CROSS REFERENCES

See section histories for similar State law

Street racing defined - see TRAF. 333.07

Commercial car defined - see TRAF. 333.01

Odometers defined - see TRAF. 333.01

Funeral procession defined - see TRAF. 331.24

Blind person defined - see TRAF. 371.02

Snowmobile, off-highway motorcycle and all-purpose vehicle defined - see

TRAF. 375.01

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; MULTI-WHEEL AGRICULTURAL TRACTOR.

(a) "Agricultural tractor" 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))

(b) "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))

301.03 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 Council.

(ORC 4511.01(XX))

2001 Replacement

"Arterial street" means any United States or State numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.

"Bicycle" means every device, other than a tricycle designed solely for use as a play vehicle by a child, propelled solely by human power, upon which any person may ride having either two tandem wheels, or one wheel in the front and two wheels in the rear, any of which is more than 14 inches in diameter.

"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 ridesharing arrangement, designed and used for the transportation of persons for compensation.

"Business district" means the territory fronting upon a street or highway, including the street or highway, between successive intersections within the Municipality, where 50% or more of the frontage between successive intersections is occupied by buildings in use for business, or within or outside the Municipality where 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.

"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 agreement, made in advance of boarding, to provide transportation from a specific location in an 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.

"Child day-care center" and "Type A family day-care home" have the same meanings as set forth in Ohio R.C. 5104.01.

"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.

"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.

(a) That part of a roadway at intersections ordinarily included within the real or projected prolongation of property lines and curb lines or, in the absence of curbs, the edges of the traversable roadway;

(b) Any portion of a roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface;

(c) Notwithstanding the foregoing provisions of this definition, there shall not be a crosswalk where the Legislative Authority has placed signs indicating no crossing.

"Driver" or "operator" means every person who drives or is in actual physical control of a 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.

"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.

"Expressway" means a divided arterial highway for through traffic with full or partial control of access with an excess of 50% of all crossroads separated in grade.

"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.

"Freeway" means a divided multi-lane highway for through traffic with crossroads separated in grade and with full control of access.

"Funeral escort vehicle" means any motor vehicle, including a funeral hearse, while used to facilitate the movement of a funeral procession.

"Gross weight" means the weight of a vehicle plus the weight of any load thereon.

(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(b) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. If an intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of the highways shall be regarded as a separate intersection.

"Laned highway" means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.

"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.

"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, 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, trailers 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 of 25 miles per hour or less, threshing machinery, hay-baling machinery, agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural, and vegetable products, 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 25 miles per hour or less.

"Motorcycle" means every motor vehicle other than a tractor having a 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," or "motorcycle" without regard to weight or brake horsepower.

"Motorized bicycle" means any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled, and is equipped with a helper motor of not more than 50 cubic centimeters piston displacement which produces no more than one brake horsepower, and is capable of propelling the vehicle at a speed of no greater than 20 miles per hour on a level surface.

"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.

"Parking," when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

"Person" means every natural person, firm, partnership, association or corporation.

"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.

"Police officer" means every officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations.

"Private road or driveway" 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.

(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 Commercial Motor Vehicle Safety Enforcement Unit for the enforcement of orders and rules of the Public Utilities Commission as specified in Ohio R.C. 5503.34.

"Railroad" means a carrier of persons or property operating upon rails placed principally on a private right-of-way.

"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 railroad train.

"Railroad train" means a steam engine or an electric or other motor, with or without cars coupled thereto, operated by a railroad.

"Resi1ence 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.

"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 ridesharing arrangements known as carpools, vanpools, and buspools.

(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 right-of-way limits under the control of the State or local authority.

"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, except the berm or shoulder. If a highway includes two or more separate roadways, the term "roadway" means any roadway separately, but not all the roadways collectively.

"Rural mail delivery vehicle" means every vehicle used to deliver United States mail on a rural mail delivery route.

"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.

"School bus" means every bus designed for carrying more than nine passengers which 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; provided "school bus" does not include a bus operated by a municipally owned transportation system, a mass transit company operating exclusively within the territorial limits of a municipality, or within such limits and the territorial limits of municipalities immediately contiguous to the municipality, nor a common passenger carrier certified by the Public Utilities Commission unless the bus is devoted exclusively to the transportation of children to and from a school session or a school function, and "school bus" does not include a van or bus used by a licensed child day-care center or Type A family day-care home to transport children from the child day-care center or Type A family day-care home to a school if the van or bus does not have more than 15 children in the van or bus at any time.

"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.

"Sidewalk" means that portion of a street between the curb lines, or the lateral line of a roadway, and the adjacent property lines, intended for the use of pedestrians.

"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.

"State route" means every highway which is designated with an official state route number and so marked.

"Stopping" and "standing," when prohibited, mean any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device.

"Stop intersection" means any intersection at one or more entrances of which stop signs are erected.

"Street" or "highway" means the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel.

"Through street or highway" means every street or highway as provided in Ohio R.C. 4511.65, or a substantially similar municipal ordinance.

"Thruway" means a through street or highway whose entire roadway is reserved for through traffic and on which roadway parking is prohibited.

"Traffic" means pedestrians, ridden or herded animals, vehicles and other devices, either singly or together, while using any highway for purposes of travel.

"Traffic control devices" means all flagpersons, signs, signals, markings, and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic, including signs denoting names of streets and highways.

"Traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop, to proceed, to change direction, or not to change direction.

"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 25 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 25 miles per hour.

"Truck" means every motor vehicle, except trailers and semitrailers, designed and used to carry property.

"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.

"Vehicle" means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except motorized wheelchairs, electric personal assistive mobility devices, devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks, and devices other than bicycles moved by human power.

CROSS REFERENCES

See section histories for similar State law

Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.61 et seq.

State point system suspension - see Ohio R.C. 4507.021

Power of trial court of record to suspend or revoke license for certain violations -

see Ohio R.C. 4507.16, 4507.33

Uniform application of Ohio Traffic Law - see Ohio R.C. 4511.06

Marking motor vehicles used by traffic officers - see Ohio R.C. 4539.13

Distinctive uniform required for traffic officers - see Ohio R.C. 4539.15

Exceptions for emergency or public safety vehicles - see TRAF. 331.20, 333.06

Ignition interlock devices - see TRAF. 337.27

303.01 COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER; FLEEING. (RECODIFIED)

(EDITOR'S NOTE: Section 303.01 was recodified as part of the 1989 updating and revision of these Codified Ordinances. See Section 525.095 of the General Offenses Code.)

2001 Replacement

(a) Police officers shall direct or regulate traffic in accordance with the provisions of this Traffic Code, provided that in the event of fire or other emergency or to expedite traffic or safeguard pedestrians, they are authorized to direct traffic as conditions may require notwithstanding the provisions of this Traffic Code. Firefighters, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. The direction of traffic may be by word or audible signal, by gesture or visible signal or by any combination thereof. No person shall fail to comply with any lawful order or direction of any police officer or firefighter issued pursuant to this section.

(b) No person shall fail to comply with any lawful order or direction of any school crossing guard invested with authority to direct, control or regulate traffic in the vicinity of the school to which such guard may be assigned.

A law enforcement officer may remove the ignition key left in the ignition switch of an unlocked and unattended motor vehicle parked on a street or highway. The officer removing the key shall place notification upon the vehicle detailing his or her name and badge number, the place where the key may be reclaimed, and the procedure for reclaiming the key. The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership.

(a) No person shall resist, hinder, obstruct, or abuse any sheriff, constable, or other official while such official is attempting to arrest offenders under the provisions of this Traffic Code. No person shall interfere with any person charged under such sections with the enforcement of the law relative to public highways.

(c) It is a defense to prosecution under this section that the hindrance, obstruction, resistance, or interference alleged consisted of constitutionally protected speech only.

(a) The provisions of this Traffic Code do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway within an area designated by traffic-control devices, but apply to those persons and vehicles when traveling to or from such work.

(b) The drivers of snow plows, traffic line stripers, road sweepers, mowing machines, tar distributing vehicles, and other vehicles utilized in snow and ice removal or road surface maintenance, while engaged in work upon a highway, provided these vehicles are equipped with flashing lights and other markings as are required by law, and these lights are in operation when the vehicles are so engaged, shall be exempt from criminal prosecution for violations of Ohio R.C. 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, and 4511.66, and any substantially similar municipal ordinance. This exemption shall not apply to the drivers when their vehicles are not so engaged. This section shall not exempt a driver of such equipment from civil liability arising from the violation of the sections enumerated above.

(a) The provisions of Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.15, 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 any substantially similar municipal ordinances, 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 vehicles 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.

(b) The provisions of 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, or any substantially similar municipal ordinances, do not apply to a coroner, deputy coroner or coroner's investigator operating a motor vehicle in accordance with Ohio R.C. 4513.171 or a substantially similar municipal ordinance. This division 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.

Every person riding, driving, or leading an animal upon a roadway is subject to the provisions of this Traffic Code, applicable to the driver of a vehicle, except those provisions of this Traffic Code which by their nature are inapplicable.

(a) No person, unless otherwise directed by a police officer, shall, 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 the 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) No person, unless otherwise directed by a police officer, shall 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, or farm machinery, except in the performance of public works or official duties.

The provisions of this Traffic Code applicable to the drivers of vehicles shall apply to the drivers of all vehicles owned or operated by the United States, any state or any political subdivision thereof, including this Municipality, except as may be otherwise provided by law and subject to such specific exceptions as are set forth with reference to authorized emergency and public safety vehicles.

(a) Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:

(1) 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;

(2) When any motor vehicle, including an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, is left on private residential property, as defined in Ohio R.C. 4513.60, or on private agricultural property, for at least four consecutive hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for 48 consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place, except that when such a motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately;

(3) When any vehicle has been stolen or operated without the consent of the owner;

(3) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;

(5) When any vehicle has been used in or connected with the commission of a felony;

(6) 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;

(7) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;

(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;

(9) When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked;

(10) 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.

(b) Any vehicle removed under authority of division (a)(2) of this section shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Division 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 Division 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.

In addition to any charges incurred by the Police Division for towing and/or storage, the charge for storage shall be an amount not to exceed eight dollars ($8.00) per twenty-four hour period, except if the vehicle has a laden gross vehicle weight in excess of 15,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer, in which case the storage charge shall not exceed twelve dollars ($12.00) per twenty-four hour period.

(c) No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which as been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima-facie evidence that it was so removed by the owner or operator.

303.09 LEAVING JUNK AND OTHER VEHICLES ON PRIVATE OR PUBLIC PROPERTY WITHOUT PERMISSION OR NOTIFICATION.

(a) No person shall leave any motor vehicle, other than an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, on private residential or private agricultural property for more than four hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right of way of any road or highway, for forty-eight hours or longer, without notification to the Chief of Police of the reasons for leaving the motor vehicle in such place.

(b) No person shall leave a vehicle, other than an abandoned junk motor vehicle, at a repair garage or place of storage for a longer period than that agreed upon by the owner of such garage or place of storage and the owner or person in custody or control of such vehicle.

(c) Divisions (a) and (b) of this section do not apply to any private residential property or private agricultural property that is established as a private tow-away zone in accordance with Section 351.22.

(d) As used in divisions (a) through (c) of this section, "private residential property" means private property on which is located one or more structures that are used as a home, residence, or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. "Private residential property" does not include any private property on which is located one or more structures that are used as a home, residence, or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.

(e) (1) No person shall willfully leave an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, on private property for more than 72 hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway for 48 hours or longer without notification to the Police Chief of the reason for leaving the motor vehicle in such place.

(2) For purposes of this division (e), the fact that a motor vehicle has been so left without permission or notification is prima facie evidence of abandonment.

(3) Nothing contained in this section and Ohio R.C. 4513.60, 4513.61 and 4513.63 shall invalidate or prevent the enactment of further provisions of municipal ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property, or private property within the Municipality.

(f) Whoever violates this section is guilty of a minor misdemeanor and shall also be assessed any costs incurred by the Municipality in disposing of such abandoned junk motor vehicle, less any money accruing to the Municipality from such disposal.

No person shall enter into or upon any vehicle, motorcycle or motor vehicle, the property of any person, without the consent of the owner or operator thereof.

(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.

303.99 TRAFFIC CODE MISDEMEANOR CLASSIFICATIONS AND PENALTIES; SUSPENSION OR REVOCATION OF DRIVER'S LICENSE.

(1) Whoever violates any provision of this Traffic Code, for which no penalty otherwise is provided, is guilty of one of the following:

A. Except as otherwise provided in division (a)(2), (a)(3), (b), (c) or (d) 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 one violation of any provision of this Traffic Code for which no penalty is otherwise provided or of a state law or municipal ordinance that is substantially similar to any provisions of this Traffic Code for which no penalty is otherwise provided, 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 two or more violations of any provision described in division (a)(2) of this section or any state law or municipal ordinance that is substantially similar to those provisions, a misdemeanor of the third degree.

(2) When any person is found guilty of a first offense for a violation of Section 333.03 upon a finding that he or she operated a motor vehicle faster than 35 miles an hour in a business district of the Municipality, or faster than 50 miles an hour in other portions, or faster than 35 miles an hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, such person is guilty of a misdemeanor of the fourth degree.

(3) Notwithstanding division (b) of this section and Ohio R.C. 2929.21, upon a finding that such person operated a motor vehicle in a construction zone, as defined in Ohio R.C. 5501.27, 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 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 who alleges, in an affidavit filed with the court prior to his or her sentencing, that he or she is indigent and is unable to pay the fine imposed pursuant to this division (a)(3), provided the court determines that the offender is an indigent person and is unable to pay the fine.

(4) Notwithstanding division (b), division (a)(3) of this section, and Ohio R.C. 2929.21, upon a finding that a person operated a motor vehicle in violation of Section 331.05(c), 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.

(1) Whoever is convicted of or pleads guilty to a misdemeanor, other than a minor misdemeanor, 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.

A. For a misdemeanor of the first degree, not more than one thousand dollars ($1,000.00);

B. For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);

C. For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);

D. For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00).

(4) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than one hundred dollars ($100.00).

(5) The court may require a person who is convicted of or pleads guilty to a misdemeanor to make restitution for all or part of the property damage that is caused by his or her offense.

(c) Suspension or Revocation of Driver's License. Except as may otherwise be provided in the Ohio Revised Code, whenever an offender is convicted of or pleads guilty to a violation of any provision of this Traffic Code that is substantially similar to a provision of the Ohio Revised Code, and a court is permitted or required to suspend or revoke a person's driver's or commercial driver's license or permit for a violation of that provision, a court, in addition to any other penalties it is authorized by law to impose upon the offender, may suspend the offender's driver's or commercial driver's license or permit for the period of time the court determines appropriate, or may revoke the license or permit, but in no case shall the period of suspension imposed for the violation of the provision of this Traffic Code exceed the period of suspension that is permitted or required to be imposed for the violation of the provision of the Ohio Revised Code to which the provision of this Traffic Code is substantially similar.

CROSS REFERENCES

Power to designate highway as a freeway, expressway or thruway - see Ohio R.C.

4511.011

Uniform system of traffic control devices - see Ohio R.C. 4511.09, 4511.11

Placing and maintaining local traffic control devices- see Ohio R.C. 4511.10, 4511.11

Alteration of prima facie speed limits - see Ohio R.C. 4511.21, 4511.22, 4511.23

Power to erect stop signs at grade crossings - see Ohio R.C. 4511.61

Designation of through streets and erection of stop or yield signs - see Ohio R.C.

4511.65; TRAF. 313.02

Traffic control devices defined - see TRAF. 301.46

305.01 DIVISION OF TRAFFIC ENGINEERING AND SAFETY CREATED.

Pursuant to Ohio R.C. 737.021 and 737.022, a Division of Traffic Engineering and Safety is hereby created, and the Director of Public Safety shall be the executive head of such Division.

305.02 AUTHORITY AND CONSIDERATIONS FOR PLACEMENT OF DEVICES.

The Director of Public Safety is hereby authorized to place and maintain traffic control devices upon any street or highway under his jurisdiction as are necessary to effectuate the provisions of this Traffic Code, or to regulate, warn or guide traffic, and such other traffic control devices as he shall deem necessary for the proper control of traffic. The Director of Public Safety shall determine the location, timing and coordination of such traffic control devices upon the basis of an applicable engineering or traffic investigation and shall consider the following:

(a) The maximum safety and protection of vehicular and pedestrian traffic from physical injury or property damage.

(b) The existing and potential traffic movement, volume and conditions.

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(e) The acceleration of transportation of persons and property by vehicles so as to expedite travel and promote public safety.

(f) The convenience and welfare of the general public in parking, standing, loading and unloading, and the use of the streets as affecting business concerns and places of assembly.

All traffic control devices placed pursuant to the provisions of this Traffic Code shall conform to the Ohio Manual and Specifications for a Uniform System of Traffic-Control Devices, as set forth in Ohio R.C. 4511.09.

(a) Designate any street or highway as a through street or highway and require that all vehicles stop or yield the right-of-way as may be required before entering the same;

(b) Designate any intersection as a stop intersection and require all vehicles to stop at one or more entrances to such intersection;

(d) Designate any street as a one-way street and require that all vehicles thereon be moved in one specific direction;

(e) Designate and mark lanes to be used by traffic moving in a particular direction regardless of the centerline of the roadway;

(f) Erect signs directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction;

(g) Designate those portions of any street, where overtaking and passing other traffic or driving to the left of the center or centerline of the roadway would be especially hazardous, by appropriate signs or markings on the street to indicate the beginning and end of such zones. Such zones may be marked by an auxiliary yellow line placed parallel and to the right of the normal centerline or offset marked lane line;

(h) Place markers, buttons or signs within or adjacent to intersections and require that a specific course of direction be traveled by vehicles proceeding in lanes by either permitting, prohibiting or requiring turns at such intersections;

(i) Install traffic control devices, signals and signs at any location to regulate traffic;

(k) Close any street or portion thereof to vehicular traffic which is in the process of construction, reconstruction or repair;

(o) Erect "No U Turn" signs at any location to prohibit a vehicle from being turned so as to proceed in the opposite direction;

(p) Regulate or prohibit the stopping, standing and parking of vehicles on streets, alleys or public property by erecting signs plainly indicating the prohibitions, restrictions or limitations;

(q) Designate individual parking spaces by markings, which may either be parallel or at a prescribed angle to the curb or edge of the roadway.

(r) Designate truck routes and streets or parts thereof where either a weight limit restriction or truck exclusion has been imposed by rule or regulation provided such is not in conflict with any legislation.

No provision of this chapter shall be effective until signs, signals, markings or other devices giving notice of such local traffic regulations are posted upon or at the entrance to the street or part thereof affected, as may be most appropriate, so that in a proper position they are sufficiently legible to be seen by an ordinarily observant person.

The powers of the Director of Public Safety shall not be limited by the specific enumeration of subjects contained in this chapter.

The Director of Public Safety shall keep a record of all rules, regulations and proceedings promulgated in connection with this chapter.

Notwithstanding the provisions of this chapter, Council may override any decision of the Director of Public Safety and may assume any of the powers delegated to such person, by a resolution adopted by a vote of a majority of the members duly elected thereto. Upon the adoption of any such resolution, the same may be changed only by an amending or repealing resolution adopted by Council.

Except as otherwise provided, any person violating the rules and regulations promulgated in connection with this chapter is guilty of a misdemeanor which shall be classified as provided in Section 303.99.

CROSS REFERENCES

See section histories for similar State law

Power to regulate processions or assemblages - see Ohio R.C. 4511.07

Dropping, sifting and leaking loads - see TRAF. 339.08

311.01 PLACING INJURIOUS MATERIAL OR OBSTRUCTION IN STREET.

(a) No person 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 the highway, 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 highway any destructive or injurious material shall immediately remove the same.

(c) Any person authorized to remove a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

(d) No person shall place any obstruction in or upon a highway without proper authority.

(e) No person, with intent to cause physical harm to a person or a 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.

(ORC 4511.74)

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(f) Whoever violates division (e) of this section is guilty of a misdemeanor of the first degree.

No person, group or 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.

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.

(a) 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.

(b) 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.

(c) 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.

(d) The parade would unreasonably interfere with another parade for which a permit has been issued.

(e) The information contained in the application is found to be false, misleading or incomplete in any material detail.

(f) An emergency such as a fire or storm would prevent the proper conduct of the parade.

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.

Whenever any funeral or similar memorial service for a deceased person is conducted in any funeral parlor or funeral home or any building or similar structure intended and provided for the purpose of holding and conducting funeral services therein, the alinement, arrangement or order of motor vehicles into a procession or other similar arrangement for the purpose of proceeding from the site of such funeral services or memorial services to the place of burial or other similar service shall be conducted solely upon the property where such funeral or memorial services had been conducted and not upon any public street or highway within the City.

Whenever authorized signs are erected designating any street or part thereof as a play street, no person shall drive a vehicle upon such street or portion thereof unless necessary to the service or convenience of persons residing on such street or unless such person resides thereon.

No person shall fly a kite or play any game of ball or quoits or other game on any street unless such street has been set aside for playground purposes.

No person upon roller skates or riding in or by means of any coaster, toy vehicle or similar device, shall go upon a roadway except while crossing a street at a crosswalk and except upon streets set aside as play streets when and as authorized as such.

No person removing snow from any driveway or sidewalk within the City shall deposit the same on the pavement or sidewalk of any public streets or in any tree lawn in any public street except the tree lawn immediately in front of the premises from which the snow is removed.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

CROSS REFERENCES

See section histories for similar State law

Designation of through streets or stop intersections - see Ohio R.C. 4511.07, 4511.65

Uniform system of traffic control devices - see Ohio R.C. 4511.09, 4511.11;

TRAF. 305.03

Placing and maintaining local traffic control devices - see Ohio R.C. 4511.10, 4511.11

Traffic control devices defined - see TRAF. 301.46

313.01 OBEDIENCE TO TRAFFIC CONTROL DEVICES.

(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 Traffic Code, unless at the time otherwise directed by a police officer.

(b) No provision of this Traffic 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 of this Traffic Code does not state that signs are required, that section shall be effective even though no signs are erected or in place.

(ORC 4511.12)

313.02 THROUGH STREETS; STOP AND YIELD RIGHT-OF-WAY SIGNS.

(a) All State routes are hereby designated as through highways, provided that stop signs, yield signs, or traffic-control signals shall be erected at all intersections with such

through highways by the Department of Transportation as to highways under its

jurisdiction and by local authorities as to highways under their jurisdiction, except as otherwise provided in this section. Where two or more state routes that are through highways intersect, and no traffic-control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto by the Department or by local authorities having jurisdiction, except as otherwise provided in this section. Whenever the Director

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of Transportation determines on the basis of an engineering and traffic investigation that stop signs are necessary to stop traffic on a through highway for safe and efficient operation, nothing in this section shall be construed to prevent such installations. When circumstances warrant, the Director also may omit stop signs on roadways intersecting through highways under his or her jurisdiction. Before the Director either installs or removes a stop sign under this division, he or she shall give notice, in writing, of that proposed action to the affected local authority at least 30 days before installing or removing the stop sign.

(b) Other streets or highways, or portions thereof, are hereby designated as through highways if they are within the Municipality, if they have a continuous length of more than one mile between the limits of the street or highway or portion thereof, and if they have stop or yield signs or traffic-control signals at the entrances of the majority of intersecting streets or highways. For purposes of this section, the limits of the street or highway, or portion thereof, shall be the municipal corporation line, the physical terminus of the street or highway, or any point on the streets or highway at which vehicular traffic thereon is required by regulatory signs to stop or yield to traffic on the intersecting street, provided, that in residence districts, the Municipality may by ordinance designate such street or highway, or portion thereof, not to be a through highway and thereafter the affected residence district shall be indicated by official traffic-control devices. Where two or more through highways designated under this division intersect and no traffic-control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto by the Department or by local authorities having jurisdiction, except as otherwise provided in this section.

