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(a) The driver of a vehicle, streetcar, or trackless trolley upon meeting or overtaking from either direction any school bus stopped for the purpose of receiving or discharging any school child, person attending programs offered by community boards of mental health and county boards of developmental disabilities, or child attending a program offered by a head start agency, shall stop at least ten (10) feet from the front or rear of the school bus and shall not proceed until the school bus resumes motion, or until signaled by the school bus driver to proceed. It is no defense to a charge under this division that the school bus involved failed to display or be equipped with an automatically extended stop warning sign as required by division (b) of this section.
(b) Every school bus shall be equipped with amber and red visual signals meeting the requirements of RC 4511.771, and an automatically extended stop warning sign of a type approved by the State Board of Education, which shall be actuated by the driver of the bus whenever, but only whenever, the bus is stopped or stopping on the roadway for the purpose of receiving or discharging school children, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, or children attending programs offered by head start agencies. A school bus driver shall not actuate the visual signals or the stop warning sign in designated school bus loading areas where the bus is entirely off the roadway or at school buildings when children or persons attending programs offered by community boards of mental health and county boards of developmental disabilities are loading or unloading at curbside or at buildings when children attending programs offered by head start agencies are loading or unloading at curbside. The visual signals and stop warning sign shall be synchronized or otherwise operated as required by rule of the Board.
(c) Where a highway has been divided into four (4) or more traffic lanes, a driver of a vehicle need not stop for a school bus approaching from the opposite direction which has stopped for the purpose of receiving or discharging any school child, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, or children attending programs offered by head start agencies. The driver of any vehicle overtaking the school bus shall comply with division (a) above.
(d) School buses operating on divided highways or on highways with four (4) or more traffic lanes shall receive and discharge all school children, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, and children attending programs offered by head start agencies on their residence side of the highway.
(e) No school bus driver shall start the driver's bus until after any child, person attending programs offered by community boards of mental health and county boards of developmental disabilities, or child attending a program offered by a head start agency who may have alighted therefrom has reached a place of safety on the child's or person's residence side of the road.
(f) (1) Whoever violates division (a) of this section may be fined an amount not to exceed five hundred dollars ($500.00). A person who is issued a citation for a violation of division (a) of this section is not permitted to enter a written plea of guilty and waive the person's right to contest the citation in a trial but instead must appear in person in the proper court to answer the charge.
(2) In addition to and independent of any other penalty provided by law, the court may impose upon an offender who violates this section a class seven (7) 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 RC 4510.02(A)(7). When a license is suspended under this section, the court shall cause the offender to deliver the license to the court, and the court or Clerk of the Court immediately shall forward the license to the Registrar of Motor Vehicles, together with notice of the court's action.
(g) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Head start agency" has the same meaning as in RC 3301.32.
(2) "School bus" means, as used in relation to children who attend a program offered by a head start agency, means a bus that is owned and operated by a head start agency, is equipped with an automatically extended stop warning sign of a type approved by the State Board of Education, is painted the color and displays the markings described in RC 4511.77, and is equipped with amber and red visual signals meeting the requirements of RC 4511.77, irrespective of whether or not the bus has fifteen (15) or more children aboard at any time. The term does not include a van owned and operated by a head start agency, irrespective of its color, lights or markings.
(RC 4511.75; Ord. No. 1279-15. Passed 4-24-17, eff. 4-25-17)
(a) (1) Whenever any person driving a vehicle or trackless trolley approaches a railroad grade crossing, the person shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad if any of the following circumstances exist at the crossing:
A. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train.
B. A crossing gate is lowered.
C. A flagperson gives or continues to give a signal of the approach or passage of a train.
D. There is insufficient space on the other side of the railroad grade crossing to accommodate the vehicle or trackless trolley the person is operating without obstructing the passage of other vehicles, trackless trolleys, pedestrians or railroad trains, notwithstanding any traffic-control signal indication to proceed.
E. An approaching train is emitting an audible signal or is plainly visible, and is in hazardous proximity to the crossing.
F. There is insufficient undercarriage clearance to safely negotiate the crossing.
(2) A person who is driving a vehicle or trackless trolley and who approaches a railroad grade crossing shall not proceed as long as any of the circumstances described in divisions (a)(1)A. through (a)(1)F. of this section exist at the crossing.
