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East Palestine Overview
East Palestine, OH Code of Ordinances
CODIFIED ORDINANCES OF EAST PALESTINE, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
PRELIMINARY UNIT
CHARTER OF THE MUNICIPALITY OF EAST PALESTINE
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
TITLE TWO - Administration, Enforcement and Penalties
TITLE FOUR - Public Ways and Traffic Control Devices
TITLE SIX - Operation and Vehicles
CHAPTER 432 Operation Generally
432.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
432.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.
432.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
432.04 OVERTAKING, PASSING TO RIGHT OF VEHICLE.
432.05 OVERTAKING, PASSING TO LEFT OF CENTERLINE.
432.06 DRIVING UPON LEFT SIDE OF ROADWAY.
432.07 HAZARDOUS OR NO PASSING ZONES.
432.08 DRIVING WITHIN LANES OR CONTINUOUS LINES OF TRAFFIC.
432.09 FOLLOWING TOO CLOSELY.
432.10 TURNING AT INTERSECTIONS.
432.11 “U” TURNS RESTRICTED.
432.12 STARTING AND BACKING VEHICLES.
432.13 SIGNALS BEFORE CHANGING COURSE, TURNING OR STOPPING.
432.14 HAND AND ARM SIGNALS.
432.15 RIGHT-OF-WAY AT INTERSECTIONS.
432.155 INTERSECTIONS AT WHICH TRAFFIC CONTROL SIGNALS FAIL OR MALFUNCTION.
432.16 RIGHT-OF-WAY WHEN TURNING LEFT.
432.17 OPERATION OF VEHICLE AT STOP AND YIELD SIGNS.
432.18 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP SIGNALS OR SIGNS.
432.19 RIGHT-OF-WAY OF PUBLIC SAFETY OR CORONER'S VEHICLE.
432.20 RIGHT-OF-WAY AT PRIVATE DRIVEWAY, ALLEY OR BUILDING.
432.205 STOP SIGNS ON PRIVATE ROADS AND DRIVEWAYS.
432.21 RIGHT-OF-WAY OF FUNERAL PROCESSION.
432.22 DRIVING UPON SIDEWALKS, TREE LAWNS OR CURBS.
432.23 DRIVER'S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS.
432.24 DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR.
432.25 FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY VEHICLES.
432.26 DRIVING OVER FIRE HOSE.
432.27 DRIVING THROUGH SAFETY ZONE.
432.28 ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS.
432.29 DRIVING UPON DIVIDED ROADWAYS.
432.30 STOPPING FOR SCHOOL BUS; ACTUATING VISUAL SIGNALS; DISCHARGING CHILDREN.
432.31 DRIVING ACROSS GRADE CROSSINGS.
432.32 STOPPING AT GRADE CROSSINGS.
432.33 SLOW-MOVING VEHICLES OR EQUIPMENT AT GRADE CROSSINGS.
432.34 OBSTRUCTING INTERSECTIONS, CROSSWALKS OR GRADE CROSSINGS.
432.35 “PEELING”; CRACKING EXHAUST NOISES.
432.36 SHORTCUTTING ACROSS PRIVATE PROPERTY.
432.37 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
432.38 WEAVING; FULL TIME AND ATTENTION.
432.39 OPERATION ON PATHS SET ASIDE FOR BICYCLES.
432.40 LITTERING FROM MOTOR VEHICLES.
432.41 USE OF EARPHONES WHILE DRIVING.
432.42 TEXTING WHILE DRIVING PROHIBITED.
432.43 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY MINORS OR PROBATIONARY DRIVERS WHILE DRIVING PROHIBITED.
432.99 PENALTY.
CHAPTER 434 OVI; Reckless Operation; Speed
CHAPTER 436 Licensing; Accidents
CHAPTER 438 Safety and Equipment
CHAPTER 440 Commercial and Heavy Vehicles
CHAPTER 442 Drivers of Commercial Vehicles
CHAPTER 444 Offenses Relating to Theft and Fraud
CHAPTER 446 Junk and Unlicensed Vehicles
Chapter 447 Under-Speed Vehicles, Golf Carts and Utility Vehicles
TITLE EIGHT - Parking
TITLE TEN - Bicycles, Motorcycles and Snowmobiles
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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   432.21   RIGHT-OF-WAY OF FUNERAL PROCESSION.
