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(a) No person shall operate a vehicle on any street or highway without due regard for the safety of persons or property.
(b) No person shall operate a vehicle on any public or private property other than streets or highways, without due regard for the safety of persons or property.
This subsection does not apply to the competitive operation of vehicles on public or private property when the owner of such property knowingly permits such operation thereon.
(Ord. 42-95. Passed 11-6-95.)
(Ord. 42-95. Passed 11-6-95.)
(a) (1) In the case of a motor vehicle accident or collision with persons or property on a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, immediately shall stop the operator’s motor vehicle at the scene of the accident or collision. The operator shall remain at the scene of the accident or collision until the operator has given the operator’s name and address and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, to all of the following:
A. Any person injured in the accident or collision;
B. The operator, occupant, owner or attendant of any motor vehicle damaged in the accident or collision;
C. The police officer at the scene of the accident or collision.
(2) In the event an injured person is unable to comprehend and record the information required to be given under subsection (a)(1) of this section, the other operator involved in the accident or collision shall notify the nearest police authority concerning the location of the accident or collision, and the operator’s name, address and the registered number of the motor vehicle the operator was operating. The operator shall remain at the scene of the accident or collision until a police officer arrives, unless removed from the scene by an emergency vehicle operated by a political subdivision or an ambulance.
(3) If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.
(b) (1) Whoever violates subsection (a) of this section is guilty of failure to stop after an accident. Except as otherwise provided in subsection (b)(2) or (3) of this section, failure to stop after an accident is a misdemeanor of the first degree.
(2) If the accident or collision results in serious physical harm to a person, failure to stop after an accident is a felony and shall be prosecuted under appropriate State law.
(3) If the accident or collision results in the death of a person, failure to stop after an accident is a felony and shall be prosecuted under appropriate State law.
(4) In all cases, the court, in addition to any other penalties provided by law, shall impose upon the offender a class five 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 division (A)(5) of Ohio R.C. 4510.02. No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this subsection.
The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.18 or 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during or after committing the offense charged under this section.
(ORC 4549.02)
(a) No person shall operate a motor vehicle, agricultural tractor, or agricultural tractor that is towing, pulling, or otherwise drawing a unit of farm machinery on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, agricultural tractor or unit of farm machinery.
(b) Whoever violates this section is guilty of operating a motor vehicle or agricultural tractor without being in control of it, a minor misdemeanor.
(ORC 4511.202)
(ORC 4511.202)
(a) No person shall operate a motor vehicle 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.
(Ord. 22-88. Passed 5-2-88.)
(Ord. 22-88. Passed 5-2-88.)
(b) It is prima-facie lawful, in the absence of a lower limit declared pursuant to this section by the Ohio Director of Transportation or local authorities, for the operator of a motor vehicle, to operate the same at a speed not exceeding the following:
(1) Fifteen miles per hour on all alleys within the City;
(2) 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, except, that on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by subsection (b)(5) hereof, and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by subsection (b)(6) hereof;
(3) Twenty-five miles per hour in all other portions of the City, except on State routes, through streets and through highways outside business districts and alleys;
(4) Thirty-five miles per hour on all State routes or through streets and through highways within the City outside business districts, except as provided in subsection (b)(5) hereof, on Yellow Springs-Fairfield Road between State Route 235 and Roehner Drive;
(Ord. 7-01. Passed 2-5-01.)
(5) Fifty-five miles per hour on controlled-access highways and expressways within the City; and on Xenia Drive between the west right of way line of I-675 and the east corporation limit.
(Ord. 54-04. Passed 12-6-04.)
(6) Sixty-five miles per hour at all times on freeways with paved shoulders inside the City, except fifty-five miles per hour at all times for operators of trucks and commercial tractors weighing in excess of four tons empty weight and school buses;
(Ord. 7-01. Passed 2-5-01.)
(Ord. 7-01. Passed 2-5-01.)
(7) Forty-five miles per hour on Spangler Road between the north corporation limit and Yellow Springs-Fairfield Road; on Kauffman Avenue between Colonel Glenn Highway and Zink Road; on Colonel Glenn Highway between the west corporation limit and Old Yellow Springs Road; on Dayton-Yellow Springs Road between I-675 and Trebein Road; on Armstrong Road between the east corporation limit and Stoneybrook Trail; on Garland Avenue between the I-675 east right-of-way line and Trebein Road; on Trebein Road between the south corporation limit and the north corporation limit; and on North Fairfield Road between the south corporation limit and Colonel Glenn Highway; and on Yellow Springs-Fairfield Road between Roehner Drive and the east corporation limit; and on Broad Street from Vanderbilt Drive to the north corporation limit. (Ord. 42-18. Passed 9-17-18.)
(c) It is prima-facie unlawful for any person to exceed any of the speed limitations in any section of this Traffic Code, or any declared by the Ohio Director of Transportation or local authorities.
(d) 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.
(Ord. 65-88. Passed 12-5-88.)
(Ord. 65-88. Passed 12-5-88.)
(e) (1) A violation of any provision of this section is one of the following:
A. Except as otherwise provided in subsections (e)(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 this section or of any provision of Ohio R.C. 4511.21 or a municipal ordinance that is substantially similar to any provision of this section, 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 this section or of any provision of Ohio R.C. 4511.21 or a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor of the third degree.
(2) If the offender has not previously been convicted of or pleaded guilty to a violation of any provision of Ohio R.C. 4511.21 or of any provision of a municipal ordinance that is substantially similar to Ohio R.C. 4511.21 and operated a motor vehicle faster than thirty-five miles an hour in a business district of a municipal corporation, faster than fifty miles an hour in other portions of a municipal corporation, or faster than thirty- five 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.
(3) Notwithstanding subsection (e)(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)
(a) As used in this section, “street racing” means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds.
Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. The operation of two or more vehicles side by side either at speeds in excess of prima-facie lawful speeds established by Section 331.13 or rapidly accelerating from a common starting point to a speed in excess of such prima-facie lawful speeds shall be prima-facie evidence of street racing.
(b) No person shall participate in street racing upon any public road, street or highway in this Municipality.
(c) Whoever violates this section is guilty of street racing, a misdemeanor of the first degree. In addition to any other sanctions, the court shall suspend the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license or nonresident operating privilege for not less than thirty days or more than three years. No judge shall suspend the first thirty days of any suspension of an offender’s license, permit, or privilege imposed under this subsection.
(ORC 4511.251)
(ORC 4511.251)
(a) No person shall stop or operate a vehicle at such an unreasonably slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.
(b) Whenever, in accordance with Ohio R.C. 4511.22(B), the minimum speed limit of a controlled-access highway, expressway or freeway has been declared 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. No person shall operate a motor vehicle below the speed limits posted upon such signs except when necessary for safe operation or in compliance with law.
(c) In a case involving a violation of this section, the trier of fact, in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator.
(d) Except as otherwise provided in this subsection, 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.
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 4511.22)
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