time on the south side of Oakhill Avenue from a point 260 feet west of the west curb line of Highview Drive extended to a point 125 feet thereof.
(Ord. 2-91. Passed 1-21-91.)
343.75 DORIS DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the south side of Doris Drive from a point 205 feet west of the west curb line of Apple Street extended to a point 150 feet east of the east curb line of Beech Street extended.
   (b)   It shall be unlawful to park any motor vehicle at any time on the north side of Doris Drive from a point 30 feet east of the east curb line of Apple Street extended to a point 205 feet west of the west curb line of Apple Street extended.
   (c)   It shall be unlawful to park any motor vehicle at any time on the north side of Doris Drive from Maple Avenue to a point 95 feet east of the east curb line extended of Maple Avenue.
   (d)   It shall be unlawful to park any motor vehicle at any time on the south side of Doris Drive from Maple avenue to a point 100 feet west of the west curb line extended of Maple Avenue.
(Ord. 40-06. Passed 12-21-06.)
343.76 REDBANK DRIVE.
   It shall be unlawful to park any motor vehicle at any time on either side of Redbank Drive from the east curb line of South Maple Avenue extended to a point 155 feet east thereof.
(Ord. 5-91. Passed 1-21-91.)
343.77 ZAPATA DRIVE.
   It shall be unlawful to park any motor vehicle at any time on either side of Zapata Drive from Yellow Springs-Fairfield Road from Yellow Springs-Fairfield Road to its eastern terminus. (Ord. 47-18. Passed 11-5-18.)
343.78 NORTH ZIMMERMAN ROAD.
   (a)   It shall be unlawful to park any motor vehicle at any tine on the west side of North Zimmerman Road from a point 175 feet north of the north curb line of Orville Street extended to its northern terminus.
   (b)   It shall be unlawful to park any motor vehicle at any time on the east side of North Zimmerman Road from a point 265 feet north of the north curb line of Orville Street extended to its northern terminus. (Ord. 47-18. Passed 11-5-18.)
343.79 McCLERNON MEMORIAL SKYWAY.
   It shall be unlawful to park any motor vehicle at any time on either side of State Route 844 from the north corporation limit to the south corporation limit.
(Ord. 47-18. Passed 11-5-18.)
343.80 CANDLELITE LANE.
   It shall be unlawful to park any motor vehicle at any time on either side of Candlelite Lane from Trebein Road to Yellow Rose Court.
(Ord. 11-96. Passed 3-11-96.)
343.81 SENTINEL RIDGE DRIVE.
   It shall be unlawful to park any motor vehicle at any time on either side of Sentinel Ridge Drive throughout its entirety.
(Ord. 41-97. Passed 9-2-97.)
343.82 TREBEIN ROAD.
   It shall be unlawful to park any motor vehicle at any time on either side of Trebein Road from the south corporation limit to the north corporation limit.
(Ord. 42-97. Passed 9-2-97.)
343.83 STONEYBROOK TRAIL.
   It shall be unlawful to park any motor vehicle at any time on the east side of Stoneybrook Trail between Armstrong Road and Monticello Drive.
(Ord. 46-97. Passed 9-15-97.)
343.84 PEPPERTREE BOULEVARD.
   It shall be unlawful to park any motor vehicle at any time on either side of Peppertree Boulevard throughout its entirety.
(Ord. 68-97. Passed 12-1-97.)
343.85 CHANNINGWAY DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on either side of Channingway Drive from the west curb line of Trebein Road extended to a point 255 feet west of the west curb line extended of Trebein Road.
   (b)   It shall be unlawful to park any motor vehicle at any time on either side of Channingway Drive within thirty feet of a driveway from the west curb line of Trebein Road extended to a point 930 feet east of the east curb line extended of Commerce Center Boulevard.
   (c)   It shall be unlawful to park any motor vehicle at any time on either side of Channingway Drive from the east curb line of Commerce Center Boulevard extended to a point 930 feet east of the east curb line extended of Commerce Center Boulevard.
   (d)   It shall be unlawful to park any motor vehicle at any time on the south side of Channingway Drive from a point seventy feet west of the centerline of L’Amour Lane (private) to a point ninety feet east of the centerline of L’Amour Lane (private).
(Ord. 8-01. Passed 2-5-01.)
   (e)   It shall be unlawful to park any motor vehicle at any time on either side of Channingway Drive from the west curb line of Commerce Center Boulevard west to the end of Channingway Drive. (Ord. 42-03. Passed 1-5-04.)
343.86 PARK HILLS DRIVE.
   It shall be unlawful to park any motor vehicle at any time one either side of Park Hills Drive from the south curb line of Dayton-Yellow Springs Road extended to a point 150 feet south of the south curb line extended of Dayton-Yellow Springs Road.
(Ord. 24-98. Passed 6-15-98.)
343.87 RICE BOULEVARD.
   It shall be unlawful to park any motor vehicle on the east side of Rice Boulevard between the hours of 8:00 a.m. and 6:00 p.m. except Sundays and holidays.
(Ord. 36-98. Passed 9-8-98.)
343.88 SPANGLER ROAD.
   It shall be unlawful to park any motor vehicle at any time on either side of Spangler Road throughout its entirety.
(Ord. 30-24. Passed 12-2-24.)
343.89 WINDSONG TRAIL.
   (a)   It shall be unlawful to park any motor vehicle at any time on either side of Windsong Trail from the west curb line extended of Trebein Road to a point 190 feet west of the west curb line of Trebein Road extended.
(Ord. 48-98. Passed 12-7-98.)
   (b)   It shall be unlawful to park any motor vehicle at any time on either side of Windsong Trail from a point 160 feet east of the east curb line extended of Whitetail Drive to the east curb line of Whitetail Drive extended.
(Ord. 34-99. Passed 10-18-99.)
343.90 WALLACE DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the east side and north side of Wallace Drive from a point 183 feet south of the south curb line extended of Williams Drive at its west intersection with Wallace Drive to a point 195 feet west of the west curb line extended of June Drive.
