§ 403.02 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.

   (c)   (1)   Whoever violates this section is guilty of failure to comply with an order or signal of a police officer.

      (2)   A violation of division (a) of this section is a misdemeanor of the first degree.

      (3)   Except as provided in divisions (c)(4) and (c)(5) of this section, a violation of division (b) of this section is a misdemeanor of the first degree.

      (4)   Except as provided in division (c)(5) of this section, a violation of division (b) of this section is a felony and shall be prosecuted under appropriate state law if the jury or judge as trier of fact finds by proof beyond a reasonable doubt that in committing the offense, the offender was fleeing immediately after the commission of a felony.

      (5)   A.   A violation of division (b) of this section is a felony and shall be prosecuted under appropriate state law if the jury or judge as trier of fact finds any of the following by proof beyond a reasonable doubt:

            1.   The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property.

            2.   The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.

         B.   If a police officer pursues an offender who is violating division (b) of this section and division (c)(5)A. of this section applies, the sentencing court, in determining the seriousness of an offender's conduct for purposes of sentencing the offender for a violation of division (b) of this section, shall consider, along with the factors set forth in RC 2929.12 and 2929.13 that are required to be considered, all of the following:

            1.   The duration of the pursuit;

            2.   The distance of the pursuit;

            3.   The rate of speed at which the offender operated the motor vehicle during the pursuit;

            4.   Whether the offender failed to stop for traffic lights or stop signs during the pursuit;

            5.   The number of traffic lights or stop signs for which the offender failed to stop during the pursuit;

            6.   Whether the offender operated the motor vehicle during the pursuit without lighted lights during a time when lighted lights are required;

            7.   Whether the offender committed a moving violation during the pursuit;

            8.   The number of moving violations the offender committed during the pursuit;

            9.   Any other relevant factors indicating that the offender's conduct is more serious than conduct normally constituting the offense.

   (d)   In addition to any other sanction imposed for a violation of division (a) of this section or a misdemeanor violation of division (b) of this section, the court shall impose a class five (5) suspension from the range specified in RC 4510.02(A)(5). If the offender previously has been found guilty of an offense under this section or under RC 2921.331 or any other substantially equivalent municipal ordinance, in addition to any other sanction imposed for the offense, the court shall impose a class one (1) suspension as described in RC 4510.02(A)(1). 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 RC 4510.021. No judge shall suspend any portion of the suspension under a class one (1) suspension of an offender's license, permit, or privilege required by this division.

   (e)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   "Moving violation" has the same meaning as in RC 2743.70.

      (2)   "Police officer" has the same meaning as in RC 4511.01.

(RC 2921.331(A) - (C), (E), (F); Ord. No. 1275-15. Passed 5-16-16, eff. 5-18-16)

§ 403.03 Regulations by Director of Public Service

   (a)   The Director of Public Service is hereby authorized to adopt regulations as follows:

      (1)   Designating streets or parts of streets upon which stopping, standing or parking of vehicles is prohibited at all times, prohibited during certain hours or limited for a specified time period;

      (2)   Designating streets or parts of streets as fire lanes or snow emergency streets with parking prohibited as provided in Sections 451.15 and 451.17;

      (3)   Designating streets or parts of streets upon which vehicular traffic shall move in only one (1) direction;

      (4)   Designating streets or parts of streets upon which commercial units are prohibited or restricted to a specified weight;

      (5)   Closing temporarily any street or portion thereof or restricting the use thereof when required by public safety or convenience;

      (6)   Prohibiting or requiring left-hand turns by vehicles at designated intersections or other locations, and exempting RTA vehicles from such prohibitions;

      (7)   Designating streets, parts thereof or other locations for angle parking;

      (8)   Designating stop or yield intersections.

   (b)   No such regulation shall permit parking in any of the places prohibited by this Traffic Code, nor shall any such regulation limiting the time of parking or prohibiting parking be deemed to apply on Sundays, holidays, other than Saturday afternoon or between the hours of 6:00 p.m. and 7:00 a.m., unless the regulations and the sign evidencing the same specifically so state. Regulations shall become effective ten (10) days after publication in the City Record and upon the erection of signs sufficient in number to apprise the ordinarily observant person of the existence of the regulation, and shall continue to have the force and effect of ordinances until rescinded by the Director or disapproved by ordinance of Council. However, before adopting any regulation the Director shall notify in writing council members from each ward which are to be affected by such proposed regulation at least thirty (30) days prior to the adoption of such proposed regulation. If the proposed regulation meets with the disapproval of any councilman, then such regulation shall not be adopted. The provisions of the Traffic Code shall be deemed to be regulations adopted under this section and shall continue in full force and effect as such regulations until changed in the manner provided herein. Violations of such regulations so adopted and published shall be subject to the penalties prescribed in Section 403.99.

   (c)   Council members affected by any proposed regulation of the Director may waive in writing the thirty (30) days notice required by division (b) hereof and request that such proposed regulation be published in the next succeeding issue of the City Record in order that the regulation may become effective ten (10) days after such publication and posting of signs as required by division (b) hereof.