(c) The Department or local authorities having jurisdiction need not erect stop signs at intersections they find to be so constructed as to permit traffic to safely enter a through highway without coming to a stop. Signs shall be erected at such intersections indicating that the operator of a vehicle shall yield the right-of-way to or merge with all traffic proceeding on the through highway.

(d) Local authorities, with reference to highways under their jurisdiction, may designate additional through highways, and shall erect stop signs, yield signs, or traffic-control signals at all streets and highways intersecting such through highways, or may designate any intersection as a stop or yield intersection, and shall erect like signs at one or more entrances to the intersection.

(a) Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red, and yellow shall be used, except for special pedestrian signals carrying words or symbols, and these lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

A. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left, unless a sign at the place prohibits either turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

B. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the arrow, or such other movement as is permitted by other indications shown at the same time. The vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

C. Unless otherwise directed by a pedestrian-control signal, as provided in Ohio R.C. 4511.14 or a substantially similar municipal ordinance, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

A. Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

B. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Ohio R.C. 4511.14 or a substantially similar municipal ordinance, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.

A. Vehicular traffic facing a steady red signal alone 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 before entering the intersection, and shall remain standing until an indication to proceed is shown except as provided in divisions (a)(3)B. and C. of this section.

B. Unless a sign is in place prohibiting a right turn as provided in division (a)(3)E. of this section, vehicular traffic facing a steady red signal may cautiously enter the intersection to make a right turn after stopping as required by division (a)(3)A. of this section. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

C. Unless a sign is in place prohibiting a left turn as provided in division (a)(3)E. of this section, vehicular traffic facing a steady red signal on a one-way street that intersects another one-way street on which traffic moves to the left may cautiously enter the intersection to make a left turn into the one-way street after stopping as required by division (a)(3)A. of this section, and yielding the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

D. Unless otherwise directed by a pedestrian-control signal as provided in Ohio R.C. 4511.14 or a substantially similar municipal ordinance, pedestrians facing a steady red signal alone shall not enter the roadway.

E. Local authorities may 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.

(b) In the event an official traffic-control 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 sign or marking, the stop shall be made at the signal.

When lane-use control signals are placed over individual lanes of a street or highway, these signals shall indicate and apply to drivers of vehicles as follows:

(a) A Steady (Downward) Green Arrow. Vehicular traffic may travel in any lane over which a green arrow signal is shown.

(b) A Steady Yellow "X". Vehicular traffic is warned to vacate in a safe manner any lane over which such signal is shown to avoid occupying that lane when a steady red "X" signal is shown.

(c) A Flashing Yellow "X". Vehicular traffic may use with proper caution any lane over which this signal is shown for only the purpose of making a left turn.

(d) A Steady Red "X". Vehicular traffic shall not enter or travel in any lane over which this signal is shown.

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, these signals shall indicate the following instructions:

(a) "Walk" or the Symbol of a Walking Person. Pedestrians facing this signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the operators of all vehicles.

(b) "Don't Walk" or the Symbol of an Upraised Palm. No pedestrian shall start to cross the roadway in the direction of the signal.

(c) "Wait". Nothing in this section shall be construed to invalidate the continued use of pedestrian-control signals utilizing the word "wait" if those signals were installed prior to March 28, 1985.

(a) Whenever an illuminated flashing red or yellow traffic signal is used in a traffic signal or with a traffic sign, it shall require obedience as follows:

(1) Flashing Red Stop Signal. Operators of vehicles 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 roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

(2) Flashing Yellow Caution Signal. Operators of vehicles may proceed through the intersection or past the signal only with caution.

(b) This section shall 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, or substantially similar municipal ordinances.

(a) No person shall place, maintain, or display upon or in view of any highway 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 highway any traffic sign or signal bearing thereon any commercial advertising. This section does not prohibit either the erection upon private property adjacent to highways 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 prohibited sign, signal, marking, or device is a public nuisance, and the authority having jurisdiction over the highway may remove the same or cause it to be removed.

(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) Except as otherwise provided in this division, whoever violates divisions (a)(1) or (a)(3) of this section is guilty of a misdemeanor of the third degree. If a violation of divisions (a)(1) or (a)(3) of this section creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first degree. A violation of divisions (a)(1) or (a)(3) of this section that causes serious physical harm to property that is owned, leased, or controlled by a State or local authority is a felony to be prosecuted under appropriate State law.

(a) When signs have been erected giving notice thereof, no driver of any vehicle, streetcar or trackless trolley facing a steady red signal shall make a right turn at any of the following intersections:

(1) The intersection of Lake Shore Boulevard and East 288th Street for eastbound traffic turning south and southbound traffic turning west;

(2) The intersection of Fairway Boulevard, East 288th Street and Grand Boulevard for southbound traffic turning west;

(3) The intersection of East 305th Street and North Marginal Road for westbound traffic turning north;

(4) The intersection of East 305th Street and westbound exit ramp for westbound traffic turning north;

(5) The intersection of Lake Shore Boulevard, East 305th Street and Bayridge Boulevard for eastbound traffic turning south, northbound traffic turning east and westbound traffic turning northeast;

(6) The intersection of Lake Shore Boulevard and North Shore Mall for northbound traffic turning east;

(7) The intersection of Lake Shore Boulevard and Vine Street for westbound traffic turning northeast, eastbound traffic turning southeast and northeastbound traffic turning east; and

(8) The intersection of Vine Street and Willowick Drive for traffic turning either north or south from Vine Street or east or west from Willowick Drive.

(b) The Chief of Police is hereby authorized to cause signs to be erected at the above intersections giving notice thereof.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

CROSS REFERENCES

See section histories for similar State law

Obedience to traffic control devices - see TRAF. 313.01

Operation of bicycles and motorcycles generally - see TRAF. 373.01 et seq.

Operation of snowmobiles, off-highway motorcycles and all-purpose vehicles -

see TRAF. 375.03, 375.04

331.01 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) Upon all roadways, any vehicle proceeding at less than the normal 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, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.

2001 Replacement

(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 division (a)(2) of this section.

(d) Division (c) of this section 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.

Operators of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each operator shall give to the other one-half of the main traveled portion of the roadway or as nearly one-half as is reasonably possible.

The following rules govern the overtaking and passing of vehicles proceeding in the same direction:

(a) The operator of a vehicle overtaking another vehicle proceeding in the same direction shall, except as provided in division (c) of this section, 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.

(b) 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 or she shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

(c) 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.

(a) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(2) Upon a 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 the movement in safety. The movement shall not be made by driving off the roadway.

No vehicle shall be driven to the left of the center of the roadway in overtaking and passing traffic proceeding in the same direction, unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the 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 the traffic approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.

(a) No vehicle shall be driven upon the left side of the roadway under the following conditions:

(1) When approaching the crest of a grade or upon a curve in the 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; or

(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 roadway where traffic is lawfully directed to be driven to the left side, or under the conditions described in Ohio R.C. 4511.25(A)(2) or a substantially similar municipal ordinance.

The Department of Transportation may determine those portions of any State highway where overtaking and passing other traffic or driving to the left of the center or center line of the roadway would be especially hazardous, and may, by appropriate signs or markings on the highway, indicate the beginning and end of such zones. When signs or markings are in place and clearly visible, every operator of a vehicle shall obey the directions thereof, notwithstanding the distances set out in Ohio R.C. 4511.30.

Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within the Municipality traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply:

(a) 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 the lane or line until the driver has first ascertained that the movement can be made with safety.

(b) Upon a roadway which is divided into three lanes and provides for the 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 the center lane is clear of traffic within a safe distance, or when preparing for a left turn, or where the 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.

(c) 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.

(d) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.

(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 the vehicle and the traffic upon and the condition of the highway.

(b) The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon a roadway outside a business or residence district, shall maintain a sufficient space, whenever conditions permit, between the vehicle and another vehicle ahead so an overtaking motor vehicle may enter and occupy the space without danger. This division (b) 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 roadway outside of a business or residence district in a caravan or motorcade shall maintain a sufficient space between the vehicles so an overtaking vehicle may enter and occupy the space without danger. This division (c) shall not apply to funeral processions.

(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 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 roadway nearest the center line thereof and by passing to the right of the 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 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 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 the 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 roadway being entered lawfully available to traffic moving in that lane.

(b) The Department of Transportation and local authorities 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 turning at an intersection, and when markers, buttons, or signs are so placed, no operator of a vehicle shall turn the vehicle at an intersection other than as directed and required by the markers, buttons, or signs.

The driver of a vehicle intending to turn into a private road or driveway, alley or building from a public street or highway shall be governed by the following rules:

(a) 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 roadway.

(b) Upon a roadway where traffic is proceeding in opposite directions, approach for a left turn and a left turn shall be made from that portion of the right half of the roadway nearest the center line thereof.

(c) Upon a roadway where traffic is restricted to one direction, approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.

It shall be the duty of the driver of any vehicle entering a private road or driveway, alley or building to yield the right-of-way to pedestrians lawfully using the sidewalk or sidewalk area extending across any alleyway.

(a) Except as provided in division (b) of this section, 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.

(b) The driver of an emergency vehicle or public safety vehicle, when responding to an emergency call, may turn the vehicle so as to proceed in the opposite direction. This division applies only when 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 when the driver of the vehicle is giving an audible signal by siren, exhaust whistle, or bell. This division 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.

(c) Except as provided in subsection (b) hereof, no vehicle shall be turned so as to proceed in the opposite direction within an intersection, or upon any street in a business district, or upon a freeway, expressway or controlled-access highway, or where authorized signs are erected to prohibit such movement, or at any other location unless such movement can be made with reasonable safety to other users of the public way and without interfering with the safe operation of any traffic that may be affected by such movement.

(a) No person shall start a vehicle which is stopped, standing, or parked until the movement can be made with reasonable safety.

(b) Before backing, operators of vehicles shall give ample warning, and while backing they shall exercise vigilance not to injure person or property on the street or highway.

(3) As a result of an emergency caused by an accident or breakdown of a motor vehicle.

(a) No person shall turn a vehicle or move right or left upon a highway unless and until the 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.

(b) 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.

(c) 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.

(d) 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 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 24 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 14 feet, whether a single vehicle or a combination of vehicles.

(e) 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.

(a) Except as provided in division (b) of this section, all signals required by the provisions of this Traffic Code, when given by hand and arm, shall be given from the left side of the vehicle in the following manner, and the signals shall indicate as follows:

(b) As an alternative to division (a)(2) of this section, a person operating a bicycle may give a right turn signal by extending the right hand and arm horizontally and to the right side of the bicycle.

(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 division (a) of this section is modified at through highways and otherwise as stated in this Traffic Code or Ohio R.C. Chapter 4511.

The driver of a vehicle who approaches an intersection where traffic is controlled by traffic-control signals shall do all of the following, if the signal facing him or her either exhibits no colored lights or colored lighted arrows or exhibits a combination of such lights or arrows that fails to clearly indicate the assignment of right-of-way:

(a) 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;

(b) 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;

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 which is within the intersection or so close thereto as to constitute an immediate hazard.

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 roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Whenever a driver is involved in a collision with a vehicle in the intersection or junction of 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.

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 roadway where the driver has a view of approaching traffic on the intersecting 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 roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.

The driver of any emergency vehicle or public safety vehicle, when responding to an emergency call, upon approaching a red or stop signal or any stop sign, shall slow down as necessary for safety to traffic, but may proceed cautiously past the red or stop sign or signal with due regard for the safety of all persons using the street or highway.

(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 to a position parallel to, and as close as possible to, the right edge or curb of the highway 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 highway.

(c) This section applies to a coroner's vehicle only when the vehicle is operated in accordance with Ohio R.C. 4511.171, or a substantially similar municipal ordinance. 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) Whoever violates 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.

331.215 DRIVING WHILE APPROACHING STATIONARY PUBLIC SAFETY VEHICLE WITH FLASHING LIGHTS.

(a) The driver of a motor vehicle, upon approaching a stationary public safety vehicle that is displaying a flashing red light, flashing combination red and white light, oscillating or rotating red light, oscillating or rotating combination red and white light, flashing blue light, flashing combination blue and white light, oscillating or rotating blue light, or oscillating or rotating combination blue and white light, shall do either of the following:

(1) If the driver of the motor vehicle is traveling on a 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 and with due regard to the road, weather, and traffic conditions, shall change lanes into a lane this is not adjacent to that of the stationary public safety vehicle.

(2) If the driver is not traveling on a highway of a type described in division (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 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 divisions (a)(1) or (a)(2) of this section when so required by division (a) of this section.

(d) As used in this section, "public safety vehicle" has the same meaning as in Ohio R.C. 4511.01.

(e) Upon a finding that a person operated a motor vehicle in violation of division (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.

The operator of a vehicle about to enter or cross a highway 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.

331.23 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY; STOPPING AT SIDEWALK.

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.

(a) As used in this section, "funeral procession" means two or more vehicles accompanying a body of a deceased person in the daytime when each of such vehicles has its headlights lighted and is displaying a purple 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 Ohio R.C. 4511.45 or a substantially similar municipal ordinance, or when directed otherwise by a police officer, pedestrians and the operators of all vehicles shall yield the right-of-way to each vehicle which 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 the Ohio Revised Code, provided the operator of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian upon the roadway.

(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 pennant in such a manner as to be clearly visible to traffic approaching from any direction.

(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 a position as to interfere with the driver's view ahead or to the sides, or to interfere with his or her 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.

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 the highway.

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 the vehicle within the block where the fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a police officer or a firefighter.

No vehicle shall, without the consent of the fire department official in command, be driven over any unprotected hose of a fire department, when the hose is laid down on any street or private driveway to be used at any fire or alarm of fire.

(a) Upon a roadway designated and posted with signs for one-way traffic, a vehicle shall be driven only in the direction designated.

(b) A vehicle passing around a rotary traffic island shall be driven only to the right of the island.

Whenever any highway has been divided into two roadways by an intervening space, or by a physical barrier, or a clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, and no vehicle shall be driven over, across, or within any dividing space, barrier, or section, except through an opening, crossover, or intersection established by public authority. This section does not prohibit the occupancy of the dividing space, barrier, or section for the purpose of an emergency stop, or in compliance with an order of a police officer.

No person shall drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority.

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 or she is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding any traffic-control signal indication to proceed.

No person shall operate a motor vehicle or motorcycle upon any street or highway without exercising reasonable and ordinary control over such vehicle.

No person shall operate a motor vehicle or motorcycle upon any street or highway in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.

No person shall occupy any travel trailer or manufactured or mobile home while it is being used as a conveyance upon a street or highway.

No person shall unnecessarily race the motor of any vehicle and no person shall operate any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the roadway, commonly called "peeling".

(a) No person shall drive any vehicle, other than a bicycle, upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway.

(b) Nothing in this section shall be construed as prohibiting local authorities from regulating the operation of bicycles.

(c) No person shall drive a vehicle on a tree lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized.

(1) "School bus" means every motor vehicle designed for carrying more than five passengers which 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 function, or owned by a private person and operated for compensation for the transportation of children to or from a school session or school function, or operated to transport persons attending programs offered by community boards of mental health and County boards of mental retardation and developmental disabilities.

(2) "Children's bus" means every motor vehicle, other than a school bus, designed for carrying more than five passengers operated for the transportation of children to or from children's camps, nursery schools, instruction classes, Y.M.C.A. camps or centers, or other places where children congregate for instruction, health care, recreation or entertainment.

(3) "School bus or children's bus bearing the prescribed warning marking" means a school bus or children's bus which is painted national school bus chrome number two and is marked, or bears a sign on a background of national school bus chrome number two, on both front and rear with the words "school bus", "camp bus", "children's bus", "Y.M.C.A. bus" or other similar designation indicating that such bus normally transports children, in black lettering not less than eight inches in height, and on the rear of the bus with the word "stop" in black lettering not less than ten inches in height.

(4) "Vehicle" means every device in, upon or by which any person or property may be transported or drawn upon a highway, road, street, alley or public way, except devices, other than bicycles, moved by human power.

(1) The driver of a vehicle upon a highway, street, road, alley or public way within the City shall upon meeting or overtaking from either direction any school bus or children's bus bearing the prescribed warning markings which has stopped on the public roadway or berm thereof for the purpose of receiving or discharging passengers, and on which there are not less than two red or amber flashing lights then operating on the end of the bus toward which the driver of the vehicle is approaching shall stop the vehicle prior to reaching and not less than ten feet from such bus and shall remain so stopped and shall not proceed until such bus resumes motion or until signaled by the driver of such bus to proceed.

(2) Where the roadway or bean on which the school bus or children's bus is stopped is part of a road which is divided into two roadways by an intervening unpaved space or barrier constructed so as to physically impede vehicular traffic from crossing from one portion of the roadway to the other, the driver of a vehicle proceeding on the portion of the roadway opposite the portion thereof upon which such school bus or children's bus is stopped, need not stop or remain stopped under the provisions of this section.

(3) Where the school bus or children's bus is stopped on a roadway or berm thereof which roadway has four or more traffic lanes, the driver of a motor vehicle proceeding in a direction opposite to that of such bus need not stop or remain stopped under the provisions of this section.

(4) When the school bus or children's bus is stopped within 100 feet of an intersection where traffic in all directions is alternately directed to stop by a traffic control signal then so operating, the driver of a vehicle entering such intersection from a direction other than that of such bus need not stop or remain stopped under the provisions of this section.

(5) Nothing in this section shall be deemed to permit any conduct prohibited by the laws of the State or any ordinance of the City.

(6) It is no defense to a charge under this subsection (b) that the school bus involved failed to display or be equipped with an automatically extended stop warning sign as required by Section 331.39(m) hereof.

(c) Prohibiting Misleading Markings. No person who is the owner of a motor vehicle designed for carrying more than five passengers which is used or is to be used exclusively for purposes other than as a school bus or children's bus, shall operate it or permit it to be operated within the City unless it has been painted a color different from national school bus chrome number two and painted in such a way that the words "stop" and "school bus", "camp bus" or similar words referred to in subsection (a) hereof are obliterated.

(a) Safety in Operation. Operators of school buses and children's buses shall at all times operate such vehicles in a safe, prudent and careful manner having due regard for the traffic and the use of the street or highway by others.

(b) Speed. No school bus or children's bus shall be operated on the streets or highways at a speed in excess of the safe and legal speed for the driving conditions prevailing. A school bus or children's bus shall not cut in and out of moving traffic. When traffic is congested, when road conditions are hazardous or when bad weather reduces driver visibility, the driver shall definitely reduce his speed to meet those conditions.

(c) Overtaking and Passing. A school bus or children's bus shall not be driven to the left of the center line of the roadway in overtaking and passing traffic proceeding in the same direction unless such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completed without interfering with the safe operation of any traffic approaching from the opposite direction or any traffic overtaken.

(d) Allowing Others to Pass. The school bus or children's bus driver shall be considerate of other motorists and shall afford opportunity for other vehicles to pass if along line of vehicles accumulates at the rear of the bus. While stopped but not loading or discharging pupils, the driver shall turn off his flasher lights and signal traffic to proceed.

(e) Parking Prohibited. A school bus or children's bus shall not be parked within the limits of the street or highway right of way when not in use.

(f) Maintaining Space Between Vehicles. The operator of the school bus or children's bus shall remain at least 100 feet from the preceding moving vehicle when driving on the school grounds and 400 feet while driving along the highway at normal speed.

(g) Doors. The doors of the school bus or children's bus shall be kept closed while the bus is in motion and shall be kept closed until the bus is completely stopped to take on or discharge pupils. The emergency door shall be equipped with a fastening device which may be quickly released, but which is protected from accidental release. Control from the driver's seat is not permitted. Provision for opening from outside shall consist of a type of handle of such design as to prevent "hitching", but which will permit opening when necessary.

(h) Railroad Crossings. Before crossing at grade any railroad track the driver shall stop the school bus or children's bus and turn on the flashing stop lights and while so stopped he shall listen through an open door or open window and look in both directions along the track for any approaching train and for signals indicating the approach of a train and shall proceed only upon exercising due care after stopping, looking and listening as required by this section, and upon proceeding, after turning off the flashing stop lights, shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and shall not shift gears while crossing the tracks.

(1) All loading and unloading at the school buildings shall be done on the school grounds, or, where that is impossible, away from all traffic at the side of the road adjoining the school grounds with the bus facing in the legal direction and on the legal side of the road.

(2) All stop signal, lamps shall be turned off while loading and unloading at the school building in order that traffic may proceed without interference.

(j) Care When Fueling. The driver shall not permit the gasoline tank to be filled while pupils are on the bus or while the motor is running.

(1) Every pupil should be seated in an assigned seat. No bus shall be overloaded. The bus shall be considered overloaded when standees are in excess of ten percent of the rated seating capacity of the bus.

(2) The driver shall not permit an uneven distribution of his load. When picking up pupils he shall alternate the filling of front and rear seats. When unloading, care shall be taken that the pupils remaining are fairly evenly distributed between front and rear seats. The pupils shall not move from seat to seat while the bus is in motion.

(3) When approaching a stop the bus driver shall cause the warning flasher lights to operate in advance of that stop so that motorists may have sufficient warning of his intention.

(4) In receiving and discharging pupils on the highway the bus shall be driven to the extreme right side of the paved or traveled portion of the roadway and brought to a full stop, with the flasher or warning lights in operation the full time that the bus remains stationary. Whenever any warning light fails to operate, the bus driver shall assume the responsibility of assuring the safe crossing for pupils to their residence side of the highway.

(5) Whenever a school bus or children's bus stops to discharge or load pupils who must cross the road at a point not under control of a traffic officer or clearly visible electrical or mechanical traffic signal, the pupils shall cross the highway at a point approximately ten feet in front of the standing bus. The bus shall not be started until the pupils are safely on their residence side of the road, or aboard the bus.

(6) In no event shall a bus be driven backward on the school grounds where children are being loaded or unloaded.

(7) The bus driver shall be the sole operator of the entrance door and shall not open the door until traffic has cleared the bus in both directions. Pupils who must cross the highway to reach their destination shall cross in front of the stopped bus only after the driver has verified that the warning lamps are operating and has notified them it is safe to cross.

(8) The door shall not be closed and the bus started again until such pupils have reached their residence side of the road.

(9) The driver shall not leave the bus until he has stopped the engine,.removed the ignition key and set the brakes.

(10) The driver of a school bus or children's bus shall not use or permit the use of tobacco, alcohol or narcotics in any form while pupils are riding in the bus.

(11) All buses shall be thoroughly cleaned on the inside daily and cleaned on th, outside as often as is necessary to keep the front and rear windows, mirrors and markings clearly visible.

(l) Maintenance of Order. The driver shall be in full charge of the bus at all times and shall be responsible for order. He should not exclude a pupil from the bus. If unable to manage any pupil, the driver shall report the unmanageable pupil to the Police Division.

(m) Equipment. Every school bus shall be equipped with amber and red visual signals meeting the requirements of Ohio R.C. 4511.771, and an automatically extended stop warning sign of a type approved by the State Board of Education, 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 or persons attending programs offered by community boards of mental health and County boards of mental retardation and developmental disabilities. The requirement of this section for school buses to be equipped with amber visual signals and an automatically extended stop warning sign shall apply to all new school buses contracted for on or after June 1, 1979, and to all other school buses on and after August 1, 1980. 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 mental retardation and developmental disabilities 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 Board.

(1) Whenever any person driving a vehicle approaches a railroad grade crossing, the person shall stop within 50 feet but not less than 15 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.

