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Centerville, OH Code of Ordinances
CENTERVILLE MUNICIPAL CODE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER OF THE MUNICIPALITY OF CENTERVILLE MONTGOMERY COUNTY, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
Centerville, OH Zoning Code
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434.035   SPEED LIMITS ON PRIVATE ROADS AND DRIVEWAYS.
   (a)   The owner of a private road or driveway located in a private residential area containing 20 or more dwelling units may establish a speed limit on the road or driveway by complying with all of the following requirements:
      (1)   The speed limit is not less than 25 miles per hour and is indicated by a sign that is in a proper position, is sufficiently legible to be seen by an ordinarily observant person, and meets the specifications for the basic speed limit sign included in the manual adopted by the Department of Transportation pursuant to Ohio R.C. 4511.09;
      (2)   The owner has posted a sign at the entrance of the private road or driveway that is in plain view and clearly informs persons entering the road or driveway that they are entering private property, a speed limit has been established for the road or driveway, and the speed limit is enforceable by law enforcement officers under State law.
   (b)   No person shall operate a vehicle upon a private road or driveway as provided in division (a) of this section at a speed exceeding any speed limit established and posted pursuant to division (a).
   (c)   When a speed limit is established and posted in accordance with division (a) of this section, a law enforcement officer may apprehend a person violating the speed limit of the residential area by utilizing any of the means described in Ohio R.C. 4511.091 or by any other accepted method of determining the speed of a motor vehicle and may stop and charge the person with exceeding the speed limit.
   (d)   Pursuant to Ohio R.C. 4511.211(D), points shall be assessed for violation of a speed limit established and posted in accordance with division (a) of this section in accordance with Ohio R.C. 4510.036.
   (e)   As used in this section:
      (1)   “Owner” includes but is not limited to a person who holds title to the real property in fee simple, a condominium owners' association, a property owners' association, a board of directors or trustees of a private community, and a nonprofit corporation governing a private community.
      (2)   “Private residential area containing 20 or more dwelling units” does not include a Chautauqua assembly as defined in Ohio R.C. 4511.90.
   (f)   Penalty. A violation of division (b) of this section is one of the following:
      (1)   A violation of division (b) of this section is one of the following:
         A.   Except as otherwise provided in divisions (f)(1)B. and (f)(1)C. of this section, a minor misdemeanor;
         B.   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violations of this section, Ohio R.C. 4511.211(B), or any other municipal ordinance that is substantially equivalent to that division, a misdemeanor of the fourth degree;
         C.   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of this section, Ohio R.C. 4511.211(B), or any other municipal ordinance that is substantially equivalent to that division, a misdemeanor of the third degree.
      (2)   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 § 408.02(b).
(R.C. § 4511.211)
434.04   SLOW SPEED; POSTED MINIMUM SPEEDS.
   (a)   No person shall stop or operate a vehicle at such an unreasonably slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.
   (b)   Whenever the Director of Transportation or local authorities determine on the basis of an engineering and traffic investigation that slow speeds on any part of a controlled-access highway, expressway, or freeway consistently impede the normal and reasonable movement of traffic, the Director or such local authority may declare a minimum speed limit below which no person shall operate a motor vehicle, except when necessary for safe operation or in compliance with the law. No minimum speed limit established hereunder shall be less than 30 miles per hour, greater than 50 miles per hour, nor effective until the provisions of Ohio R.C. 4511.21 or a substantially equivalent municipal ordinance, relating to appropriate signs, have been fulfilled and local authorities have obtained the approval of the Director.
   (c)   In a case involving a violation of this section, the trier of fact, in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator.
   (d)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   (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 § 408.02(b).
(R.C. § 4511.22)
434.05   SPEED LIMITATIONS OVER BRIDGES.
   (a)   (1)   No person shall operate a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed that can be maintained with safety to such bridge or structure, when such structure is posted with signs as provided in this section.
      (2)   The Department of Transportation upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it finds that such structure cannot with safety withstand traffic traveling at the speed otherwise permissible under this Traffic Code, the Department shall determine and declare the maximum speed of traffic which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of a least 100 feet before each end of the structure.
      (3)   Upon the trial of any person charged with a violation of this section, proof of such determination of the maximum speed by the Department and the existence of such signs shall constitute prima facie evidence of the maximum speed which can be maintained with safety to such bridge or structure.
   (b)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   (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 § 408.02(b).
(R.C. § 4511.23)
434.06   SPEED EXCEPTIONS FOR EMERGENCY OR SAFETY VEHICLES.
   The prima facie speed limitations set forth in Ohio R.C. 4511.21 or a substantially equivalent municipal ordinance do not apply to emergency vehicles or public safety vehicles when they are responding to emergency calls and are equipped with and displaying at least one flashing, rotating, or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, and when the drivers thereof sound audible signals by bell, siren, or exhaust whistle. This section does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons using the street or highway.
(ORC 4511.24)
434.07   STREET RACING PROHIBITED.
   (a)   As used in this section, “street racing” means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds. Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. The operation of two or more vehicles side by side either at speeds in excess of prima facie lawful speeds established by Ohio R.C. 4511.21(B)(1)(a) through (B)(9) or a substantially equivalent municipal ordinance, or rapidly accelerating from a common starting point to a speed in excess of such prima facie lawful speeds shall be prima facie evidence of street racing.