(Ord. No. 1806-2000. Passed 3-19-01, eff. 3-26-01) (BOC Res. No. 223-01. Adopted 4-4-01)

§ 403.04 Downtown Area Parking

   (a)   Except as provided herein and in Chapter 451, no regulation adopted pursuant to Section 403.03 shall limit the time of parking nor prohibit parking between 10:00 p.m. and 7:00 a.m. upon streets or parts of streets within the Downtown Parking Area as defined in division (c) of this section. Any regulations that specifically state otherwise are hereby disapproved, and signs evidencing such regulations or otherwise contrary to this section shall be removed.

   (b)   Notwithstanding any provision of the Codified Ordinances to the contrary, any parking meter space in the Downtown Parking Area shall be free of charge on New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day (“Black Friday”), Christmas Day, and the day after Christmas Day.

   (c)   As used in this section, “Downtown Parking Area” means the area bounded by Lake Erie from the Cuyahoga River to the easterly line of East 30th Street extended; the easterly lines of East 30th Street connected from Lake Erie to Carnegie Avenue; the southerly line of Carnegie Avenue from East 30th Street to East 9th Street; the easterly line of East 9th Street to Carnegie Avenue; the southerly line of Carnegie Avenue from Broadway to the Cuyahoga River; and the Cuyahoga River from Carnegie Avenue to Lake Erie.

(Ord. No. 817-2023. Passed 9-18-23, eff. 9-21-23)

§ 403.05 Regulations by Police Chief

   The Police Chief or the Commissioner of Traffic Control is hereby authorized to make and enforce regulations necessary to make effective provisions of this Traffic Code and temporary regulations to cover emergencies, special conditions or to establish play streets.

(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

§ 403.06 Powers of Commissioner of Traffic Engineering and Commissioner of Streets

   (a)   The Commissioner of Traffic Engineering is hereby authorized to supervise erection and maintenance of traffic control devices as required by this Traffic Code and as the Commissioner of Traffic Engineering may deem necessary to regulate, guide or warn traffic, which are consistent with the provisions of this Traffic Code. All traffic control devices placed pursuant to the provisions of this Traffic Code shall conform to the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways, as set forth in RC 4511.09.

   (b)   The Commissioner of Traffic Engineering is hereby authorized to:

      (1)   Designate by appropriate devices or markings upon the surface of the roadway, crosswalks or intersections and at such other places as he or she deems necessary. The Commissioner of Streets shall place such devices and markings;

      (2)   Establish safety zones of such kind and character and at such places as he or she deems necessary for the protection of pedestrians;

      (3)   Determine lanes for traffic at such places as he or she deems necessary. The Commissioner of Streets shall mark such lanes on street pavements;

      (4)   Determine the right and left side of laned streets. The Commissioner of Streets shall mark the center line of such streets;

      (5)   Establish temporarily a zone of quiet upon any street where a person is seriously ill if requested by the written statement of at least one (1) registered physician certifying to its necessity. A temporary zone of quiet shall embrace all territory within a radius of two hundred (200) feet of the building occupied by the person named in the request of the physician, and shall be designated by placing at a conspicuous place in the street a sign bearing the words “Quiet Zone,” which sign shall be placed by the Commissioner of Streets;

      (6)   Determine the location of truck zones and placement of appropriate signs indicating such and stating the hours during which the provisions regarding truck zones are applicable;

      (7)   Designate by means of markers or signs placed above, within or adjacent to intersections, the lanes from which right or left turns only shall be made, or the lanes from which right or left turns may be made by vehicles turning at such intersections;

      (8)   Determine the location of loading and unloading zones where there are physically recessed areas from the street provided for loading and unloading and when no parking is permitted within the block. The appropriate signs indicating such and stating the hours during which the provisions regarding such loading and unloading zones are applicable shall be placed and maintained by the Commissioner of Streets;

      (9)   Determine the location of taxicab stands signs indicating such and stating the prohibitions or provisions relative thereto shall be placed and maintained by the Commissioner of Streets;

      (10)   Establish parking meter zones on streets or parts thereof where parking meters shall be installed and maintained by the Division of Parking Facilities, and where parking shall be regulated by the provisions of Chapter 453;

      (11)   Establish criteria for the installation of traffic control signals at private accessways. All costs relative to such installations shall be borne by the industrial or commercial establishment or other traffic generator or any part or combination thereof who benefits from such installation.

(Ord. No. 1806-2000. Passed 3-19-01, eff. 3-26-01) (BOC Res. No. 223-01. Adopted 4-4-01)

§ 403.07 Parking Enforcement

   The Director of Public Safety may designate civilian employees of the Police Division, employees of the Division of Traffic Engineering and Parking and employees of the Division of Parking Facilities to enforce all parking regulations of the City including those relative to Municipal parking facilities and to issue citations for any violation thereof.

(Ord. No. 1525-81. Passed 6-29-81, eff. 7-2-81)

§ 403.071 Idle Reduction, Enforcement

   The Director of Public Safety may designate appropriate employees to enforce Section 431.44, and to issue citations for any violation of that section.

(Ord. No. 207-09. Passed 6-8-09, eff. 10-1-09)