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(a) No person, unless otherwise directed by a police officer, shall:
(1) As a pedestrian, occupy any space within the limits of the right-of-way of a freeway, except: in a rest area; on a facility that is separated from the roadway and shoulders of the freeway and is designed and appropriately marked for pedestrian use; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle; or to obtain assistance.
(2) Occupy any space within the limits of the right-of-way of a freeway, with: an animal-drawn vehicle; a ridden or led animal; herded animals; a pushcart; a bicycle, except on a facility that is separated from the roadway and shoulders of the freeway and is designed and appropriately marked for bicycle use; an electric bicycle; a bicycle with motor attached; a motor- driven cycle with a motor which produces not to exceed five brake horsepower; an agricultural tractor; farm machinery; except in the performance of public works or official duties.
(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 § 303.99(b).
(R.C. § 4511.051)
The provisions of this Traffic Code applicable to the drivers of vehicles shall apply to the drivers of all vehicles owned or operated by the United States, any state or any political subdivision thereof, including this Municipality, except as may be otherwise provided by law and subject to such specific exceptions as are set forth with reference to authorized emergency and public safety vehicles.
(a) Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:
(1) When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations;
(Ord. 81-252. Passed 10-19-81.)
(2) When any motor vehicle, including an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, is left on private residential property, as defined in Ohio R.C. 4513.60, or on private agricultural property, for at least four consecutive hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for 48 consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place, except that when such a motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately;
When a person causes a motor vehicle to be towed, under this subsection, the responsibility for the towing and the cost for the towing shall be borne by the owner of such vehicle.
When the owner or person having control of the property causes a motor vehicle to be towed under this subsection, such person must notify the Police Division of the tow and of the license number of the motor vehicle being removed.
(Adopting Ordinance)
(3) When any vehicle has been stolen or operated without the consent of the owner;
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
(5) When any vehicle has been used in or connected with the commission of a felony;
(6) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code whereby its continued operation would constitute a condition hazardous to life, limb or property;
(7) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(9) When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked;
(10) When any vehicle is found for which two or more citation tags for violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
(11) When any vehicle has been parked for more than one hour in excess of the time allowed for parking.
(12) When any vehicle lack equipment required by law.
(13) When any vehicle is left unattended upon any City parking lot under contract parking only.
(14) When any vehicle is left unattended upon any sidewalk and is so illegally parked as to constitute a hazard or obstruction to the normal movement of pedestrian traffic or to interfere with the movement to and from emergency, fire or other exits of any building.
(b) The Division of Police shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Division of Police to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(c) No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which has been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima facie evidence that it was so removed by the owner or operator.
(d) The Safety Service Director, or the designee of the Safety Service Director, is authorized to provide for the removal and impounding of a nuisance motor vehicle as provided in Section 521.10, four days after the posting on the vehicle of the notice required by Section 521.10(b)(2). The cost for the towing shall be borne by the owner of such vehicle or the owner of the premises from which any such vehicle is removed. The Police Division shall be notified of the tow and of the license number of the motor vehicle being removed.
(e) Whoever violates this section is guilty of a minor misdemeanor and shall also be assessed any cost incurred by the Municipality in disposing of such abandoned junk motor vehicle or nuisance motor vehicle, less any money accruing to the Municipality from disposal.
(Ord. 81-252. Passed 10-19-81; Ord. 2004-153. Passed 10-13-04.)
(a) No person shall leave any vehicle or an "abandoned junk motor vehicle," as defined in Ohio R.C. 4513.63, on private property without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purpose of vehicular travel or parking, or upon or within the right-of-way of any road or highway, without notification to the Police Chief of the reason for leaving the vehicle in such place.
(b) No person shall leave any motor vehicle deemed a nuisance motor vehicle as provided in Section 521.10 on private property for more than three days without being stored within an enclosed garage or obscured from public view.
(c) For purposes of this section, the fact that a vehicle has been left without permission or notification is prima facie evidence of abandonment. For purposes of this section, the fact that a vehicle is deemed a nuisance motor vehicle as provided in Section 521.10 is prima facie evidence of abandonment. Nothing contained in this section shall invalidate the provisions of other ordinances regulating to prohibiting the abandonment of motor vehicles on streets, highways, public property or private property within the Municipality.
(d) Whoever violates this section is guilty of a minor misdemeanor and shall also be assessed any cost incurred by the Municipality in disposing of such abandoned junk motor vehicle or nuisance motor vehicle, less any money accruing to the Municipality from disposal.