C. A flagperson gives or continues to give a signal of the approach or passage of a train.

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 railroad trains, notwithstanding any traffic control 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.

(2) 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 divisions (a)(1)A. through (a)(1)E. 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.

(a) The operator of any motor vehicle carrying passengers for hire, of any school bus, or of any vehicle carrying explosives or flammable liquids as a cargo or as such part of a cargo as to constitute a hazard, 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 and for signals indicating the approach of a train, 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.

(b) Division (a) of this section does not apply at any street railway grade crossings within the Municipality, or to abandoned tracks, spur tracks, side tracks, and industrial tracks when the Public Utilities Commission has authorized and approved the crossing of the tracks without making the stop required by division (a) of this section.

(c) The Department of Transportation and local authorities, with the approval of the Department, may designate dangerous highway crossings over railroad tracks, and erect stop signs thereat. When stop signs are erected, the operator of any vehicle shall stop within 50, but not less than 15, feet from the nearest rail of the railroad tracks, and shall exercise due care before proceeding across the grade crossing.

(d) Whoever violates division (a) of this section is guilty of one of the following:

(1) Except as otherwise provided in division (d)(2) of this section, a minor misdemeanor.

(2) If the offender previously has been convicted of or pleaded guilty to one or more violations of this section, or a state law or municipal ordinance that is substantially similar to this section, a misdemeanor of the fourth degree.

(a) No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard, or deposit litter from any motor vehicle in operation upon any street, road, or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.

(b) No operator of a motor vehicle in operation upon any street, road, or highway shall allow litter to be thrown, dropped, discarded, or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.

(c) As used in this section, "litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature.

No operator of a motor vehicle shall enter upon private property for the sole purpose of driving across such property between abutting streets or other public ways. The failure to stop on such property in connection with or in furtherance of the object of the enterprise or activity being conducted on the property shall constitute prima facie evidence of violation of this section.

(a) No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears. As used in this section, "earphones" means any headset, radio, tape player, or other similar device that provides the listener with radio programs, music, or other recorded information through a device attached to the head and that covers all or a portion of both ears. "Earphones" does not include speakers or other listening devices that are built into protective headgear.

(3) Fire department personnel and emergency medical service personnel while on duty;

(4) Any person operating equipment for use in the maintenance or repair of any highway;

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

CROSS REFERENCES

See section histories for similar State law

Drug of abuse defined - see Ohio R.C. 3719.011

Alcohol defined - see Ohio R.C. 4301.01

Alteration of prima facie speed limits - see Ohio R.C. 4511.21, 4511.22, 4511.23

Failure to control vehicle - see TRAF. 331.34

D.U.I. by drivers of commercial vehicles - see TRAF. 341.05, 341.08

Walking on highway while under the influence - see TRAF. 371.09

333.01 DRIVING WHILE UNDER THE INFLUENCE.

(a) Driving Under the Influence. No person shall operate any vehicle within this Municipality if any of the following apply:

(1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse.

(2) The person has a concentration of 0.10% or more but less than 0.17% by weight of alcohol in the person's blood.

(3) The person has a concentration of 0.10 grams or more but less than 0.17 grams by weight of alcohol per 210 liters of the person's breath.

(4) The person has a concentration of 0.14 grams or more but less than 0.238 grams by weight of alcohol per 100 milliliters of the person's urine.

(5) The person has a concentration of 0.17% or more by weight of alcohol in the person's blood.

(6) The person has a concentration of 0.17 grams or more by weight of alcohol per 210 liters of the person's breath.

(7) The person has a concentration of 0.238 grams or more by weight of alcohol per 100 milliliters of the person's urine.

2001 Replacement

(b) Underage Alcohol Consumption. No person under 21 years of age shall operate any vehicle within this Municipality if any of the following apply:

(1) The person has a concentration of at least 0.02% but less than 0.10% by weight of alcohol in the person's blood;

(2) The person has a concentration of at least 0.02 grams but less than 0.10 grams by weight of alcohol per 210 liters of the person's breath;

(3) The person has a concentration of at least 0.028 grams but less than 0.14 grams by weight of alcohol per 100 milliliters of the person's urine.

(c) Prosecution; Limitation on Convictions. In any proceeding arising out of one incident, a person may be charged with a violation of division (a)(1) and a violation of division (b)(1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions.

(1) In any criminal prosecution for a violation of this section, the court may admit evidence on the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in the defendant's blood, breath, urine, or other bodily substance 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 the alleged violation. When a person submits to a blood test at the request of a police officer under Ohio R.C. 4511.191 or a substantially similar municipal ordinance, only a physician, a registered nurse, or a qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol, drug, or alcohol and drug 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, drug, or alcohol and drug content of the blood, if in the opinion of the physician, nurse, technician, or chemist 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 Director of Health by an individual possessing a valid permit issued by the Director of Health pursuant to Ohio R.C. 3701.143.

(2) In a criminal prosecution for a violation of division (a) of this section, if there was at the time the bodily substance was withdrawn a concentration of less than 0.10% by weight of alcohol in the defendant's blood, less than 0.10 grams by weight of alcohol per 210 liters of the defendant's breath, or less than 0.14 grams by weight of alcohol per 100 milliliters of the defendant's urine, such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution for a violation of division (b) of this section.

(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 or agent immediately upon the completion of the chemical test analysis. The person tested may have a physician, a registered nurse, or a qualified technician or chemist of the person's own choosing administer a chemical test or tests in addition to any administered at the request of a police officer, and shall be so advised. 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 police officer.

(4) 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.

(1) Implied Consent to Chemical Tests. Any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking within this Municipality shall be deemed to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the alcohol, drug, or alcohol and drug content of his or her blood, breath, or urine if arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine. The chemical tests shall be administered at the request of a police officer having reasonable grounds to believe the person was operating a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking in this municipality while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine. The law enforcement agency by which the officer is employed shall designate which of the tests shall be administered.

(2) Effect of Death or Unconsciousness. Any person who is dead or unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn consent as provided by division (e)(1) above and the tests may be administered, subject to Ohio R.C. 313.12 through 313.16.

(3) Advice Required. Any person under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine shall be advised at a police station, or at a hospital, first-aid station, or clinic to which the person has been taken for first-aid or medical treatment, of both of the following:

A. The consequences, as specified in Ohio R.C. 4511.191(E), of the person's refusal to submit upon request to a chemical test designated by the law enforcement agency as provided in division (e)(1) of this section;

B. The consequences, as specified in Ohio R.C. 4511.191(F), of the person's submission to the designated chemical test if the person is found to have a prohibited concentration of alcohol in the blood, breath, or urine.

A. The advice given pursuant to division (e)(3) of this section shall be in a written form containing the information described in division (e)(4)B. of this section and shall be read to the person. The form shall contain a statement that the form was shown to the person under arrest and read to him or her in the presence of the arresting officer and either another police officer, civilian police employee, or an employee of a hospital, first-aid station, or clinic, if any, to which the person has been taken for first-aid or medical treatment. The witnesses shall certify to this fact by signing the form.

B. The form required by division (e)(4)A. of this section shall read as follows:

"You now are under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or both alcohol and a drug of abuse and will be requested by a police officer to submit to a chemical test to determine the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in your blood, breath, or urine.

"If you refuse to submit to the requested test or if you submit to the requested test and are found to have a prohibited concentration of alcohol in your blood, breath, or urine, your driver's or commercial driver's license or permit or nonresident operating privilege immediately will be suspended for the period of time specified by law

by the officer, on behalf of the Registrar of Motor Vehicles. You may appeal this suspension at your initial appearance before the court that hears the charges against you resulting from the arrest and your initial appearance will be conducted no later than five days after the arrest. This suspension is independent of the penalties for the offense, and you may be subject to other penalties upon conviction."

(5) Actions Required by Arresting Officers. If a person under arrest as described in division (e)(3) of this section is not asked by a police officer to submit to a chemical test designated as provided in division (e)(1) of this section, the arresting officer shall seize the state or out-of-state driver's or commercial driver's license or permit of the person and immediately forward the seized license or permit to the court in which the arrested person is to appear on the charge for which he or she was arrested. If the arrested person does not have the person's driver's or commercial driver's license or permit on the person's self or in the person's vehicle, the arresting officer shall order him or her to surrender it to the law enforcement agency that employs the officer within 24 hours after the arrest, and, upon the surrender, the officer's employing agency immediately shall forward the license or permit to the court in which the arrested person is to appear on the charge for which he or she was arrested. Upon receipt of the license or permit, the court shall retain it pending the initial appearance of the arrested person and any action taken under Ohio R.C. 4511.196. If a person under arrest as described in division (e)(3) of this section is asked by a police officer to submit to a chemical test designated as provided in division (e)(1) above and is advised of the consequences of his or her refusal or submission as provided in division (e)(3) above, and if the person either refuses to submit to the designated chemical test or the person submits to the designated chemical test and the test results indicate that his or her blood contained a concentration of 0.10% or more by weight of alcohol, his or her breath contained a concentration of 0.10 grams or more by weight of alcohol per 210 liters of his or her breath, or his or her urine contained a concentration of 0.14 grams or more by weight of alcohol per 100 milliliters of his or her urine at the time of the alleged offense, the arresting officer shall do all of the following:

A. On behalf of the Registrar, serve a notice of suspension upon the person that advises the person that, independent of any penalties or sanctions imposed upon him or her pursuant to any other section of the Ohio Revised Code or any other municipal ordinance his or her driver's or commercial driver's license or permit or nonresident operating privilege is suspended, that the suspension takes effect immediately, that the suspension will last at least until his or her initial appearance

on the charge that will be held within five days after the date of his or her arrest or the issuance of a citation to him or her, and that he or she may appeal the suspension at the initial appearance; seize the state or out-of-state driver's or commercial driver's license or permit of the person; and immediately forward the seized license or permit to the Registrar. If the arrested person does not have the person's driver's or commercial driver's license or permit on the person's self or in the

person's vehicle, the arresting officer shall order him or her to surrender it to the law enforcement agency that employs the officer within 24 hours after the service of the notice of suspension, and upon the surrender, the officer's employing agency immediately shall forward the license or permit to the Registrar.

B. Verify the current residence of the person and, if it differs from that on the person's driver's or commercial driver's license or permit, notify the Registrar of the change;

C. In addition to forwarding the arrested person's driver's or commercial driver's license or permit to the Registrar, send to the Registrar, within 48 hours after the arrest of the person, a sworn report that includes all of the following statements:

1. That the officer had reasonable grounds to believe that, at the time of the arrest, the arrested person was operating a vehicle upon a highway or public or private property used by the public for vehicular travel or parking within this municipality while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine;

2. That the person was arrested and charged with operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine;

3. That the officer asked the person to take the designated chemical test, advised the person of the consequences of submitting to the chemical test or refusing to take the chemical test, and gave the person the form described in division (e)(4) of this section;

4. That the person refused to submit to the chemical test or that the person submitted to the chemical test and the test results indicate that his or her blood contained a concentration of 0.10% or more by weight of alcohol, his or her breath contained a concentration of 0.10 grams or more by weight of alcohol per 210 liters of his or her breath, or his or her urine contained a concentration of 0.14 grams or more by weight of alcohol per 100 milliliters of his or her urine at the time of the alleged offense;

5. That the officer served a notice of suspension upon the person as described in division (e)(5)A. of this section.

A. The sworn report of an arresting officer completed under division (e)(5)C. of this section shall be given by the officer to the arrested person at the time of the arrest or sent to the person by regular first class mail by the Registrar as soon thereafter as possible, but no later than 14 days after receipt of the report. An arresting officer may give an unsworn report to the arrested person at the time of the arrest provided the report is complete when given to the arrested person and is subsequently sworn to by the arresting officer. As soon as possible, but no later than 48 hours after the arrest of the person, the arresting officer shall send a copy of the sworn report to the court in which the arrested person is to appear on the charge for which he or she was arrested.

B. The sworn report of an arresting officer completed and sent to the Registrar and the court under divisions (e)(5)C. and (e)(6)A. of this section is prima facie proof of the information and statements that it contains and shall be admitted and considered as prima facie proof of the information and statements that it contains in any appeal under Ohio R.C. 4511.191(H) relative to any suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege that results from the arrest covered by the report.

(7) Suspension Effective Immediately. A suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege under division (e)(5)A. of this section for the period of time described in Ohio R.C. 4511.191(E) or (F) is effective immediately from the time at which the arresting officer serves the notice of suspension upon the arrested person. Any subsequent finding that the person is not guilty of the charge that resulted in his or her being requested to take, or in his or her taking, the chemical test or tests under division (e)(1) of this section affects the suspension only as described in Ohio R.C. 4511.191(H)(2).

(8) Initial Appearance. If a person arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine and regardless of whether the person's driver's or commercial driver's license or permit or nonresident operating privilege is or is not suspended under Ohio R.C. 4511.191(E) or (F), the person's initial appearance on the charge resulting from the arrest shall be held within five days of the persons' arrest or the issuance of the citation to him or her, subject to any continuance granted by the court pursuant to Ohio R.C. 4511.191(H)(1) regarding the issues specified in that division.

(f) Penalty for Driving Under the Influence. Whoever violates division (a) of this section, in addition to the license suspension or revocation provided in Ohio R.C. 4507.16 and any disqualification imposed under R.C. 4506.16, shall be punished as provided in divisions (f)(1) and (f)(2) below.

(1) Except as otherwise provided in division (f)(2) of this section, the offender is guilty of a misdemeanor of the first degree and shall be subject to any fines, terms of imprisonment, sanctions and regulations as provided in Ohio R.C. 4511.99(A).

(2) If, within six years of the offense, the offender has been convicted of or pleaded guilty to three or more violations of divisions (a) or (b) of this section, Ohio R.C. 4511.19(A) or (B), 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; a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine; Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section, or Ohio R.C. 2903.06, 2903.07 or 2903.08 or a municipal ordinance that is substantially similar to Ohio R.C. 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of the United States or of any other state or a municipal ordinance of a municipality located in any other state that is substantially similar to Ohio R.C. 4511.19(A) or (B), the offender is guilty of a felony to be prosecuted under appropriate state law.

(1) Whoever violates division (b) of this section is guilty of operating a motor vehicle after underage alcohol consumption and shall be punished as follows:

A. Except as otherwise provided in division (g)(1)B. of this section, the offender is guilty of a misdemeanor of the fourth degree;

B. The offender is guilty of a misdemeanor of the third degree if, within one year of the offense, the offender has been convicted of or pleaded guilty to any violation of the following:

2. 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;

3. A municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine;

4. Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section;

5. Ohio R.C. 2903.06(A)(1) or 2903.08(A)(1) or a municipal ordinance that is substantially similar to either of those divisions;

6. Ohio R.C. 2903.06(A)(2), (3) or (4) or 2903.08(A)(2) or a municipal ordinance that is substantially similar to any of those divisions, or former Ohio R.C. 2903.07 or a substantially similar municipal ordinance, in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;

7. A statute of the United States or of any other state or a municipal ordinance of a municipality located in any other state that is substantially similar to Ohio R.C. 4511.19(A) or (B).

(2) In addition to or independent of all other penalties provided by law, the offender's driver's or commercial driver's license or permit or nonresident operating privilege shall be suspended in accordance with and for the period of time specified in Ohio R.C. 4507.16(E).

(1) In general. No person shall be in actual physical control of any vehicle within the Municipality if any of the following applies:

A. The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;

B. The person has a concentration of 0.10% of more but less than 0.17% by weight of alcohol in the person's blood;

C. The person has a concentration of 0.10 of one gram or more but not less than 0.17 of one gram by weight of alcohol per 210 liters of the person's breath;

D. The person has a concentration of 0.14 of one gram or more but less than 0.238 of one gram by weight of alcohol per 100 milliliters of the person's urine;

E. The person has a concentration of 0.17% or more by weight of alcohol in the person's blood;

F. The person has a concentration of 0.17 of one gram or more by weight of alcohol per 210 liters of the person's breath; or

G. The person has a concentration of 0.238 of one gram or more by weight of alcohol per 100 milliliters of the person's urine.

(2) Persons under twenty one of age. No person under twenty one years of age shall be in actual physical control of any vehicle within the Municipality if any of the following applies:

A. The person has a concentration of at least 0.02% but less than 0.10% by weight of alcohol in the person's blood;

B. The person has a concentration of 0.02 of one gram but less than 0.10 of one gram by weight of alcohol per 210 liters of the person's breath;

C. The person has a concentration of at least 0.028 of one gram but less than 0.14 of one gram by weight of alcohol per 100 milliliters in the person's urine.

(3) Prosecution. In any proceeding arising out of one incident, a person may be charged with a violation of division (h)(1)A. hereof and a violation of division (h)(2)A., B. or C. hereof, but the person may not be convicted of more than one violation of such divisions.

(i) Penalty for Physical Control. Whoever violates division (h) of this section is guilty of a misdemeanor of the third degree.

Disposition of fines, immobilization of vehicle and impoundment of license plates,

criminal forfeiture for municipal ordinance conviction, see Ohio R.C. 4511.193

Effect of refusal to submit to test, seizure of license, suspension periods, appeal

procedures, occupational driving privileges, and indigent drivers alcohol treatment

Sentencing, fines, terms of imprisonment, disposition of fines, electronically monitored

house arrest, use of alcohol and drug addiction program, see Ohio R.C. 4511.99(A)

(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.

(a) No person shall operate a vehicle on any street or highway in willful or wanton disregard of the safety of persons or property.

(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.

(c) Division (b) of this section 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.

(a) No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper, having due regard for 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 or her to bring it to a stop within the assured clear distance ahead.

(b) It is prima facie lawful, in the absence of a lower limit declared pursuant to this section by the 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) A. Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when twenty miles per hour school speed limit signs 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 division (b)(4) of this section, and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (b)(7) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the Manual and Specifications for a Uniform System of Traffic-Control Devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect.

B. As used in this section, "school" means any school chartered under Ohio R.C. 3301.16 and any nonchartered school that during the preceding year filed with the Department of Education in compliance with OAC 3301 35 08, a copy of the school's report for the parents of the school's pupils certifying that the school meets State minimum standards for nonchartered, nontax-supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone.

C. As used in this section, "school zone" means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a State highway. Upon request from local authorities for streets and highways under their jurisdiction and that portion of a State highway under the jurisdiction of the Director of Transportation, the Director may extend the traditional school zone boundaries. The distances in divisions (b)(1)C.1. through 3. below shall not exceed 300 feet per approach per direction, and are bounded by whichever of the following distances or combination thereof the Director approves as most appropriate:

1. The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of 300 feet on each approach direction;

2. The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of 300 feet on each approach direction;

3. The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of 300 feet on each approach direction of the highway.

D. Nothing in this section shall be construed to invalidate the Director's initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in divisions (b)(1)A. and (b)(1)C. of this section.

E. As used in this division, "crosswalk" has the meaning given that term in Ohio R.C. 4511.01(LL)(2).

(2) Twenty-five miles per hour in all other portions of the Municipality, except on State routes outside business districts, through streets and through highways outside business districts, and alleys; and on the following State routes or through streets and highways, which is the safe prima facie speed limit determined by the Ohio Director of Transportation:

A. Bayridge Boulevard between Lake Shore Boulevard and its termination at its southernmost end;

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I. Willowick Drive between the east City limits and East 305th Street.

(3) Thirty-five miles per hour on all State routes or through highways within the Municipality outside business districts, except as provided in divisions (b)(4) and (5) of this section;

(4) Fifty miles per hour on controlled-access highways and expressways within the Municipality;

(5) Fifty miles per hour on state routes within the Municipality outside urban districts unless a lower prima facie speed is established as further provided in this section;

(6) Fifteen miles per hour on all alleys within the Municipality;

(7) Sixty miles per hour at all times on freeways with paved shoulders inside the Municipality other than freeways as provided in division (b)(10);

(8) Fifty-five miles per hour at all times on all portions of freeways that are part of the interstate system and on all portions of freeways not part of the interstate system, but are built to the standards and specifications that are applicable to freeways that are part of the interstate system for operators of any motor vehicle weighing in excess of 8,000 pounds empty weight and any noncommercial bus.

(9) Fifty-five miles per hour for operators of any motor vehicle weighing 8,000 pounds or less empty weight and any commercial bus at all times on all portions of freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995, and freeways that are not part of the interstate system but are built to the standards and specifications that are applicable to freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995, unless a higher speed limit is established under Ohio R.C. 4511.21(L).

(10) Sixty-five miles per hour for operators of any motor vehicle weighing 8,000 pounds or less empty weight and any commercial bus at all times on all portions of the following:

A. Freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995, and freeways that are not part of the interstate system but are built to the standards and specifications that are applicable to freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995;

B. Freeways that are part of the interstate system and freeways that are not part of the interstate system but are built to the standards and specifications that are applicable to freeways that are part of the interstate system, and that had such a speed limit established under Ohio R.C. 4511.21(L);

C. Rural, divided, multi-lane highways that are designated as part of the national highway system under the National Highway System Designation Act of 1995, 109 Stat. 568, 23 U.S.C. 103, and that had such a speed limit established under Ohio R.C. 4511.21(M).

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77 D.U.I.; Reckless Operation; Speed 333.03

(c) It is prima facie unlawful for any person to exceed any of the speed limitations in division (b) of this section or any declared pursuant to this section by the Director or local authorities and it is unlawful for any person to exceed any of the speed limitations in division (d) of this section. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.

(d) No person shall operate a motor vehicle upon a street or highway as follows:

(1) At a speed exceeding 55 miles per hour, except upon a freeway as provided in division (b)(10) of this section;

(2) At a speed exceeding 65 miles per hour upon a freeway as provided in division (b)(10) of this section except as otherwise provided in division (d)(3) of this section;

(3) If operating a motor vehicle weighing in excess of 8,000 pounds empty weight or a noncommercial bus as prescribed in division (b)(8) of this section, at a speed exceeding 55 miles per hour upon a freeway as provided in that division;

(4) At a speed exceeding the posted speed limit upon a freeway for which the Director has determined and declared a speed limit of not more than 65 miles per hour pursuant to Ohio R.C. 4511.21(L)(2) or (M);

(5) At a speed exceeding 65 miles per hour upon a freeway for which such a speed limit has been established through the operation of Ohio R.C. 4511.21(L)(3);

(6) At a speed exceeding the posted speed limit upon a freeway for which the Director had determined and declared a speed limit pursuant to Ohio R.C. 4511.21(I)(2).

(e) Pursuant to Ohio R.C. 4511.21(E), in every charge of violating this section, the affidavit and warrant shall specify the time, place and speed at which the defendant is alleged to have driven and shall also specify the lawful prima facie speed limit 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 or her to bring the vehicle to 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.

(f) Pursuant to Ohio R.C. 4511.21(F), when a speed in excess of both a prima facie limitation and a limitation in division (d)(1), (2), (3), (4), (5) or (6) of this section is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both division (b)(1)A., (2), (3), (4), (5) or (6) of this section, or of a limit declared pursuant to Ohio R.C. 4511.21 by the Director or local authorities, and of the limitation in division (d)(1), (2), (3), (4), (5) or (6) of this section. If the court finds a violation of division (b)(1)A., (2), (3), (4), (5) or (6) of this section, or a limit declared pursuant to Ohio R.C. 4511.21 has occurred, it shall enter judgment of conviction under such division and

2001 Replacement

dismiss the charge under division (d)(1), (2), (3), (4), (5) or (6) of this section. If it finds no violation of division (b)(1)A., (2), (3), (4), (5) or (6) of this section, or a limit declared pursuant to Ohio R.C. 4511.21, it shall then consider whether the evidence supports a conviction under division (d)(1), (2), (3), (4), (5) or (6) of this section.

