§ 313.011 CIVIL PENALTIES FOR AUTOMATED TRAFFIC-CONTROL VIOLATION SYSTEMS.

(a) (1) No pedestrian or driver of a vehicle shall disobey the instructions of any traffic-control device placed in accordance with the provisions of this traffic code, unless at the time otherwise directed by a police officer.

(2) No provision of this traffic code for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section of this traffic code does not state that signs are required, that section shall be effective even though no signs are erected or in place.

(R.C. § 4511.12(A))

(b) (1) Except as provided in division (c) of this section, any operator of a commercial motor vehicle, upon approaching a scale location established for the purpose of determining the weight of the vehicle and its load, shall comply with any traffic- control device or the order of a peace officer directing the vehicle to proceed to be weighed or otherwise inspected.

(2) Any operator of a commercial motor vehicle, upon bypassing a scale location in accordance with division (c) below, shall comply with an order of a peace officer to stop the vehicle to verify the use and operation of an electronic clearance device.

(c) Any operator of a commercial motor vehicle that is equipped with an electronic clearance device authorized by the Superintendent of the State Highway Patrol under R.C. § 4549.081 may bypass a scale location, regardless of the instruction of a traffic-control device to enter the scale facility, if either of the following apply:

(1) The in-cab transponder displays a green light or other affirmative visual signal and also sounds an affirmative audible signal;

(2) Any other criterion established by the Superintendent of the State Highway Patrol is met.

(d) Any peace officer may order the operator of a commercial motor vehicle that bypasses a scale location to stop the vehicle to verify the use and operation of an electronic clearance device.

(e) As used in this section, COMMERCIAL MOTOR VEHICLE means any combination of vehicles with a gross vehicle weight rating or an actual gross vehicle weight of more than 10,000 pounds if the vehicle is used in interstate or intrastate commerce to transport property and also means any vehicle that is transporting hazardous materials for which placarding is required pursuant to 49 C.F.R. Parts 100 to 180.

(R.C. § 4511.121(A) - (C), (E))

(f) No person shall use an electronic clearance device if the device or its use is not in compliance with rules of the Superintendent of the State Highway Patrol.

(R.C. § 4549.081(B))

(g) (1) Except as otherwise provided in this division, whoever violates division (a) above 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 division (a) above 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 division (a) above is guilty of a misdemeanor of the third degree. 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 § 303.99(f).

(R.C. § 4511.12(B))

(2) Whoever violates division (b) above is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to a violation of division (b) above or any substantially equivalent state law or municipal ordinance, whoever violates division (b) above is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of division (b) above or any substantially equivalent state law or municipal ordinance, whoever violates division (b) above is guilty of a misdemeanor of the third degree. 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 § 303.99(f).

(R.C. § 4511.121(D))

(3) Whoever violates division (f) above is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.

(R.C. § 4549.081(C))

§ 313.011 CIVIL PENALTIES FOR AUTOMATED TRAFFIC-CONTROL VIOLATION SYSTEMS.

(a) Automated traffic-control violation system - civil violation.

(1) Notwithstanding any other provision of this Chapter 313, Traffic-Control Devices, and Chapter 333, DUI; Willful Misconduct; Speed, the city hereby adopts a civil enforcement system for traffic signal, sign and speeding violations as outlined in this section. Said system imposes monetary liability on the owner of a vehicle for failure of the vehicle operator to comply with traffic control indications and speed limits in the city in accordance with the provisions of this section. This section shall be enforceable as an alternative to enforcement of criminal sanctions under Chapters 313 and 333 of the codified ordinances, and the Ohio Revised Code.

(2) The Police Department, assisted by the Service Department and the Department of Law, shall be responsible for administering the Automated Traffic-Control Violation System. Specifically, the city shall be empowered to install video and electronic traffic control and speeding detection systems within the city. The Police Department shall also maintain a list of system locations where traffic control and speeding detection systems are installed, and shall make the determination as to which locations will be utilized.

(3) Any citation for an automated traffic control violation system violation pursuant to this section, known as a “notice of liability” shall:

A. Be processed by officials or agents of the Police Department;

B. Be forwarded by first-class mail or personal service to the vehicle’s registered owner’s address as given on the state’s motor vehicle registration; and

C. Clearly state the manner in which the violation may be appealed.

(b) Definitions.