   (a)   As used in this section, “funeral procession” means two or more vehicles accompanying the cremated remains or the body of a deceased person in the daytime when each of the vehicles has its headlights lighted and is displaying a purple and white or an orange and white pennant attached to each vehicle in such a manner as to be clearly visible to traffic approaching from any direction.
   (b)   Excepting public safety vehicles proceeding in accordance with Ohio R.C. 4511.45 or a substantially similar municipal ordinance, or when directed otherwise by a police officer, pedestrians and the operators of all vehicles shall yield the right-of-way to each vehicle that is a part of a funeral procession. Whenever the lead vehicle in a funeral procession lawfully enters an intersection, the remainder of the vehicles in the procession may continue to follow the lead vehicle through the intersection, notwithstanding any traffic-control devices or right-of-way provisions of the Revised Code, provided that the operator of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian.
   (c)   No person shall operate any vehicle as a part of a funeral procession without having the headlights of the vehicle lighted and without displaying a purple and white or an orange and white pennant in such a manner as to be clearly visible to traffic approaching from any direction.
(Ord. 1786. Passed 1-14-74.)
   (d)   Except as otherwise provided in this division, whoever violates this section 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 this section 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 this section is guilty of a misdemeanor of the third degree.
   (e)   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 § 408.02(b).
(ORC 4511.451)
   432.22   DRIVING UPON SIDEWALKS, TREE LAWNS OR CURBS.
   (a)   (1)   No person shall drive any vehicle, other than a bicycle or an electric bicycle if the motor is not engaged, upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway.
      (2)   This prohibition does not apply to a law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, using an electric bicycle with the motor engaged while in the performance of the officer's duties.
      (3)   Nothing in this section shall be construed as prohibiting local authorities from regulating the operation of bicycles or electric bicycles, except that no local authority may require that bicycles or electric bicycles be operated on sidewalks.
   (b)   Except as otherwise provided in this division, whoever violates this section 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 this section 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 this section is guilty of a misdemeanor of the third degree.
   (c)   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 § 408.02(b).
(ORC 4511.711)
   (d)   No person shall drive a vehicle on a tree lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized.
   432.23   DRIVER'S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS.
   (a)   No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle, or to interfere with the driver's control over the driving mechanism of the vehicle.
   (b)   No passenger in a vehicle shall ride in a position as to interfere with the driver's view ahead or to the sides, or to interfere with the driver's control over the driving mechanism of the vehicle.
   (c)   No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
   (d)   Except as otherwise provided in this division, whoever violates this section 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 this section 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 this section is guilty of a misdemeanor of the third degree.
(ORC 4511.70)
   432.24   DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR.
   (a)   No person shall drive upon, along, or across a street or highway, or any part of a street or highway that has been closed in the process of its construction, reconstruction, or repair, and posted with appropriate signs by the authority having jurisdiction to close the highway.
(R.C. § 4511.71(A)) (Ord. 1786. Passed 1-14-74.)
   (b)   (1)   No person shall operate a vehicle on or onto a public street or highway that is temporarily covered by a rise in water level, including groundwater or an overflow of water, and that is clearly marked by a sign that specifies that the road is closed due to the rise in water level and that any person who uses the closed portion of the road may be fined up to $2,000.
      (2)   A person who is issued a citation for a violation of division (B)(1) of this section is not permitted to enter a written plea of guilty and waive the person’s right to contest the citation in court, but instead must appear in person in the proper court to answer the charge.
(R.C. § 4511.714(A), (B))
   (c)   (1)   A.   Except as otherwise provided in this division, whoever violates division (a) of this section 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) of this section 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) of this section is guilty of a misdemeanor of the third degree.
         B.   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 § 408.02(b).
(R.C. § 4511.71(B))
      (2)   A.   Whoever violates division (b) of this section is guilty of a minor misdemeanor.
         B.   In addition to the financial sanctions authorized or required under R.C. § 2929.28 and to any costs otherwise authorized or required under any provision of law, the court imposing the sentence upon an offender who is convicted of or pleads guilty to a violation of division (b) of this section shall order the offender to reimburse one or more rescuers for the cost any such rescuer incurred in rescuing the person, excluding any cost of transporting the rescued person to a hospital or other facility for treatment of injuries, up to a cumulative maximum of $2,000. If more than one rescuer was involved in the emergency response, the court shall allocate the reimbursement proportionately, according to the cost each rescuer incurred. A financial sanction imposed under this section is a judgment in favor of the rescuer and, subject to a determination of indigency under R.C. § 2929.28(B), a rescuer may collect the financial sanction in the same manner as provided in R.C. § 2929.28.