(g) Pursuant to Ohio R.C. 4511.21(G), points shall be assessed for a violation of a limitation under division (d) of this section only when the court finds that the violation involved a speed of five miles per hour or more in excess of the posted speed limit.

(h) Whenever, in accordance with Ohio R.C. 4511.21(H) through (M), the maximum prima facie speed limitations as established herein have been altered, either higher or lower, 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. It is prima facie unlawful for any person to exceed the speed limits posted upon such signs.

(1) "Commercial bus" means a motor vehicle designed for carrying more than nine passengers and used for the transportation of persons for compensation.

(3) "Noncommercial bus" includes but is not limited to a school bus, or a motor vehicle operated solely for the transportation of persons associated with a charitable or nonprofit organization.

(a) The owner of a private road or driveway located in a private residential area containing 20 or more dwelling units may establish a speed limit on the road or driveway by complying with all of the following requirements:

(1) The speed limit is not less than 25 miles per hour and is indicated by a sign that is in a proper position, is sufficiently legible to be seen by an ordinarily observant person, and meets the specifications for the basic speed limit sign included in the manual adopted by the Department of Transportation pursuant to Ohio R.C. 4511.09;

(2) The owner has posted a sign at the entrance of the private road or driveway that is in plain view and clearly informs persons entering the road or driveway that they are entering private property, a speed limit has been established for the road or driveway, and the speed limit is enforceable by law enforcement officers under State law.

(b) No person shall operate a vehicle upon a private road or driveway as provided in division (a) of this section at a speed exceeding any speed limit established and posted pursuant to division (a).

79 D.U.I.; Reckless Operation; Speed 333.05

(c) When a speed limit is established and posted in accordance with division (a) of this section, a law enforcement officer may apprehend a person violating the speed limit of the residential area by utilizing any of the means described in Ohio R.C. 4511.091 or by any other accepted method of determining the speed of a motor vehicle and may stop and charge the person with exceeding the speed limit.

(d) Points shall be assessed for violation of a speed limit established and posted in accordance with division (a) of this section only when the violation involves a speed of five miles per hour or more in excess of the posted speed limit.

(e) As used in this section:

(1) "Owner" includes but is not limited to a person who holds title to the real property in fee simple, a condominium owners' association, a property owners' association, a board of directors or trustees of a private community, and a nonprofit corporation governing a private community.

(2) "Private residential area containing 20 or more dwelling units" does not include a Chautauqua assembly as defined in Ohio R.C. 4511.90.

(ORC 4511.211)

333.04 SLOW SPEED; POSTED MINIMUM SPEEDS.

(a) No person shall stop or operate a vehicle at such a 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 the Director of Transportation or local authorities determine on the basis of an engineering and traffic investigation that slow speeds on any part of a controlled-access highway, expressway, or freeway consistently impede the normal and reasonable movement of traffic, the Director or such local authority may declare a minimum speed limit below which no person shall operate a motor vehicle, except when necessary for safe operation or in compliance with the law. No minimum speed limit established hereunder shall be less than 30 miles per hour, greater than 50 miles per hour, nor effective until the provisions of Ohio R.C. 4511.21 or a substantially similar municipal ordinance, relating to appropriate signs, have been fulfilled and local authorities have obtained the approval of the Director.

(ORC 4511.22)

333.05 SPEED LIMITATIONS OVER BRIDGES.

(a) No person shall operate a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed that can be maintained with safety to such bridge or structure, when such structure is posted with signs as provided in this section.

2001 Replacement

(b) The Department of Transportation upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it finds that such structure cannot with safety withstand traffic traveling at the speed otherwise permissible under this Traffic Code, the Department shall determine and declare the maximum speed of traffic which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of a least 100 feet before each end of the structure.

(c) Upon the trial of any person charged with a violation of this section, proof of such determination of the maximum speed by the Department 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.

The prima facie speed limitations set forth in Ohio R.C. 4511.21 or a substantially similar municipal ordinance 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 an 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.

(a) "Street racing" is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance 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. Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. 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) through (B)(7) or a substantially similar municipal ordinance, 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.

(b) No person shall participate in street racing upon any public road, street, or highway in this Municipality.

No person shall operate a motor vehicle on any street, highway or property open to the public for vehicular traffic without being in reasonable control of the vehicle.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

TRAFFIC CODE 82

CROSS REFERENCES

See section histories for similar State law

Motor vehicle licensing law - see Ohio R.C. Ch. 4503

Driver's license law - see Ohio R.C. Ch. 4507

Power of trial court of record to suspend or revoke license for certain violations -

see Ohio R.C. 4507.16, 4507.34

Employment of a minor to operate a taxicab prohibited - see Ohio R.C. 4507.321

State point system suspension - see Ohio R.C. 4507.021

State accident reports - see Ohio R.C. 4509.01, 4509.06, 4509.74, 5502.11

Suspension or revocation of driver's license - see TRAF. 303.99; GEN. OFF. 501.99

Glass removal from street after accident - see TRAF. 311.01

335.01 DRIVER'S OR COMMERCIAL DRIVER'S LICENSE REQUIRED.

(a) No person, except those expressly exempted under Ohio R.C. 4507.03, 4507.04, and 4507.05, 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 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.

2001 Replacement

(b) 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 under Ohio R.C. Chapter 4507 or a valid commercial driver's license issued under Ohio R.C. Chapter 4506.

(c) No person, except a person expressly exempted under Ohio R.C. 4507.03, 4507.04, and 4507.05, shall operate any motorcycle upon a 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 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.

(d) Nonresidents, permitted to drive upon the highways of their own state, may operate any motor vehicle upon any highway in this State without examination or license under Ohio R.C. 4507.01 to 4507.39, inclusive, upon condition that such nonresident may be required at any time or place to prove lawful possession or their right to operate such motor vehicle, and to establish proper identity.

(e) Except as provided in division (f) of this section, whoever violates this section is guilty of a misdemeanor of the first degree.

(f) Whoever violates division (a) or (c) of this section by operating a motor vehicle when his or her driver's or commercial driver's license has been expired for no more than six months is guilty of a minor misdemeanor.

(a) No person shall receive a driver's license, or a motorcycle operator's endorsement of a driver's or commercial driver's license, unless and until he or she surrenders to the Registrar all valid licenses issued to him or her by another jurisdiction recognized by this State. All surrendered licenses shall be returned by the Registrar to the issuing authority, together with information that a license is now issued in this State. No person shall be permitted to have more than one valid license at any time.

(b) Whoever violates this section is guilty of a misdemeanor of the first degree.

(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 conditions established under Ohio R.C. 4507.05(A).

(b) Except as provided in division (c) of this section, 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 17 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 1:00 a.m. and 5:00 a.m.

(c) The holder of a temporary instruction permit issued under Ohio R.C. 4507.05(A) on or after July 1, 1998, who has not attained the age of 17 years, may operate a motor vehicle upon a highway or any public or private property used by the public for purposed of vehicular travel or parking between the hours of 1:00 a.m. and 5:00 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.

(a) No holder of a probationary driver's license issued on or after January 1, 1999, who has not attained the age of 17 years shall operate a motor vehicle upon a highway or any public or private property used by the public for vehicular travel or parking between the hours of 1:00 a.m. and 5:00 a.m. unless the holder is accompanied by the holder's parent or guardian.

(b) It is an affirmative defense to a violation of division (a) of this section if, at the time of the violation, the holder of the probationary driver's license was traveling to or from the holder's place of employment or an official function sponsored by the school the holder attends, or an emergency existed that required the holder to operate a motor vehicle in violation of division (a) of this section, or the holder was an emancipated minor.

(c) 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.

(d) A restricted license may be issued to a person who is 14 or 15 years of age under proof of hardship satisfactory to the Registrar of Motor Vehicles.

(e) Notwithstanding any other provisions 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 this section, or for the sole purpose of issuing a ticket, citation or summons if that requirement 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 the time restrictions established in this section 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 or commencing a prosecution of a person for such a violation.

(g) As used in this section, the phrase "occupant restraining device" has the same meaning as in Ohio R.C. 4513.263.

(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, revoked, suspended, or altered;

(2) Lend to a person not entitled thereto, or knowingly permit him or her 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 his or her demand, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit which has been suspended, canceled, or revoked;

(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 or duplicate thereof, knowingly conceal a material fact or present any physician's 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.

(a) No person shall authorize or knowingly permit a motor vehicle owned by him or her or under his or her control to be driven by any person if either of the following applies:

(1) The offender knows or has reasonable cause to believe the other person has no legal right to drive the motor vehicle;

(2) The offender knows or has reasonable cause to believe the other person's act of driving the motor vehicle would violate any prohibition contained in Ohio R.C. 4507.01 to 4507.39.

(b) Whoever violates this section is guilty of permitting the operation of a vehicle by a person with no legal right to operate a vehicle and shall be punished as follows:

(1) Except as otherwise provided in division (b)(2) of this section, permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, the court shall order the immobilization for 30 days of the vehicle involved in the offense and the impoundment for 30 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.

(2) If the offender previously has been convicted of or pleaded guilty to one or more violations of division (a) or Ohio R.C. 4507.33, permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, the court shall order the criminal forfeiture of the vehicle involved in the offense. The order of criminal forfeiture shall be issued and enforced in accordance with Ohio R.C. 4503.234.

(3) If title to a motor vehicle that is subject to an order for criminal forfeiture under this section is assigned or transferred and Ohio R.C. 4503.234(C)(2) or (C)(3) 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 Dealer's Association. The proceeds from any fine imposed under this division shall be distributed in accordance with Ohio R.C. 4503.234(D)(4).

(a) The operator of a motor vehicle shall display his or her license, or furnish satisfactory proof that he or she has a 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 his or her license on or about his or her person, he or she shall not refuse to display the license. Failure to furnish satisfactory evidence that the person is licensed under Ohio R.C. 4507.01 through 4507.30, when the person does not have his or her license on or about his or her person, shall be prima facie evidence of not having obtained such license.

(b) Whoever violates this section is guilty of a misdemeanor of the first degree.

335.07 DRIVING UNDER SUSPENSION OR REVOCATION OR WITHOUT PROOF OF FINANCIAL RESPONSIBILITY OR IN VIOLATION OF LICENSE RESTRICTIONS.

(a) (1) No person, whose driver's or commercial driver's license or permit, or nonresident's operating privilege has been suspended or revoked pursuant to Ohio R.C. Chapter 4509, shall operate any motor vehicle within this Municipality, or knowingly permit any motor vehicle owned by him or her to be operated by another person in the Municipality, during the period of the suspension or revocation, except as specifically authorized by Ohio R.C. Chapter 4509. No person shall operate a motor vehicle within this Municipality, or knowingly permit any motor vehicle owned by him or her to be operated by any person in this Municipality during the period in which he or she is required by Ohio R.C. 4509.45 to file and maintain proof of financial responsibility for a violation of Ohio R.C. 4509.101, unless proof of financial responsibility is maintained with respect to that vehicle.

(2) 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 imposed under Ohio R.C. 4506.10(D) or Ohio R.C. 4507.14.

(b) No person, whose driver's or commercial driver's license or permit has been suspended pursuant to Ohio R.C. 4507.16(B), 4511.191 or 4511.196, or any substantially similar municipal ordinance, shall operate any motor vehicle within this Municipality until he or she has paid the license reinstatement fee required pursuant to Ohio R.C. 4511.191(L) and the license or permit has been returned to the person or a new license or permit has been issued to the person.

(c) (1) No person whose driver's or commercial driver's license, or permit or nonresident operating privilege, has been suspended or revoked, under the provisions of this Traffic Code or the 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 highways or streets within this Municipality during the period of suspension or within one year after the date of the revocation. No person who has been granted occupational driving privileges by any court shall operate any motor vehicle upon the highways or streets in this Municipality, except in accordance with the terms of the privileges.

(2) No person, whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under Ohio R.C. 4507.16(B) shall operate any motor vehicle upon the highways or streets within this Municipality during the period of suspension. No person who is granted occupational driving privileges by any court shall operate any motor vehicle upon the highways or streets in this Municipality except in accordance with the terms of those privileges.

(d) (1) It is an affirmative defense to any prosecution brought pursuant to this section that the alleged offender drove under suspension or in violation of a restriction because of a substantial emergency, provided no other person was reasonably available to drive in response to the emergency.

(2) It is an affirmative defense to any prosecution brought pursuant to division (a)(1) of this section that the order of suspension resulted from the failure of the alleged offender to respond to a financial responsibility random verification request under Ohio R.C. 4509.101(A)(3)(c) and that, upon a showing of proof of financial responsibility, the alleged offender was in compliance with Ohio R.C. 4509.101(A)(1) at the time of the initial financial responsibility random verification request.

(e) (1) Whoever violates division (a)(2) or (c)(1) of this section is guilty of driving under suspension or revocation, or in violation of license restrictions, a misdemeanor of the first degree. Whoever violates division (b) of this section is guilty of driving without paying a license reinstatement fee, a misdemeanor of the first degree. Except as otherwise provided in Ohio R.C. 4507.162(D), the court in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of any person who pleads guilty to or is convicted of a violation of this section.

(2) Whoever violates division (c)(2) of this section is guilty of driving under OMVI suspension or revocation and shall be punished as follows:

A. Except as otherwise provided in division (e)(2)B. or C. of this section, driving under OMVI suspension or revocation is a misdemeanor of the first degree, and the court shall sentence that offender to a term of imprisonment of not less than three consecutive days and may sentence the offender pursuant to Ohio R.C. 2929.21 to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (e)(2)F. of this section, the court may sentence the offender to a term of not less than 30 consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). The period of electronically monitored house arrest shall not exceed six months. In addition, the court shall impose upon the offender a fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00). Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the immobilization for 30 days of the vehicle the offender was operating at the time of the offense and the impoundment for 30 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.

B. If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (c)(2), or a state law or municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is a misdemeanor, and the court shall sentence the offender to a term of imprisonment of not less than ten consecutive days and may sentence the offender to a

longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (e)(2)F. of this section, the court may sentence the offender to a term of not less than 90 consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). The period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose upon the offender a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500.00). Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the immobilization for 60 days of the vehicle the offender was operating at the time of the offense and the impoundment for 60 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.

C. If within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (c)(2), or a state law or municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is a misdemeanor. The court shall sentence the offender to a term of imprisonment of not less than 30 consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. The court shall not sentence the offender to a term of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). In addition, the court shall impose upon the offender a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500.00). Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the criminal forfeiture of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with Ohio R.C. 4503.234. If title to a motor vehicle that is subject to an order for criminal forfeiture under this section is assigned or transferred and Ohio R.C. 4503.234(C)(2) or (C)(3) 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 Dealer's Association. The proceeds from any fine imposed under this division shall be distributed in accordance with Ohio R.C. 4503.234(D)(4).

D. 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 suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of any offender who is sentenced under divisions (e)(2)A. through C. of this section.

E. Fifty percent of any fine imposed by a court under division (e)(2)A. through C. 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 Municipality pursuant to Ohio R.C. 4511.191(N).

F. No court shall impose the alternative sentence of not less than 30 consecutive days of electronically monitored house arrest permitted to be imposed by division (e)(2)A. of this section, or the alternative sentence of a term of not less than 90 consecutive days of electronically monitored house arrest permitted to be imposed by division (e)(2)B. of this section, unless within 60 days of the date of sentencing, the court issues a written finding, entered into the record, that, due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon him or her, the offender will not be able to begin serving his or her term of imprisonment within the 60 day period following the date of sentencing. If the court issues such a finding, the court may impose the alternative sentence comprised of or including electronically monitored house arrest permitted to be imposed by division (e)(2)A. or B. of this section.

G. An offender sentenced under this section to a period of electronically monitored house arrest shall be permitted work release during such period. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and his or her home or other place specified by the sentencing court and the time actually spent under employment.

H. Suspension of a commercial driver's license under this section shall be concurrent with any period of disqualification under Ohio R.C. 3123.611 or 4506.16 or any period of suspension under Ohio R.C. 3123.58. 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 suspension.

(f) Whoever violates division (a)(1) of this section is guilty of driving under financial responsibility law suspension or revocation and shall be punished as provided in divisions (f)(1) through (4) of this section.

(1) Except as otherwise provided in division (f)(2) or (3) of this section, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree. Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the immobilization for 30 days of the vehicle the offender was operating at the time of the offense and the impoundment for 30 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.

(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (a)(1), or a state law or municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree. Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the immobilization for 60 days of the vehicle the offender was operating at the time of the offense and the impoundment for 60 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.

(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (a)(1), or a state law or municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree. Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his or her name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to Ohio R.C. 4503.235, shall order the criminal forfeiture of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with Ohio R.C. 4503.234. If title to a motor vehicle that is subject to an order for criminal forfeiture under this section is assigned or transferred and Ohio

R.C. 4503.234(C)(2) or (C)(3) 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 Dealer's Association. The proceeds from any fine imposed under this division shall be distributed in accordance with Ohio R.C. 4503.234(D)(4).

(4) Except as otherwise provided in Ohio R.C. 4507.162(D), the court, in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver or commercial driver's license or permit or nonresident operating privilege of an offender who is sentenced under divisions (f)(1) through (3) of this section.

(5) The court shall not release a vehicle from the immobilization ordered under divisions (f)(1) or (f)(2) of this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.

Impoundment of license plates by court upon violation of this section, see Ohio R.C.

Vehicle immobilization and forfeiture upon municipal ordinance conviction, see Ohio

(1) Operate in this municipality a motor vehicle for which a certificate of title is required without having that certificate in accordance with Ohio R.C. Chapter 4505 or, if a physical certificate of title has not been issued for a motor vehicle, operate the motor vehicle in this State knowing that the ownership information relating to the vehicle has not been entered into the automated title processing system by a Clerk of a Court of Common Pleas;

(2) Display or display for sale or sell as a dealer or acting on behalf of a dealer, a motor vehicle without having obtained a manufacturer's or importer's certificate, a certificate of title, or an assignment of a certificate of title for it as provided in Ohio R.C. Chapter 4505;

(3) Fail to surrender any certificate of title or any certificate of registration or license plates upon cancellation of the same by the Registrar of Motor Vehicles and notice of the cancellation as prescribed in Ohio R.C. Chapter 4505;

(4) Fail to surrender the certificate of title to a Clerk of a Court of Common Pleas as provided in Ohio R.C. Chapter 4505 in case of the destruction or dismantling or change of a motor vehicle in such respect that it is not the motor vehicle described in the certificate of title;

(6) Except as otherwise provided in Ohio R.C. Chapters 4505 and 4517, sell at wholesale a motor vehicle ownership of which is not evidenced by an Ohio certificate of title, or the current certificate of title issued for the motor vehicle, or the manufacturer's certificate of origin, and all title assignments that evidence the seller's ownership of the motor vehicle, and an odometer disclosure statement that complies with Ohio R.C. 4505.06 and subchapter IV of the "Motor Vehicle Information and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981;

(7) Operate in this State a motor vehicle knowing that the certificate of title to the vehicle or ownership of the vehicle as otherwise reflected in the automated title processing system has been canceled.

(b) This section does not apply to persons engaged in the business of warehousing or transporting motor vehicles for the purpose of salvage disposition.

(c) Whoever violates this section shall be fined not more than two hundred dollars ($200.00), imprisoned not more than 90 days, or both.

(a) (1) No person who is the owner or operator of a motor vehicle shall fail to display in plain view on the front and rear of the motor vehicle the distinctive number and registration mark, including any county identification sticker and any validation sticker issued under Ohio R.C. 4503.19 and 4503.191, furnished by the Director of Public Safety, except that a manufacturer of motor vehicles or dealer therein, the holder of an in-transit permit, and the owner or operator of a motorcycle, motorized bicycle, manufactured home, mobile home, trailer, or semitrailer shall display on the rear only. A motor vehicle that is issued two license plates shall display the validation sticker only on the rear license plate, except that a commercial tractor that does not receive an apportioned license plate under the international registration plan shall display the validation sticker on the front of the commercial tractor. An apportioned vehicle receiving an apportioned license plate under the international registration plan shall display the license plate only on the front of a commercial tractor and on the rear of all other vehicles. All license plates shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs its visibility.

(2) No person to whom a temporary license placard or windshield sticker 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 license placard in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle, or fail to display the windshield sticker in plain view on the rear window of the motor vehicle. No temporary license placard or windshield sticker shall be covered by any material that obstructs its visibility.

(b) Except as otherwise provided by Ohio R.C. 4503.103, 4503.173, 4503.41, 4503.43, and 4503.46, no person who is the owner or chauffeur of a motor vehicle operated or driven upon the public roads or highways shall fail to file annually the application for registration or to pay the tax therefor.

(c) No person shall operate or drive upon the highways of this Municipality 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.

(d) No person who is the owner of a motor vehicle and a resident of this State shall operate or drive such motor vehicle upon the highways of this Municipality while it displays a distinctive number or identification mark issued by or under the authority of another state, without complying with the laws of this State relating to the registration and identification of motor vehicles.

(e) No person shall park or operate any vehicle upon any public street or highway upon which are displayed any license plates 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.

(f) No person shall park or operate any vehicle upon any public street or highway upon which are displayed any license plates not legally registered and issued for such vehicle, or upon which are displayed any license plates that were issued on an application for registration that contains any false statement by the applicant.

(g) (1) Whoever violates division (a) of this section is guilty of a minor misdemeanor.

(2) Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree.

(3) Whoever violates division (c) or (d) of this section is guilty of a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on each subsequent offense.

No person shall operate a motor vehicle, upon which license plates are required by law to be displayed, unless the license plates legally registered and issued for such vehicle shall be fastened in such a manner, and not covered, obscured or concealed by any part or accessory of such vehicle or by any foreign substance or material, to be readable in its entirety from left to right.

(a) No person shall operate or drive a motor vehicle upon the public roads and highways in this Municipality if it displays a license plate or a distinctive number or identification mark that meets any of the following criteria:

(2) It is a counterfeit or an unlawfully made copy of any distinctive number or identification mark;

(3) It belongs to another motor vehicle, provided that this section does not apply to a motor vehicle that is operated on the public roads and highways 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 public roads and highways in this Municipality during the 30 day period described in Ohio R.C. 4503.12(C).

(b) A person who fails to comply with the transfer of registration provisions of Ohio R.C. 4503.12 and is charged with a violation of that section shall not be charged with a violation of this section.

(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.

(a) In case of accident to or collision with persons or property upon any of the public roads or highways, due to the driving or operation thereon of any motor vehicle, the person so driving or operating such motor vehicle, having knowledge of such accident or collision, shall immediately stop his or her motor vehicle at the scene of the accident or collision and

shall remain at the scene of such accident or collision until he or she has given his or her name and address and, if he or she is not the owner, the name and address of the owner of such motor vehicle, together with the registered number of such motor vehicle, to any person injured in the accident or collision, to the operator, occupant, owner, or attendant of any motor vehicle damaged in the accident or collision, or to any police officer at the scene of the accident or collision.

(b) In the event the injured person is unable to comprehend and record the information required to be given by this section, the other driver involved in the accident or collision shall forthwith notify the nearest police authority concerning the location of the accident or collision, and his or her name, address, and the registered number of the motor vehicle he or she was operating, and then 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.

(c) If the accident or collision is with an unoccupied or unattended motor vehicle, the operator so colliding with such 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.

(d) Except as otherwise provided in this division, whoever violates this section is guilty of a misdemeanor of the first degree. Whoever violates this section when the accident or collision that is the basis of the violation results in serious physical harm or death to a person is guilty of a felony to be prosecuted under appropriate State law.

(a) In case of accident or collision resulting in injury or damage to persons or property upon any public or private property other than public roads or highways, due to the driving or operation thereon of any motor vehicle, the person so driving or operating such motor vehicle, having knowledge of the accident or collision, shall stop, and, upon request of the person injured or damaged, or any other person, shall give such person his or her name and address, and, if he or she is not the owner, the name and address of the owner of the motor vehicle, together with the registered number of the motor vehicle, and, if available, exhibit his or her driver's or commercial driver's license.

