Loading...
(a) No person shall operate a vehicle across public or private property for the purpose of avoiding compliance with a traffic control device.
(b) It shall be prima facie evidence of a violation of this section for the operator of a vehicle to cross public or private property, as provided herein, without using the service of such property or stopping the engine, or both.
(Ord. 97-283. Passed 11-17-97.)
(a) No person shall operate a motor vehicle on any street, highway, or property open to the public for vehicular traffic while using, holding, or physically supporting with any part of the person’s body an electronic wireless communications device.
(b) Division (a) of this section does not apply to any of the following:
(1) A person using an electronic wireless communications device to make contact, for emergency purposes, with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
(2) A person driving a public safety vehicle while using an electronic wireless communications device in the course of the person’s duties;
(3) A person using an electronic wireless communications device when the person’s motor vehicle is in a stationary position and is outside a lane of travel, at a traffic control signal that is currently directing traffic to stop, or parked on a road or highway due to an emergency or road closure;
(4) A person using and holding an electronic wireless communications device directly near the person’s ear for the purpose of making, receiving, or conducting a telephone call, provided that the person does not manually enter letters, numbers, or symbols into the device;
(5) A person receiving wireless messages on an electronic wireless communications device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle, provided that the person does not hold or support the device with any part of the person’s body;
(6) A person using the speaker phone function of the electronic wireless communications device, provided that the person does not hold or support the device with any part of the person’s body;
(7) A person using an electronic wireless communications device for navigation purposes, provided that the person does not do either of the following during the use:
A. Manually enter letters, numbers, or symbols into the device;
B. Hold or support the device with any part of the person’s body;
(8) A person using a feature or function of the electronic wireless communications device with a single touch or single swipe, provided that the person does not do either of the following during the use:
A. Manually enter letters, numbers, or symbols into the device;
B. Hold or support the device with any part of the person’s body;
(9) A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
(10) A person operating a utility service vehicle or a vehicle for or on behalf of a utility, if the person is acting in response to an emergency, power outage, or circumstance that affects the health or safety of individuals;
(11) A person using an electronic wireless communications device in conjunction with a voice-operated or hands-free feature or function of the vehicle or of the device without the use of either hand except to activate, deactivate, or initiate the feature or function with a single touch or swipe, provided the person does not hold or support the device with any part of the person’s body;
(12) A person using technology that physically or electronically integrates the device into the motor vehicle, provided that the person does not do either of the following during the use:
A. Manually enter letters, numbers, or symbols into the device;
B. Hold or support the device with any part of the person’s body.
(13) A person storing an electronic wireless communications device in a holster, harness, or article of clothing on the person’s body.
(c) If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of division (a) of this section, the officer shall do both of the following:
(1) Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;
(2) Ensure that such report indicates the offender’s race.
(d) Whoever violates division (a) of this section is guilty of operating a motor vehicle while using an electronic wireless communication device, an unclassified misdemeanor, and shall be punished as provided in divisions (d)(1) to (d)(5) of this section.
(1) The offender shall be fined, and is subject to a suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, as follows:
A. Except as provided in divisions (d)(1)B., (d)(1)C., (d)(1)D., and (d)(2) of this section, the court shall impose upon the offender a fine of not more than $150.
B. If, within two years of the violation, the offender has been convicted of or pleaded guilty to one prior violation of this section, R.C. § 4511.204, or a substantially equivalent municipal ordinance, the court shall impose upon the offender a fine of not more than $250.
C. If, within two years of the violation, the offender has been convicted of or pleaded guilty to two or more prior violations of this section, R.C. § 4511.204, or a substantially equivalent or municipal ordinance, the court shall impose upon the offender a fine of not more than $500. The court also may impose a suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege for 90 days.
D. Notwithstanding divisions (d)(1)A. to (d)(1)C. of this section, if the offender was operating the motor vehicle at the time of the violation in a construction zone where a sign was posted in accordance with 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 amount imposed for the violation under division (d)(1)A., (d)(1)B., or (d)(1)C. of this section, as applicable.
