§ 433.04 Stopping or Slow Speed; Posted Minimum Speeds

   (a)   No person shall stop or operate a vehicle trackless trolley, or streetcar 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 Ohio Director of Transportation or the Council 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, trackless trolley, or streetcar except when necessary for safe operation or in compliance with law. No minimum speed limit established hereunder shall be less than thirty (30) miles per hour, greater than fifty (50) miles per hour, nor effective until the provisions of RC 4511.21 and Section 433.03, relating to appropriate signs, have been fulfilled and the City has 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 (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 4511.22)

   (e)   (1)   It is prima facie unlawful for the operator of a vehicle to operate such vehicle on any portion of a controlled-access highway at a speed less than thirty-five (35) miles per hour where the speed limit is fifty (50) miles per hour and at a speed less than forty (40) miles per hour where the speed limit is fifty-five (55) miles per hour.

      (2)   This limit shall not apply to any operation on a ramp nor to any person while engaged in maintenance or construction work on such highway or to any employee of a public agency while engaged in the performance of his or her official duties.
(Ord. No. 1279-15. Passed 4-24-17, eff. 4-25-17)