(b) If the owner or person in charge of the damaged property is not furnished such information, the driver of the motor vehicle involved in the accident or collision shall, within 24 hours after the accident or collision, forward to the police department of the Municipality the same information required to be given to the owner or person in control of the damaged property and give the date, time, and location of the accident or collision.

(a) The driver of any vehicle involved in an accident resulting in damage to real property, or personal property attached to such real property, legally upon or adjacent to a public road or highway shall immediately stop and take reasonable steps to locate and notify the owner or person in charge of the property of such fact, of his or her name and address, and of the registration number of vehicle he or she is driving and shall, upon request and if available, exhibit his or her driver's or commercial driver's license.

(b) If the owner or person in charge of such property cannot be located after reasonable search, the driver of the vehicle involved in the accident resulting in damage to such property shall, within 24 hours after such accident, forward to the police department of the Municipality the same information required to be given to the owner or person in control of such property and give the location of the accident and a description of the damage insofar as it is known.

No person engaged in the business of making loans, purchasing notes secured by mortgages, conditional sales agreements or any other liens upon motor vehicles, or engaged in any other business involving the repossession of motor vehicles shall fail to notify the Division of Police of any repossession of motor vehicles and to give such additional information as may be required within one hour after repossession of any motor vehicle when the same is taken without the owner's consent or knowledge.

No person engaged in the business of operating a garage or parking space or lot, or renting space for the parking or storing of four or more motor cars, or engaged in the business of repairing motor vehicles, parts and accessories, shall fail to report to the Division of Police when any motor vehicle has remained in his or its possession and unclaimed for a period of more than fifteen days except where the same has been parked or placed in storage by order of the Division of Police. However, nothing herein shall apply where arrangements have been made for the continuous storage or parking and where the owner of the motor vehicle so parked or stored is personally known to the owner or operator of such garage, parking lot or space, so that the name and address of such owner can be furnished upon request of any member of the Division of Police.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

CROSS REFERENCES

See section histories for similar State law

Warning devices for commercial vehicles disabled upon freeways - see Ohio R.C.

4513.28

Collector's vehicles - see Ohio R.C. 4513.38, 4513.41

Use of stop and turn signals - see TRAF. 331.14

Wheel protectors for commercial vehicles - see TRAF. 339.05

Vehicles transporting explosives - see TRAF. 339.06

Towing requirements - see TRAF. 339.07

Use of studded tires and chains - see TRAF. 339.11

Bicycle equipment - see TRAF. 373.05 et seq.

2001 Replacement

(a) No person shall drive or move, or cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person.

(b) The provisions of this chapter with respect to equipment on vehicles do not apply to implements of husbandry, road machinery, road rollers or agricultural tractors, except as made applicable to such articles of machinery.

(c) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense such person is guilty of a misdemeanor of the third degree.

(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) "Gross vehicle weight rating" means the manufacturer's gross vehicle weight rating established for that vehicle.

(3) "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.

(4) "Passenger car" means any motor vehicle with motive power, designed for carrying ten persons or less, except a multipurpose passenger vehicle or motorcycle.

(5) "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.

(b) Rules adopted by the Director of Public Safety, in accordance with Ohio R.C. Chapter 119, shall govern the maximum bumper height or, in the absence of bumpers and in cases where bumper height have been lowered or modified, the maximum height to the bottom of the frame rail of any passenger car, multipurpose passenger vehicle or truck.

(c) 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 or any applicable rule adopted pursuant to Ohio R.C. 4513.021.

(d) 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.

(e) Nothing contained in this section or in the rules adopted pursuant to Ohio R.C. 4513.021 shall be construed to prohibit either of the following:

(1) 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:

(2) 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.

(f) This section and the rules adopted pursuant to Ohio R.C. 4513.021 do 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.

(g) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense such person is guilty of a misdemeanor of the third degree.

(a) Every vehicle upon a street or highway within this Municipality during the time from sunset to sunrise, and at any other time when there are unfavorable atmospheric conditions or when there is not sufficient natural light to render discernible persons, vehicles, and substantial objects on the highway at a distance of 1,000 feet ahead, shall display lighted lights and illuminating devices as required by the provisions of this chapter, for different classes of vehicles; except that every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the Director of Public Safety. No motor vehicle, during such times, shall be operated upon a street or highway within this Municipality using only parking lights as illumination.

(b) Whenever in this chapter a requirement is declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, this distance shall be measured upon a straight level unlighted highway 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.

(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 shall be equipped with at least one and not more than two headlights.

(a) Every motor vehicle, trailer, semitrailer, pole trailer or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted, 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 tail light on the rearmost vehicle need be visible from the distance specified.

(b) Either a tail light 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 50 feet to the rear. Any tail light, 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.

(a) Every new motor vehicle sold after September 6, 1941, and operated on a highway, other than a commercial tractor to which a trailer or semitrailer is attached, shall carry at the rear, either as a part of the tail lamps or separately, two red reflectors meeting the requirements of this section, except that vehicles of the type mentioned in Ohio R.C. 4513.07 or a substantially similar municipal ordinance shall be equipped with reflectors as required by the regulations provided for in that 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 50 feet from such vehicle.

(a) When the Director of Public Safety prescribes and promulgates regulations relating to clearance lights, marker lights, reflectors and stop lights on buses, trucks, commercial tractors, trailers, semitrailers and pole trailers, when operated upon any highway, these vehicles shall be equipped as required by such regulations, and such equipment shall be lighted at all times mentioned in Ohio R.C. 4513.03 or a substantially similar municipal ordinance, except that clearance lights and side marker lights need not be lighted on any such vehicle when it is operated within the Municipality where there is sufficient light to reveal any person or substantial object on the highway at a distance of 500 feet.

(b) Such equipment shall be in addition to all other lights specifically required by Ohio R.C. 4513.03 through 4513.16, or any substantially similar municipal ordinances.

Whenever motor and other vehicles are operated in combination during the time that lights are required, any light, except tail lights, 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.

Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of this vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Ohio R.C. 4513.03 or a substantially similar municipal ordinance, 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 by this section is in addition to the red rear 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 16 inches square.

Except in case of an emergency, whenever a vehicle is parked or stopped upon a roadway open to traffic or a shoulder adjacent thereto, whether attended or unattended, during the times mentioned in Ohio R.C. 4513.03 or a substantially similar municipal ordinance, 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 feet 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 it is stopped or parked within the Municipality where there is sufficient light to reveal any person or substantial object within a distance of 500 feet upon such highway. Any lighted headlights upon a parked vehicle shall be depressed or dimmed.

337.10 LIGHTS ON SLOW-MOVING VEHICLES; EMBLEM REQUIRED; LIGHTS AND REFLECTORS ON MULTI-WHEEL AGRICULTURAL TRACTORS OR FARM MACHINERY.

(a) All vehicles other than bicycles, including animal-drawn vehicles and vehicles referred to in Ohio R.C. 4513.02(G), not specifically required to be equipped with lamps or other lighting devices by Ohio R.C. 4513.03 through 4513.10, or any substantially similar municipal ordinances, shall, at the times specified in Ohio R.C. 4513.03 or a substantially similar municipal ordinance, be equipped with 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 and also shall be equipped with 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. Lamps and reflectors required by this section shall meet standards adopted by the Director of Public Safety.

(b) All boat trailers, farm machinery and other machinery, including all road construction machinery, upon a street or highway, except when being used in actual construction and maintenance work in an area guarded by a flagperson, or where flares are used, or when operating or traveling within the limits of a construction area designated by the Director of Transportation, a city or village engineer, or the county engineer of the several counties, when such construction area is marked in accordance with requirements of the Director and the Manual and Specifications for a Uniform System of Traffic-Control Devices, as set forth in Ohio R.C. 4511.09, which is designed for operation at a speed of 25 miles per hour or less, shall be operated at a speed not exceeding 25 miles per hour, and shall display a triangular slow-moving vehicle emblem (SMV). The emblem shall be mounted so as to be visible from a distance of not less than 500 feet to the rear. The Director of Public Safety shall adopt standards and specifications for the design and position of mounting the SMV emblem. The standards and specifications for SMV emblems referred to in this section shall correlate with and, so far as possible, conform with those approved by the American Society of Agricultural Engineers. As used in this division, "machinery" does not include any vehicle designed to be drawn by an animal.

(c) The use of the SMV emblem shall be restricted to animal-drawn vehicles and to the slow-moving vehicles specified in division (b) of this section operating or traveling within the limits of the highway. Its use on slow-moving vehicles being transported upon other types of vehicles or on any other type of vehicle or stationary object on the highway is prohibited.

(d) No person shall sell, lease, rent or operate any boat trailer, farm machinery or other machinery defined as a slow-moving vehicle in division (b) of this section, except those units designed to be completely mounted on a primary power unit, which is manufactured or assembled on or after April 1, 1966, unless the vehicle is equipped with a slow-moving vehicle emblem mounting device as specified in division (b) of this section.

(e) Any boat trailer, farm machinery or other machinery defined as a slow-moving vehicle in division (b) of this section, in addition to the use of the slow-moving vehicle emblem, may be equipped with a red flashing light that shall be visible from a distance of not less than 1,000 feet to the rear at all times specified in Ohio R.C. 4513.03 or a substantially similar municipal ordinance. When a double-faced light is used, it shall display amber light to the front and red light to the rear. In addition to the lights described in this division, farm machinery and motor vehicles escorting farm machinery may display a flashing, oscillating or rotating amber light, as permitted by Ohio R.C. 4513.17 or a substantially similar municipal ordinance, and also may display simultaneously flashing turn signals or warning lights, as permitted by that section.

(f) (1) Every animal-drawn vehicle upon a street or highway shall at all times be equipped in one of the following ways:

A. With a slow-moving vehicle emblem complying with division (b) of this section;

B. With alternate reflective material complying with rules adopted under division (f)(2) below;

C. With both a slow-moving vehicle emblem and alternate reflective material as specified in division (f)(2) below.

(2) Rules adopted by the Director of Public Safety, subject to Ohio R.C. Chapter 119, establishing standards and specifications for the position of mounting of the alternate reflective material authorized by this division, permit, as a minimum, the alternate reflective material to be black, gray, or silver in color. The alternate reflective material shall be mounted on the animal-drawn vehicle so as to be visible, at all times specified in Ohio R.C. 4513.03 or a substantially similar municipal ordinance, from a distance of not less than 500 feet to the rear when illuminated by the lawful lower beams of headlamps.

(g) As used in this section, "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 25 miles per hour or less.

(h) Lights and Reflector Requirements for Multi-wheel Agricultural Tractors or Farm Machinery.

(1) A. Every multi-wheel agricultural tractor whose model year was 2001 or earlier, when being operated or traveling on a street or highway at the times specified in Ohio R.C. 4513.03, or a substantially similar municipal ordinance, at a minimum shall be equipped with and display

reflectors and illuminated amber lamps so that the extreme left and right projections of the tractor are indicated by flashing lamps displaying amber light, visible to the front and the rear; by amber reflectors, all visible to the front; and by red reflectors, all visible to the rear.

B. The lamps displaying amber light need not flash simultaneously and need not flash in conjunction with any directional signals of the tractor.

C. The lamps and reflectors required by division (h)(1)A. of this section and their placement shall meet standards and specifications contained in rules adopted by the Director of Public Safety in accordance with Ohio R.C. Chapter 119. The rules governing the amber lamps, amber reflectors, and red reflectors and their placement shall 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.

(2) Every unit of farm machinery whose model year was 2002 or later, when being operated or traveling on a street or highway at the times specified in Ohio R.C. 4513.03, or a substantially similar municipal ordinance, shall be equipped with and display 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 OCT98, Lighting and Marking of Agricultural Equipment on Highways.

(3) The lights and reflectors required by division (h)(1) of this section are in addition to the slow-moving vehicle emblem and lights required or permitted by Ohio R.C. 4513.11 or 4513.17, or a substantially similar municipal ordinance, to be displayed on farm machinery being operated or traveling on a street or highway.

(4) No person shall operate any unit of farm machinery on a street or highway or cause any unit of farm machinery to travel on a street or highway in violation of divisions (h)(1) or (h)(2) of this section.

(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-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle, nor more than 100 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. Any such lights which do not conform to the specifications for auxiliary driving lights and the regulations for their use prescribed by the Director of Public Safety shall not be used.

(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. No back-up lights shall be continuously lighted when the motor vehicle is in forward motion.

At all times mentioned in Ohio R.C. 4513.03 or a substantially similar municipal ordinance, 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.

Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Ohio R.C. 4513.03 or a substantially similar municipal ordinance, 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. This indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle.

Any motor vehicle may be operated under the conditions specified in Ohio R.C. 4513.03 or a substantially similar municipal ordinance when it is equipped with two lighted lights upon the front thereof capable of revealing persons and substantial objects 75 feet ahead, in lieu of lights required in Ohio R.C. 4513.14 or a substantially similar municipal ordinance, provided that such vehicle shall not be operated at a speed in excess of 20 miles per hour.

337.16 NUMBER OF LIGHTS; LIMITATIONS ON FLASHING, OSCILLATING OR ROTATING LIGHTS.

(a) Whenever a motor vehicle equipped with headlights is also equipped with any auxiliary lights or spotlight or any other light on the front thereof projecting a beam of an intensity greater than 300 candlepower, 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 candlepower 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 75 feet from the vehicle.

(c) (1) Flashing lights are prohibited on motor vehicles, except as a means for indicating a right or a left turn, or in the presence of vehicular traffic hazard requiring unusual care in approaching, or overtaking or passing. This prohibition does not apply to emergency vehicles, road service vehicles servicing or towing a disabled vehicle, traffic line stripers, snow plows, rural mail delivery vehicles, vehicles as provided in Ohio R.C. 4513.182 or a

substantially similar municipal ordinance, Department of Transportation maintenance vehicles, funeral hearses, funeral escort vehicles, and similar equipment operated by the Department or local authorities, which shall be 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, but shall not display a flashing, oscillating or rotating light of any other color, nor to vehicles or machinery permitted by Ohio R.C. 4513.11 or a substantially similar municipal ordinance to have a flashing red light.

(2) When used on a street or highway, farm machinery and vehicles escorting farm machinery may be equipped with and display a flashing, oscillating or rotating amber light, and the prohibition contained in division (c)(1) of this section does not apply to such machinery or vehicles. Farm machinery may also display the lights described in Ohio R.C. 4513.11 or a substantially similar municipal ordinance.

(d) 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; and 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 whether on farm machinery or vehicles escorting farm machinery when used on a street or highway.

(a) Notwithstanding any other provision of law, a motor vehicle operated by a coroner, deputy coroner or coroner's investigator may be equipped with a flashing, oscillating or rotating red or blue light and siren, whistle or bell capable of emitting sound

audible under normal conditions from a distance of not less than 500 feet. Such a vehicle

may display the flashing, oscillating or rotating red or blue light and may give the audible signal of the siren, whistle or bell only when responding to a fatality or a fatal motor vehicle accident on a street or highway and only at those locations where the stoppage of traffic impedes the ability of the coroner, deputy coroner or coroner's investigator to arrive at the site of the fatality.

(b) This section does not relieve the 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.

No person shall use any lights mentioned in Ohio R.C. 4513.03 through 4513.18, or any substantially similar municipal ordinances, upon any motor vehicle, trailer or semitrailer unless these lights are equipped, mounted and adjusted as to focus and aim in accordance with regulations which are prescribed by the Director of Public Safety.

(a) Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the 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.

(b) Every motorcycle, when operated upon a highway shall be equipped with at least one adequate brake, which may be operated by hand or by foot.

(c) Every motorized bicycle shall be equipped with brakes meeting the rules adopted by the Director of Public Safety under Ohio R.C. 4511.521.

(d) When operated upon the highways, 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:

(1) Every trailer or semitrailer, except a pole trailer, with an empty weight of 2,000 pounds or more, manufactured or assembled on or after January 1, 1942;

(2) Every manufactured home or travel trailer with an empty weight of 2,000 pounds or more, manufactured or assembled on or after January 1, 2001.

(e) 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.

(f) 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 source 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.

(g) 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.

(h) Every motor vehicle or combination of motor-drawn vehicles shall, at all times and under all conditions of loading, be capable 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:

(1) Vehicles or combinations of vehicles having brakes on all wheels shall come to a stop in 30 feet or less from a speed of 20 miles per hour.

(2) Vehicles or combinations of vehicles not having brakes on all wheels shall come to a stop in 40 feet or less from a speed of 20 miles per hour.

(i) 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.

(a) Every motor vehicle when operated upon a highway shall be equipped with a horn which is 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. Any vehicle may 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 Director of Public Safety. Such equipment shall not be used except when such vehicle is operated in response to an emergency call or is in the immediate pursuit of an actual or suspected violator of the law, in which case the driver of the emergency vehicle shall sound such equipment when it is necessary to warn pedestrians and other drivers of the approach thereof.

(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, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway. Every motorcycle muffler shall be equipped with baffle plates.

(b) No person shall own, operate or have in his or her 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 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.

Every motor vehicle and motorcycle shall be equipped with a mirror so located as to reflect to the operator a view of the 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 and motorcycles and shall have a clear view to the rear of their vehicles and motorcycles by mirror.

(a) No person shall drive any motor vehicle on a street or highway in this Municipality, other than a motorcycle or motorized bicycle, that is not equipped with a windshield.

(b) 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.

(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.

(a) 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 registered in this State unless the motor vehicle conforms to the requirements concerning tinted glass and reflectorized material adopted by the Director of Public Safety pursuant to Ohio R.C. 4513.241 and of any applicable rule adopted under Ohio R.C. 4513.241.

(b) No person shall install in or on any motor vehicle any glass or other material that fails to conform to the requirements of Ohio R.C. 4513.241 or of any rule adopted under Ohio R.C. 4513.241.

(c) 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 requirements of Ohio R.C. 4513.241 or of any rule adopted under that section.

(d) No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings, or rear window.

(e) This section does not apply to 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 #205.

(f) With regard to any side window behind a driver's seat or any rear window other than any window on an emergency door, this division (b) does not apply to any school bus used to transport a handicapped child pursuant to a special education program under Ohio R.C. Chapter 3323, whom it is impossible or impractical to transport by regular school bus in the course of regular route transportation provided by a school district. As used in this division, "handicapped child" and "special education program" have the same meaning as in Ohio R.C. 3323.01.

(g) This section does not apply to any school bus that is to be sold and operated outside the Municipality.

(h) Whoever violates division (a), (b), (c) or (d) of this section is guilty of a minor misdemeanor.

No passenger-type vehicle shall be operated on a highway with any load carried on the vehicle which extends more than six inches beyond the line of the fenders on the vehicle's left side.

(a) Every motor vehicle, trailer, semitrailer, and pole trailer when operated upon a 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 500 feet to the rear; provided that in the case of a train of vehicles only the stop lights on the rearmost vehicle need be visible from the distance specified.

(b) 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.

(c) 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.

(d) Historical motor vehicles as defined in Ohio R.C. 4503.181, not originally manufactured with stop lights, are not subject to this section.

No person shall operate upon any street, alley or other public place any motor vehicle which is not equipped with a functioning air cleaner, except for motor vehicles equipped with electronic fuel-injection engines.

(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 registered in this State, and the motor vehicle 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 vehicle safety standards:

(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 registered in this State and is owned, leased, or otherwise under the control of a nursery school, kindergarten, or day-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:

(d) The failure of an operator of a motor vehicle to secure a child in a child restraint system as required in 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.

(e) This section does not apply when an emergency exists that threatens the life of any person operating a motor vehicle to whom this section otherwise would apply or the life of any child who otherwise would be required to be restrained under this section.

(f) If a person who is not a resident of this State is charged with a violation of division (a) or (b) above and does not prove to the court, by a preponderance of the evidence, that the persons's use or nonuse of a child restraint system was in accordance with the law of the state of which the person is a resident, the court shall impose the fine levied by division (g) below.

(g) (1) Whoever is a resident of this State and violates division (a) or (b) of this section shall be punished as follows:

A. Except as otherwise provided in division (g)(1)B. of this section, the offender is guilty of a minor misdemeanor.

B. If the offender previously has been convicted of or pleaded guilty to a violation of division (a) or (b) or a state law or municipal ordinance that is substantially similar to either of those divisions, the offender is guilty of a misdemeanor of the fourth degree.

(2) Whoever is not a resident of this State, violates division (a) or (b) of this section, and fails to prove by a preponderance of the evidence that his or her use or nonuse of a child restraint system was in accordance with the law of the state of which he or she is a resident is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree.

(3) All fines imposed pursuant to this division shall be forwarded to the State Treasurer for deposit in the child highway safety fund created by Ohio R.C. 4511.81.

(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) "Ignition interlock device" means a device that connects a breath analyzer to a motor vehicle's ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start that motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to so start the vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person's breath is below a preset level.

(2) "Offender with restricted driving privileges" means an offender who is subject to an order that was issued under Ohio R.C. 4507.16(F) as a condition of the granting of occupational driving privileges or an offender whose driving privilege is restricted as a condition of probation pursuant to Ohio R.C. 2951.02(I).

(b) (1) Except in cases of a substantial emergency when no other person is reasonably available to drive in response to the emergency, no person shall knowingly rent, lease, or lend a motor vehicle to any offender with restricted driving privileges, unless the vehicle is equipped with a functioning ignition interlock device that is certified pursuant to Ohio R.C. 4511.83(D).

(2) Any offender with restricted driving privileges who rents, leases, or borrows a motor vehicle from another person shall notify the person who rents, leases, or lends the motor vehicle to him or her that the offender has restricted driving privileges and of the nature of the restriction.

(3) Any offender with restricted driving privileges who is required to operate a motor vehicle owned by his or her employer in the course and scope of his or her employment may operate that vehicle without the installation of an ignition interlock device, provided that the employer has been notified that the offender has restricted driving privileges and of the nature of the restriction and provided further that the offender has proof of the employer's notification in his or her possession while operating the employer's vehicle for normal business duties. A motor vehicle owned by a business that is partly or entirely owned or controlled by an offender with restricted driving privileges is not a motor vehicle owned by an employer, for purposes of this division.

(c) (1) No offender with restricted driving privileges, during any period that he or she is required to operate only a motor vehicle equipped with an ignition interlock device, shall request or permit any other person to breathe into the device or start a motor vehicle equipped with the device for the purpose of providing the offender with an operable motor vehicle.

(2) A. Except as provided in division (c)(2)B. below, no person shall breathe into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to an offender with restricted driving privileges.

B. Division (c)(2)A. above does not apply to an offender with restricted driving privileges who breathes into an ignition interlock device or starts a motor vehicle equipped with an ignition interlock device for the purpose of providing the offender with an operable motor vehicle.

(3) No unauthorized person shall tamper with or circumvent the operation of an ignition interlock device.

(d) Whoever violates this section is guilty of a misdemeanor of the first degree.

(a) No person shall play any radio, music player or audio system in a motor vehicle at such volume as to disturb the quiet, comfort or repose of other persons, or at a volume which is plainly audible to persons other than the occupants of said vehicle.

(b) Upon conviction for a violation of this section, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.

(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(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. 1392.

(2) "Commercial tractor," "passenger car," and "commercial car" have the same meanings as in Ohio R.C. 4501.01.

(3) "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.

(4) "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.

(5) "Vehicle" and "motor vehicle," as used in the definitions of the terms set forth above, have the same meanings as in Ohio R.C. 4511.01.