   (b)   It shall be unlawful to park any motor vehicle at any time on the west and north sides of Wallace Drive from a point 183 feet south of the south curb line extended of Williams Drive at its east intersection with Wallace Drive to a point 297 feet east of the east curb line extended of June Drive.
(Ord. 5-00. Passed 2-7-00.)
343.91 MARKET COURT. (REPEALED)
   (EDITOR'S NOTE: Former Section 343.91 was repealed by Ordinance 53-11, passed January 3, 2012.)
343.92 SUPERIOR AVENUE. (REPEALED)
   (EDITOR’S NOTE: Former Section 343.92 was repealed by Ordinance 47-18, passed November 5, 2018.)
343.93 FAIRCREEK RIDGE DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the east side of Faircreek Ridge Drive from Old Yellow Springs Road to 175 feet south of the southeast curb line extended of Old Yellow Springs Road.
   (b)   It shall be unlawful to park any motor vehicle at any time on the west side of Faircreek Ridge Drive from Old Yellow Springs Road to Thompson Drive.
(Ord. 27-02. Passed 8-5-02.)
343.94 VANDERLYN COURT.
   It shall be unlawful to park any motor vehicle at any time on either side of Vanderlyn Court from Trebein Road to 180 feet east of the east curb line extended of Trebein Road.
(Ord. 4-03. Passed 1-21-03.)
343.95 SUPERIOR AVENUE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the east side of Superior Avenue from Dayton-Yellow Springs Road to a point 280 feet north of the north curb line extended of Grove Street.
   (b)   It shall be unlawful to park any motor vehicle at any time on the west side of Superior Avenue from Dayton-Yellow Springs Road to Funderburg Road.
(Ord. 47-04. Passed 11-1-04.)
343.96 FIFTH THIRD COMMONS PARKING LOT.
   Parking is prohibited in the Fifth Third Commons parking lot from 10:00 a.m. until 6:00 p.m. on Wednesday from April through October.
(Ord. 36-06. Passed 10-2-06.)
343.97 EMPIRE COURT.
   It shall be unlawful to park any motor vehicle at any time on either side of Empire Court throughout its entirety.
(Ord. 47-06. Passed 12-18-06.)
343.98 EAGLE HIGHLANDS DRIVE.
   (a)   It shall be unlawful to park any motor vehicle at any time on the north side of Eagle Highlands Drive from a point 146 feet west of the west curb line extended of Zink Road to a point 176 feet west of the west curb line extended of Zink Road.
   (b)   It shall be unlawful to park any motor vehicle at any time on the north side of Eagle Highlands Drive from a point 96 feet east of the east curb line extended of Raider Drive to a point 126 feet east of the east curb line extended of Raider Drive.
(Ord. 4-09. Passed 2-16-09.)
343.981 ROEHNER DRIVE.
   It shall be unlawful to park any motor vehicle at any time on the east side of Roehner Drive from the north curb line extended of Cottage Court Drive to the south property line of Rona Hills Park. (Ord. 9-15. Passed 4-6-15.)
343.982 NORMANDY DRIVE.
   It shall be unlawful to park any motor vehicle at any time on the north side of Normandy Drive extended of Stoneybrook Trail to a point fifty feet east of Wellington Court.
(Ord. 2-22. Passed 2-21-22.)
343.99 PENALTY.
   Whoever violates any provision of this chapter for which no other penalty is provided shall be deemed guilty of a misdemeanor and shall be fined ten dollars ($10.00) if the violator reports to the Police Department within forty-eight hours from the time noted on the ticket placed on his vehicle; otherwise, after the expiration of forty-eight hours, the violator shall be fined fifteen dollars ($15.00).
(Ord. 47-18. Passed 11-5-18.)
347.01 DECLARATION OF EMERGENCY.
   In order to facilitate the movement of traffic and to combat the hazards of excessive snow and ice on streets or portions of streets named in Section 347.04, the City Manager or designee may at his discretion declare an emergency due to such hazards whenever snow accumulates on streets within the City. Upon the declaration of such emergency, such declaration shall be furnished to the local news media consisting of newspapers, radio and television stations as soon as practicable thereafter. Such emergency shall continue until a termination announcement is made by the City Manager and the announcement of termination shall be furnished to the news media as soon as possible.
(Ord. 47-18. Passed 11-5-18.)
347.02 PARKING OR STANDING PROHIBITED.
   After such emergency has been declared, no person, during the period of the emergency, shall park or cause or permit to remain standing his motor vehicle on either side of those streets or portions thereof named in Section 347.04.
(Ord. 7-83. Passed 3-21-83.)
347.03 VEHICLE REMOVAL BY POLICE OFFICER.
   Any motor vehicle found parked or standing on those streets or portions thereof named in Section 347.04 during the time of such emergency may be removed upon the order of any duly appointed officer of the Police Department. The officer shall subject the owner or operator to the cost of removal and storage, in addition to any fines or penalties which may be imposed.
(Ord. 7-83. Passed 3-21-83.)
347.04 STREETS ON WHICH PARKING PROHIBITED DURING EMERGENCY.
   The streets or portions thereof where parking is prohibited after an emergency has been declared are the following:
1.   Armstrong Road
2.   Autumn Creek Drive, Countryside to Beaver Valley Road
3.   Beaver Balley Road, Dayton- Yellow Springs to Oxford
4.   Beaver Valley Road. N. Germany- Trebein to Quail Run Drive
5.   Black Lane
6.   Broad Street
7.   Central Avenue
8.   Channingway Drive
9.   Chapel Drive
10.   Col. Glenn Highway, Kauffman to Ravenwood/University
11.   Col. Glenn Highway, Old Yellow Springs to W. Corp. Limit
12.   Commerce Center Boulevard
13.   Countryside Drive, Dutch Mill to Autumn Creek
14.   Dayton Drive
15.   Dayton-Yellow Springs Road
16.   Dickey Avenue
17.   Dorothy Drive
18.   Dutch Mill Drive
19.   Fairfield Road, Col. Glenn to South City Limit
20.   Funderburg Road
21.   Garland Avenue, Kauffman to Maple
22.   Garland Avenue, Marchmont to East City Limit
23.   Gateway Drive
24.   Hebble Avenue
25.   Henry Street
26.   Ironwood Drive
27.   Kauffman Avenue
28.   Main Street
29.   Maple Avenue
30.   Old Yellow Springs Road, Beaver Valley to Henry
31.   Park Hills Drive
32.   Peppertree Blvd.
33.   Reese Drive
34.   Sandhill Road, West City Limit to Broad
35.   Spangler Road, Yellow Springs- Fairfield to Broad
36.   State Route 844, South City Limit to North City Limit
37.   Superior Avenue
38.   Trebein Road, South Bath Township line to the north
39.   University Blvd., Ravenwood to State Route 844 southbound on ramp
40.   Valle Greene Drive
41.   Xenia Drive
42.   Yellow Springs-Fairfield Road
43.   Zink Road, South Corporate Limit to North City Limit
44. Lincoln Drive
45. Whittier Avenue, Maple to Lincoln
46. Dellwood Drive, Redbank to Westport
47. Redbank Drive, Maple to Florence
48. Florence Avenue, Redbank to Regina
49. Regina Drive
(Ord. 47-18. Passed 11-5-18.)
347.99 PENALTY.
   The owner or operator of any motor vehicle found parked on any streets named in Section 347.04 during such emergency is guilty of a misdemeanor of the third degree.
(Ord. 7-83. Passed 3-21-83.)
349.01 DEFINITIONS.
   (a)    Designate Fire Lane. Whenever any hydrant, required means of egress, or other appurtenance for use by the Fire Department or building occupants is installed, located or maintained on private property, there shall be adequate provisions made for access to and from every such hydrant, required means of egress, or appurtenance by City firefighting equipment and building occupants. Such access shall be in the form of an improved, permanently maintained roadway or of an open paved area, or any combination thereof, designed, constructed and at all times maintained in such a manner that there shall be an access way kept clear and unobstructed at such grade(s) and having sufficient width and height clearance to permit ingress and egress by City firefighting equipment. For the purpose of this chapter, from this point forward, such access way shall be referred to as a "designated fire lane".
   (b)    "Director of Community Safety", as defined in Section 128.01, means the City Manager acting ex-officio.
   (c)    "Stopping by a vehicle" means the stopping, obstructing, parking, standing or any arrest of motion of a vehicle, irrespective of whether such vehicle is occupied or not and irrespective of the duration of time.
(Ord. 7-83. Passed 3-21-83.)
349.02 APPLICATION; FIRE LANE DESIGNATION AND MARKING.
   (a)    This chapter shall apply to private property, devoted to public use, where the parking of motor vehicles or other obstructions may interfere with the ingress and egress of building occupants and firefighting equipment protecting populace and property, such as, but not limited to shopping center, bowling lanes, theatres, hospitals, churches, medical centers, public parking area in apartment complexes, and similar locations.
   (b)    The Fire Safety Officer and the Traffic Sergeant shall be charged with the responsibility of designating fire lanes throughout the City to provide ingress and egress for building occupants and to provide access for Fire Department operations. They shall cause the building owner or occupant to post approved signs and paint curbs and rights of way in the areas so restricted.
   (c)    The marking of designated fire lanes on private property, devoted to public use, shall be approved by the Chief of the Fire Department, the Chief of the Police Department, and the Director of Community Safety.
   (d)    Stopping of a motor vehicle or otherwise obstructing a designated fire lane shall be prohibited at all times.
(Ord. 44-87. Passed 8-3-87.)
349.03 APPEALS.
   When it is claimed that the provisions of this chapter do not apply, or that the true intent and meaning of this chapter have been misconstrued or wrongly interpreted, the aggrieved property owner or manager may appeal to the Chief of the Fire Department within fifteen days of the date of the designation of a fire lane. If the decision of the Chief of the Fire Department is unsatisfactory to the aggrieved, he may appeal the Chief's decision to the Director of Community Safety within fifteen days of the date of the decision appealed. If the decision of the Director of Community Safety is unsatisfactory to the aggrieved, he may appeal the Director of Community Safety's decision to Council within fifteen days of the date of the decision appealed.
(Ord. 7-83. Passed 3-21-83.)
349.99 PENALTY.
   Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be fined four dollars ($4.00), if the violator reports to the Police Department within forty-eight hours from the time noted on the ticket placed on his vehicle; otherwise, after the expiration of forty-eight hours, the violator shall be fined eight dollars ($8.00).
(Ord. 7-83. Passed 3-21-83.)
351.01 RIGHT OF WAY IN CROSSWALK.
   (a)   When highway traffic signals are not in place, not in operation or are not clearly assigning the right of way, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, or if required by Section 313.09, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
   (b)   No pedestrian shall suddenly leave a curb or other place of safety or walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
   (c)   Subsection (a) hereof does not apply under the conditions stated in Section 351.02(b).
   (d)    Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the street, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
(Ord. 7-83. Passed 3-21-83.)
   (e)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.46)
351.02 RIGHT OF WAY YIELDED BY PEDESTRIAN.
   (a)    Every pedestrian crossing a street at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the street.
   (b)    Any pedestrian crossing a street at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all traffic upon the street.
   (c)    Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
   (d)    No pedestrian shall cross a street intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.
   (e)    This section does not relieve the operator of a vehicle from exercising due care to avoid colliding with any pedestrian upon any street.
(ORC 4511.48; Ord. 7-83. Passed 3-21-83.)
351.03 MOVING IN CROSSWALK; STEPPING INTO STREET.
   (a)    Pedestrians shall move whenever practicable, upon the right half of crosswalks.
   (b)    Pedestrians shall not step into or upon a street without looking in both directions to see what is approaching.
(ORC 4511.49; Ord. 7-83. Passed 3-21-83.)
351.04 WALKING ON PATH OR STREET; JAYWALKING.
   (a)    Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway or street.
   (b)    Where a sidewalk is not available, any pedestrian walking along and upon a highway or street shall walk only on a shoulder, as far as practicable from the edge of the roadway or street.