(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed, or is being opened or closed unless the person is signaled by a law enforcement officer or flagperson that it is permissible to do so.
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(RC 4511.62; Ord. No. 1279-15. Passed 4-24-17, eff. 4-25-17)
(a) (1) Except as provided in division (a)(2) of this section, the operator of any bus, any school vehicle, or any vehicle transporting material required to be placarded under 49 C.F.R. Parts 100 to 185, before crossing at grade any track of a railroad, shall stop the vehicle, and while so stopped, shall listen through an open door or open window, and look in both directions along the track for any approaching train and for signals indicating the approach of a train, and shall proceed only upon exercising due care after stopping, looking and listening as required by this section. Upon proceeding, the operator of such a vehicle shall cross only in a gear that will ensure there will be no necessity for changing gears while traversing the crossing, and shall not shift gears while crossing the tracks.
(2) Division (a) of this section does not apply at grade crossings when any local authority has filed an application with the Public Utilities Commission requesting the approval of an exempt crossing, and the Public Utilities Commission has authorized and approved an exempt crossing as provided in RC 4511.63(B).
(3) As used in division (a) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. "Bus" means any vehicle originally designed by its manufacturer to transport sixteen (16) or more passengers, including the driver, or carries sixteen (16) or more passengers, including the driver.
B. "Exempt crossing" means a highway rail grade crossing authorized and approved by the Public Utilities Commission under RC 4511.63(B) at which vehicles may cross without making the stop otherwise required by this section.
C. "School vehicle" means any vehicle used for the transportation of pupils to and from a school or school-related function if the vehicle is owned or operated by, or operated under contract with, a public or nonpublic school.
(4) Except as otherwise provided in this division, whoever violates division (a) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one (1) or more violations of division (a) of this section or RC 4511.63, 4511.76, 4511.761, 4511.762, 4511.764, 4511.77 or 4511.79, or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates division (a) of this section is guilty of a misdemeanor of the fourth degree.
(RC 4511.63)
(b) (1) As used in this section, "active grade crossing warning device" has the same meaning as in RC 5733.43.
(2) The Ohio Department of Transportation and local authorities, with the approval of the Department, may designate dangerous highway crossings over railroad tracks and erect stop signs thereat.
(3) A. The Department and local authorities shall erect stop signs at a railroad highway grade crossing in either of the following circumstances:
1. New warning devices that are not active grade crossing warning devices are being installed at the grade crossing, and railroad crossbucks were the only warning devices at the grade crossing prior to the installation of the new warning devices.
2. The grade crossing is constructed after July 1, 2013 and only warning devices that are not active grade crossing warning devices are installed at the grade crossing.
B. Division (b)(3)A. of this section does not apply to a railroad highway grade crossing that the Ohio Director of Transportation has exempted from that division because of traffic flow or other considerations or factors.
(4) When stop signs are erected pursuant to division (b)(2) or (b)(3) of this section, the operator of any vehicle shall stop within fifty (50), but not less than fifteen (15), feet from the nearest rail of the railroad tracks and shall exercise due care before proceeding across such grade crossing.
(5) Except as otherwise provided in this division, whoever violates division (b)(4) of this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(RC 4511.61; Ord. No. 1279-15. Passed 4-24-17, eff. 4-25-17)
No person shall operate a motor vehicle through a service station, parking lot or any other place of business to pass from one (1) street to an intersecting street without stopping for service provided by such service station or place of business.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) Every motor vehicle operating within the City of Cleveland for the purpose of selling ice cream, frozen custards, sherbets or other frozen desserts within the public streets shall be equipped with clearly visible and illuminated brake lights and shall have “slow, children” regulations on said vehicles. A vehicle meets the requirements of this section if it either:
(1) Has a retractable driver-operated yellow “slow, children” sign on the left side of the vehicle, to be activated when stopped or standing for the purpose of selling ice cream or frozen desserts; or
(2) Bears a yellow sign stating legibly in a contrasting color, “slow, children” on both the front and rear of the vehicle and which can be illuminated by the driver when stopped or standing for the purpose of selling ice cream or frozen desserts. The sign shall be of sufficient size to be clearly legible to one of normal vision from a distance of two hundred (200) feet.
