CHAPTER 404
Enforcement; Impounding
Enforcement; Impounding
404.01 Compliance with orders; fleeing; emergencies; school guards. (Recodified in part)
404.02 Resisting an enforcing official.
404.03 Road workers, motor vehicles and equipment excepted.
404.035 Emergency, public safety and coroner's vehicles exempt.
404.04 Application to persons riding, driving animals upon roadway.
404.05 Impounding of vehicles; redemption.
404.06 Application to drivers of government vehicles.
404.07 Owner presumed to have knowledge.
404.08 Furnishing false information incident to traffic citation.
404.99 Penalty.
404.991 Committing an offense while distracted penalty.
CROSS REFERENCES
See section histories for similar State law
Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.61 et seq.
Burden of proof - see Ohio R.C. 2901.05
Arrest without warrant for misdemeanor - see Ohio R.C. 2935.03
Right of trial by jury - see Ohio R.C. 2945.17
Time within which hearing or trial must be held - see Ohio R.C. 2945.71
Extension of time for hearing or trial - see Ohio R.C. 2945.72
Discharge for delay in trial - see Ohio R.C. 2945.73
Power of trial court of record to suspend or revoke license for certain
violations - see Ohio R.C. 4507.34
State point system suspension - see Ohio R.C. 4507.40
Uniform application of Ohio Traffic Law - see Ohio R.C. 4511.06
Use of private property for vehicular travel - see Ohio R.C. 4511.08
Authority of arresting officer when radar, electrical or mechanical timing device
used - see Ohio R.C. 4511.091
Marking motor vehicles used by traffic officers - see Ohio R.C. 4549.13
Distinctive uniform required for traffic officers - see Ohio R.C. 4549.15
Parking violations waiver - see TRAF. 452.17
Impounding of bicycles - see TRAF. 474.09
Limitation on criminal prosecutions - see GEN. OFF. 606.06
Failure to aid a law enforcement officer - see GEN. OFF. 606.13
Obstructing official business - see GEN. OFF. 606.14
Obstructing justice - see GEN. OFF. 606.15
Resisting arrest - see GEN. OFF. 606.16
Soliciting or receiving improper compensation - see GEN. OFF. 606.18
Dereliction of duty - see GEN. OFF. 606.19
Disposition of property held by law enforcement agency - see GEN. OFF. 606.24
404.01 COMPLIANCE WITH ORDERS; FLEEING; EMERGENCIES; SCHOOL GUARDS. (RECODIFIED IN PART)
(a) (EDITOR'S NOTE: Subsection (a) was recodified as part of the 1989 updating and revision of these Codified Ordinances. See Section 606.165 of the General Offenses Code.)
(b) Police officers may 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. Firemen, 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 fireman issued pursuant to this subsection.
(c) 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.
(Ord. 1969-54. Passed 7-7-69.)
404.02 RESISTING AN ENFORCING OFFICIAL.
No person shall resist, hinder, obstruct or abuse any official while such official is attempting to arrest offenders under this Traffic Code. No person shall interfere with any person charged under such sections with the enforcement of the law relative to public streets.
(ORC 4513.36; 1964 Code §40.04)
404.03 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED.
(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 such persons and vehicles when traveling to or from such work.
(b) The driver of a highway maintenance vehicle owned by this state or any political subdivision of this state, while the driver is engaged in the performance of official duties upon a street or highway, provided the highway maintenance vehicle is equipped with flashing lights and such other markings as are required by law, and such lights are in operation when the driver and vehicle are so engaged, shall be exempt from criminal prosecution for violations of Sections 432.01 to 432.04, 432.06 to 432.08, 432.31, 434.04, 438.01 and Ohio R.C. 4511.66 and 5577.01 to 5577.09.
(2) This section does not exempt a driver of a vehicle who is not a state employee and who is engaged in the transport of highway maintenance equipment from criminal liability for a violation of Ohio R.C. 5577.01 to 5577.09.
(d) As used in this section, “engaged in the performance of official duties” includes driving a highway maintenance vehicle to and from the manufacturer or vehicle maintenance provider and transporting a highway maintenance vehicle, equipment, or materials to and from a work location.
(ORC 4511.04)
404.035 EMERGENCY, PUBLIC SAFETY AND CORONER'S VEHICLES EXEMPT.
(a) Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.202, 4511.21, 4511.211, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62, 4511.66, 4511.68, 4511.681 and 4511.69 and all sections of this Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed above, do not apply to the driver of an emergency vehicle or public safety vehicle if the emergency vehicle or public safety vehicle is responding to an emergency call, is equipped with and displaying at least one flashing, rotating or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and if the driver of the vehicle is giving an audible signal by siren, exhaust whistle or bell. This section does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway. (ORC 4511.041)
(b) Ohio R.C. 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.35, 4511.36, 4511.37, 4511.38 and 4511.66, and all sections of this Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed above, do not apply to a coroner, deputy coroner, or coroner's investigator operating a motor vehicle in accordance with Ohio R.C. 4513.171. This section does not relieve a coroner, deputy coroner, or coroner's investigator operating a motor vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway. (ORC 4511.042)
404.04 APPLICATION TO PERSONS RIDING, DRIVING ANIMALS UPON ROADWAY.
Every person riding, driving or leading an animal upon a roadway shall be subject to the provisions of this Traffic Code applicable to the driver of a vehicle, except those provisions of such sections which by their nature are inapplicable.
(ORC 4511.05; 1964 Code §40.01)
404.05 IMPOUNDING OF VEHICLES; REDEMPTION.
(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, other than an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, is left on private residential property, as defined in Section 452.05(d), 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 forty-eight consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place;
(3) When any abandoned junk motor vehicle is left on private property for more than forty-eight 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 parking, or upon or within the right of way of any road or highway, for forty-eight consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place;
(4) When any vehicle has been stolen or operated without the consent of the owner;
(5) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
(6) When any vehicle has been used in or connected with the commission of a felony;
(7) 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;
(8) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
(9) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(10) 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;
(11) 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 paragraph (a)(2) or (3) hereof shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4613.60 et seq. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(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 has 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.
Loading...