(a) No person shall engage in distribution with the driver or occupant of a vehicle in a right-of-way unless such vehicle is lawfully stopped, standing, or parked in compliance with Chapter 4511 of the Revised Code and Title VII of the Revised Code.
(b) No person who is within a right-of-way shall engage in distribution with the driver or occupant of a vehicle stopped in a right-of-way in obedience to a traffic control signal. However, a person may engage in distribution with the occupant of a vehicle in a right-of-way so long as the person remains on the surrounding sidewalks and not in or on the right-of-way itself, including any medians or traffic islands within the right-of-way.
(c) No person, being the driver or occupant of a vehicle in a right-of-way, shall engage in distribution with another who is not an occupant of the vehicle unless such vehicle is lawfully stopped, standing, or parked in compliance with Chapter 4511 of the Revised Code and Title VII of the Revised Code.
(d) No person, being the driver or occupant of a vehicle stopped in a right-of-way in obedience to a traffic control signal, shall engage in distribution with another who is not an occupant of the vehicle. However, a driver or occupant of a vehicle in a right-of-way may engage in distribution with another who is not an occupant of the vehicle so long as the person remains on the surrounding sidewalks and not in the right-of-way itself, including any medians or traffic islands within the right-of-way.
(e) Whoever violates this section is guilty of distribution in a right-of-way, a misdemeanor of the fourth degree. When a person has been previously convicted of a violation of section 2333.01, or any other substantially similar state statute or municipal ordinance, the offense of distribution in a right of way is a misdemeanor of the third degree.
(f) For the purpose of this section, the term "distribution" means "an exchange or an attempt to exchange a physical item between two or more individuals."
(g) All other words and phrases used in this section shall have the same meanings as defined in R.C. § 4511.01.
(h) A violation of subsection (a), (b), (c), or (d) is a strict liability offense.
(Ord. 01-19. Passed 4-9-19.)