(1) AUTOMATED TRAFFIC- CONTROL VIOLATION SYSTEM . The equivalent of TRAFFIC-CONTROL SIGNAL MONITORING DEVICE or TRAFFIC-CONTROL PHOTOGRAPHIC SYSTEM . Said system/device is an electronic system consisting of a photographic, video or electronic camera and a vehicle sensor installed to work alone or in conjunction with an official traffic controller and to automatically produce photographs, video or digital images of each vehicle violating a traffic-control signal device or speed limit.

(2) IN OPERATION. Operating in good working condition.

(3) SYSTEM LOCATION. The approach to an intersection or a street toward which a photographic, video or electronic camera is directed and is in operation. It is the LOCATION where the automated camera system is installed to monitor offenses under this section.

(4) VEHICLE OWNER. The person or entity identified by the state’s Bureau of Motor Vehicles, or registered with any other state vehicle registration office, as the registered owner of a vehicle.

(1) The owner of a vehicle shall be liable for a civil monetary penalty imposed pursuant to this section if such vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal facing that vehicle’s direction is emitting a steady red light.

(2) The owner of a vehicle shall be liable for a civil monetary penalty imposed pursuant to this section if such vehicle is operated at a speed in excess of those set forth in § 333.03 of this city’s codified ordinances or by the R.C. § 4511.21.

(3) It is prima facie evidence that the person registered as owner of the vehicle with the state’s Bureau of Motor Vehicles (or with any other state or county vehicle registration office) was operating the vehicle at the time of the offense set out in division (c)(1) above.

(4) Notwithstanding above (c)(3) above, the owner of the vehicle shall not be responsible for the violation if, within 21 days from the date listed on the “notice of liability”, as set forth in division (a)(3) above, the owner furnishes the Hearing Officer:

A. An affidavit stating the name and address of the person or entity who leased, rented or otherwise had the care, custody and control of the vehicle at the time of the violation; or

B. A law enforcement incident report/general offense report from any state or local law enforcement agency/record bureau stating that the vehicle involved was reported stolen before the time of the violation.

(5) An imposition of liability under the section shall not be deemed a conviction as an operator and shall not be made part of the operating record of whom such liability is imposed.

(6) Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of divisions (c)(1) or (c)(2) above.

(7) This section shall not apply to violations involving vehicle collisions.

(d) Penalty; administrative appeal.

(1) Any violation of division (c)(1) above shall be deemed a noncriminal violation for which a civil penalty of $105 shall be assessed and for which no points authorized by R.C. § 4510.036 (point system for license suspension) shall be assigned to the owner or driver of the vehicle.

(2) Any violation of division (c)(2) above shall be deemed a noncriminal violation for which a civil penalty of $95 shall be assessed and for which no points authorized by R.C. § 4510.036 (point system for license suspension) shall be assigned to the owner or driver of the vehicle.

(3) The city may establish procedures for the collection of the civil penalties imposed herein, and may enforce the penalties by a civil action in the nature of a debt.

(4) A notice of appeal shall be filed with the Hearing Officer within 21 days from the date listed on the “notice of liability”. The failure to give notice of appeal or pay the civil penalty within this time period shall constitute a waiver of the right to contest the citation and will be considered an admission. Appeals shall be heard through an administrative process established by the city. A decision in favor of the city may be enforced by means of a civil action or any other means provided by the Ohio Revised Code.

(Ord. 07-06, passed 2-8-2006; Ord. 07-18, passed 5-31-2018)

§ 313.02 THROUGH STREETS; STOP AND YIELD RIGHT-OF-WAY SIGNS.

(a) All state routes are hereby designated as through streets or highways, provided that stop signs, yield signs or traffic-control signals shall be erected at all intersections with such through streets or highways, except as otherwise provided in this section. Where two or more state routes that are through streets or highways intersect and no traffic- control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto by the state’s Department of Transportation, except as otherwise provided in this section.

(b) Whenever the state’s Director of Transportation determines on the basis of an engineering and traffic investigation that stop signs are necessary to stop traffic on a through highway for safe and efficient operation, nothing in this section shall be construed to prevent such installations. When circumstances warrant, the Director also may omit stop signs on roadways intersecting through highways under his or her jurisdiction. Before the Director either installs or removes a stop sign under this division (b), he or she shall give notice, in writing, of that proposed action to the municipality at least 30 days before installing or removing the stop sign.

