(a) No person shall operate a motor vehicle in and upon the streets and highways at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface and width of the street or highway and any other conditions, and no person shall drive any motor vehicle in and upon any street or highway at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead.
It is prima-facie lawful for the operator of a motor vehicle to operate the same at a speed not exceeding the following:
(1) Twenty miles per hour when passing a school building or the grounds thereof during school recess and while children are going to or leaving school during the opening or closing hours and when appropriate signs giving notice of the existence of the school are erected.
(2) Twenty-five miles per hour on all other streets and highways of the Municipality, except as follows:
A. Sixty miles per hour on the Lakeland Expressway (State Route 2).
B. Fifty miles per hour on State Route 91 from the south corporation line to Lake Shore Boulevard.
(Ord. 1996-202. Passed 9-10-96.)
(Ord. 1996-202. Passed 9-10-96.)
C. Thirty-five miles per hour on Lakeland Boulevard, Curtis Boulevard and Lost Nation Road.
(Ord. 2014-011. Passed 3-25-14.)
(Ord. 2014-011. Passed 3-25-14.)
D. Thirty-five miles per hour on all State routes outside business districts with the exception of those State routes hereinabove referred to. For the purpose of interpreting this section, Vine Street, (State Route 640) within the City, is determined to be a business district.
(b) It is prima-facie unlawful for any person to exceed any of the speed limitations in any section of this Traffic Code. In every charge of violation of this section the affidavit and warrant shall specify the time, place and the speed at which the defendant is alleged to have driven, and also, the speed which this section declares is prima-facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit him to bring the vehicle to a stop within the assured clear distance ahead, the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.
(c) Whenever, in accordance with Ohio R.C. 4511.21, the maximum prima-facie speed limitations as established herein have been altered, either higher or lower, and the appropriate signs giving notice have been erected as required, operators of motor vehicles shall be governed by the speed limitations set forth on such signs. It is prima-facie unlawful for any person to exceed the speed limits posted upon such signs.
(Ord. 1996-202. Passed 9-10-96.)
(d) (1) A violation of any provision of this section is one of the following:
A. Except as otherwise provided in subsections (d)(1)B., (1)C., (2) and (3) 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 any provision of Ohio R.C. 4511.21 or of any provision of a municipal ordinance that is substantially similar to any provision of Ohio R.C. 4511.21, 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 any provision of Ohio R.C. 4511.21 or of any provision of a municipal ordinance that is substantially similar to any provision of Ohio R.C. 4511.21, a misdemeanor of the third degree.
(2) If the offender operated a motor vehicle faster than 35 miles an hour in a business district of the municipality, faster than 50 miles an hour in other portions of the municipality, or faster than 35 miles an hour in a school zone during recess or while children are going to or leaving school during the school’s opening or closing hours, a misdemeanor of the fourth degree. This division does not apply if penalties may be imposed under division (d)(1)B. or (d)(1)C. of this section.
(3) Notwithstanding subsection (d)(1) of this section, if the offender operated a motor vehicle in a construction zone where a sign was then posted in accordance with Ohio R.C. 4511.98, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two times the usual amount imposed for the violation. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender if the offender alleges, in an affidavit filed with the court prior to the offender’s sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this subsection and if the court determines that the offender is an indigent person and unable to pay the fine.
(4) 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 Section 303.991 of the Traffic Code.
(ORC 4511.21)