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Beachwood Overview
Codified Ordinances of Beachwood, OH
Codified Ordinances of the City of Beachwood, Ohio
CERTIFICATION
DIRECTORY OF OFFICIALS
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF BEACHWOOD
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART FOUR - TRAFFIC CODE
TITLE TWO - Administration, Enforcement and Penalties
TITLE FOUR- Public Ways and Traffic Control Devices
TITLE SIX - Vehicles and Operation
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 REPORT OF VEHICLE FAILING TO YIELD RIGHT OF WAY TO PUBLIC SAFETY VEHICLE.
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 AND PARKING UPON SIDEWALKS, STREET 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 SHORTCUTTING ACROSS PRIVATE PROPERTY.
432.32 WEAVING.
432.325 FAILURE TO CONTROL; FULL TIME AND ATTENTION.
432.33 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
432.34 OBSTRUCTING INTERSECTIONS, CROSSWALKS OR GRADE CROSSINGS.
432.35 "PEELING"; CRACKING EXHAUST NOISES.
432.36 OPERATION ON PATHS SET ASIDE FOR BICYCLES.
432.37 LITTERING FROM MOTOR VEHICLES.
432.38 USE OF EARPHONES WHILE DRIVING.
432.39 USE OF ELECTRONIC WIRELESS COMMUNICATIONS DEVICES WHILE DRIVING.
432.40 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.
432.99 PENALTY.
CHAPTER 434 DUI; 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 SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   432.01  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)   (1)   Upon all roadways any vehicle proceeding at less than the prevailing and lawful speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, and far enough to the right to allow passing by faster vehicles if such passing is safe and reasonable, except under any of the following circumstances:
         A.   When overtaking and passing another vehicle proceeding in the same direction;
         B.   When preparing for a left turn;
         C.   When the driver must necessarily drive in a lane other than the right-hand lane to continue on the driver’s intended route.
      (2)   Nothing in subsection (b)(1) of this section requires a driver of a slower vehicle to compromise the driver’s safety to allow overtaking by a faster vehicle.
   (c)    Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the centerline 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 subparagraph (a)(2) hereo£
   (d)    Subsection (c) hereof shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road or driveway.
   (e)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code.  (ORC 4511.25)
   432.02  PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.
   (a)   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.  (1964 Code §42.26)
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code.    (ORC 4511.26)
   432.03  OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
   (a)   The following rules govern the overtaking and passing of vehicles proceeding in the same direction:
      (1)   The operator of a vehicle overtaking another vehicle proceeding in the same direction shall, except as provided in subsection (a)(3) hereof, signal to the vehicle to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.  When a motor vehicle overtakes and passes a bicycle or electric bicycle, three feet or greater is considered a safe passing distance.
      (2)    Except when overtaking and passing on the right is permitted, the operator of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle at the latter’s audible signal, and he shall not increase the speed of  his vehicle until completely passed by the overtaking vehicle.
      (3)    The operator of a vehicle overtaking and passing another vehicle proceeding in the same direction on a divided street or highway as defined in Section 432.29, 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.
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code.  (ORC 4511.27)
   432.04  OVERTAKING, PASSING TO RIGHT OF VEHICLE.
   (a)    The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
      (1)    When the vehicle overtaken is making or about to make a left turn;
      (2)    Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
   (b)    The driver of a vehicle may overtake and pass another vehicle only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code.  (ORC 4511.28)
   432.05  OVERTAKING, PASSING TO LEFT OF CENTERLINE.
   (a)   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 such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made, without interfering with the safe operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for traffic approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code. 
(ORC 4511.29)
   432.06  DRIVING UPON LEFT SIDE OF ROADWAY.
   (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;
      (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 Section 432.01(a)(2).
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code.  (ORC 4511.30)
   432.07  HAZARDOUS OR NO PASSING ZONES.
   (a)   Hazardous zones, commonly called "no passing zones," shall consist of an auxiliary yellow line marked on the roadway pavement and placed parallel to the normal center line or marked lane line.  When the auxiliary yellow line appears on the left side in the driver's lane of travel and to the right of the normal center line or marked lane line, no driver shall drive across the auxiliary yellow line to overtake and pass another vehicle proceeding in the same direction.  When auxiliary yellow lines appear on both sides of the normal center line or marked lane line, drivers proceeding in either direction shall not drive across such auxiliary yellow lines to overtake and pass another vehicle proceeding in the same direction.  No driver shall, at any other time, drive across the yellow auxiliary line when it appears in the driver's lane of travel, except to make a lawfully permitted left-hand turn under the rules governing such movement.  No passing signs may also be erected facing traffic to indicate the beginning and end of each no passing zone.
   When appropriate signs or markings indicating hazardous or no passing zones are in place and clearly visible, every operator of a vehicle shall obey the directions of the signs or markings, notwithstanding the distance set out in Section 432.06. 
   
   (b)   Subsection (a) of this section does not apply when all of the following apply:
      (1)   The slower vehicle is proceeding at less than half the speed of the speed limit applicable to that location.
      (2)   The faster vehicle is capable of overtaking and passing the slower vehicle without exceeding the speed limit.
      (3)   There is sufficient clear sight distance to the left of the center or center line of the roadway to meet the overtaking and passing provisions of Section 432.05, considering the speed of the slower vehicle.
   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code.    (ORC 4511.31)
   432.08  DRIVING WITHIN LANES OR CONTINUOUS LINES OF TRAFFIC.
   (a)   Whenever any roadway has been divided into two or more clearly marked lanes for traffic or wherever traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply:
      (1)   A vehicle shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.
      (2)   Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or when preparing for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is posted with signs to give notice of such allocation.
      (3)   Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles shall obey the directions of such signs.
      (4)   Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device. 
   (b)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code.  (ORC 4511.33)
   432.09  FOLLOWING TOO CLOSELY.
   (a)    The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle, and the traffic upon and the condition of the street.
   (b)    The driver of any truck or of a 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 such vehicle and another vehicle ahead so an overtaking vehicle may enter and occupy such space without danger. The provisions of this subsection shall not be construed to prevent overtaking and passing nor shall the same apply upon 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 such vehicles so that an overtaking vehicle may enter and occupy such space without danger. The provisions of this subsection shall not apply to funeral processions.
   (d)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code.  (ORC 4511.34)
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