(c) Other streets or highways or portions thereof, are hereby designated through streets or highways, if they are within the municipality, if they have a continuous length of more than one mile between the limits of such street or highway or portion thereof, and if they have “stop” or “yield” signs or traffic-control signals at the entrances of the majority of intersecting streets or highways. For purposes of this section, the limits of such street or highway or portion thereof, shall be a municipal corporation line, the physical terminus of the street or highway or any point on such street or highway at which vehicular traffic thereon is required by regulatory signs to stop or yield to traffic on the intersecting street, provided that in residence districts the municipality may by ordinance designate such street or highway, or portion thereof, not to be a through highway and thereafter the affected residence district shall be indicated by official traffic-control devices. Where two or more streets or highways designated under this division (c) intersect and no traffic-control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto by the state’s Department of Transportation or by Council or the authorized local authority, except as otherwise provided in this section.

(d) Stop signs need not be erected at intersections so constructed as to permit traffic to safely enter a through street or highway without coming to a stop. Signs shall be erected at such intersections indicating that the operator of a vehicle shall yield the right-of-way to or merge with all traffic proceeding on the through street or highway.

(e) The City Council hereby designates additional through streets as follows, and shall erect stop or yield signs in all streets intersecting such through streets unless traffic-control signals have been placed at such intersections: Euclid Avenue from southerly to northeasterly corporate limits; Superior Road from Euclid Avenue to easterly corporate limits; Superior Avenue from Euclid Avenue to westerly corporate limits; Forest Hills Boulevard from Euclid Avenue to easterly corporate limits, except at Lee Boulevard; Lee Boulevard from Euclid Avenue to southerly corporate limits, except northbound traffic shall stop at Glynn Road; Coit Avenue from Euclid to Elm Avenues; East 152nd Street from Coit Avenue to northerly corporate limits; Noble Road from East 152nd Street to southerly corporate limits, except at Euclid Avenue; Belvoir Boulevard from northerly to easterly corporate limits, except at Hillsboro Road; Hillsboro Road from Euclid Avenue to Belvoir Boulevard; Northvale Boulevard from Forest Hills Boulevard to easterly corporate limits, except westbound traffic shall yield to Forest Hills Boulevard traffic; and Ivanhoe Road from Euclid Avenue to northwesterly corporate limits.

(f) Eddy Road from Euclid Avenue to northerly corporate limits is hereby designated to be a non-through street.

(Ord. 6878, passed 7-20-1976; Ord. 7413, passed 5-20-1980)

§ 313.03 TRAFFIC-CONTROL SIGNAL TERMS AND LIGHTS.

Highway traffic signal indications for vehicles and pedestrians shall have the following meanings:

(a) Steady green signal indication.

(1) A. Vehicular traffic facing a circular green signal indication are permitted to proceed straight through or turn right or left or make a u-turn movement except as such movement is modified by a lane-use sign, turn prohibition sign, lane marking, roadway design, separate turn signal indication, or other traffic-control device. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:

1. Pedestrians lawfully within an associated crosswalk;

2. Other vehicles lawfully within the intersection.

B. In addition, vehicular traffic turning left or making a u-turn movement to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.

(2) Vehicular traffic facing a green arrow signal indication, displayed alone or in combination with another signal indication, are permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u- turn movement, shall yield the right-of-way to both of the following:

A. Pedestrians lawfully within an associated crosswalk;

B. Other traffic lawfully using the intersection.

(3) A. Unless otherwise directed by a pedestrian signal indication, as provided in R.C. § 4511.14, pedestrians facing a circular green signal indication are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection or so close as to create an immediate hazard at the time that the green signal indication is first displayed.

B. Pedestrians facing a green arrow signal indication, unless otherwise directed by a pedestrian signal indication or other traffic-control device, shall not cross the roadway.

(b) Steady yellow signal indication.

(1) Vehicular traffic facing a steady circular yellow signal indication are thereby warned that the related green movement or the related flashing arrow movement is being terminated or that a steady red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady circular yellow signal indication is displayed.

(2) Vehicular traffic facing a steady yellow arrow signal indication is thereby warned that the related green arrow movement or the related flashing arrow movement is being terminated. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady yellow arrow signal indication is displayed.

(3) Pedestrians facing a steady circular yellow or yellow arrow signal indication, unless otherwise directed by a pedestrian signal indication as provided in R.C. § 4511.14 or other traffic-control device, shall not start to cross the roadway.

(1) A. Vehicular traffic facing a steady circular red signal indication, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal indication to proceed is displayed except as provided in divisions (c)(1), (c)(2), and (c)(3) of this section.