(R.C. § 4511.714(C))
   (d)   As used in this section:
      (1)   “Emergency medical service organization.” Has the same meanings as in R.C. § 9.60.
      (2)   “Firefighting agency.” Has the same meanings as in R.C. § 9.60.
      (3)   “Private fire company.” Has the same meanings as in R.C. § 9.60.
      (4)   “Rescuer.” Means a state agency, political subdivision, firefighting agency, private fire company, or emergency medical service organization.
(R.C. § 4511.714(D))
   432.25   FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY VEHICLES.
   (a)   The driver of any vehicle, other than an emergency vehicle or public safety vehicle on official business, shall not follow any emergency vehicle or public safety vehicle traveling in response to an alarm closer than 500 feet, or drive into or park the vehicle within the block where the fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a police officer or a firefighter.
(ORC 4511.72(A); Ord. 1786. Passed 1-14-74.)
   (b)   Except as otherwise provided in this division, whoever violates this section 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 this section 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 this section is guilty of a misdemeanor of the third degree.
   (c)   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 § 408.02(b).
(ORC 4511.72(B))
   432.26   DRIVING OVER FIRE HOSE.
   (a)   No vehicle shall, without the consent of the fire department official in command, be driven over any unprotected hose of a fire department, that is laid down on any street or private driveway to be used at any fire or alarm of fire.
(Ord. 1786. Passed 1-14-74.)
   (b)   Except as otherwise provided in this division, whoever violates this section 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 this section 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 this section is guilty of a misdemeanor of the third degree.
   (c)   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 § 408.02(b).
(ORC 4511.73)
   432.27   DRIVING THROUGH SAFETY ZONE.
   (a)   No vehicle shall at any time be driven through or within a safety zone.
(Ord. 1786. Passed 1-14-74.)
   (b)   Except as otherwise provided in this division, whoever violates this section 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 this section 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 this section is guilty of a misdemeanor of the third degree.
   (c)   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 § 408.02(b).
(ORC 4511.60)
   432.28   ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS.
   (a)   (1)   Upon a roadway designated and posted with signs for one-way traffic, a vehicle shall be driven only in the direction designated.
      (2)   A vehicle passing around a rotary traffic island shall be driven only to the right of the rotary traffic island.
(Ord. 1786. Passed 1-14-74.)
   (b)   Except as otherwise provided in this division, whoever violates this section 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 this section 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 this section is guilty of a misdemeanor of the third degree.
   (c)   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 § 408.02(b).
(ORC 4511.32)
   432.29   DRIVING UPON DIVIDED ROADWAYS.
   (a)   Whenever any highway has been divided into two roadways by an intervening space, or by a physical barrier, or a clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, and no vehicle shall be driven over, across, or within any dividing space, barrier, or section, except through an opening, crossover, or intersection established by public authority. This section does not prohibit the occupancy of the dividing space, barrier, or section for the purpose of an emergency stop, or in compliance with an order of a police officer.
(Ord. 1786. Passed 1-14-74.)
   (b)   Except as otherwise provided in this division, whoever violates this section 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 this section 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 this section is guilty of a misdemeanor of the third degree.
   (c)   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 § 408.02(b).
(ORC 4511.35)
   432.30   STOPPING FOR SCHOOL BUS; ACTUATING VISUAL SIGNALS; DISCHARGING CHILDREN.
   (a)   The driver of a vehicle, 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 feet from the front or rear of the school bus and shall not proceed until such 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 R.C. § 4511.771 or a substantially equivalent municipal ordinance, and an automatically extended stop warning sign of a type approved by the Ohio Department of Education and Workforce, 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 the Ohio Administrative Code.
   (c)   Where a highway has been divided into four 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 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 or Mayor may impose upon an offender who violates this section a class seven 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 Ohio R.C. 4510.02(A)(7). When a license is suspended under this section, the court or Mayor 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)   As used in this section:
      (1)   “Head start agency” has the same meaning as in Ohio R.C. 3301.32.
      (2)   “School bus.” 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 Ohio Department of Education and Workforce, is painted the color and displays the markings described in R.C. § 4511.77, and is equipped with amber and red visual signals meeting the requirements of R.C. § 4511.77, irrespective of whether or not the bus has 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.
         (R.C. § 4511.75)
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