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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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   432.33   SLOW-MOVING VEHICLES OR EQUIPMENT AT GRADE CROSSINGS.
   (a)   No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with divisions (a)(1) and (2) of this section.
      (1)   Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same, and while stopped, the person shall listen 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.
      (2)   No such crossing shall be made when warning is given by automatic signal, crossing gates, or a flagperson, or otherwise of the immediate approach of a railroad train or car.
   (b)   If the normal sustained speed of the vehicle, equipment, or structure is not more than three miles per hour, the person owning, operating, or moving the same shall also give notice of the intended crossing to a station agent or superintendent of the railroad, and a reasonable time shall be given to the railroad to provide proper protection for the crossing. Where the vehicles or equipment are being used in constructing or repairing a section of highway lying on both sides of a railroad grade crossing, and in this construction or repair it is necessary to repeatedly move the vehicles or equipment over the crossing, one daily notice specifying when the work will start and stating the hours during which it will be prosecuted is sufficient.
(Ord. 1786. Passed 1-14-74.)
   (c)   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.
   (d)   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 4511.64)
   432.34   OBSTRUCTING INTERSECTIONS, CROSSWALKS OR GRADE CROSSINGS.
   (a)   No driver shall enter an intersection or marked crosswalk, or drive onto any railroad grade crossing, unless there is sufficient space on the other side of the intersection, crosswalk, or grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding any traffic-control signal indication to proceed.
   (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 4511.712)
   432.35   “PEELING”; CRACKING EXHAUST NOISES.
   No person shall operate any motor vehicle, except when necessary for safe operation, or in compliance with law, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position, or in the shifting of gears while in motion, that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or that the rubber tires of such vehicle squeal or leave tire marks on the roadway, commonly known as “peeling.”
   432.36   SHORTCUTTING ACROSS PRIVATE PROPERTY.
   No operator of a motor vehicle shall enter upon private property for the sole purpose of driving across such property, between abutting streets or other public ways thereof. The failure to stop on such property in connection with or in furtherance of the objects of enterprise or activities being conducted on the property shall constitute prima facie evidence of the violation.
   432.37   ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
   No person shall drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority.
   432.38   WEAVING; FULL TIME AND ATTENTION.
   (a)   No person shall operate a motor vehicle or motorcycle upon any street or highway in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.
   (b)   No person shall operate a motor vehicle or motorcycle without giving his or her full time and attention to the operation of such vehicle.
   432.39   OPERATION ON PATHS SET ASIDE FOR BICYCLES.
   (a)   (1)   No person shall operate a motor vehicle, snowmobile, or all-purpose vehicle upon any path set aside for the exclusive use of bicycles, when an appropriate sign giving notice of such use is posted on the path.
      (2)   Nothing in this section shall be construed to affect any rule of the Director of Natural Resources governing the operation of motor vehicles, snowmobiles, all-purpose vehicles, and bicycles on lands under the Director's jurisdiction.
   (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 4511.713(A), (B))
   432.40   LITTERING FROM MOTOR VEHICLES.
   (a)   No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard, or deposit litter from any motor vehicle in operation upon any street, road, or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
   (b)   No operator of a motor vehicle in operation upon any street, road, or highway shall allow litter to be thrown, dropped, discarded, or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
   (c)   As used in this section, “litter” means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature.
(ORC 4511.82(A), (B), (D))
   (d)   Whoever violates division (a) or (b) of this section is guilty of a minor misdemeanor.
(ORC 4511.82(C))
   432.41   USE OF EARPHONES WHILE DRIVING.
   (a)   As used in this section:
      (1)   “Earphones.” Any device that covers all or a portion of both ears and that does either of the following:
         A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
         B.   Provides hearing protection.
         “Earphones” does not include speakers or other listening devices that are built into protective headgear.
      (2)   “Earplugs.” Any device that can be inserted into one or both ears and that does either of the following:
         A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
         B.   Provides hearing protection.
   (b)   No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.
   (c)   This section does not apply to:
      (1)   Any person wearing a hearing aid;
      (2)   Law enforcement personnel while on duty;
      (3)   Fire Department personnel and emergency medical service personnel while on duty;
      (4)   Any person engaged in the operation of equipment for use in the maintenance or repair of any highway;
      (5)   Any person engaged in the operation of refuse collection equipment;
      (6)   Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.
   (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.
(R.C. § 4511.84)
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