(1) Operate an automobile on any street or highway unless he or she 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 he or she 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 division (b)(3) of this section 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 he or she 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) Exceptions. Division (b)(3) of this section does not apply to a person who is required by Ohio R.C. 4511.81 or a substantially similar municipal ordinance to be secured in a child restraint device. Division (b)(1) of this section 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. Divisions (b)(1) and (b)(3) of this section 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 that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical.

(d) Officers Not Permitted to Stop Cars to Determine Violation. 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 division (b) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for the violation or for causing the arrest of or commencing a prosecution of a person for the violation. 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 the violation has been or is being committed.

(e) Use of Fines for Educational Program. All fines collected for violations of division (b) of this section shall be forwarded to the State Treasurer for deposit in the funds as set forth in Ohio R.C. 4513.263(E).

(1) Subject to division (f)(2) of this section, the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device or to ensure that each passenger of an automobile being operated by the person is wearing all of the available elements of such a device, in violation of division (b) of this section, shall not be considered or used as evidence of negligence or contributory negligence; shall not diminish recovery for damages in any civil action involving the person arising from the ownership, maintenance, or operation of an automobile; 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 any civil or 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:

(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.

(3) As used in division (f)(2) of this section, "tort action" means a civil action for damages for injury, death, or loss to person or property. "Tort action" includes a product liability claim that is subject to Ohio R.C. 2307.71 to 2307.80, but does not include a civil action for damages for a breach of a contract or another agreement between persons.

(2) Whoever violates division (b)(2) shall be subject to the penalty set forth in Section 303.99.

(4) Whoever violates division (b)(4) is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense the person is guilty of a misdemeanor of the third degree.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

CROSS REFERENCES

See section histories for similar State law

Display of certificates of registration - see Ohio R.C. 4549.18

Arrest notice of drivers - see Ohio R.C. 5577.14

Slower moving vehicles to be driven in right-hand lane - see TRAF. 331.10

Fatigued or ill drivers - see TRAF. 341.09

Parking or storage of commercial motor vehicles in nonresidential areas - see

TRAF. 351.195

339.01 OVERSIZE OR OVERWEIGHT VEHICLE OPERATION ON STATE ROUTES; STATE PERMIT.

(a) The Municipality, with respect to highways under its jurisdiction, upon application in writing and for good cause shown, may issue a special permit in writing authorizing the applicant to 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 through 5577.09, or otherwise not in conformity with Ohio R.C. 4513.01 through 4513.37, upon any highway under its jurisdiction.

(b) Notwithstanding Ohio R.C. 715.22 and 723.01, the holder of a special permit issued by the Director of Transportation under Ohio R.C. 4513.34 may move the vehicle or combination of vehicles described in the special permit on any highway that is a part of the State highway system when the movement is partly within and partly without the corporate limits of the Municipality.

2001 Replacement

(c) No local authority shall require any other permit or license or charge any license fee or other charge against the holder of a permit for the movement of a vehicle or combination of vehicles on any highway which is a part of the State highway system. The Ohio Director of Transportation shall not require the holder of a permit issued by the Municipality to obtain a special permit for the movement of vehicles or combination of vehicles on highways within the jurisdiction of the Municipality. Permits may be issued for any period of time not to exceed one year, as the local authority in its discretion determines advisable or for the duration of any public construction project.

(d) The application for a permit shall be in the form that the Municipality prescribes. The Municipality may prescribe a permit fee to be imposed and collected when any permit described in this section is issued. The permit fee may be in an amount sufficient to reimburse the Municipality for the administrative costs incurred in issuing the permit, and also to cover the cost of normal and expected damage caused to the roadway or a street or highway structure as the result of the operation of the nonconforming vehicle or combination of vehicles. For the purposes of this section and of rules adopted by the Director under Ohio R.C. 4513.34, milk transported in bulk by vehicle is deemed a nondivisible load.

(e) The Municipality may issue or withhold a permit. If a permit is to be issued, the Municipality may limit or prescribe conditions of operation for the vehicle and may require the posting of a bond or other security conditioned upon the sufficiency of the permit fee to compensate for damage caused to the roadway or a street or highway structure. In addition, the Municipality, as a condition of issuance of an overweight permit, may require the applicant to develop and enter into a mutual agreement with the Municipality to compensate for or to repair excess damage caused to the roadway by travel under the permit.

(f) Every 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 or authorized agent of any authority granting the permit. No person shall violate any of the terms of a permit.

(a) Use of Local Streets. No person shall operate a vehicle exceeding a size specified in Section 339.03, or exceeding a gross weight of five tons, upon any street in the Municipality, other than a State route, except that such a vehicle shall be permitted under the following conditions

(2) While receiving goods, making deliveries or providing services along a street or highway, and then only by entering and leaving by the nearest intersecting street; or

(b) Local Permit and Conditions. Upon application and for good cause, the Chief of Police may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets. The application for any such permit shall be in such form as the Chief of Police may prescribe.

No permittee shall be required to obtain a special permit from the Ohio Director of Transportation 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 Transportation shall be required for movement upon State routes.

The Chief of Police may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the Chief of Police, in his discretion, deems advisable, or for the duration of any construction project. The Chief of Police may limit or prescribe terms or conditions of operation for such vehicle or combination of vehicles by designating the route, hours, speed or other restrictions as may be necessary for the preservation of the public peace, property, health and safety.

A permittee, prior to permit issuance, shall execute to the City a bond to the satisfaction of the Chief of Police to indemnify the City for any damage which may arise from the use of such roads by transporting any load as provided herein. Such bond may be waived by the Chief of Police if the Chief of Police determines that the limitations, terms, conditions of operation or other restrictions referred to herein sufficiently preserve the public peace, property, health and safety. For each such permit, the permittee shall forward to the Director of Finance the sum of five dollars ($5.00) , and for each hour of time or any part thereof spent by the Police Division in supervising the movement of such vehicle, the permittee shall pay the sum of ten dollars ($10.00).

Signs shall be posted indicating "thru trucks 5 tons gross and over prohibited," "no thru trucks" or words or symbols of similar import to apprise drivers of the limitations imposed by this section, including, but not limited to, sign R 142 of the Ohio Manual of Uniform Traffic Control Devices. No driver shall disobey the instructions indicated on any such sign.

A violation of any of the limitations, terms or conditions of the permit granted by the Chief of Police shall be cause for immediate revocation or suspension of such permit and for denial of a request for any future permit.

(c) Exceptions. This section shall not apply to fire engines, fire trucks, ambulances, school buses, trucks operated by any village, city, township or school district or vehicles belonging to or used by the Department of Public Service, the Fire Division or the Police Division of the City.

(d) Permits to be Carried in Vehicles. The permit referred to in subsection (b) hereof shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer of the City.

(e) Penalty. In addition to the revocation or suspension of such permit, whoever violates or fails to comply with any of the provisions of this section shall be fined five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(a) No vehicle shall be operated upon the public highways, streets, bridges, and culverts within this Municipality whose dimensions exceed those specified in this section.

A. 104 inches for passenger bus type vehicles operated exclusively within the Municipality.

B. 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 22 feet, except those roads or portions thereof over which operation of 102 inch buses is prohibited by order of the Director of Transportation.

D. 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.

E. 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 thereof as the Director designates.

A. 60 feet for passenger bus type vehicles operated by a regional transit authority pursuant to Ohio R.C. 306.30 to 306.54.

C. 53 feet for any semitrailer when operated in a commercial tractor-semitrailer combination, with or without load, except that the Director may prohibit the operation of any such commercial tractor-semitrailer combination on such State highways or portions thereof as the Director designates.

D. 28½ 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 thereof as the Director designates.

E. 75 feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations, not to exceed three saddlemounted vehicles, but which may include one fullmount.

F. 65 feet for any other combination of vehicles coupled together, with or without load, except as provided in division (a)(2)C. and D., and in division (a)(4) below.

H. 40 feet for all other vehicles, except trailers and semitrailers, with or without load.

(3) No such vehicle shall have a height in excess of 13½ feet, with or without load.

(4) An automobile transporter or boat transporter shall be allowed a length of 65 feet, and a stinger-steered automobile transporter or stinger-steered boat transporter shall be allowed a length of 75 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 a stinger-steered automobile transporter, stinger-steered boat transporter, or a B-train assembly on any State highway or portion thereof that the Director designates.

(b) The widths prescribed in division (a)(1)E. of this section shall not include automatic covering devices used by a vehicle hauling solid waste.

(c) The lengths prescribed in divisions (a)(2)B. through G. shall not include safety devices, bumpers attached to the front or rear of such bus or combination, 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 refrigerator equipment attached to the front of trailers and semitrailers. In special cases, vehicles that dimensions exceed those prescribed by this section may operate in accordance with rules adopted by the Director.

(d) This section does not apply to fire engines, fire trucks, or other vehicles or apparatus belonging to the Municipality or to the volunteer fire department thereof 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 the Municipality, shall comply with the rules of the Director governing such movement. Any person adversely affected shall have the same right of appeal as provided in Ohio R.C. Chapter 119.

(e) This section does not require the Municipality 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.

(f) As used in this section, "recreational vehicle" has the same meaning as in Ohio R.C. 4501.01.

Drivers of vehicles described in this chapter shall be required, upon request by a police officer, to give full and true information as to the route they are following and the name of the consignor and consignee and place of delivery or removal and the location of any consignment being hauled or goods being removed, and upon a designation by such police officer of a route to be followed, shall immediately adopt and pursue such route.

(a) 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 public highways, streets, bridges, and culverts within the 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.

Any person operating any vehicle transporting explosives upon a highway shall at all times comply with the following requirements:

(a) The 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 24 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) The 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.

(a) When one vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all the weight towed thereby, and the drawbar or other connection shall not exceed 15 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 12 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. These 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 25 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 25 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:

(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.

(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 substances may be dropped for the purpose of securing traction, or water or other substances 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 highway.

(d) It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud or permits the load or any portion thereof to be dropped or deposited upon any public way or place to immediately remove the same or cause it to be removed.

(a) In addition to any other lawful requirements of load distribution, no person shall operate any vehicle upon a street or highway 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.

(b) No motor vehicle or trailer shall be driven unless the tailboard or tailgate, tarpaulins, chains (except ground or contact chains), ropes, stakes, poles, and the like, or any part of the load, are securely fastened to prevent dangling, flapping, swinging or falling from the side, end or top of the load or body. All projecting cargo shall be properly guarded by a red flag or cloth or a red light or lantern as required by Section 337.08.

(a) No person shall drive over the improved highways of this Municipality a traction engine or tractor with tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind extending beyond the cleats, and no person shall tow or in any way pull another vehicle over the improved highways of this Municipality which towed or pulled vehicle has tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind. "Traction engine" or "tractor," as used in this section, applies to all self-propelling engines equipped with metal-tired wheels operated or propelled by any form of engine, motor or mechanical power.

(b) This Municipality shall not adopt, enforce, or maintain any ordinance, rule or regulation contrary to or inconsistent with division (a), nor shall this Municipality require any license tax upon or registration fee for any traction engine, tractor, or trailer, or any permit or license to operate. Operators of traction engines or tractors shall have the same rights upon the public streets and highways as the drivers of any other vehicles, unless some other safe and convenient way is provided, and no public road open to traffic shall be closed to traction engines or tractors.

(c) For the purposes of this section, "studded tire" means any tire designed for use on a vehicle and equipped with metal studs or studs of wear-resisting material that project beyond the tread of the traction surface of the tire.

(d) No person shall operate any motor vehicle other than a public safety vehicle or school bus that is equipped with studded tires on any street or highway in this Municipality, except during the period extending from the first day of November of each year through the fifteenth day of April of the succeeding year.

(e) Division (d) of this section does not apply to the use of tire chains when there is snow or ice on the streets or highways where such chains are being used, or the immediate vicinity thereof.

(a) 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 Section 337.29(a)(4), 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) A bona fide 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.

(b) 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.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

CROSS REFERENCES

See section histories for similar State law

Warning devices when disabled on freeways - see Ohio R.C. 4513.28

Hours of service of truck drivers - see Ohio R.C. 4921.30, 4923.16

Arrest notice of drivers - see Ohio R.C. 5577.14

Load limits - see TRAF. Ch. 339

Parking or storage of commercial motor vehicles in nonresidential areas - see

TRAF. 351.195

341.01 DEFINITIONS.

As used in this chapter:

(a) "Alcohol concentration." 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) 100 milliliters of blood;

(2) 210 liters of breath;

(3) 100 milliliters of urine.

(b) "Commercial driver's license." A license issued in accordance with Ohio R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle.

(c) "Commercial driver's license information system." The information system established pursuant to the requirements of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207 171, 49 U.S.C. App. 2701.

(d) "Commercial motor vehicle." Except when used in Ohio R.C. 4506.25, 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 combined gross vehicle weight rating of 26,001 pounds or more, provided that the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;

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(2) Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of 10,000 pounds;

(3) Any single vehicle or combination of vehicles that is not a Class A or Class B vehicle, but that either is designed to transport 16 or more passengers including the driver or is placarded for hazardous materials;

(4) Any school bus with a gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than 16 passengers including the driver;

(5) Is transporting hazardous materials for which placarding is required by regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C. 1801, as amended; or

(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 Highway 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.

(1) Any substance classified as a controlled substance under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C. 802(6), as amended;

(2) Any substance included in Schedules I through V of 21 C.F.R. Part 1308, as amended;

(f) "Conviction." An unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.

(g) "Disqualification." Withdrawal of the privilege to drive a commercial motor vehicle.

(i) "Driver." 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.

(j) "Driver's license." A license issued by the Bureau of Motor Vehicles that authorizes an individual to drive.

(k) "Drug of abuse." Any controlled substance, dangerous drug as defined in Ohio R.C. 4729.01, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.

(l) "Employer." 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.

(m) "Endorsement." An authorization on a person's commercial driver's license that is required to permit the person to operate a specified type of commercial motor vehicle.

(n) "Felony." Any offense under Federal or state law that is punishable by death or imprisonment for a term exceeding one year and includes any offense specifically classified as a felony under the law of this State, regardless of the penalty that may be imposed.

(1) 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.

(2) For purposes of this chapter, the actual gross weight of a vehicle or combination of vehicles may be used in lieu of a gross vehicle weight rating to determine whether a vehicle or combination of vehicles qualifies as a commercial motor vehicle if the gross vehicle weight rating specified by the manufacturer for the vehicle of combination of vehicles is not determinable, or if the manufacturer of the vehicle has not specified a gross vehicle weight rating.

(q) "Hazardous materials." Materials identified as such under regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C. 1801, as amended.

(s) "Out-of-service order." Except when used in Ohio R.C. 4506.25 and 4506.26, a temporary prohibition against driving a commercial motor vehicle issued under Ohio R.C. Chapter 4506 or a similar law of another state or of a foreign jurisdiction.

(u) "Portable tank." A liquid or gaseous packaging designed primarily to be loaded on or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means.

(v) "Residence." Any person's residence determined in accordance with standards prescribed in the rules adopted by the Registrar.

(x) "Temporary residence." Residence on a temporary basis as determined by the Registrar in accordance with standards prescribed in rules adopted by the Registrar.

(y) "Serious traffic violation." A conviction arising from the operation of a commercial motor vehicle which involves any of the following:

(1) A single charge of any speed that is in excess of the posted speed limit by an amount specified by the United States Secretary of Transportation and that the Ohio Director of Public Safety designates as such by rule;

(2) Violations of Ohio R.C. 4511.20, 4511.201 or 4511.202 or any similar ordinance or resolution, or of any similar law of another state or political subdivision of another state;

(3) Violation of a law of this State or an ordinance or resolution relating to traffic control, other than a parking violation, or of any similar law of another state or political subdivision of another state, that results in a fatal accident;

(4) Violation of any other law of this State or an ordinance or resolution relating to traffic control, other than a parking violation, that is determined to be a serious traffic violation by the United States Secretary of Transportation and the Ohio Director of Public Safety designates as such by rule.

(z) "State." A state of the United States and includes the District of Columbia.

(aa) "Tank vehicle." Any commercial motor vehicle that is designed to transport any liquid and has a maximum capacity greater than 119 gallons or is designed to transport gaseous materials and has a water capacity greater than 1,000 pounds within a tank that is either permanently or temporarily attached to the vehicle or its chassis. "Tank vehicle" does not include either of the following:

(2) Tanks used exclusively as a fuel tank for the motor vehicle to which it is attached.

(a) Nothing in this chapter applies to any person when engaged in the operation of any of the following:

(2) Fire equipment for a fire department, volunteer or nonvolunteer fire company, fire district or joint fire district;

(3) A public safety vehicle used to provide transportation or emergency medical service for ill or injured persons;

(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 owned by the Department of Defense and operated 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 reserve 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 4919, 4921, or 4923.

(b) Nothing contained in division (a)(5) shall be construed as preempting or superseding any law, rule or regulation of this State concerning the safe operation of commercial motor vehicles.

(c) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) "Eligible unit of local government." A village, township or county that has a population of not more than 3,000 persons according to the most recent Federal census.

(2) "Farm truck." A truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of no more than 150 miles, of products of the farm, including livestock and its products, poultry and its products, and floricultural and horticultural products, and in the transportation to the farm, from a distance of no more than 150 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 transportation company or private motor carrier.

(3) "Public safety vehicle." Has the same meaning as in Ohio R.C. 4511.01(E)(1) and (E)(3).

341.03 TRAFFIC CODE 142

(4) "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.

(ORC 4506.02)

341.03 LICENSING REQUIREMENTS.

(a) No person shall do any of the following:

(1) Drive a commercial motor vehicle while having in his or her possession or otherwise in his or her 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 his or her driving privilege is suspended, revoked, or cancelled, or while he or she is subject to disqualification;

(3) Drive a motor vehicle on a highway in the Municipality under the authority of a commercial driver's license issued by another state or a foreign jurisdiction, after having been a resident of this State for 30 days or longer;

(4) Knowingly give false information in any application or certification required by Ohio R.C. 4506.07.

(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)

(ORC 4506.99(A))

(d) Whoever violates division (a)(4) of this section is guilty of falsification, a misdemeanor of the first degree. In addition, the provisions of Ohio R.C. 4506.14 apply.

(ORC 4506.99(B))

341.04 PHYSICAL QUALIFICATION TO OPERATE COMMERCIAL MOTOR VEHICLES.

(a) No person who holds a valid commercial driver's license shall drive a commercial motor vehicle unless the person is physically qualified to do so. Each person who drives or expects to drive a commercial motor vehicle in interstate or foreign commerce or is otherwise subject to 49 C.F.R. 391 et seq., as amended, shall certify to the Registrar of

2001 Replacement

Motor Vehicles at the time of application for a commercial driver's license that the person is in compliance with these standards. Any person who is not subject to 49 C.F.R. 391 et seq., as amended, shall also certify at the time of application that the person is not subject to these standards.

(b) Whoever violates this section is guilty of a misdemeanor of the first degree.

(1) Drive a commercial motor vehicle while having a measurable or detectable amount of alcohol or of a controlled substance in his or her blood, breath, or urine;

(2) Drive a commercial motor vehicle while having an alcohol concentration of 0.04% or more;

(3) Drive a commercial motor vehicle while under the influence of a controlled substance;

(4) Knowingly leave the scene of an accident involving a commercial motor vehicle driven by the person;

(8) Violate any prohibition described in divisions (a)(2) through (7) of this section while transporting hazardous materials.

(b) Whoever violates this section is guilty of a misdemeanor of the first degree.

Alcohol or controlled substance testing, disqualification of drivers, see Ohio R.C.

(a) The provisions of 49 C.F.R. 383, Subpart C (Notification Requirements and Employer Responsibilities), as amended, shall apply to all commercial drivers or persons who apply for employment as commercial drivers. No person shall fail to make a report to his or her employer as required by this section.

(b) Whoever violates this section is guilty of a misdemeanor of the first degree.

341.07 INFORMATION REQUIRED OF PROSPECTIVE DRIVERS BY EMPLOYERS; UNAUTHORIZED DRIVING.

(a) Each employer shall require every applicant for employment as a driver of a commercial vehicle to provide the information specified in Ohio R.C. 4506.18, being notice of foreign convictions.

(b) No employer shall knowingly permit or authorize any driver employed by him or her 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 cancelled by any state or a foreign jurisdiction;

(2) The driver has lost his or her 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;

(a) Within the jurisdictional limits of his or her appointing authority, any peace officer shall stop and detain any person found violating Ohio R.C. 4506.15, or any substantially similar municipal ordinance, without obtaining a warrant. When there is reasonable ground to believe that a violation of Ohio R.C. 4506.15, or any substantially similar municipal ordinance, has been committed and a test or tests of the person's blood, breath or urine is necessary, the peace officer shall take the person to an appropriate place for testing. If a person refuses to submit to a test after being warned as provided in Ohio R.C. 4506.17(C), or submits to a test that discloses the presence of a controlled substance or an alcohol concentration of 0.04% or more, the peace officer shall require that the person immediately surrender his or her commercial driver's license to the peace officer.

(b) As used in this section, "jurisdictional limits" means the limits within which a peace officer may arrest and detain a person without a warrant under Ohio R.C. 2935.03, except that the Superintendent and the troopers of the State Highway Patrol may stop and detain, without warrant, any person who, in the presence of the Superintendent or any trooper, is engaged in a violation of any of the provisions of this subchapter or Ohio R.C. Chapter 4506.

(a) No person shall drive a commercial motor vehicle, as defined in Ohio R.C. 4506.01, or a commercial car or commercial tractor, as defined in Ohio R.C. 4501.01, while his or her ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for him or her to drive such vehicle. No driver shall use any drug which would adversely affect his or her ability or alertness.

(b) No owner, as defined in Ohio R.C. 4501.01, of a commercial motor vehicle, commercial car or commercial tractor, or a person employing or otherwise directing the driver of such vehicle, shall require or knowingly permit a driver in any such condition described in division (a) of this section to drive such vehicle upon any street or highway.

(1) Except as otherwise provided in division (c)(2) of this section, a minor misdemeanor.

(2) If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or a state law or municipal ordinance that is substantially similar to this section, a misdemeanor of the fourth degree.

345.01 DEFINITION.

As used in this chapter, "U3A District" means a shopping center district as designated under the Zoning Code and Zoning Map of the City.

(Ord. 59 105. Passed 10 7 59.)

345.02 ENFORCEMENT.

It shall be the duty of the Police Division to enforce the provisions of this chapter. The Police Chief shall assign such officers and members of the Police Division as he may determine necessary to enforce the provisions of this chapter. In the event of fire or other emergency, members of the Fire Division may direct traffic and otherwise assist the Police Division, notwithstanding any other provisions of this chapter.

(Ord. 59 105. Passed 10 7 59.)

345.03 DESIGNATION OF TRAFFIC CONTROL DEVICES BY POLICE CHIEF.

The Police Chief is hereby empowered and authorized to designate or approve the erection of stop signs at such locations in a U3A District as he deems necessary or desirable for the safe and efficient movement of vehicles and pedestrians. The Police Chief is empowered and authorized to designate or approve the placing of appropriate devices, lines or marks upon the roadways, parking areas and sidewalks to indicate crosswalks, walkways and safety islands at such places in a U3A District as he deems necessary for the safe and efficient movement of pedestrians.

(Ord. 59 105. Passed 10 7 59.)

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No person shall refuse or fail to comply with any order, signal or direction of any member of the Police Division or Fire Division given or made in connection with the

No operator of a vehicle or any pedestrian shall disobey the instructions of any traffic control device placed in accordance with this chapter, unless otherwise directed by a police officer.

Any existing traffic control devices in a U3A District on the effective date of this chapter (October 8, 1959) are hereby as effective as those traffic control devices which may hereafter be designated or approved by the Police Chief as provided in Section 345.03. (Ord. 59 105. Passed 10 7 59.)