   (c)    Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway or street shall walk as near as practicable to an outside edge of the roadway or street, and, if on a two-way roadway or street, shall walk only on the left side of the roadway or street.
   (d)    Any pedestrian upon a roadway or street shall yield the right of way to all vehicles upon the roadway or street.
   (e)    No pedestrian shall cross a street at a place other than a crosswalk except in cases where crosswalks are an unreasonable distance apart.
(ORC 4511.50; Ord. 7-83. Passed 3-21-83.)
351.05 USE OF HIGHWAY FOR SOLICITING; RIDING ON OUTSIDE OF VEHICLES.
   (a)    No person while on a street shall solicit a ride from the driver of any vehicle.
   (b)    No person shall stand on a street for the purpose of soliciting employment, business or contributions from the occupant of any vehicle.
   (c)   No person shall hang onto, or ride on the outside of any motor vehicle while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.
   (d)   No operator shall knowingly permit any person to hang onto, or ride on the outside of, any motor vehicle while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.
   (e)   No driver of a truck, trailer or semitrailer shall knowingly permit any person who has not attained the age of sixteen years to ride in the unenclosed or unroofed cargo storage area of his vehicle if the vehicle is traveling faster than twenty-five miles per hour, unless either of the following applies:
      (1)   The cargo storage area of the vehicle is equipped with a properly secured seat to which is attached a seat safety belt that is in compliance with federal standards for an occupant restraining device as defined in Ohio R.C. 4513.263(A)(2), the seat and seat safety belt were installed at the time the vehicle was originally assembled and the person riding in the cargo storage area is in the seat and is wearing the seat safety belt;
      (2)   An emergency exists that threatens the life of the driver or the person being transported in the cargo storage area of the truck, trailer or semitrailer.
   (f)   No driver of a truck, trailer or semitrailer shall permit any person, except for those workers performing specialized highway or street maintenance or construction under authority of a public agency to ride in the cargo storage area or on a tailgate of his vehicle while the tailgate is unlatched.
(ORC 4511.51)
   (g)   No person shall leave or enter a vehicle which is in motion except in an emergency necessitating such action.
(Ord. 42-95. Passed 11-6-95.)
351.06 PEDESTRIAN ON BRIDGE OR RAILROAD CROSSING.
   (a)    No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate or barrier after a bridge operation signal indication has been given.
   (b)    No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.
(ORC 4511.511; Ord. 7-83. Passed 3-21-83.)
351.07 INTOXICATED OR DRUGGED PEDESTRIAN HAZARD ON HIGHWAY.
   A pedestrian who is under the influence of alcohol or any drug of abuse, or any combination thereof, to a degree which renders himself a hazard shall not walk or be upon a highway or street.
(ORC 4511.481; Ord. 7-83. Passed 3-21-83.)
351.08 VEHICLES NOT PERMITTED ON ROADWAYS.
   No person upon roller skates or riding in or by means of any coaster, toy vehicle or similar device shall go upon any roadway other than the roadway of a play street, except while crossing a street on a crosswalk.
(Ord. 7-83. Passed 3-21-83.)
 
351.09 PEDESTRIAN ON SIDEWALK HAS RIGHT OF WAY.
   (a)   The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. (Ord. 7-83. Passed 3-21-83.)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.441)
351.10 PEDESTRIANS YIELD RIGHT OF WAY TO PUBLIC SAFETY VEHICLE.
   (a)    Upon the immediate approach of a public safety vehicle as stated in Section 331.38, every pedestrian shall yield the right of way to the public safety vehicle.
   (b)    This section shall not relieve the driver of a public safety vehicle from the duty to exercise due care to avoid colliding with any pedestrian.
(ORC 4511.452; Ord. 7-83. Passed 3-21-83.)
351.11 RIGHT OF WAY OF BLIND PERSON.
   (a)    As used in this section, “blind person" or "blind pedestrian" means a person having not more than 20/200 visual acuity in the better eye with correcting lenses or visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.
   The driver of every vehicle shall yield the right of way to every blind pedestrian guided by a guide dog, or carrying a cane which is predominantly white or metallic in color, with or without a red tip.
   (b)    No person, other than a blind person, while on any public highway, street, alley or other public thoroughfare, shall carry a white or metallic cane, with or without a red tip. (Ord. 7-83. Passed 3-21-83.)
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.47)
351.12 PERSONS OPERATING MOTORIZED WHEELCHAIRS.
   (EDITOR’S NOTE: Former Ohio R.C. 4511.491, from which Section 351.12 was derived was repealed by Amended Substitute House Bill No. 54, effective June 30, 2025.)
351.13 ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
   (a)   (1)   Electric personal assistive mobility devices, as defined in Ohio R.C. 4501.01, may be operated on the public streets, highways, sidewalks, and paths and portions of roadways set aside for the exclusive use of bicycles in accordance with this section.
      (2)   Except as otherwise provided in this section, those sections of this Traffic Code that by their nature are applicable to an electric personal assistive mobility device apply to the device and the person operating it whenever it is operated upon any public street, highway, sidewalk, or path or upon any portion of a roadway set aside for the exclusive use of bicycles.
   (b)   No operator of an electric personal assistive mobility device shall do any of the following:
      (1)   Fail to yield the right-of-way to all pedestrians and human-powered vehicles at all times;
      (2)   Fail to give an audible signal before overtaking and passing a pedestrian;
      (3)   Operate the device at night unless the device or its operator is equipped with or wearing both of the following:
         A.   A lamp pointing to the front that emits a white light visible from a distance of not less than five hundred feet;
         B.   A red reflector facing the rear that is visible from all distances from one hundred feet to six hundred feet when directly in front of lawful lower beams of head lamps on a motor vehicle.
      (4)   Operate the device on any portion of a street or highway that has an established speed limit of fifty-five miles per hour or more;
      (5)   Operate the device upon any path set aside for the exclusive use of pedestrians or other specialized use when an appropriate sign giving notice of the specialized use is posted on the path;
      (6)   If under eighteen years of age, operate the device unless wearing a protective helmet on the person’s head with the chin strap properly fastened;
      (7)   If under sixteen years of age, operate the device unless, during the operation, the person is under the direct visual and audible supervision of another person who is eighteen years of age or older and is responsible for the immediate care of the person under sixteen years of age.