B. Except when a traffic-control device is in place prohibiting a turn on red or a steady red arrow signal indication is displayed, vehicular traffic facing a steady circular red signal indication is permitted, after stopping, to enter the intersection to turn right, or to turn left from a one-way street into a one-way street. The right to proceed with the turn shall be subject to the provisions that are applicable after making a stop at a stop sign.

(2) A. Vehicular traffic facing a steady red arrow signal indication shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal indication or other traffic-control device permitting the movement indicated by such red arrow is displayed.

B. When a traffic-control device is in place permitting a turn on a steady red arrow signal indication, vehicular traffic facing a steady red arrow indication is permitted, after stopping, to enter the intersection to turn right, or to turn left from a one- way street into a one-way street. The right to proceed with the turn shall be limited to the direction indicated by the arrow and shall be subject to the provisions that are applicable after making a stop at a stop sign.

(3) Unless otherwise directed by a pedestrian signal indication as provided in R.C. § 4511.14 or other traffic-control device, pedestrians facing a steady circular red or steady red arrow signal indication shall not enter the roadway.

(4) Local authorities by ordinance, or the Director of Transportation on state highways, may prohibit a right or a left turn against a steady red signal at any intersection, which shall be effective when signs giving notice thereof are posted at the intersection.

(d) Flashing green signal indication. A flashing green signal indication has no meaning and shall not be used.

(e) Flashing yellow signal indication.

(1) A. Vehicular traffic, on an approach to an intersection, facing a flashing circular yellow signal indication, is permitted to cautiously enter the intersection to proceed straight through or turn right or left or make a u-turn movement except as such movement is modified by lane-use signs, turn prohibition signs, lane markings, roadway design, separate turn signal indications, or other traffic- control devices. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:

1. Pedestrians lawfully within an associated crosswalk;

2. Other vehicles lawfully within the intersection.

B. In addition, vehicular traffic turning left or making a u-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.

(2) A. Vehicular traffic, on an approach to an intersection, facing a flashing yellow arrow signal indication, displayed alone or in combination with another signal indication, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or other such movement as is permitted by other signal indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u-turn, shall yield the right-of-way to both of the following:

1. Pedestrians lawfully within an associated crosswalk;

2. Other vehicles lawfully within the intersection.

(3) Pedestrians facing any flashing yellow signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic-control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right- of-way to vehicles lawfully within the intersection at the time that the flashing yellow signal indication is first displayed.

(4) When a flashing circular yellow signal indication is displayed as a beacon to supplement another traffic-control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory or warning requirements of the other traffic-control device, which might not be applicable at all times, are currently applicable.

(f) Flashing red signal indication.

(1) Vehicular traffic, on an approach to an intersection, facing a flashing circular red signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the provisions that are applicable after making a stop at a stop sign.

(2) Pedestrians facing any flashing red signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic-control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right- of-way to vehicles lawfully within the intersection at the time that the flashing red signal indication is first displayed.

(3) When a flashing circular red signal indication is displayed as a beacon to supplement another traffic-control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory requirements of the other traffic-control device, which might not be applicable at all times, are currently applicable. Use of this signal indication shall be limited to supplementing stop, do not enter, or wrong way signs, and to applications where compliance with the supplemented traffic-control device requires a stop at a designated point.

(g) Traffic signal at location other than an intersection. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

(h) Exception. This section does not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by R.C. §§ 4511.61 and 4511.62.

(R.C. § 4511.13)

§ 313.04 LANE-USE CONTROL SIGNALS OVER INDIVIDUAL LANES.

The meanings of lane-use control signal indications are as follows:

(a) A steady downward green arrow. A road user is permitted to drive in the lane over which the arrow signal indication is located.

(b) A steady yellow “x”. A road user is to prepare to vacate the lane over which the signal indication is located because a lane control change is being made to a steady red “x” signal indication.

(c) A steady white two-way left-turn arrow. A road user is permitted to use a lane over which the signal indication is located for a left turn, but not for through travel, with the understanding that common use of the lane by oncoming road users for left turns also is permitted.

(d) A steady white one-way left-turn arrow. A road user is permitted to use a lane over which the signal indication is located for a left turn, without opposing turns in the same lane, but not for through travel.

(e) A steady red “x”. A road user is not permitted to use the lane over which the signal indication is located and that this signal indication shall modify accordingly the meaning of other traffic controls present.

(R.C. § 4511.131)

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