(2) If the offender is in the category of offenders to whom division (d)(1)A. of this section applies, in lieu of payment of the fine of $150 under division (d)(1)A. of this section and the assessment of points under division (d)(4) of this section, the offender instead may elect to attend the distracted driving safety course, as described in R.C. § 4511.991. 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 not be required to pay the fine and shall not have the points assessed against that offender’s driver’s license if the offender submits the written evidence to the court within 90 days of the violation of division (a) of this section. However, successful completion of the course does not result in a dismissal of the charges for the violation, and the violation is a prior offense under divisions (d)(1)B. and (d)(1)C. of this section if the offender commits a subsequent violation or violations of division (a) of this section within two years of the offense for which the course was completed. This division does not apply with respect to any offender in the category of offenders to whom division (d)(1)B., (d)(1)C., or (d)(1)D. of this section applies.
(3) The court may impose any other penalty authorized under R.C. §§ 2929.21 to 2929.28. However, the court shall not impose a fine or a suspension not otherwise specified in division (d)(1) of this section. The court also shall not impose a jail term or community residential sanction.
(4) Except as provided in division (d)(2) of this section, points shall be assessed for a violation of division (a) of this section in accordance with R.C. § 4510.036.
(5) The offense established under this section is a strict liability offense and R.C. § 2901.20 does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(e) A prosecution for an offense in violation of this section does not preclude a prosecution for an offense in violation of R.C. § 4511.204 based on the same conduct. However, the two offenses are allied offenses of similar import under R.C. § 2941.25.
(f) (1) A law enforcement officer does not have probable cause and shall not stop the operator of a motor vehicle for purposes of enforcing this section unless the officer visually observes the operator using, holding, or physically supporting with any part of the person’s body the electronic wireless communications device.
(2) A law enforcement officer who stops the operator of a motor vehicle for a violation of division (a) of this section shall inform the operator that the operator may decline a search of the operator’s electronic wireless communications device. The officer shall not do any of the following:
A. Access the device without a warrant, unless the operator voluntarily and unequivocally gives consent for the officer to access the device;
B. Confiscate the device while awaiting the issuance of a warrant to access the device;
C. Obtain consent from the operator to access the device through coercion or any other improper means. Any consent by the operator to access the device shall be voluntary and unequivocal before the officer may access the device without a warrant.
(g) As used in this section:
(1) “Electronic wireless communications device.”
A. Includes any of the following:
1. A wireless telephone;
2. A text-messaging device;
3. A personal digital assistant;
4. A computer, including a laptop computer and a computer tablet;
5. Any device capable of displaying a video, movie, broadcast television image, or visual image;
6. Any other substantially similar wireless device that is designed or used to communicate text, initiate or receive communication, or exchange information or data.
B. An “electronic wireless communications device” does not include a two-way radio transmitter or receiver used by a person who is licensed by the federal communications commission to participate in the amateur radio service.
(2) “Utility.” An entity specified in R.C. § 4905.03(A), (C), (D), (E), or (G).
(3) “Utility service vehicle.” A vehicle owned or operated by a utility.
(4) “Voice-operated or hands-free feature or function.” A feature or function that allows a person to use an electronic wireless communications device without the use of either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.
(R.C. § 4511.204)
Statutory reference:
No preemption for local regulations imposing greater penalties, see Ohio R.C. 4511.204(E)
(a) No holder of a temporary instruction permit who has not attained the age of 18 years and no holder of a probationary driver's license shall drive a motor vehicle on any street, highway, or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device.
(b) Division (a) of this section does not apply to either of the following:
(1) A person using an electronic wireless communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
(2) A person using an electronic wireless communications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel;
(3) A person using a navigation device in a voice-operated or hands-free manner who does not manipulate the device while driving.
(c) (1) Except as provided in division (c)(2) of this section, whoever violates division (a) of this section shall be fined one hundred fifty dollars ($150.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of 60 days.
(2) If the person previously has been adjudicated a delinquent child or a juvenile traffic offender for a violation of this section, whoever violates this section shall be fined three hundred dollars ($300.00). In addition, the court shall impose a class seven suspension of the person’s driver’s license or permit for a definite period of one year.
