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Avon, Ohio Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF AVON, OHIO
DIRECTORY OF OFFICIALS (2025)
PRELIMINARY UNIT
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
TITLE TWO - Administration, Enforcement and Penalties
TITLE FOUR - Public Ways and Traffic Control Devices
TITLE SIX - Operation and Vehicles
CHAPTER 432 Operation Generally
432.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
432.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.
432.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
432.04 OVERTAKING, PASSING TO RIGHT OF VEHICLE.
432.05 OVERTAKING, PASSING TO LEFT OF CENTERLINE.
432.06 DRIVING UPON LEFT SIDE OF ROADWAY.
432.07 HAZARDOUS OR NO PASSING ZONES.
432.08 DRIVING WITHIN LANES OR CONTINUOUS LINES OF TRAFFIC.
432.09 FOLLOWING TOO CLOSELY.
432.10 TURNING AT INTERSECTIONS.
432.11 “U” TURNS RESTRICTED.
432.12 STARTING AND BACKING VEHICLES.
432.13 SIGNALS BEFORE CHANGING COURSE, TURNING OR STOPPING.
432.14 HAND AND ARM SIGNALS.
432.15 RIGHT-OF-WAY AT INTERSECTIONS.
432.155 INTERSECTIONS AT WHICH TRAFFIC CONTROL SIGNALS FAIL OR MALFUNCTION.
432.16 RIGHT-OF-WAY WHEN TURNING LEFT.
432.17 OPERATION OF VEHICLE AT STOP AND YIELD SIGNS.
432.18 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP SIGNALS OR SIGNS.
432.19 RIGHT-OF-WAY OF PUBLIC SAFETY OR CORONER'S VEHICLE.
432.195 DRIVING WHILE APPROACHING STATIONARY PUBLIC SAFETY VEHICLE AND CERTAIN OTHER VEHICLES WITH CAUTION.
432.20 RIGHT-OF-WAY AT PRIVATE DRIVEWAY, ALLEY OR BUILDING.
432.205 STOP SIGNS ON PRIVATE ROADS AND DRIVEWAYS.
432.21 RIGHT-OF-WAY OF FUNERAL PROCESSION.
432.22 DRIVING UPON SIDEWALKS, TREE LAWNS OR CURBS.
432.23 DRIVER'S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS.
432.24 DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR.
432.25 FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY VEHICLES.
432.26 DRIVING OVER FIRE HOSE.
432.27 DRIVING THROUGH SAFETY ZONE.
432.28 ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS.
432.29 DRIVING UPON DIVIDED ROADWAYS.
432.30 STOPPING FOR SCHOOL BUS; ACTUATING VISUAL SIGNALS; DISCHARGING CHILDREN.
432.31 DRIVING ACROSS GRADE CROSSINGS.
432.32 STOPPING AT GRADE CROSSINGS.
432.33 SLOW-MOVING VEHICLES OR EQUIPMENT AT GRADE CROSSINGS.
432.34 OBSTRUCTING INTERSECTIONS, CROSSWALKS OR GRADE CROSSINGS.
432.35 “PEELING”; CRACKING EXHAUST NOISES.
432.36 SHORTCUTTING ACROSS PRIVATE PROPERTY.
432.37 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
432.38 WEAVING; FULL TIME AND ATTENTION.
432.39 OPERATION ON PATHS SET ASIDE FOR BICYCLES.
432.40 LITTERING FROM MOTOR VEHICLES.
432.41 USE OF EARPHONES WHILE DRIVING.
432.42 TEXTING WHILE DRIVING PROHIBITED.
432.43 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY MINORS OR PROBATIONARY DRIVERS WHILE DRIVING PROHIBITED.
432.99 PENALTY.
CHAPTER 434 O.V.I.; Reckless Operation; Speed
CHAPTER 436 Licensing; Accidents
CHAPTER 438 Safety and Equipment
CHAPTER 440 Commercial and Heavy Vehicles
CHAPTER 442 Drivers of Commercial Vehicles
CHAPTER 444 Offenses Relating to Theft and Fraud
TITLE EIGHT - Parking
TITLE TEN - Bicycles, Motorcycles and Snowmobiles
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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432.38 WEAVING; FULL TIME AND ATTENTION.