(b) The driver of any vehicle overtaking a motor vehicle selling ice cream or frozen desserts shall heed the “slow, children” sign and exercise due caution when passing said vehicle.
(c) No person shall operate any motor vehicle within the City of Cleveland for the purpose of selling ice cream or other frozen desserts within the public streets later than 8:15 p.m., during the months of May through August, inclusive, and no later than 6:00 p.m., other times.
(d) The time limitation set forth in division (c) shall not apply to the sale of ice cream or other frozen desserts by concessionaires under agreement within City of Cleveland-owned parks.
Also, notwithstanding and as an exception to the Codified Ordinances of Cleveland, Ohio, 1976, vehicles selling ice cream and other frozen desserts in the city streets shall park within six (6) inches of the curb. This provision shall not apply to such vehicles within the city parks.
(e) Whoever violates this section shall be guilty of a misdemeanor of the fourth degree for the first offense and for each violation thereafter, shall be guilty of a misdemeanor of the third degree.
(Ord. No. 2180-B-86. Passed 2-1-88, eff. 2-8-88)
No person shall operate a hatchback motor vehicle with the rear hatch open, except when necessary to transport cargo. “Hatchback motor vehicle” shall mean any motor vehicle equipped with a single hinged rear window panel in lieu of a trunk lid, which may be opened to provide access to the vehicle. Whoever violates this section is guilty of a minor misdemeanor.
(Ord. No. 2998-89. Passed 6-18-90, eff. 6-27-90)
(a) Purpose. The purpose of this section is to protect public health and the environment by reducing emissions while conserving fuel, maintaining adequate rest and safety of all drivers, and removing barriers to economic development imposed by the region’s air quality status under the federal Clean Air Act.
(b) Applicability. As used in this section, “vehicle” has the same meaning as in RC 4511.01.
(c) General Requirement. Except as provided in division (d) of this section:
(1) The owner or operator of a vehicle shall not cause or allow a vehicle to idle for more than five (5) minutes in any sixty (60) minute period; and
(2) The owner or operator of a vehicle that is loading or unloading at a loading dock or loading/unloading area, and the owner or operator of the loading dock or loading/unloading area, shall not cause or allow a vehicle to idle in that loading/unloading area for more than ten (10) minutes in any sixty (60) minute period.
(d) Exemptions. Division (c) of this section does not apply when:
(1) The outdoor temperature is below thirty- two degrees Fahrenheit (32°F) or above eighty-five degrees Fahrenheit (85°F). However, idling is limited to ten (10) minutes in any sixty (60) minute period;
(2) To prevent a safety or health emergency, a vehicle idles when operating defrosters, heaters, air conditioners, or when installing equipment;
(3) A vehicle idles while forced to remain motionless because of on-highway traffic, an official traffic control device or signal, or at the direction of a law enforcement official;
(4) A police, fire, ambulance, public safety, military, other emergency or law enforcement vehicle, or any vehicle being used in an emergency capacity, idles while in an emergency or training mode, or to maintain communications, and not solely for the convenience of the vehicle operator;
(5) The primary propulsion engine idles for maintenance, servicing, repair, or diagnostic purposes if idling is required for such activity, or idles as part of a state or federal inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection;
(6) Idling of the primary propulsion engine is necessary to power work-related mechanical or electrical operations other than propulsion (e.g., mixing or processing cargo or straight truck refrigeration). This exemption does not apply when idling for cabin comfort or to operate non-essential on-board equipment;
(7) An armored vehicle idles when a person remains inside the vehicle to guard the contents, or while the vehicle is being loaded or unloaded;
(8) An occupied vehicle with a sleeper berth compartment idles for purposes of air conditioning or heating during a required rest or sleep period;
(9) A vehicle idles due to mechanical difficulties over which the driver has no control;
(10) A vehicle is only operating an auxiliary power unit, generator set, or other mobile idle reduction technology as a means to heat, air condition, or provide electrical power as an alternative to idling the main engine;
(11) A vehicle is actively engaged in work upon the surface of a street or highway, including construction, cleaning, and snow removal activities, and the operator is in the vehicle.
(e) Penalty. Whoever violates this section shall be guilty of a minor misdemeanor.
(Ord. No. 207-09. Passed 6-8-09, eff. 10-1-09)
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