No operator of a vehicle shall operate the same at a speed exceeding fifteen miles per hour within any U3A District. No person shall operate a vehicle in a U3A District at a speed greater than or less than is reasonable or proper, having due regard for the traffic conditions, surface conditions and other conditions. No person shall operate a vehicle in a U3A District at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead.

No person operating a vehicle in a U3A District shall overtake or pass another vehicle proceeding in the same direction unless the other vehicle has come to a stop other than in obedience to a traffic control device.

(a) No person shall stop, stand or parka motor vehicle immediately in front of or at the rear of any building, except a vehicle while loading or unloading passengers or parcels, may be parked parallel to the building line or curb, except trucks or semitrailers loading or unloading at the rear of a building. Except as herein provided, no person shall park a vehicle in any place ocher than those places designated as parking places by markers, signs, lines or stripes.

(b) No person shall park a motor vehicle within ten feet of a fire hydrant in a U3A District.

(c) No person shall stop, stand or park a vehicle on or across a crosswalk or sidewalk, within twenty feet of a crosswalk, within twenty feet of a stop sign or other traffic control device located at the side of the portion of a U3A District traversed by vehicles, or within ten feet of a doorway or other access or entrance to the rear of a building except vehicles loading or unloading. The Police Chief is empowered and authorized to designate or approve the marking of no parking areas prescribed by this chapter by signs or painted lines or curbs.

(a) No person who is under the influence of alcohol or any drug of abuse shall operate any vehicle in a U3A District.

(b) No person who is under the influence of alcohol or any drug of abuse shall be in actual physical control of any vehicle in a U3A District.

No person shall operate a vehicle in a U3A District without due regard for the safety of persons or property.

The operator of a vehicle shall yield the right-of-way at a stop sign to all vehicles not obliged to stop, and shall yield the right-of-way at an intersection or at a place where lines of traffic cross to a vehicle approaching from the right, in the absence of a stop sign. Pedestrians shall have the right-of-way at all times and at all places within a U3A District. The operator of a motor vehicle proceeding to leave a parking space shall yield the right- of-way to all other vehicles being operated in a lawful manner.

In case of accident to or collision with persons or property within a U3A District, including buildings and traffic control devices, due to the driving or operation of any vehicle, the person so operating such vehicle having knowledge of such accident or collision shall stop and upon the request of an injured person or any person, give such person his name and address, the name and address of the owner of such vehicle and the registered number of such vehicle. The driver of a vehicle involved in an accident resulting in damage to property shall immediately stop and take reasonable steps to locate and notify the owner or person in charge of such property of such accident or collision, and give his name and address, the name and address of the owner of such vehicle and the registration number

of such vehicle. If the owner or person in charge of such property cannot be located after reasonable steps, the driver of such vehicle within twenty four hours after such accident shall give the Police Chief the same information required to be given to the owner or person in charge of such property, together with the location of the accident and description of the damage. The driver of any vehicle involved in an accident resulting in damage to a traffic control device shall forthwith notify the Police Chief of such accident. (Ord. 59 105. Passed 10 7 59. )

No person driving or in charge of a vehicle shall permit it to stand unattended without stopping the engine and effectively setting the brake.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

CROSS REFERENCES

See section histories for similar State law

Police may remove ignition key from unattended vehicle - see TRAF. 303.03

Willfully leaving vehicles on private or public property - see TRAF. 303.09

Parking near stopped fire apparatus - see TRAF. 331.27

Lights on parked or stopped vehicles - see TRAF. 337.09

2001 Replacement

(a) Whenever any police officer finds a vehicle standing upon a highway in violation of Ohio R.C. 4511.66 or a substantially similar municipal ordinance, 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 highway.

(b) Whenever any police officer finds a vehicle unattended upon any highway, bridge, or causeway, or in any tunnel, where such vehicles constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle to the nearest garage or other place of safety.

In any hearing on a charge of illegally parking a motor vehicle, testimony that a vehicle bearing a certain license plate was found unlawfully parked as prohibited by the provisions of this Traffic Code, and further testimony that the record of the Ohio Registrar of Motor Vehicles shows that the license plate was issued to the defendant, shall be prima facie evidence that the vehicle was unlawfully parked, was so parked by the defendant. A certified registration copy, showing such fact, from the Registrar shall be proof of such ownership.

No person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or to comply with the provisions of this Traffic Code, or while obeying the directions of a police officer or a traffic-control device, in any of the following places:

(d) Within 10 feet of a fire hydrant, under any circumstances, on the fire hydrant side of any street. The "fire hydrant side" of a street, as used in this subsection, means the entire length of that side of a street which abuts the portion of the right-of-way in which fire hydrants are located.

(g) Within 30 feet of, and upon the approach to, any flashing beacon, stop sign, or traffic-control device;

(h) Between a safety zone and the adjacent curb or within 30 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;

(j) Within 20 feet of a driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within 75 feet of the entrance when it is properly posted with signs;

(k) Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;

(m) Upon any bridge or elevated structure upon a highway, or within a highway tunnel;

(a) Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right-hand wheels of the vehicle parallel with and not more than 12 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. Local authorities by ordinance may permit angle parking on any roadway under their jurisdiction, except that angle parking shall not be permitted on a state route within the Municipality unless an unoccupied roadway width of not less than 25 feet is available for free-moving traffic.

(b) Local authorities by ordinance may permit parking of vehicles with the left-hand wheels adjacent to and within 12 inches of the left-hand curb of a one-way roadway.

(c) 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.

(d) Notwithstanding any statute or any rule, regulation, resolution, or ordinance, 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 or highway, 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 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 all political subdivisions and by the State 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 division and Ohio R.C. 3781.111(C) shall be mounted on a fixed or movable post, and the distance from the ground to the top edge of the sign shall measure 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) No person shall stop, stand, or park any motor vehicle at special parking locations provided under division (e) of this section, 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 that division, unless one of the following applies:

A. 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; or

B. 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.

(2) Any motor vehicle that is parked in a special marked parking location in violation of division (f)(1)A. or (f)(1)B. of this section may be towed or otherwise removed from the parking location by the law enforcement agency of the Municipality. 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.

(3) If a person is charged with a violation of division (f)(1)A. or (f)(1)B. of this section, it is an affirmative defense to the charge that the person suffered an injury not more than 72 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).

(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) No owner of an office, facility, or parking garage where special parking locations are required to be designated in accordance with division (e) of this section shall fail to properly mark the special parking locations in accordance with that division or fail to maintain the markings of the special locations, including the erection and maintenance of the fixed or movable signs.

(i) Nothing in this section shall be construed to require a person or organization to apply for a removable windshield placard or special license plates if the parking card or special license plates issued to the person or organization under prior law have not expired or been surrendered or revoked.

(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.

(k) Whoever violates division (a) or (c) of this section is guilty of a minor misdemeanor.

(1) Except as otherwise provided in division (l)(2) of this section, the offender shall be issued a warning;

(2) If the offender previously has been convicted of or pleaded guilty to a violation of division (h) of this section, or a state law or municipal ordinance that is substantially similar to this section, the offender shall not be issued a warning but shall be fined twenty-five dollars ($25.00) for each parking location that is not properly marked or whose markings are not properly maintained.

(m) Whoever violates division (f)(1)A. or (f)(1)B. of this section is guilty of misdemeanor and shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), but in no case shall an offender be sentenced to any term of imprisonment.

(1) Arrest or conviction for a violation of division (f)(1)A. or (f)(1)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.

(2) Every fine collected under this division shall be paid by the Clerk of the Court to the Municipality. Except as provided in this division, the Municipality shall use the fine moneys it receives under this division to pay the expenses it incurs in complying with the signage and notice requirements contained in division (e) of this section. The Municipality may use up to 50% of each fine it receives under this division to pay the costs of educational, advocacy, support, and assistive technology programs for persons with disabilities, and for public improvements within the Municipality that benefit or assist persons with disabilities, if governmental agencies or nonprofit organizations offer the programs.

Upon streets where angle parking is permitted, no person shall stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway as is indicated by appropriate signs or markings.

No person shall stop, stand or park a vehicle upon any roadway for the principal purpose of:

(b) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency.

351.07 UNATTENDED VEHICLE; DUTY TO STOP ENGINE, REMOVE KEY, SET BRAKE AND TURN WHEELS.

(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.

(b) 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 shall not apply to an emergency vehicle or a public safety vehicle.

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.

No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a truck loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes.

(a) No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropriately posted, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of, and while actually engaged in, loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone, and then only for a period not to exceed three minutes, if such stopping is not prohibited therein by posted signs.

(b) No operator of a bus shall stop, stand or park such vehicle upon any street or other public way at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop so designated and posted as such, except in case of an emergency.

(c) No operator of a bus shall fail to enter a bus stop on a street or other public way in such a manner that the bus when stopped to load or unload passengers or baggage is in a position with the right front wheel of such vehicle not further than 18 inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.

(d) No operator of a taxicab shall stand or park such vehicle upon any street or other public way at any place other than in a taxicab stand so designated and posted as such. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking provisions at any place for the purpose of, and while actually engaged in, the expeditious loading or unloading of passengers.

(a) No person shall stop, stand or park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when directed to by a police officer or traffic control signal.

(b) Except as otherwise provided by law, no person shall stop, stand or park a vehicle within an alley except while actually loading and unloading, and then only for a period not to exceed 30 minutes.

(a) Upon any highway no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the highway if it is practicable to stop, park, or so leave such vehicle off the paved or main traveled part of the highway. In every event a clear and unobstructed portion of the highway 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 highway.

(b) This section does not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.

159 Parking Generally 351.15

351.13 OVERNIGHT PARKING.

No person shall park or permit the parking or remaining of a vehicle on any street or highway or upon any public park or grounds or on any property owned by the City between the hours of 2:00 a.m. and 6:00 a.m., except vehicles being used by physicians on emergency calls and except vehicles being used in connection with street improvement or the installation, repair or maintenance of utility facilities with the permission of the Chief of Police.

(Ord. 61-36. Passed 4-5-61.)

351.14 PUBLIC AND PRIVATE REGULATIONS.

(a) Parking on Public Property. No person shall park a vehicle on public property, excluding dedicated streets and highways regulated by other provisions of this chapter, in violation of rules and regulations established by the governmental agency controlling or in charge of such public property.

(b) Parking on Private Property. No person shall park a vehicle on private property in violation of any rules and regulations established by the owner of such private property and without the consent of such owner.

(c) Posting of Signs. The provisions of subsections (a) and (b) hereof shall not be applicable unless there is posted on the private or public property in a conspicuous manner signs setting forth the prohibition of parking or the conditions and regulations under which parking is permitted. The Chief of Police is authorized to designate or approve such signs.

(d) Exemptions. The provisions of this section shall not apply to authorized emergency or public safety vehicles.

(Ord. 67-49. Passed 10-4-67.)

351.15 OVERHANGING SIDEWALKS AND STREETS.

(a) No person shall stand or park a vehicle in the City in any manner or under such conditions that such vehicle or any part of it overhangs any portion of the sidewalk or street curb or in any other manner obstructs the use by the public of such sidewalk or traveled or improved portion of a roadway or street.

(b) Nothing in subsection (a) hereof shall be deemed to permit the obstruction of any part of a private driveway.

(Ord. 55-5. Passed 1-19-55.)

2001 Replacement

No person shall drive back and forth or park upon a street or highway in any vehicle for the sole purpose of advertising or for the purpose of demonstrating such vehicle or any article for sale if such driving or parking obstructs or may obstruct the free flow of traffic on streets or highways of the City.

(a) Whenever, during any period of twenty four hours or less, snow falls in the City or in a section thereof to a depth of two inches or more, a snow emergency is declared to exist in that such a heavy snow storm constitutes a serious public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection and other vital facilities of the City. Such emergency shall continue until an announcement by the Director of Public Safety that snowplowing operations have been completed.

(b) Whenever a snow emergency, as defined in subsection (a) hereof, exists, the Director shall request the cooperation of the press and radio and television stations to announce the snow emergency and the existence of snow emergency parking regulations as provided for in subsection (c) hereof.

(c) No person shall park or cause to be parked or permit or suffer to remain parked any vehicle upon any City street during any time or period when a snow emergency is declared by the Director of Public Safety to be in effect; provided, however, that vehicles may be parked for a period not longer than three minutes for actual loading or unloading of passengers, or thirty minutes for actual loading or unloading of property; provided, further, that no other ordinance restricting parking as to place or time is violated thereby. (Ord. 73 39. Passed 6 6 73. )

(d) The Director shall place snow emergency signs at each City boundary line intersected by a major arterial highway and at each intersection of two or more major arterial highways in the City.

(e) The Director of Public Safety, Police Chief, Acting Police Chief and any member of the Division of Police are hereby authorized to provide for the removal of any vehicle parked on any of the streets or roads enumerated in subsection (c) hereof during a period of snow emergency to a garage or other place as any of such persons deems proper: Any costs incurred in such removal and storage shall be paid by the owner of the vehicle and such costs shall be in addition to any fines or penalties which may be imposed on the owner or operator of such vehicle.

(1) "Property" means any real property within the City which is not a street or highway.

(2) "Inoperable vehicle" means a vehicle, parts of which are missing or in such state of disrepair or damage that such vehicle is incapable of propulsion as a vehicle, or which is in such condition that operation thereof on public streets or highways would constitute violation of any of the provisions Traffic Code or of State law, or which does not bear such license plates for operation thereof on the public streets and highways as are required by the provisions of this Traffic Code or State law either within thirty days after the date such vehicle must under the provisions of this Traffic Code or State law bear a current year's license plate in order to be operated on the public streets or highways or within thirty days after the owner of such vehicle has obtained ownership thereof.

(b) No person shall abandon any vehicle within the City and no person shall leave any vehicle at any place within the City for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.

(c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, inoperable, wrecked, junked or discarded vehicle to remain on such property longer than twenty four hours; and no person shall leave any such vehicle on any property within the City for a longer time than twenty four hours; except that this section shall not apply to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City.

(1) "Commercial motor vehicle" means any motor vehicle other than a motor vehicle designed primarily for the transportation of not more than twelve people, and includes, without limitation, trucks and road machinery of any description.

(2) "Trailer" means any form of device, equipment or machinery on wheels or a single wheel that is intended to be pulled by a motor vehicle, whether or not attached to a motor vehicle, and includes, without limitation, truck trailers, auto trailers, house trailers and trailer coaches, excluding, however, recreational vehicles, as that term is defined in Section 351.20(a).

(3) "Residential area" means that portion of the City zoned as a U 1, U 2, U 2A or U 2B District under the Zoning Code.

(b) No person shall park or store a commercial motor vehicle or trailer in a residential area of the City, except in a completely enclosed garage or building.

No person, being the owner thereof, shall permit a commercial motor vehicle or trailer to be parked or stored in a residential area of the City, except in a completely enclosed garage or building.

No person, being the owner of or having possession of real property in a residential area of the City, shall permit any commercial motor vehicle or trailer to be or remain parked or stored thereon, except in a completely enclosed garage or building.

(c) It shall be a defense to prosecution under this section if the accused establishes by a preponderance of the evidence that the vehicle or trailer involved, as the case may be, was:

(1) A commercial vehicle or trailer which was parked only so long as was necessary for and while being used directly in connection with the making of deliveries or pickups to or from customers at the premises on or near which the same was parked;

(2) A commercial vehicle or trailer which was parked only so long as was necessary and while being used directly in connection with construction, altering, repairing, painting, cleaning or other improvement being performed on the premises on or near which the same was parked;

(3) A commercial vehicle or trailer being used other than for business purposes by the person in possession thereof while being loaded or unloaded with articles, materials or objects being taken from or deposited on the premises on or near which the same was parked; or

However, such defense must have been specifically pleaded at the time the accused entered his plea to the charge.

351.195 PARKING OR STORAGE OF COMMERCIAL MOTOR VEHICLES IN NONRESIDENTIAL AREAS.

(a) No person shall park or store any truck, school bus, bus, commercial tractor, pole trailer or moving van in a U3A, U3B, U3C, U4, U5 or U8A Use District, including on any public street or highway, except to make deliveries or pickups or for the loading or unloading of persons, unless such truck, school bus, bus, commercial tractor, pole trailer or moving van is parked or stored in a completely enclosed structure, or unless such vehicle is owned, leased or rented by the owner, operator or proprietor of a business who or which operates, owns or manages the parking lot in conjunction with the business operation.

(b) As used in this section, "truck" means any vehicle so defined by Ohio R.C. Chapter 4511 or Chapter 301 of this Traffic Code and containing only a commercial truck license from the State, including trailers and semi trailers. School buses, buses, commercial tractors, pole trailers and moving vans shall also be as defined by Ohio R.C. Chapter 4511 or Chapter 301 of this Traffic Code.

(1) "Recreational vehicle" means any vehicular type structure, primarily used as temporarily living quarters for recreation, camping or travel use, or primarily used to transport watercraft. The terns includes, without limitation, the following kinds of recreation equipment:

A. Travel trailer, i.e. a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation use, permanently identified "travel trailer" by the manufacturer;

B. Pick up camper, i.e. a structure designed primarily to be mounted on a pick up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation use;

C. Motorized home, i.e. a portable dwelling designed and constructed as an integral part of a self propelled vehicle, and designed for travel, recreational and vacation use;

D. Folding tent trailer, i.e. a canvas folding structure, mounted on wheels and designed for travel, recreational and vacation use; and

E. Boats and boat trailers, including boats, floats and rafts, plus the normal equipment to transport the same on a street or highway.

(2) "Residential area" means that portion of the City zoned as U 1, U 2, U 2A, U 2B, U 2C, U 21) and U 3 under the Zoning Code.

(b) Any recreational vehicle may be parked or stored in a residential area of the City subject to the regulations contained in subsection (c) hereof.

(c) Each of the following regulations shall be applicable to all recreational vehicles while parked or stored in a residential area of the City:

(1) A recreational vehicle shall not have fixed connections to electricity, water, gas, sanitary sewer or other facilities.

(2) A recreational vehicle shall not be used for living, housekeeping or similar purposes.

(3) A recreational vehicle parked or stored outside of a garage or enclosed structure shall be parked or stored to the rear of the front building line of the lot and, unless parked in a driveway or other paved surface, shall be parked or stored at least three feet in from the side and rear lines of the lot, or, in the case of a corner lot, to the rear of the side building line of the lot. The Board of Zoning Appeals may waive the requirements of this paragraph if an application for such waiver is made to such Board in accordance with such rules and regulations as it may establish, and if the Board finds such application to be supported by evidence that because of the topography or other physical condition of a lot, enforcement of this paragraph would as to such lot create an undue and unusual hardship.

(4) A recreational vehicle parked outside of a garage or enclosed structure shall be licensed pursuant to the laws of the State and shall bear any required valid license plates within thirty days after such vehicle becomes subject to such licensing requirements or within thirty days after the owner of such vehicle has obtained ownership thereof. A recreational vehicle may be parked or stored anywhere on the premises for loading or unloading purposes for a period of not more than forty eight hours, so long as such parking for loading or unloading purposes does not obstruct pedestrian or vehicular traffic of adjoining or abutting properties of others.

(d) No person shall park or store a recreational vehicle in a residential area of the City except in compliance with all of the regulations set forth in subsection (c) hereof.

No person, being the owner of or having possession of real property in a residential area of the City, shall suffer or permit a recreational vehicle to be parked or stored thereon except in compliance with all of the regulations set forth in subsection (c) hereof.

No person, being the owner thereof, shall permit a recreational vehicle to be parked or stored in a residential area of the City except in compliance with all of the regulations set forth in subsection (c) hereof.

No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of any street or highway within two and one-half feet of a public or private driveway which intersects such street or highway.

(a) If an owner of private property posts on the property in a conspicuous manner a prohibition against parking on the property or conditions and regulations under which parking is permitted, no person shall park a vehicle on the property without the owner's consent, and no person shall park a vehicle on the property in violation of any condition or regulation posted by the owner.

(b) (1) The owner of private property may establish a private tow-away zone only if all of the following conditions are satisfied:

A. The owner posts on the owner's property a sign that is at least 18 inches by 24 inches in size, that is visible from all entrances to the property, and that contains at least all of the following information:

1. A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;

2. The telephone number of the person from whom a towed-away vehicle can be recovered, and the address of the place to which the vehicle will be taken and the place from which it may be recovered;

3. A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a towing charge, in an amount not to exceed ninety dollars ($90.00), and a storage charge, in an amount not to exceed twelve dollars ($12.00) per 24 hour period; except that the charge for towing shall not exceed one hundred fifty dollars ($150.00), and the storage charge shall not exceed twenty dollars ($20.00) per 24 hour period, if the vehicle has a manufacturer's gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer.

B. The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted, and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipality in which the private tow-away zone is located.

(2) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with division (b)(1) without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner or the owner's agent may remove, or cause the removal of, the vehicle, the owner and the operator of the vehicle shall be deemed to have consented to the removal and storage of the vehicle and to the payment of the towing and storage charges specified in division (b)(1)A.3. of this section, and the owner, subject to division (c) of this section, may recover a vehicle that has been so removed only in accordance with division (e) of this section.

(3) If the Municipality requires tow trucks and tow truck operators to be licensed, no owner of private property located within the Municipality shall remove or shall cause the removal and storage of any vehicle pursuant to division (b)(2) of this section by an unlicensed tow truck or unlicensed tow truck operator.

(4) Divisions (b)(1) through (3) of this section do not affect or limit the operation of Ohio R.C. 4513.60 through 4513.65 as they relate to property other than private property that is established as a private tow-away zone under division (b)(1) of this section.

(c) If the owner or operator of a vehicle that has been ordered into storage pursuant to division Ohio R.C. 4513.60(A) or of a vehicle that is being removed under authority of division (b)(2) of this section arrives after the vehicle has been prepared for removal but prior to its actual removal from the property, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the charge for the removal of vehicles under Ohio R.C. 4513.60(A) or of vehicles under division (b)(2) of this section, whichever is applicable, that normally is assessed by the person who has prepared the vehicle for removal, in order to obtain release of the vehicle. Upon payment of that fee, the vehicle shall be released to the owner or operator, and upon its release, the owner or operator immediately shall move it so that:

(1) If the motor vehicle was ordered into storage pursuant to Ohio R.C. 4513.60(A), it is not on the private residential or private agricultural property without the permission of the person having the right to possession of the property, or is not at the garage or place of storage without the permission of the owner, whichever is applicable;

(2) If the vehicle was being removed under authority of division (b)(2) of this section, it is not parked on the private property established as a private tow-away zone without the consent of the owner or in violation of any posted parking condition or regulation.

(d) (1) If an owner of private property that is established as a private tow-away zone in accordance with division (b)(1) of this section or the authorized agent of such an owner removes or causes the removal of a vehicle from that property under authority of division (b)(2) of this section, the owner or agent promptly shall notify the Police Department, the vehicle's license number, make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.

(2) The Police Chief shall maintain a record of vehicles that the Police Chief orders into storage pursuant to Ohio R.C. 4513.60(A) and of vehicles removed from private property in the Police Chief's jurisdiction that is established as a private tow-away zone of which the Police Chief has received notice under division (d)(1) of this section. The record shall include an entry for each such vehicle that identifies the vehicle's license number, make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any information in the record that pertains to a particular vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the vehicle and requests information pertaining to its location.

(3) Any person who registers a complaint that is the basis of the Police Chief's order for the removal and storage of a vehicle under Ohio R.C. 4513.60(A) shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.