   (a)   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.
   (b)   No person shall operate a motor vehicle or motorcycle without giving his or her full time and attention to the operation of such vehicle.
432.39 OPERATION ON PATHS SET ASIDE FOR BICYCLES.
   (a)   (1)   No person shall operate a motor vehicle, snowmobile, or all-purpose vehicle upon any path set aside for the exclusive use of bicycles, when an appropriate sign giving notice of such use is posted on the path.
      (2)   Nothing in this section shall be construed to affect any rule of the Director of Natural Resources governing the operation of motor vehicles, snowmobiles, all-purpose vehicles, and bicycles on lands under the Director's jurisdiction.
   (b)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under § 408.02(b).
(R.C. § 4511.713)
432.40 LITTERING FROM MOTOR VEHICLES.
   (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.
   (d)   Whoever violates division (a) or (b) of this section is guilty of a minor misdemeanor.
(ORC 4511.82)
432.41 USE OF EARPHONES WHILE DRIVING.
   (a)   As used in this section:
      (1)   “Earphones.” Any device that covers all or a portion of both ears and that does either of the following:
         A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
         B.   Provides hearing protection.
         “Earphones” does not include speakers or other listening devices that are built into protective headgear.
      (2)   “Earplugs.” Any device that can be inserted into one or both ears and that does either of the following:
         A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
         B.   Provides hearing protection.
   (b)   No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.
   (c)   This section does not apply to:
      (1)   Any person wearing a hearing aid;
      (2)   Law enforcement personnel while on duty;
      (3)   Fire Department personnel and emergency medical service personnel while on duty;
      (4)   Any person engaged in the operation of equipment for use in the maintenance or repair of any highway;
      (5)   Any person engaged in the operation of refuse collection equipment;
      (6)   Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.
   (d)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 4511.84)
432.42   TEXTING WHILE DRIVING PROHIBITED.
   (a)   No person shall drive a motor vehicle on any street, highway, or property open to the public for vehicular traffic while using a handheld electronic wireless communications device to write, send, or read a text-based communication or to send, read, create or interact with Internet-based content, play games or otherwise interact with the Internet.
   (b)   Division (a) of this section does not apply to any of the following:
      (1)   A person using a handheld electronic wireless communications device in that manner for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
      (2)   A person driving a public safety vehicle who uses a handheld electronic wireless communications device in that manner in the course of the person's duties;
      (3)   A person using a handheld electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel;
      (4)   A person reading, selecting, or entering a name or telephone number in a handheld electronic wireless communications device for the purpose of making or receiving a telephone call;
      (5)   A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle;
      (6)   A person receiving wireless messages via radio waves;
      (7)   A person using a device for navigation purposes;
      (8)   A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device;
      (9)   A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
      (10)   A person using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle.
   (c)   Violation of division (a) of this section shall be a primary offense.
   (d)   Whoever violates division (a) of this section is guilty of a minor misdemeanor.
   (e)   A prosecution for a violation of R.C. § 4511.204 does not preclude a prosecution for a violation of a substantially equivalent municipal ordinance based on the same conduct. However, if an offender is convicted of or pleads guilty to a violation of R.C. § 4511.204 and is also convicted of or pleads guilty to a violation of a substantially equivalent municipal ordinance based on the same conduct, the two offenses are allied offenses of similar import under R.C. § 2941.25.
   (f)   As used in this section:
      (1)   “Electronic wireless communications device.” Includes any of the following:
         A.   A wireless telephone;
         B.   A text-messaging device;
         C.   A personal digital assistant;
         D.   A computer, including a laptop computer and a computer tablet;
         E.   Any other substantially similar wireless device that is designed or used to communicate text.
      (2)   “Voice-operated or hands-free device.” A device that allows the user to vocally compose or send, or to listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function.
      (3)   “Write, send, or read a text-based communication.” To manually write or send, or read a text-based communication using an electronic wireless communications device, including manually writing or sending, or reading communications referred to as text messages, instant messages, or electronic mail.
(Ord. 29-18. Passed 5-14-18.)
Statutory reference:
   Texting while driving prohibited, see R.C. § 4511.204
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