   (c)   No person who is under fourteen years of age shall operate an electric personal assistive mobility device.
   (d)   No person shall distribute or sell an electric personal assistive mobility device unless the device is accompanied by a written statement that is substantially equivalent to the following: “WARNING: TO REDUCE THE RISK OF SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT - HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS”. (ORC 4511.512)
   (e)   “Electric personal assistive mobility device” means a self-balancing two non-tandem wheeled device that is designed to transport only one person, has an electric propulsion system of an average of seven hundred fifty watts, and when ridden on a paved level surface by an operator who weighs one hundred seventy pounds has a maximum speed of less than twenty miles per hour.
(ORC 4501.01)
351.14 OPERATION OF PERSONAL DELIVERY DEVICE ON SIDEWALKS AND CROSSWALKS.
   (a)   As used in this section:
      (1)   “Eligible entity” means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.
      (2)   “Personal delivery device” means an electrically powered device to which all of the following apply:
         A.   The device is intended primarily to transport property and cargo on sidewalks and crosswalks.
         B.   The device weighs less than 250 pounds excluding any property or cargo being carried in the device.
         C.   The device has a maximum speed of ten miles per hour.
         D.   The device is equipped with technology that enables the operation of the device with active control or monitoring by a person, without active control or monitoring by a person, or both with or without active control or monitoring by a person.
      (3)   “Personal delivery device operator” means an agent of an eligible entity who exercises direct physical control over, or monitoring of, the navigation and operation of a personal delivery device. The phrase does not include, with respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service. The phrase also does not include a person who only arranges for and dispatches a personal delivery device for a delivery or other service.
   (b)   An eligible entity may operate a personal delivery device on sidewalks and crosswalks so long as all of the following requirements are met:
      (1)    The personal delivery device is operated in accordance with all regulations, if any, established by each local authority within which the personal delivery device is operated.
      (2)    A personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device.
      (3)    The eligible entity maintains an insurance policy that includes general liability coverage of not less than one hundred thousand dollars ($100,000) for damages arising from the operation of the personal delivery device by the eligible entity and any agent of the eligible entity.
      (4)    The device is equipped with all of the following:
         A.   A marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device and a unique identification number;
         B.   A braking system that enables the personal delivery device to come to a controlled stop;
         C.   If the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible in clear weather from a distance of at least 500 feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle.
   (c)   No personal delivery device operator shall allow a personal delivery device to do any of the following:
      (1)    Fail to comply with traffic or pedestrian control devices and signals;
      (2)    Unreasonably interfere with pedestrians or traffic;
      (3)    Transport any hazardous material that would require a permit issued by the Public Utilities Commission;
      (4)    Operate on a street or highway, except when crossing the street or highway within a crosswalk.
   (d)   A personal delivery device has all of the rights and obligations applicable to a pedestrian under the same circumstances, except that a personal delivery device shall yield the right-of-way to human pedestrians on sidewalks and crosswalks.
   (e)   (1)   No person shall operate a personal delivery device unless the person is authorized to do so under this section and complies with the requirements of this section.
      (2)    An eligible entity is responsible for both of the following:
          A.    Any violation of this section that is committed by a personal delivery device operator; and
         B.   Any other circumstance, including a technological malfunction, in which a personal delivery device operates in a manner prohibited by divisions (c)(1) to (c)(4) of this section.
            (ORC 4511.513)
351.15 LOW-SPEED MICROMOBILITY DEVICES.
   (a)   (1)    A low-speed micromobility device may be operated on the public streets, highways, sidewalks, and shared-use paths, and may be operated on any portions of roadways set aside for the exclusive use of bicycles in accordance with this section.
      (2)    Except as otherwise provided in this section, those sections of this title that by their nature could apply to a low-speed micromobility device do apply to the device and the person operating it whenever it is operated upon any public street, highway, sidewalk, or shared-use path, or upon any portion of a roadway set aside for the exclusive use of bicycles.
   (b)   No operator of a low-speed micromobility device shall do any of the following:
      (1)    Fail to yield the right-of-way to all pedestrians at all times;
      (2)    Fail to give an audible signal before overtaking and passing a pedestrian;
      (3)    Operate the device at night unless the device or its operator is equipped with or wearing both of the following:
         A.   A lamp pointing to the front that emits a white light visible from a distance of not less than 500 feet;
         B.   A red reflector facing the rear that is visible from all distances from 100 feet to 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle.
   (c)   (1)   No person who is under sixteen years of age shall rent a low-speed micromobility device.
      (2)    No person shall knowingly rent a low-speed micromobility device to a person who is under sixteen years of age.
      (3)    No person shall knowingly rent a low-speed micromobility device on behalf of a person who is under sixteen years of age.
   (d)   No person shall operate a low-speed micromobility device at a speed greater than twenty miles per hour.
   (e)   (1)    Whoever violates this section is guilty of a minor misdemeanor.
      (2)    Unless a mens rea is otherwise specified in this section, an offense established under this section is a strict liability offense and Ohio R.C. 2901.20 does not apply. The designation of that offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
   (f)   Notwithstanding subsection (a)(1) of this section, the municipality, may do any of the following:
      (1)    Regulate or prohibit the operation of low-speed micromobility devices on public streets, highways, sidewalks, and shared-use paths, and portions of roadways set aside for the exclusive use of bicycles, under its jurisdiction;
      (2)    Include low-speed micromobility devices that are adapted to expand access for people with various physical limitations into a shared bicycle, shared electric bicycle, or similar vehicle sharing program, under its jurisdiction;
      (3)    Require the owner or operator of a low-speed micromobility device rental service or low-speed micromobility device sharing program to maintain commercial general liability insurance related to the operation of the devices, with limits of up to one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) per aggregate.
         (ORC 4511.514)
351.99 PENALTY.
   Whoever violates any provision of this chapter is guilty of a minor misdemeanor.
