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Berea Overview
Codified Ordinances of Berea, OH
CHAPTER 703
Enforcement, Impounding and Penalty
703.01   Compliance with lawful order of police officer; fleeing.
703.02   Traffic direction in emergencies.
703.03   Officer may remove ignition key.
703.04   Road workers, motor vehicles and equipment excepted.   .
703.041   Emergency, public safety and coroner’s vehicles exempt.
703.05   Application to persons riding,    driving animals upon roadway.   
703.06   Freeway use prohibited by pedestrians, bicycles and animals.   
703.07   Application to drivers of government vehicles.
703.08   Impounding of vehicles; redemption.
703.081   Impounding vehicles on private residential or agricultural property.
703.082   Private tow-away zones.
703.083   Impounding vehicles on public property.
703.09   Providing false information to police officer.
703.99   General Traffic Code penalties.
703.991   Committing an offense while distracted penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.62 et seq.
Citations for minor misdemeanors - see Ohio R.C. 2935.26 et seq.
Power of trial court of record to suspend or revoke license for certain violations - see Ohio R.C. 4507.16, 4507.34
State point system suspension - see Ohio R.C. 4507.40
Uniform application of Ohio Traffic Law - see Ohio R.C. 4511.06
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
Exceptions for emergency or public safety vehicles - see TRAF. 731.20, 733.06
 
703.01 COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER; FLEEING.
   (a)   No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control or regulate traffic.
   (b)   No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person’s motor vehicle to a stop.
   (EDITOR'S NOTE: Refer to Ohio R.C. 2921.331 for filing charges under subsection (b) hereof since the jury or judge as trier of fact may determine the violation to be a felony.)
   (c)   Whoever violates this section is guilty of failure to comply with an order or signal of a police officer. A violation of subsection (a) is a misdemeanor of the first degree. Except as hereinafter provided, a violation of subsection (b) is a misdemeanor of the first degree. A violation of subsection (b) is a felony if the jury or judge as trier of fact finds any one of the following by proof beyond a reasonable doubt:
      (1)   In committing the offense, the offender was fleeing immediately after the commission of a felony;
      (2)   The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property;
      (3)   The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
   (d)   In addition to any other sanction imposed for a violation of subsection (a) of this section or a misdemeanor violation of subsection (b) of this section, the court shall impose a class five suspension from the range specified in Ohio R.C. 4510.02(A)(5). If the offender previously has been found guilty of an offense under this section, in addition to any other sanction imposed for the offense, the court shall impose a class one suspension as described in division (A)(1) of that section. The court may grant limited driving privileges to the offender on a suspension imposed for a misdemeanor violation of this section as set forth in Ohio R.C. 4510.021. No judge shall suspend the first three years of suspension under a class two suspension of an offender’s license, permit or privilege required by this division on any portion of the suspension under a class one suspension of an offender’s license, permit, or privilege required by this subsection.
(ORC 2921.331)
703.02 TRAFFIC DIRECTION IN EMERGENCIES.
   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.
(Ord. 1955-48. Passed 8-15-55.)
703.03 OFFICER MAY REMOVE IGNITION KEY.
   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, or any public or private property used by the public for purposes of vehicular travel or parking. The officer removing such key shall place notification upon the vehicle detailing his name and badge number, the place where such key may be reclaimed and the procedure for reclaiming such key. The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership.
(ORC 4549.05)
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