(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)