(d) The filing of a sworn complaint against a person for a violation of this section does not preclude the filing of a sworn complaint for a violation of R.C. § 4511.205 for the same conduct. However, if a person is adjudicated a delinquent child or a juvenile traffic offender for a violation of this section and is also adjudicated a delinquent child or a juvenile traffic offender for a violation of R.C. § 4511.205 for the same conduct, the two offenses are allied offenses of similar import under R.C. § 2941.25.
(e) As used in this section, “electronic wireless communications device” includes any of the following:
(1) A wireless telephone;
(2) A personal digital assistant;
(3) A computer, including a laptop computer and a computer tablet;
(4) A text-messaging device;
(5) Any other substantially similar electronic wireless device that is designed or used to communicate via voice, image, or written word.
(ORC 4511.205)
(a) (1) No person shall operate a low-speed vehicle upon any street or highway having an established speed limit greater than 35 miles per hour.
(2) No person shall operate an under-speed or utility vehicle or a mini-truck upon any street or highway except as follows:
A. Upon a street or highway having an established speed limit not greater than 35 miles per hour and only upon such streets or highways where the municipality has granted permission for such operation in accordance with division (e) of this section;
B. A state park or political subdivision employee or volunteer operating a utility vehicle exclusively within the boundaries of state parks or political subdivision parks for the operation or maintenance of state or political subdivision park facilities.
(3) No person shall operate a motor-driven cycle or motor scooter upon any street or highway having an established speed limit greater than 45 miles per hour.
(b) This section does not prohibit either of the following:
(1) A person operating a low-speed, under-speed, or utility vehicle or a mini-truck from proceeding across an intersection of a street or highway having a speed limit greater than 35 miles per hour;
(2) A person operating a motor-driven cycle or motor scooter from proceeding across an intersection of a street or highway having a speed limit greater than 45 miles per hour.
(c) Nothing in this section shall prevent the municipality from adopting more stringent local ordinances, resolutions, or regulations governing the operation of a low-speed vehicle or a mini-truck, or a motor-driven cycle or motor scooter.
(d) 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 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 4511.214)
(e) By ordinance or resolution, the municipality may authorize the operation of under- speed or utility vehicles or mini-trucks on a public street or highway under its jurisdiction. The municipality that authorizes said operation shall do all of the following:
(1) Limit the operation of those vehicles to streets and highways having an established speed limit not greater than 35 miles per hour;
(2) Require the vehicle owner who wishes to operate an under-speed or utility vehicle or a mini-truck on the public streets or highways to submit the vehicle to an inspection conducted by a local law enforcement agency that complies with inspection requirements established by the Department of Public Safety under Ohio R.C. 4513.02;
(3) Permit the operation on public streets or highways of only those vehicles that successfully pass the required vehicle inspection, are registered in accordance with Ohio R.C. Chapter 4503, and are titled in accordance with Ohio R.C. Chapter 4505;
(4) Notify the Director of Public Safety, in a manner the Director determines, of the authorization for the operation of under-speed or utility vehicles or mini-trucks.
(f) The municipality may establish additional requirements for the operation of under-speed or utility vehicles or mini-trucks on its streets and highways.
(ORC 4511.215)
(g) Notwithstanding divisions (a) through (f) of this section, a person may operate a utility vehicle on any public roads or right-of-way, other than a freeway, when traveling from one farm field to another for agricultural purposes if the vehicle is displaying a triangular slow- moving vehicle emblem as described in R.C. § 4513.112.
(R.C. § 4511.216)
(h) (1) Except as provided in this division (h) and divisions (e) and (f) of this section, no person shall operate a mini-truck within this municipality.
(2) A person may operate a mini-truck on a farm for agricultural purposes only when the owner of the farm qualifies for the current agricultural use valuation tax credit. A mini-truck may be operated by or on behalf of such a farm owner on public roads and rights-of- way only when traveling from one farm field to another.
(3) A person may operate a mini-truck on property owned or leased by a dealer who sells mini-trucks at retail.
(4) Whoever violates this division (h) shall be penalized as provided in division (d) of this section.
(ORC 4519.401)