(Ord. 2004-153. Passed 10-13-04.)
(a) (1) For purposes of this section, "junk motor vehicle" means any motor vehicle which is three years old or older; extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, motor, or transmission; apparently inoperable; and having a fair market value of one thousand five hundred dollars ($1,500.00) or less, that is left uncovered in the open on private property for more than 72 hours with the permission of the person having the right to possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under the authority of Ohio R.C. 4737.05 through 4737.12, or otherwise regulated under authority of a political subdivision; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation; or if the motor vehicle is a collector's vehicle.
(2) The Municipality shall not prevent a person from storing or keeping, or restrict him or her in the method of storing or keeping, any collector's vehicle on private property with the permission of the person having the right to the possession of the property, except that the Municipality may require a person having such permission to conceal, by means of buildings, fences, vegetation, terrain, or other suitable obstruction, any unlicensed collector's vehicle stored in the open.
(3) The chief of a law enforcement agency in the municipal corporation, a state highway patrol trooper, the Legislative Authority, or the zoning authority may send notice, by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
(4) No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima facie evidence of willful failure to comply with the notice, and each subsequent period of 30 days that a junk motor vehicle continues to be so left constitutes a separate offense.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.65)
(a) No person shall knowingly present, display, or orally communicate a false name, social security number, or date of birth to a law enforcement officer who is in the process of issuing to the person a traffic ticket or complaint.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4513.361)
(a) Whoever violates any provision of this traffic code for which no penalty otherwise is provided in the section violated is guilty of one of the following:
(1) Except as otherwise provided in division (a)(2) or (a)(3) of this section, a minor misdemeanor;
(2) 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, a misdemeanor of the fourth degree;
(3) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.
(R.C. § 4511.99)
(b) Violations committed while distracted.
(1) As used in this section and each section referenced in division (b)(2) of this section, all of the following apply:
A. “Distracted” means doing either of the following while operating a vehicle:
1. Using an electronic wireless communications device, as defined in R.C. § 4511.204, in violation of that section.
2. Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
B. “Distracted” does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of R.C. § 4511.84, or any substantially equivalent municipal ordinance.
C. “Distracted” does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage, or a circumstance affecting the health or safety of individuals. As used in this division (b)(1)C.:
1. “Utility” means an entity specified in R.C. § 4905.03(A), (C), (D), (E), or (G).
2. “Utility service vehicle” means a vehicle owned or operated by a utility.
(2) If an offender violates R.C. § 4511.03, 4511.051, 4511.12, 4511.121, 4511.132, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, or 4511.73, or any substantially equivalent municipal ordinance, while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding R.C. § 2929.28, is subject to an additional fine of not more than $100 as follows:
A. 1. Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of the Ohio Revised Code, or any substantially equivalent municipal ordinance, that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation, or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of $100.
2. In lieu of payment of the additional fine of $100, the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Ohio Director of Public Safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of $100, so long as the offender submits to the court both the offender’s payment in full and such written evidence.
B. 1. If the offender appears in person to contest the ticket, citation, or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than $100.
2. If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than $100, the court shall inform the offender that, in lieu of payment of the additional fine of not more than $100, the offender instead may elect to attend the distracted driving safety course described in division (b)(2)A. of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than $100, so long as the offender submits to the court the offender’s payment and such written evidence.
(3) If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the sections of the Revised Code listed in division (b)(2) of this section that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the officer shall do both of the following:
A. Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;
B. Ensure that such report indicates the offender’s race.
(R.C. § 4511.991)
(c) Penalties. Whoever is convicted of or pleads guilty to a misdemeanor, or minor misdemeanor shall be sentenced in accordance with Section 501.99.
(d) Suspension of Driver’s License. Except as otherwise provided in Ohio R.C. 4510.07 or in any other provision of the Revised Code, whenever an offender is convicted of or pleads guilty to a violation of any provision of this Traffic Code that is substantially equivalent to a provision of the Revised Code, and a court is permitted or required to suspend a person’s driver’s or commercial driver’s license or permit for a violation of that provision, a court, in addition to any other penalties authorized by law, may suspend the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege for the period of time the court determines appropriate, but the period of suspension imposed for the violation of the provision of this Traffic Code shall not exceed the period of suspension that is permitted or required to be imposed for the violation of the provision of the Revised Code to which the provision of this Traffic Code is substantially equivalent.
(ORC 4510.05) (Ord. 2004-14. Passed 2-17-04.)