(e) The owner of a vehicle that is ordered into storage pursuant to Ohio R.C. 4513.60(A) or of a vehicle that is removed under authority of division (b)(2) of this section may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed ninety dollars ($90.00), and storage, in an amount not to exceed twelve dollars ($12.00) per 24 hour period; except that the charge for towing shall not exceed one hundred fifty dollars ($150.00), and the storage charge shall not exceed twenty dollars ($20.00) per 24 hour period, if the vehicle has a manufacturer's gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer. Presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle also shall be required for reclamation of the vehicle. If a vehicle that is ordered into storage pursuant to Ohio R.C. 4513.60(A) remains unclaimed by the owner for 30 days, the procedures established by Ohio R.C. 4513.61 and 4513.62 shall apply.

(f) No person shall remove, or cause the removal of, any vehicle from private property that is established as a private tow-away zone under division (b)(1) of this section other than in accordance with division (b)(2) of this section, and no person shall remove, or cause the removal of, any motor vehicle from any other private property other than in accordance with Ohio R.C. 4513.60 through 4513.65.

(g) Whoever violates division (a) or (b)(3) of this section is guilty of a minor misdemeanor.

(h) Whoever violates division (f) of this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, such person is guilty of a misdemeanor of the third degree.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

353.01 DEFINITION.

As used in this chapter, "fire zone" means the area designated as a fire zone pursuant to Section 353.02 in or upon any property located in a Class U2A, U2B, U2C or U2D District under the Zoning Code and Zoning Map of the City on which one or more apartment buildings are located.

(Ord. 70 38. Passed 6 15 70.)

353.02 DESIGNATION OF FIRE ZONES.

The Director of Public Safety shall designate as fire zones those areas in and around each apartment building in the City which are necessary to provide access for fire fighting equipment and apparatus and other emergency or public safety vehicles of the City in case of fire, explosion or other emergency. The Director shall give written notice of the designation of such fire zones by certified mail to each owner of property on which one or more apartment buildings are located, and such notice shall direct the owner and the person having charge of such property to post signs and establish such other markings as the Director may deem necessary to designate clearly and distinctly such zones pursuant to Section 353.03.

(Ord. 70 38. Passed 6 15 70.)

353.03 SIGNS AND MARKINGS.

Within thirty days after receipt of notice of the designation of fire zones pursuant to Section 353.02, the owner of property on which an apartment building is located or the person having charge thereof shall post such signs and establish such markings as shall be directed by the Director of Public Safety which shall clearly and distinctly indicate the designated fire zones and the prohibition of parking therein. The size, location and content of such signs and the nature and location of such markings shall be approved by the Fire Chief and the Police Chief: No person shall fail to post such signs and establish such markings as required and within the time allowed by this section, unless the Director for good cause shown shall, in writing, extend the time for compliance up to an additional thirty days.

(Ord. 70 38. Passed 6 15 70.)

2001 Replacement

No person shall park or leave unattended or permit to remain parked or left unattended a vehicle wholly or partly within a fire zone designated as such by posted signs or other markings pursuant to this chapter.

The Director of Public Safety, Police Chief, Fire Chief or any member of the Police and Fire Divisions may provide for the removal of any vehicle found to be in violation of Section 353.04 to such garage or other place as any such person deems proper. Any costs incurred in such removal and storage shall be paid for by the registered owner of the vehicle and such costs shall be in addition to any fines or penalties which may be imposed on the owner or operator of such vehicle.

The provisions of this chapter regulating the parking of vehicles shall not apply to authorized public safety or emergency vehicles.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

CROSS REFERENCES

See sectional histories for similar State law

Pedestrian defined - see TRAF. 301.22

Pedestrian prohibited on freeways - see TRAF. 303.06

Obedience to traffic control devices - see TRAF. 313.01, 313.03

Pedestrian control signals - see TRAF. 313.05

371.01 RIGHT-OF-WAY IN CROSSWALK.

(a) When traffic control 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 331.165, 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.

(Ord. 89-48. Passed 10-17-89.)

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

2002 Replacement

(c) Division (a) of this section does not apply under the conditions stated in Ohio R.C. 4511.48(B), or a substantially similar municipal ordinance.

(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 roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

(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 20°.

(b) 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.

(c) 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.

(a) Every pedestrian crossing a roadway 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 roadway.

(b) Any pedestrian crossing a roadway 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 roadway.

(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 roadway 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 roadway.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

(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.

(b) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way roadway, shall walk only on the left side of the roadway.

(d) Except as otherwise provided in Ohio R.C. 4511.13 and 4511.46, or any substantially similar municipal ordinances, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

371.06 SOLICITING RIDES OR BUSINESS; RIDING ON OUTSIDE OF VEHICLE OR IN CARGO STORAGE AREA.

(a) No person while on a roadway outside a safety zone shall solicit a ride from the driver of any vehicle.

(b) (1) Except as provided in division (b)(2) of this section, no person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.

(2) The Council, by ordinance, may authorize the issuance of a permit to a charitable organization to allow a person acting on behalf of the organization to solicit charitable contributions from the occupant of a vehicle by standing on a highway, other than a freeway as provided in Ohio R.C. 4511.051(A), that is under the jurisdiction of the Municipality. The permit shall be valid for only one period of time, which shall be specified in the permit, in any calendar year. The Council also may specify the locations where contributions may be solicited and may impose any other restrictions on or requirements regarding the manner in which the solicitations are to be conducted that the Council considers advisable.

(3) As used in divisions (b)(2) of this section, "charitable organization" means an organization that has received from the Internal Revenue Service a currently valid ruling or determination letter recognizing the tax-exempt status of the organization pursuant to Internal Revenue Code 501(c)(3).

(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 16 years to ride in the unenclosed or unroofed cargo storage area of his or her vehicle if the vehicle is traveling faster than 25 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; or

(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 or her vehicle while the tailgate is unlatched.

(g) Whoever violates divisions (e) or (f) of this section is guilty of a minor misdemeanor.

The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.

(a) Upon the immediate approach of a public safety vehicle, as stated in Ohio R.C. 4511.45 or a substantially similar municipal ordinance, 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.

A pedestrian who is under the influence of alcohol or any drug of abuse, or any combination thereof, to a degree which renders himself or herself a hazard shall not walk or be upon a highway.

(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.

Every person operating a motorized wheelchair shall have all of the rights and duties applicable to a pedestrian that are contained in this chapter, except those provisions which by their nature can have no application.

(a) (1) Electric personal assistive mobility devices 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.

(3) The Municipality may regulate or prohibit the operation of electric personal assistive mobility devices on public streets, highways, sidewalks, and paths, or portions of roadways set aside for the exclusive use of bicycles, under its jurisdiction.

(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;

(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;

(4) Operate the device on any portion of a street or highway that has an established speed limit of 55 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 18 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 16 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 18 years of age or older and is responsible for the immediate care of the person under 16 years of age.

(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."

(e) Nothing in this section affects or shall be construed to affect any rule of the Director of Natural Resources or a board of park district commissioners governing the operation of vehicles on lands under the control of the Director or board, as applicable.

(1) Whoever violates division (b) or (c) of this section is guilty of a minor misdemeanor and shall be punished as follows:

B. If the offender previously has been convicted of or pleaded guilty to a violation of division (b) or (c) of this section, or any substantially similar state law or municipal ordinance, the court, in addition to imposing the fine required under division (f)(1)A. of this section, shall do one of the following:

1. Order the impoundment for not less than one day but no more than 30 days of the electric personal assistive mobility device that was involved in the current violation of that division. The court shall order the device to be impounded at a safe indoor location designated by the court and may assess storage fees of not more than $5 per day; provided the total storage, processing, and release fees assessed against the offender or the device in connection with the device's impoundment or subsequent release shall not exceed $50.

2. If the court does not issue an impoundment order pursuant to division (f)(1)B.1., issue an order prohibiting the offender from operating any electric personal assistive mobility device on the public streets, highways, sidewalks, and paths and portions of roadways set aside for the exclusive use of bicycles for not less than one day but not more than 30 days.

(2) Whoever violates division (d) of this section is guilty of a minor misdemeanor.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

CROSS REFERENCES

See section histories for similar State law

Bicycle defined - see TRAF. 301.04

Motorcycle defined - see TRAF. 301.19

Bicycles prohibited on freeways - see TRAF. 303.06

Motorcycle operator's license required - see TRAF. 335.01

Motorcycle headlight - see TRAF. 337.03

Motorcycle brakes - see TRAF. 337.18

Off-highway motorcycles - see TRAF. Ch. 375

373.01 CODE APPLICATION TO BICYCLES.

(a) The provisions of this Traffic Code which are applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles.

(ORC 4511.52)

(b) Every person operating a bicycle shall obey the instructions of official traffic control devices and signals applicable to vehicles, unless otherwise directed by a police officer.

2001 Replacement

373.02 RIDING UPON SEATS; CARRYING PACKAGES; MOTORCYCLE HANDLE BARS; HELMETS AND GLASSES.

(a) For purposes of this section, "snowmobile" has the same meaning as given that term in Ohio R.C. 4519.01.

(b) A person operating a bicycle or motorcycle shall not ride other than upon the permanent and regular seat attached thereto, nor carry any other person upon such bicycle or motorcycle other than upon a firmly attached and regular seat thereon, nor shall any person ride upon a bicycle or motorcycle other than upon such a firmly attached and regular seat.

(c) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

(d) No person operating a bicycle shall carry any package, bundle, or article that prevents the driver from keeping at least one hand upon the handlebars.

(e) No bicycle or motorcycle shall be used to carry more persons at one time than the number for which it is designed and equipped, nor shall any motorcycle be operated on a highway when the handlebars or grips are more than 15 inches higher than the seat or saddle for the operator.

(f) No person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device. No person who is under the age of 18 years, or who holds a motorcycle operator's endorsement or license bearing a "NOVICE" designation that is currently in effect as provided in Ohio R.C. 4507.13, shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on his or her head, and no other person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a protective helmet. The helmet, safety glasses, or other protective eye device shall conform with regulations prescribed and promulgated by the Director of Public Safety. The provisions of this paragraph or a violation thereof shall not be used in the trial of any civil action.

(a) No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

(b) No operator shall knowingly permit any person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle to attach the same or himself or herself to any vehicle while it is moving upon a roadway.

(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the 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 or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.

(EDITOR'S NOTE: Section 373.05 was repealed as part of the 1989 updating and revision of these Codified Ordinances. See Section 373.06.)

(a) Every bicycle when in use at the times specified in Ohio R.C. 4513.03 or a substantially similar municipal ordinance shall be equipped with the following:

(1) A lamp on the front that shall emit a white light visible from a distance of at least 500 feet to the front.

(2) A red reflector on the rear of a type approved by the Director of Public 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.

(3) 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.

(4) An essentially colorless reflector on the front of a type approved by the Director.

(5) Either with tires with retroreflective sidewalls or with an essentially colorless or amber reflector mounted on the spokes of the front wheel and an essentially colorless or red reflector mounted on the spokes of the rear wheel. Each reflector shall be visible on each side of the wheel from a distance of 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle. Retroreflective tires or reflectors shall be of a type approved by the Director.

(b) No person shall operate a 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.

373.07 RIDING BICYCLE ON RIGHT SIDE OF ROADWAY; OBEDIENCE TO TRAFFIC RULES; PASSING.

(a) Without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles, and so as to endanger the life, limb or property of any person while in the lawful use of the streets or sidewalks or any other public or private property;

(d) Without both hands upon the handle grips except when necessary to give the required hand and arm signals or as provided in Section 373.02(d);

(e) At a speed greater than is reasonable and prudent under the conditions then existing.

No person shall park a bicycle upon a sidewalk in such a manner so as to unduly interfere with pedestrian traffic or upon a roadway so as to unduly interfere with vehicular traffic.

No person shall operate a bicycle upon a sidewalk within a business district or upon a sidewalk where signs are erected prohibiting such operation.

Whenever any bicycle is operated by any minor under the age of eighteen years in violation of the provisions of this chapter, such bicycle may be seized by any member of the Division of Police and shall be surrendered to the parent or guardian of such minor without charge, after explanation to such parent or guardian of the reason for impounding the same.

(a) No person shall steal any bicycle or purposely take, ride or operate any bicycle without consent of the owner thereof, or buy or conceal any bicycle that has been stolen, knowing it to have been stolen, or knowingly conceal a person who has stolen any bicycle.

(b) No person shall maliciously or with intent to steal or without authority from the owner, remove from any bicycle any handle bar, frame, fork, wheel, tire, spoke, seat, mudguard, sprocket, chain, bolt, lock or any attachment, fastening or other appurtenance or any other part attached to such bicycle which is necessary in the use, control, care or operation thereof. No person shall knowingly buy, receive or have in his possession any of such articles or parts unlawfully removed as aforesaid.

(a) Bicycle Defined. A bicycle is defined as every device, other than a tricycle designed solely for use as a play vehicle by a child, propelled by human power upon which any person may ride having either two tandem wheels or one wheel in the front and two wheels in the rear, any of which is more than fourteen inches in diameter.

(b) Motorized Bicycle Defined. A motorized bicycle is defined as any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled and is equipped with a helper motor of not more than fifty cubic centimeters piston displacement which produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface.

(c) License Application and Fee. A person who resides within the City may make an application for the registration of bicycles and/or motorized bicycles to the Director of Public Safety upon forms provided by the City which shall contain the name and address of the applicant and of the owner, if not the same as the applicant, and the name of the manufacturer, color and serial number and other identifying marks of the bicycle or motorized bicycle, if any, and such other information as the Director deems pertinent. The fee for such registration and the license hereinafter described shall be one dollar ($1.00) .

(1) The Director, upon receipt of the proper application accompanied by the required fee, is authorized to issue a bicycle or motorized bicycle license which shall be effective for so long as the owner of the bicycle or motorized bicycle remains the same.

(2) The Director shall not issue a license for any bicycle or motorized bicycle when he knows or has reasonable grounds to believe that the applicant is not the owner or entitled to the possession of such bicycle or motorized bicycle or that such bicycle or motorized bicycle is not in safe operating condition.

(3) The Director shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, the name of the manufacturer, color, serial number and other identifying marks, if any, of the bicycle or motorized bicycle for which issued and such other information as the Director deems pertinent, and of all fees collected by him pursuant to this section.

(e) Disposition of Fees Collected. The Director of Public Safety shall pay over to the Director of Finance, monthly, all fees received pursuant to the provisions of this section and shall take the Director of Finance's receipt therefor, which shall be kept as a part of the Director of Public Safety's record of such registration.

(1) At the time of registration, the Director of Public Safety shall furnish to the applicant a durable registration plate bearing the license number assigned to the bicycle or motorized bicycle and the name of the City. He shall also issue a registration card to the applicant reciting that the bicycle or motorized bicycle has been registered in the name of the owner and reciting the serial number of such license.

(2) The owner shall attach such license plate to the rear mudguard or frame of the bicycle or motorized bicycle for which issued in such position as to be plainly visible from the rear.

(3) No person shall maliciously remove, destroy, mutilate or alter any serial number of any bicycle or motorized bicycle licensed hereunder or any license plate or license card issued hereunder.

(4) In the event the license plate is lost, defaced or destroyed, the Director when satisfied of such fact, shall issue a new license plate upon application of the owner of such bicycle or motorized bicycle. A replacement fee of fifty cents (500) shall be charged.

(g) Transfer of Ownership. Such license is not transferable except to a member of the licensee's family residing in the same household as the licensee. Such license shall be deemed to expire upon the sale or other transfer of a licensed bicycle or motorized bicycle except a sale or other transfer to a member of the licensee's family residing in the same household as the licensee, at which former event the licensee shall remove the license plate.

(a) No person shall operate a motorized bicycle upon a 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 14 or 15 years of age and holds a valid probationary motorized bicycle license issued after the person has passed the test provided for in this section, or the person is 16 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 this section, except that if a person is 16 years of age, has a valid probationary motorized bicycle license and desires a motorized bicycle license, he or she is not required to comply with the testing requirements provided for in this section.

(2) The motorized bicycle is equipped in accordance with the rules adopted under division (b) of this section and is in proper working order.

(3) The person, if he or she is under 18 years of age, is wearing a protective helmet on his or her head with the chin strap properly fastened and the motorized bicycle is equipped with a rearview mirror.

(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) The Director of Public Safety, subject to Ohio R.C. Chapter 119, shall adopt and promulgate rules concerning protective helmets, the equipment of motorized bicycles, and the testing and qualifications of persons who do not hold a valid driver's or commercial driver's license. The test shall be as near as practicable to the examination required for a motorcycle operator's endorsement under Ohio R.C. 4507.11. The test shall also require the operator to give an actual demonstration of his or her ability to operate and control a motorized bicycle by driving one under the supervision of an examining officer.

(c) Every motorized bicycle license expires on the birthday of the applicant in the fourth year after the date it is issued, but in no event shall any motorized bicycle license be issued for a period longer than four years.

(d) No person operating a motorized bicycle shall carry another person upon the motorized bicycle.

(e) The protective helmet and rearview mirror required by division (a)(3) of this section shall, on and after January 1, 1985, conform with rules adopted by the Director under division (b) of this section.

(f) Each probationary motorized bicycle license or motorized bicycle license shall be laminated with a transparent plastic material.

(g) Whoever violates division (a), (d), or (e) of this section is guilty of a minor misdemeanor.

Revocation of probationary motorized bicycle license by the State, see Ohio R.C.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)

(a) Whoever violates any of the provisions of Section 373.12 is guilty of a misdemeanor of the second degree.

(b) Whoever violates the provisions of Section 373.13(f)(3) is guilty of a minor misdemeanor.

CROSS REFERENCES

See section histories for similar State law

Power of court to impound registration certificates for certain violations - see

Ohio R.C. 4519.47

Street or highway defined - see TRAF. 301.42

Bicycles and motorcycles generally - see TRAF. Ch. 373

Required usage of helmets and safety glasses - see TRAF. 373.02

375.01 DEFINITIONS.

As used in this chapter:

(a) "All-purpose vehicle." 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, but excluding any self-propelled vehicle not principally used for purposes of personal transportation, any vehicle principally used in playing golf, any motor vehicle or aircraft required to be registered under Ohio R.C. Chapter 4503 or Ohio R.C. Chapter 4561, and any vehicle excepted from definition as a motor vehicle by Ohio R.C. 4501.01(B).

(b) "Dealer." Any person or firm engaged in the business of manufacturing or selling snowmobiles, off-highway motorcycles, or all-purpose vehicles at wholesale or retail, or who rents, leases or otherwise furnishes snowmobiles, off-highway motorcycles, or all-purpose vehicles for hire.

2001 Replacement

(d) "Electronic dealer." A dealer whom the Registrar of Motor Vehicles designates under Ohio R.C. 4519.511.

(e) "Interstate highway." Any part of the interstate system of highways as defined in subsection (e), 90 Stat. 431 (1976), 23 U.S.C. 103, as amended.

(f) "Limited access highway" or "freeway." Have the same meanings as in Ohio R.C. 5511.02.

(g) "Off-highway motorcycle." 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.

(h) "Operator." Any person who operates or is in actual physical control of a snowmobile, off-highway motorcycle, or all-purpose vehicle.

(i) "Owner." Any person or firm, 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.

(j) "Snowmobile." Any self-propelled vehicle designed primarily for use on snow or ice, and steered by skis, runners or caterpillar treads.

(a) In addition to any rules or regulations promulgated by the Ohio Director of Public Safety pursuant to Ohio R.C. 4519.20 and Ohio R.C. Chapter 119, equipment of snowmobiles, off-highway motorcycles, and all-purpose vehicles shall include but not necessarily be limited to requirements for the following items of equipment:

(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 tail light 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) 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 no more than 40 feet from an initial steady speed of 20 miles per hour, or locking its traction belt; and

(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 82 decibels on the "A" scale at 50 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 division (a)(1) and (a)(2) of this section shall not be required on snowmobiles, off-highway motorcycles, or all-purpose vehicles operated during the daylight hours.

(c) Whoever violates division (b) of this section shall be fined not more than fifty dollars ($50.00) for a first offense; for each subsequent offense within one year of a first offense, such person shall be fined not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100.00), or imprisoned not less than three days, or both.

(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 limited access highway or freeway or the right-of-way thereof, except for emergency travel only during such time and in such manner as the Ohio Director of Public Safety shall designate;

(2) 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;

(3) On any land or waters controlled by the State, except at those locations where a sign has been posted permitting such operation;

(5) While transporting any firearm, bow or other implement for hunting that is not unloaded and securely encased;

(6) For the purpose of chasing, pursuing, capturing or killing any animal or wild fowl; or

(7) During the time from sunset to sunrise, unless displaying lighted lights as required by Ohio R.C. 4519.20 or a substantially similar municipal ordinance.

(b) Whoever violates this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or imprisoned not less than 3 nor more than 30 days, or both.

Snowmobiles, off-highway motorcycles, and all-purpose vehicles may be operated as follows:

(a) To make a crossing of a highway, other than a highway as designated in Ohio R.C. 4519.40(A) or a substantially similar municipal ordinance, 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 highways so permits;

(c) Off and alongside 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) or a substantially similar municipal ordinance, 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 or 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.

(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 Ohio R.C. Chapter 4507, shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle on any street or highway in this Municipality, on any portion of the right-of-way thereof, or on any public land or waters.

(b) No person who is less than 16 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 the person's parent or guardian, unless accompanied by another person who is 18 years of age or older, and who holds a license as provided in division (a) of this section, 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 16 years of age but is 12 years of age or older and is accompanied by a parent or guardian who is a licensed driver 18 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), or imprisoned not less than 3 nor more than 30 days, or both.

(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 48 hours to the Chief of Police, and within 30 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 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.

(b) 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 48 hours.

Nothing contained in this chapter shall prevent the Municipality from regulating the operation of snowmobiles, off-highway motorcycle, and all-purpose vehicles on streets and highways and other public property under municipal jurisdiction, and within the reasonable exercise of the police power, except that no registration or licensing of any snowmobile, off-highway motorcycle, or all-purpose vehicle required to be registered or titled under Ohio R.C. Chapter 4519 shall be required.

(a) Except as provided in division (b), (c) and (d) of this section, no person shall operate any snowmobile, off-highway motorcycle, or all-purpose vehicle within this Municipality 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) No registration is required for a snowmobile, off-highway motorcycle, or all-purpose vehicle that is operated exclusively upon lands owned by the owner of the snowmobile, off-highway motorcycle, or all-purpose vehicle, or on lands to which the owner has a contractual right.

(c) No registration is required for a snowmobile, off-highway motorcycle, or all-purpose vehicle owned and used in this Municipality by a resident of another state whenever that state has in effect a law similar to Ohio R.C. Chapter 4519 and the snowmobile, off-highway motorcycle, or all-purpose vehicle is properly registered thereunder. Any snowmobile, off-highway motorcycle, or all-purpose vehicle owned and used in this Municipality by a resident of another state not having such a registration requirement shall comply with Ohio R.C. 4519.09.

(d) No registration is required for a snowmobile, off-highway motorcycle, or all-purpose vehicle owned and used in this Municipality by the United States, another state or a political subdivision thereof, but the snowmobile, off-highway motorcycle, or all-purpose vehicle shall display the name of the owner thereon.

(e) The owner or operator of any all-purpose vehicle operated or used upon the waters in this Municipality shall comply with Ohio R.C. Chapter 1547 and Ohio R.C. Chapter 1548 relative to the operation of watercraft.

(f) Whoever violates division (a) of this section shall be fined not more than twenty-five dollars ($25.00) for a first offense; for each subsequent offense, such person shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

375.09 OPERATION OF OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WITHOUT CERTIFICATE OF TITLE; FAILURE TO SURRENDER.

(1) Operate in this State 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 related 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 is 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 a 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 for which no penalty is otherwise provided or any lawful rules adopted pursuant to those sections.

(6) Operate in this State 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 90 days, or both.

(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)