   (b)   No person shall participate in street racing upon any public road, street, or highway in this Municipality.
   (c)   Whoever violates this section is guilty of street racing, a misdemeanor of the first degree. In addition to any other sanctions, the court shall suspend the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privileges for not less than 30 days or more than three years. No judge shall suspend the first 30 days of any suspension of an offender's license, permit, or privilege imposed under this division.
(ORC 4511.251)
434.08   VEHICULAR HOMICIDE; VEHICULAR MANSLAUGHTER; VEHICULAR ASSAULT.
   (a)   No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another's pregnancy in any of the following ways:
      (1)   A.   As the proximate result of committing a violation of Ohio R.C. 4511.19(A) or of a substantially equivalent municipal ordinance;
         B.   As the proximate result of committing a violation of Ohio R.C. 1547.11(A) or of a substantially equivalent municipal ordinance;
         C.   As the proximate result of committing a violation of Ohio R.C. 4561.15(A)(3) or of a substantially equivalent municipal ordinance.
      (2)   In one of the following ways:
         A.   Recklessly;
         B.   As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in division (d) of this section.
      (3)   In one of the following ways:
         A.   Negligently;
         B.   As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (d) of this section.
      (4)   As the proximate result of committing a violation of any provision of any section contained in Ohio R.C. Title 45 that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Ohio R.C. Title 45 that is a minor misdemeanor.
   (b)   (1)   Whoever violates division (a)(1) or (2) of this section is guilty of aggravated vehicular homicide, a felony to be prosecuted under appropriate State law.
      (2)   A.   Whoever violates division (a)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide committed in violation of division (a)(3) of this section is a felony to be prosecuted under appropriate state law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under R.C. § 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
         B.   In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(4).
         (3)   A.   Whoever violates division (a)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
            B.   In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class six suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(6) or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic- related homicide, manslaughter, or assault offense, or a traffic- related murder, felonious assault, or attempted murder offense, a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(4).
   (c)   The court shall impose a mandatory jail term of at least 15 days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (a)(3)B. of this section and may impose upon the offender a longer jail term as authorized pursuant to R.C. § 2929.24.
   (d)   Divisions (a)(2)B. and (a)(3)B. of this section do not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. The failure to erect signs of the type described in Ohio R.C. 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (a)(1), (a)(2)A., (a)(3)A., or (a)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone.
   (e)   (1)   As used in this section:
         A.   “Construction zone” has the same meaning as in Ohio R.C. 5501.27.
         B.   “Mandatory prison term” and “mandatory jail term” have the same meanings as in Ohio R.C. 2929.01.
         C.   “Motor vehicle” has the same meaning as in Ohio R.C. 4501.01.
         D.   “Reckless operation offense” means a violation of Ohio R.C. 4511.20 or a municipal ordinance substantially equivalent to Ohio R.C. 4511.20.
         E.   “Speeding offense” means a violation of Ohio R.C. 4511.21 or a municipal ordinance pertaining to speed.
         F.   “Traffic-related homicide, manslaughter, or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07, or 2903.08 as they existed prior to March 23, 2000.
         G.   “Traffic-related murder, felonious assault, or attempted murder offense” means a violation of Ohio R.C. 2903.01 or Ohio R.C. 2903.02 in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of Ohio R.C. 2903.11(A)(2) in circumstances in which the deadly weapon used in the commission of the violation is a motor vehicle, or an attempt to commit aggravated murder or murder in violation of Ohio R.C. 2923.02 in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder.
      (2)   For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of this or another state or the United States.
   (f)   Vehicular assault.
      (1)   No person, while operating or participating in the operation of a motor vehicle or motorcycle, shall cause serious physical harm to another person or another’s unborn as the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (f)(4) of this section.
      (2)   A.   Except as otherwise provided in this division, vehicular assault committed in violation of division (f)(1) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (f)(1) of this section is a felony to be prosecuted under appropriate state law if, at the time of the offense, the offender was driving under a suspension imposed under R.C. Chapter 4510 or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of division (f)(1) of this section, R.C. § 2903.08, or any traffic-related homicide, manslaughter, or assault offense.
         B.   In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(4).
      (3)   The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (f)(1) of this section and may impose upon the offender a longer jail term as authorized pursuant to R.C. § 2929.24.
      (4)   Division (f)(1) of this section does not apply in a particular construction zone unless signs of the type described in R.C. § 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under R.C. § 5501.27.
      (5)   As used in this division (f):
         A.   “Construction zone.” Has the same meaning as in R.C. § 5501.27.
         B.   “Mandatory jail term.” Has the same meaning as in R.C. § 2929.01.
         C.   “Speeding offense.” Has the same meaning as in R.C. § 2903.06.
         D.   “Traffic-related homicide, manslaughter, or assault offense.” Has the same meaning as in R.C. § 2903.06.
      (6)   For the purposes of this division (f), when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.
(R.C. 2903.08(A)(3), (C)(3), (D)(3), (E) - (G))
Statutory reference:
   Vehicular assault and aggravated vehicular assault, felony offenses, see Ohio R.C. 2903.08
   Trial court to suspend driver's license, see Ohio R.C. 4510.05, 4510.10
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