432.34 OBSTRUCTING INTERSECTIONS, CROSSWALKS OR GRADE CROSSINGS.

   (a)   No driver shall enter an intersection or marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians or railroad trains, notwithstanding any traffic control signal indication to proceed.

   (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 4511.712)

432.35 "PEELING"; CRACKING EXHAUST NOISES.

   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 rubber tires of such vehicle squeal or leave tire marks on the roadway, commonly called "peeling. "

(Ord. 1969-54. Passed 7-7-69.)

432.36 OPERATION ON PATHS SET ASIDE FOR BICYCLES.

   (a)   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.

   (b)   Nothing in this section shall be construed to affect any rule of the Ohio Director of Natural Resources governing the operation of motor vehicles, snowmobiles, all-purpose vehicles and bicycles on lands under his or her jurisdiction.

   (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 4511.713)

432.37 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. (ORC 4511.82)

432.38 USE OF EARPHONES WHILE DRIVING.

(a)   As used in this section:

(1)   “Earphones” means any device that covers all or a portion of both ears and that does either of the following:

A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;

B.   Provides hearing protection.

“Earphones” does not include speakers or other listening devices that are built into protective headgear.

(2)   “Earplugs” means any device that can be inserted into one or both ears and that does either of the following:   

A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;

B.   Provides hearing protection.

   (b)   No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.

   (c)   This section does not apply to:

(1)   Any person wearing a hearing aid;

(2)   Law enforcement personnel while on duty;

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

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

(5)   Any person engaged in the operation of refuse collection equipment;

      (6)   Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.

432.39 USE OF ELECTRONIC WIRELESS COMMUNICATIONS DEVICES WHILE DRIVING.

   (a)    Definitions. As used in this section:

      (1)    "Electronic wireless communications device" means a portable electronic device capable of transmitting and/or receiving data and includes the following: a wireless telephone; a text-messaging device; a personal digital assistant; and a computer, including a laptop computer and a computer tablet.

      (2)    "Text message" means a message sent or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a "text message."

      (3)    "Voice operated or hands-free device" means a device that allows the user to vocally compose or send, or listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function.

   (b)    No person shall use an electronic wireless communications device in any manner while driving a motor vehicle in the City, including composing, sending or receiving text messages and using an electronic wireless communications device to dial, answer, talk, or listen unless such use is otherwise authorized in subsection (c).

   (c)    Notwithstanding the provisions of subsection (b) of this section, this section shall not apply when:

      (1)    A driver is using an electronic wireless communications device to contact any law enforcement agency, police officers, emergency services personnel, emergency medical technicians, or fire safety officials to report an emergency situation; or

      (2)    A driver is using an electronic wireless communications device inside a motor vehicle when such vehicle is parked, standing, or stopped and is removed from the flow of traffic, in accordance with applicable laws or rules, or is stopped due to the inoperability of such vehicle;

      (3)    A driver is using a voice operated or hands-free device which allows the driver to maintain both hands on the vehicle's steering device while the vehicle is operating; or

      (4)    Safety and public service personnel, employed by a governmental agency, are using electronic wireless communications devices in the course of their work.
(Ord. 2012-95. Passed 6-18-12.)

432.40 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.

   (a)   No person shall operate a vehicle on or onto a public street or highway that is temporarily covered by a rise in water level, including groundwater or an overflow of water, and that is clearly marked by a sign that specifies that the road is closed due to the rise in water level and that any person who uses the closed portion of the road may be fined up to two thousand dollars ($2,000).

   (b)   A person who is issued a citation for a violation of subsection (a) hereof is not permitted to enter a written plea of guilty and waive the person’s right to contest the citation in court, but instead must appear in person in the proper court to answer the charge.

   (c)   (1)   Whoever violates subsection (a) hereof is guilty of a minor misdemeanor.

      (2)   In addition to the financial sanctions authorized or required under Section 698.02 and to any costs otherwise authorized or required under any provision of law, the court imposing the sentence upon an offender who is convicted of or pleads guilty to a violation of subsection (a) hereof shall order the offender to reimburse one or more rescuers for the cost any such rescurer incurred in rescuing the person, excluding any cost of transporting the rescued person to a hospital or other facility for treatment of injuries, up to a cumulative maximum of two thousand dollars ($2,000).  If more than one rescuer was involved in the emergency response, the court shall allocate the reimbursement proportionately, according to the cost each rescuer incurred.  A financial sanction imposed under this section is a judgment in favor of the rescuer and, subject to a determination of indigency under division (B) of Ohio R.C. 2929.28, a rescuer may collect the financial sanction in the same manner as provided in Ohio R.C. 2929.28.

   (d)   As used in this section:

      (1)   “Emergency medical service organization”, “firefighting agency” and “private fire company” have the same meanings as in Ohio R.C. 9.60.

      (2)   “Rescuer” means a state agency, political subdivision, firefighting service, private fire company, or emergency medical service organization.

         (ORC 4511.714.)

432.99 PENALTY.

   (EDITOR'S NOTE: See Section 408.02 for general Code penalty if no specific penalty is provided.)