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Codified Ordinances of Brooklyn, OH
Codified Ordinances of Brooklyn, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO.: 2003-20
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
TITLE ONE - Administration
TITLE THREE - Streets and Traffic Control Devices
TITLE FIVE - Vehicles
CHAPTER 331 Operation Generally
331.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
331.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.
331.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
331.04 OVERTAKING AND PASSING UPON RIGHT.
331.05 OVERTAKING, PASSING TO LEFT OF CENTER.
331.06 ADDITIONAL RESTRICTIONS ON DRIVING UPON LEFT SIDE OF ROADWAY.
331.07 HAZARDOUS OR NO PASSING ZONES.
331.08 DRIVING IN MARKED LANES OR CONTINUOUS LINES OF TRAFFIC.
331.09 FOLLOWING TOO CLOSELY.
331.10 TURNING AT INTERSECTIONS.
331.11 TURNING INTO PRIVATE DRIVEWAY, ALLEY OR BUILDING.
331.12 "U" TURNS RESTRICTED.
331.13 STARTING AND BACKING VEHICLES.
331.14 SIGNALS BEFORE CHANGING COURSE, TURNING OR STOPPING.
331.15 HAND AND ARM SIGNALS.
331.16 RIGHT OF WAY AT INTERSECTIONS.
331.17 RIGHT OF WAY WHEN TURNING LEFT.
331.18 OPERATION OF VEHICLE AT YIELD SIGNS.
331.19 OPERATION OF VEHICLE AT STOP SIGNS.
331.20 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP SIGNALS OR SIGNS.
331.21 RIGHT OF WAY OF PUBLIC SAFETY OR CORONER’S VEHICLE.
331.211 REPORT OF VEHICLE FAILING TO YIELD RIGHT OF WAY TO PUBLIC SAFETY VEHICLE.
331.22 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: DUTY TO YIELD.
331.23 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: STOPPING AT SIDEWALK.
331.24 RIGHT OF WAY OF FUNERAL PROCESSION.
331.25 DRIVER'S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS.
331.26 DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR.
331.27 FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY VEHICLES.
331.28 DRIVING OVER FIRE HOSE.
331.29 DRIVING THROUGH SAFETY ZONE.
331.30 ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS.
331.31 DRIVING UPON DIVIDED ROADWAYS.
331.32 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
331.33 OBSTRUCTING INTERSECTION, CROSSWALK OR GRADE CROSSING.
331.34 FAILURE TO CONTROL; WEAVING; FULL TIME AND ATTENTION.
331.35 OCCUPYING TRAVEL TRAILER, FIFTH WHEEL VEHICLE, OR MANUFACTURED OR MOBILE HOME WHILE IN MOTION.
331.36 SQUEALING TIRES, "PEELING," CRACKING EXHAUST NOISES.
331.37 DRIVING AND PARKING UPON SIDEWALKS, STREET LAWNS OR CURBS.
331.38 STOPPING FOR SCHOOL BUS; DISCHARGING CHILDREN.
331.39 DRIVING ACROSS GRADE CROSSING.
331.40 STOPPING AT GRADE CROSSING.
331.401 SLOW-MOVING VEHICLES OR EQUIPMENT AT GRADE CROSSINGS.
331.41 SHORTCUTTING THROUGH PRIVATE PROPERTY; OPERATION ACROSS WITHOUT CONSENT.
331.42 DRIVING ON BROOKLYN MEMORIAL PARK ROADWAY.
331.43 LITTERING FROM MOTOR VEHICLE.
331.44 WEARING EARPLUGS OR EARPHONES PROHIBITED.
331.45 ELECTRONIC WIRELESS COMMUNICATION DEVICE USE PROHIBITED WHILE DRIVING.
331.46 OPERATION OF RADIOS OR OTHER SOUNDMAKING DEVICES OR INSTRUMENTS IN VEHICLES.
331.47 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.