(Ord. 7-83. Passed 3-21-83.)
353.01 REGISTRATION REQUIRED. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.01 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.02 APPLICATION. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.02 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.03 CERTIFICATE OF REGISTRATION AND CARD. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.03 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.04 EFFECTIVE DATE. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.04 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.05 MUTILATION OF BICYCLE IDENTIFICATION. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.05 was repealed by Ordinance 47-18, passed November 5, 2018.)
   
353.06 RECORDS OF REGISTRATIONS. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.06 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.07 REVOCATION OF REGISTRATION CERTIFICATE. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.07 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.08 DAILY REPORT BY DEALERS. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.08 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.09 RIDING UPON SEATS; HANDLE BARS; HELMETS AND GLASSES. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.09 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.10 INSPECTION. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.10 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.11 APPEARANCE IN COURT; IMPOUNDING. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.11 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.12 EXPIRATION OF IMPOUNDED PERIOD. (REPEALED)
   (EDITOR’S NOTE: Former Section 353.12 was repealed by Ordinance 47-18, passed November 5, 2018.)
353.13 INTERFERENCE WITH PEDESTRIAN.
   No person shall operate a bicycle upon any street in such a manner as to interfere with any pedestrian thereon.
(Ord. 7-83. Passed 3-21-83.)
353.14 OPERATION OF BICYCLES AND PLAY VEHICLES.
   The provisions of this Traffic Code applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.
(Ord. 7-83. Passed 3-21-83.)
353.15 ATTACHING BICYCLES AND SLEDS TO VEHICLES.
   (a)   No person riding upon any motorcycle, bicycle, electric bicycle, coaster, roller skates, sled, skateboard or toy vehicle shall attach the same or himself to any vehicle upon a roadway or street.
   (b)   No operator shall knowingly permit any person riding upon any motorcycle, bicycle, electric bicycle, coaster, roller skates, sled, skateboard or toy vehicle to attach the same or himself to any vehicle while it is moving upon a roadway or street.
(A.O.)
   (c)   This section does not apply to the towing of a disabled vehicle.
(Ord. 7-83. Passed 3-21-83.)
   (d)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.46)
353.16 RIDING BICYCLE ON RIGHT SIDE OF ROADWAY; RIDING BICYCLES AND MOTORCYCLES ABREAST.
   (a)    Every person operating a bicycle or electric bicycle upon a street or roadway shall ride as near to the right side of the street or roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.
   (b)    Persons riding bicycles, electric bicycles or motorcycles upon a street or roadway shall ride not more than two abreast in a single lane, except on paths or parts of streets or roadways set aside for the exclusive use of bicycles, electric bicycles or motorcycles.
(ORC 4511.55; Ord. 7-83. Passed 3-21-83.)
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.55)
353.17 LIGHTS AND SIGNAL DEVICE ON BICYCLE; BRAKES.
   (a)    Every bicycle or electric bicycle when in use at the times specified in Section 333.03 shall be equipped with a lamp on the front that shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Ohio Director of Highway Safety that shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle and a lamp emitting a red light visible from a distance of 500 feet to the rear shall be used in addition to the red reflector.
   (b)    No person shall operate a bicycle or electric bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
   (c)    Every bicycle or electric bicycle shall be equipped with an adequate brake when used on a street or highway. (ORC 4511.56; Ord. 7-83. Passed 3-21-83.)
353.18 MOTORIZED BICYCLE OPERATION, EQUIPMENT AND LICENSE.
   (a)   No person shall operate a motorized bicycle upon any street or highway or any public or private property used by the public for purposes of vehicular travel or parking, unless all of the following conditions are met:
      (1)   The person is fourteen or fifteen years of age and holds a valid probationary motorized bicycle license issued after the person has passed the test provided for in Ohio R.C. 4511.521, or the person is sixteen years of age or older and holds either a valid commercial driver’s license issued under Ohio R.C. Chapter 4506, or a driver’s license issued under Ohio R.C. Chapter 4507, or a valid motorized bicycle license issued after the person has passed the test provided for in Ohio R.C. 4511.521,       except that if a person is sixteen years of age, has a valid probationary motorized bicycle license and desires a motorized bicycle license, the person is not required to comply with the testing requirements provided for in Ohio R.C. 4511.521;
      (2)   The motorized bicycle is equipped in accordance with rules adopted by the Ohio Director of Public Safety and is in proper working order;
      (3)   The person, if under eighteen years of age, is wearing a protective helmet on the person’s head with the chin strap properly fastened, and the motorized bicycle is equipped with a rear-view mirror; and
      (4)   The person operates the motorized bicycle when practicable within three feet of the right edge of the roadway obeying all traffic rules applicable to vehicles.
   (b)   No person operating a motorized bicycle shall carry another person upon the motorized bicycle.
 
   (c)   The protective helmet and rearview mirror required by subsection (a)(3) of this section shall, on and after January 1, 1985, conform with rules adopted by the Ohio Director of Public Safety.
   (d)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4511.521)
353.19 ELECTRIC BICYCLES.
   (a)   (1)   The operation of a class 1 electric bicycle and a class 2 electric bicycle is permitted on a path set aside for the exclusive use of bicycles or on a shared-use path, unless the Municipality by resolution, ordinance, or rule prohibits the use of a class 1 electric bicycle or class 2 electric bicycle on such a path.
      (2)   No person shall operate a class 3 electric bicycle on a path set aside for the exclusive use of bicycles or a shared-use path unless that path is within or adjacent to a highway or the Municipality by resolution, ordinance, or rule authorizes the use of a class 3 electric bicycle on such a path.
      (3)   No person shall operate a class 1 electric bicycle, a class 2 electric bicycle or a class 3 electric bicycle on a path that is intended to be used primarily for mountain biking, hiking, equestrian use, or other similar uses, or any other single track or natural surface trail that has historically been reserved for nonmotorized use, unless the Municipality by resolution, ordinance or rule authorizes the use of a class 1 electric bicycle, a class 2 electric bicycle, or a class 3 electric bicycle on such a path.