331.48 RESTRICTIONS ON THE OPERATION OF SCHOOL BUSES.
331.99 PENALTY.
CHAPTER 333 OVI; Willful Misconduct; Speed
CHAPTER 335 Licensing; Accidents
CHAPTER 337 Safety and Equipment
CHAPTER 339 Commercial and Heavy Vehicles
CHAPTER 341 Commercial Drivers
CHAPTER 343 Transportation of Radioactive Materials
TITLE SEVEN - Parking
TITLE NINE - Pedestrians, Bicycles and Motorcycles
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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331.211 REPORT OF VEHICLE FAILING TO YIELD RIGHT OF WAY TO PUBLIC SAFETY VEHICLE.
   (a)   When the failure of a motor vehicle operator to yield the right-of-way to a public safety vehicle as required by Section 331.21(a) impedes the ability of the public safety vehicle to respond to an emergency, any emergency personnel in the public safety vehicle may report the license plate number and a general description of the vehicle and the operator of the vehicle to the law enforcement agency exercising jurisdiction over the area where the alleged violation occurred.
   (b)   (1)   Upon receipt of a report under subsection (a) of this section, the law enforcement agency may conduct an investigation to attempt to determine or confirm the identity of the operator of the vehicle at the time of the alleged violation.
      (2)   If the identity of the operator at the time of an alleged violation of Section 331.21(a) is established, the law enforcement agency has probable cause to issue either a written warning or a citation for that violation, and the agency shall issue a written warning or a citation to the operator.
      (3)   If the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the law enforcement agency may issue a warning to the person who owned the vehicle at the time of the alleged violation. However, in the case of a leased or rented vehicle, the law enforcement agency shall issue the written warning to the person who leased or rented the vehicle at the time of the alleged violation.
   (c)   (1)   Whoever violates Section 331.21(a) based on a report filed under subsection (a) of this section is guilty of a minor misdemeanor and shall be fined one hundred fifty dollars ($150.00).
      (2)   If a person who is issued a citation for a violation of Section 331.21(a) based on a report filed under subsection (a) of this section does not enter a written plea of guilty and does not waive the person’s right to contest the citation but instead appears in person in the proper court to answer the charge, the trier of fact cannot find beyond a reasonable doubt that the person committed that violation unless the emergency personnel who filed the report appears in person in the court and testifies.
   (d)   As used in this section:
      (1)   “License plate” includes any temporary motor vehicle license registration issued under Ohio R.C. 4503.182 or similar law of another jurisdiction.
      (2)   “Public safety vehicle” does not include an unmarked public safety vehicle or a vehicle used by a public law enforcement officer or other person sworn to enforce the criminal and traffic laws of the State or a vehicle used by the Motor Carrier Enforcement Unit for the enforcement of orders and rules of the Public Utilities Commission. (ORC 4511.454)
331.22 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: DUTY TO YIELD.
   (a)   Subject to compliance with any traffic control device, the operator of a vehicle about to enter or cross a highway from an alley or from any place other than another roadway shall yield the right of way to all traffic approaching on the roadway to be entered or crossed.
   (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 303.991 of the Traffic Code.
(ORC 4511.44)
331.23 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: STOPPING AT SIDEWALK.
   (a)   Subject to compliance with any traffic control device, the driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.
   (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 303.991 of the Traffic Code. (ORC 4511.431)
331.24 RIGHT OF WAY OF FUNERAL PROCESSION.
   (a)   As used in this section "funeral procession" means two or more vehicles accompanying the body of a deceased person in the daytime when each of such vehicles has its headlights lighted and is displaying a purple and white pennant attached to each vehicle in such a manner as to be clearly visible to traffic approaching from any direction.
   (b)   Excepting public safety vehicles proceeding in accordance with Section 331.21 or when directed otherwise by a police officer, pedestrians and the operators of all vehicles shall yield the right of way to each vehicle which is a part of a funeral procession. Whenever the lead vehicle in a funeral procession lawfully enters an intersection, the remainder of the vehicles in such procession may continue to follow such lead vehicle through the intersection notwithstanding any traffic control devices or right-of-way provisions of this Traffic Code, provided the operator of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian upon the roadway.
   (c)   No person shall operate any vehicle as a part of a funeral procession without having the headlights of such vehicle lighted and without displaying a purple and white pennant in such a manner as to be clearly visible to traffic approaching from any direction.
   (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 303.991 of the Traffic Code. (ORC 4511.451)
331.25 DRIVER'S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS.
   (a)   No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle.
   (b)    No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
(ORC 4511.70(A),(B))
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