      (4)    Subsections (a)(2) and (a)(3) of this section do not apply to a law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, using an electric bicycle while in the performance of the officer’s duties.
   (b)   (1)   No person under sixteen years of age shall operate a class 3 electric bicycle; however, a person under sixteen years of age may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.
      (2)   No person shall operate or be a passenger on a class 3 electric bicycle unless the person is wearing a protective helmet that meets the standards established by the Consumer Product Safety Commission or the American Society for Testing and Materials.
   (c)   (1)   Except as otherwise provided in this subsection, whoever operates an electric bicycle in a manner that is prohibited under subsection (a) of this section and whoever violates subsection (b) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
      (2)   The offenses established under subsection (c)(1) of this section are strict liability offenses and strict liability is a culpable mental state for purposes of Ohio R.C. 2901.20. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
         (ORC 4511.522)
353.99 PENALTY.
   Whoever, being over eighteen years of age, violates Section 353.13 to 353.18 is guilty of a minor misdemeanor. The court shall have the privilege and authority of impounding the offensive bicycle for such a period of time as the court determines to be proper, during which time the registration certificate of such bicycle shall be suspended.
(Ord. 47-18. Passed 11-5-18.)
355.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Snowmobile" means any self-propelled vehicle designed primarily for use on snow or ice, and steered by skis, runners or caterpillar treads.
      (ORC 4519.01(A))
   (b)   "All purpose vehicle" means any self-propelled vehicle designed primarily for cross-country travel on land and water, or on more than one type of terrain, and steered by wheels or caterpillar treads, or any combination thereof, including vehicles that operate on a cushion of air, vehicles commonly known as all- terrain vehicles, all season vehicles, mini-bikes and trail bikes. “All-purpose vehicle” does not include a utility vehicle as defined in Ohio R.C. 4501.01 or any vehicle principally used in playing golf, any motor vehicle or aircraft required to be registered under Ohio R.C. Chapter 4503 or Chapter 4561, and any vehicle excepted from definition as a motor vehicle by Section 301.46 of this Traffic Code.
(ORC 4519.01(B))
   (c)   "Owner" means any person, firm or corporation, other than a lienholder or dealer, having title to a snowmobile, off-highway motorcycle, or all purpose vehicle, or other right to the possession thereof. (ORC 4519.01(C))
   (d)   "Operator" means any person who operates or is in actual physical control of a snowmobile, off-highway motorcycle or all purpose vehicle.
   (e)   "Limited access highway" or "freeway" means a highway especially designed for through traffic and over which abutting property owners have no easement or right of access by reason of the fact that their property abuts upon such highway, and access to which may be allowed only at highway intersections designated by the Ohio Director of Transportation. (ORC 5511.02)
   (f)   "Interstate highway" means any part of the interstate system of highways as defined in subsection (e), 90 Stat. 431 (1976), 23 U.S.C.A. 103, and amendments thereof.
   (g)   “Off-highway motorcycle” means every motorcycle, as defined in Ohio R.C. 4511.01, that is designed to be operated primarily on lands other than a street or highway. (ORC 4519.01)
355.02 EQUIPMENT.
   (a)   Equipment of snowmobiles, off-highway motorcycles, and all purpose vehicles shall include, but not necessarily be limited to requirements for the following items:
      (1)   At least one headlight having a minimum candlepower of sufficient intensity to reveal persons and objects at a distance of at least 100 feet ahead under normal atmospheric conditions during hours of darkness;
      (2)   At least one red taillight having a minimum candlepower of sufficient intensity to be plainly visible from a distance of 500 feet to the rear under normal atmospheric conditions during hours of darkness;
      (3)   Adequate brakes. Every snowmobile, while traveling on packed snow, shall be capable of carrying a driver who weighs 175 pounds or more, and, while carrying such driver, be capable of stopping in not more than forty feet from an initial steady speed of twenty miles per hour, or locking its traction belt.
      (4)   A muffler system capable of precluding the emission of excessive smoke or exhaust fumes, and of limiting the engine noise of vehicles. On snowmobiles manufactured after January 1, 1973, such requirement shall include sound dampening equipment such that noise does not exceed eighty-two decibels on the "A" scale at fifty feet as measured according to SAE J192 (September 1970).
   (b)   No person shall operate any snowmobile, off-highway motorcycle, or all purpose vehicle in violation of this section, except that equipment specified in subsections (a)(1) and (2) hereof shall not be required on snowmobiles, off-highway motorcycles, or all purpose vehicles operated during the daylight hours.
   (c)   Except as otherwise provided in this subsection, whoever violates subsection (b) of this section shall be fined not more than fifty dollars ($50.00). If the offender within the preceding year previously has committed a violation of subsection (b) of this section, whoever violates subsection (b) of this section shall be fined not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100.00), imprisoned not more than three days, or both.
(ORC 4519.20)
355.03 CODE APPLICATION; PROHIBITED OPERATION.
   (a)   The applicable provisions of this Traffic Code shall be applied to the operation of snowmobiles, off-highway motorcycles, and all purpose vehicles; except that no snowmobile, off-highway motorcycle, or all purpose vehicle shall be operated as follows:
      (1)   On any street or highway except for emergency travel only during such time and in such manner as the State or local authority having jurisdiction over such street or highway shall designate, and except as provided in Section 355.04;
      (2)   Upon any property owned or leased by the Municipality except in areas designated for such purposes;
      (3)   On any private property, or in any nursery or planting area, without the permission of the owner or other person having the right to possession of the property;
      (4)   On any land or waters controlled by the State, except at those locations where a sign has been posted permitting such operation;
      (5)   On tracks or right of way of any operating railroad;
      (6)   While transporting any firearm, bow or other implement for hunting, that is not unloaded and securely encased;
      (7)   For the purpose of chasing, pursuing, capturing or killing any animal or wild fowl;
      (8)   During the time from sunset to sunrise, unless displaying lighted lights as required by Section 355.02.  
   (b)   Whoever violates this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), imprisoned not less than three nor more than thirty days, or both. (ORC 4519.40)
355.04 PERMITTED OPERATION.
   Snowmobiles, off-highway motorcycles, and all purpose vehicles may be operated as follows:
   (a)   To make a crossing of a highway, other than a freeway or limited access highway, whenever the crossing can be made in safety and will not interfere with the movement of vehicular traffic approaching from any direction on the highway, and provided that the operator yields the right of way to any approaching traffic that presents an immediate hazard;
   (b)   On highways in the County or Township road systems whenever the local authority having jurisdiction over such highway so permits;
   (c)   Off and alongside a street or highway for limited distances from the point of unloading from a conveyance to the point at which the snowmobile, off-highway motorcycle, or all purpose vehicle is intended and authorized to be operated.
   (d)   On the berm or shoulder of a highway, other than a highway as designated in Ohio R.C. 4519.40(A), when the terrain permits such operation to be undertaken safely and without the necessity of entering any traffic lane;
   (e)   On the berm or shoulder of a county or township road, while traveling from one area of operation of the snowmobile, off-highway motorcycle, or all-purpose vehicle to another such area. (ORC 4519.41)
355.05 LICENSING REQUIREMENTS OF OPERATOR.
   (a)   No person who does not hold a valid, current motor vehicle driver's or commercial driver's license, motorcycle operator's endorsement or probationary license issued under Ohio R.C. Chapter 4506 or 4507, or a valid, current driver's license issued by another jurisdiction, shall operate a snowmobile, off-highway motorcycle, or all purpose vehicle on any street or highway, on any portion of the right of way thereof, or on any public land or waters. This subsection shall not be construed to permit the holder of such a license to operate a snowmobile, off-highway motorcycle, or all purpose vehicle in violation of Section 355.03.
 
   (b)   No person who is less than sixteen years of age shall operate a snowmobile, off-highway motorcycle, or all purpose vehicle on any land or waters other than private property or waters owned by or leased to such person's parent or guardian, unless accompanied by another person who is eighteen years of age, or older, and who holds a license as provided in subsection (a) hereof, except that the Ohio Department of Natural Resources may permit such operation on State controlled land under its jurisdiction when such person is less than sixteen years of age and is accompanied by a parent or guardian who is a licensed driver eighteen years of age or older.
 
   (c)   Whoever violates this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), imprisoned not less than three nor more than thirty days, or both.
(ORC 4519.44)
355.06 REGISTRATION OF VEHICLES.
   (a)   Except as provided in Ohio R.C 4519.02(B), (C) and (D), no person shall operate any snowmobile, off-highway motorcycle, or all purpose vehicle unless the snowmobile, off-highway motorcycle, or all purpose vehicle is registered and numbered in accordance with Ohio R.C. 4519.03 and 4519.04.
   (b)   Except as otherwise provided in this subsection, whoever violates subsection (a) of this section shall be fined not more than twenty-five dollars ($25.00). If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a) of this section, whoever violates subsection (a) of this section shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). (ORC 4519.02)
355.07 ACCIDENT REPORTS.
   (a)   The operator of a snowmobile, off-highway motorcycle, or all purpose vehicle involved in any accident resulting in bodily injury to or death of any person or damage to the property of any person in excess of one hundred dollars ($100.00) shall report the accident within forty-eight hours to the Chief of Police, and, within thirty days, shall forward a written report of the accident to the Ohio Registrar of Motor Vehicles on a form prescribed by the Registrar. If the operator is physically incapable of making the reports and there is another participant in the accident not so incapacitated, the participant shall make the reports. In the event that there is no other participant, and the operator is other than the owner, the owner, within the prescribed periods of time, shall make the reports.
   Any law enforcement officer or other person authorized by Ohio R.C. 4519.42 and 4519.43, who investigates or receives information of an accident involving a snowmobile, off- highway motorcycle, or all purpose vehicle shall forward to the Registrar a written report of the accident within forty-eight hours. (ORC 4519.46)
   (b)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
355.08 CERTIFICATE OF TITLE.
   (a)   No person shall do any of the following:
      (1)   Operate in this Municipality an off-highway motorcycle or all-purpose vehicle without having a certificate of title for the off-highway motorcycle or all-purpose vehicle, if such a certificate is required by Ohio R.C. Chapter 4519 to be issued for the off-highway motorcycle or all-purpose vehicle, or, if a physical certificate of title has not been issued for it, operate an off-highway motorcycle or all-purpose vehicle knowing that the ownership information relating to the motorcycle or vehicle has not been entered into the automated title processing system by a clerk of a court of common pleas;
      (2)   Operate in this Municipality an off-highway motorcycle or all-purpose vehicle if a certificate of title to the off-highway motorcycle or all- purpose vehicle has been issued and then has been canceled;
      (3)   Fail to surrender any certificate of title upon cancellation of it by the Registrar of Motor Vehicles and notice of the cancellation as prescribed in Ohio R.C. Chapter 4519;
      (4)   Fail to surrender the certificate of title to a clerk of the court of common pleas as provided in Ohio R.C. Chapter 4519, in case of the destruction or dismantling of, or change in, the off-highway motorcycle or all- purpose vehicle described in the certificate of title;
      (5)   Violate any provision of Ohio R.C. 4519.51 to 4519.70 or any lawful rules adopted pursuant to those sections;
      (6)   Operate in this Municipality an off-highway motorcycle or all-purpose vehicle knowing that the certificate of title to or ownership of the motorcycle or vehicle as otherwise reflected in the automated title processing system has been canceled.
   (b)   Whoever violates this section shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than ninety days, or both.
(ORC 4519.66)
357.01 USE RESTRICTED.
   No person shall ride or use a skateboard on any sidewalk, parking area or other public way or area within a district zoned for commercial use, religious or cultural use, or any public facility without the express permission of the owner of such property.
(Ord. 53-93. Passed 8-2-93.)
357.99 PENALTY.
   Whoever violates this chapter is guilty of unlawful use of a skateboard, a minor misdemeanor.
(Ord. 53-93. Passed 8-2-93.)
CODIFIED ORDINANCES OF FAIRBORN