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Fairborn Overview
Codified Ordinances of Fairborn, OH
Codified Ordinances of Fairborn, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
GENERAL INDEX
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
TITLE ONE - Administration
TITLE THREE - Streets and Traffic Control Signals
TITLE FIVE - Motor Vehicles
CHAPTER 331 Operation of Motor Vehicles
331.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE.
331.02 PHYSICAL CONTROL WHILE UNDER THE INFLUENCE.
331.03 ALCOHOL EVIDENCE; TESTS; IMMUNITY.
331.04 USE OF ILLEGAL LICENSE PLATES; TRANSFER OF REGISTRATION.
331.041 REGISTRATION WITHIN THIRTY DAYS OF RESIDENCY.
331.05 DISPLAY OF LICENSE PLATES OR VALIDATION STICKERS; REGISTRATION.
331.051 EXPIRED VALIDATION STICKERS AND LICENSE PLATES.
331.053 OPERATING WITHOUT DEALER OR MANUFACTURER LICENSE PLATES.
331.06 RESIDENT OPERATING WITH NUMBER ISSUED BY FOREIGN STATE.
331.061 OPERATING WITH NUMBER OF FORMER OWNER.
331.07 STOPPING AFTER ACCIDENT INVOLVING INJURY TO PERSONS OR PROPERTY.
331.08 STOPPING AFTER ACCIDENT INVOLVING DAMAGE TO REALTY.
331.09 OPERATION IN WILLFUL OR WANTON DISREGARD OF SAFETY.
331.10 RECKLESS OPERATION ON STREETS, PUBLIC OR PRIVATE PROPERTY.
331.101 STOPPING AFTER ACCIDENT UPON STREETS; COLLISION WITH UNATTENDED VEHICLE.
331.11 OPERATION WITHOUT REASONABLE CONTROL.
331.12 DRIVING UNDER SUSPENSION OR REVOCATION.
331.121 DRIVER'S LICENSE RESTRICTIONS.
331.13 SPEED LIMITS; ASSURED CLEAR DISTANCE AHEAD.
331.14 STREET RACING PROHIBITED.
331.15 STOPPING VEHICLE; SLOW SPEED; POSTED MINIMUM SPEEDS.
331.16 SPEED REGULATIONS OVER BRIDGES.
331.17 SPEED EXCEPTIONS FOR EMERGENCY AND SAFETY VEHICLES.
331.18 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
331.19 VEHICLES TO PASS TO RIGHT WHEN PASSING IN OPPOSITE DIRECTION.
331.20 RULES GOVERNING OVERTAKING AND PASSING OF VEHICLES.
331.21 OVERTAKING VEHICLES; PASSING TO RIGHT; LANES.
331.22 OVERTAKING VEHICLES LEFT OF CENTER.
331.23 DRIVING TO LEFT OF CENTER AT INTERSECTIONS, CURVES.
331.24 RULES FOR DRIVING IN MARKED LANES.
331.25 SPACE BETWEEN MOVING VEHICLES.
331.26 RULES FOR TURNS AT INTERSECTIONS.
331.27 "U" TURNS PROHIBITED.
331.28 RESTRICTIONS UPON TURNING AROUND IN STREET.
331.29 STARTING AND BACKING VEHICLES.
331.30 SIGNALS BEFORE STOPPING, TURNING OR CHANGING COURSE.
331.31 HAND AND ARM SIGNALS.
331.32 RIGHT OF WAY AT INTERSECTIONS.
331.33 RIGHT OF WAY WHEN TURNING LEFT.
331.34 RIGHT OF WAY AT THROUGH STREETS; STOP AND YIELD RIGHT OF WAY.
331.35 STOP AT SIDEWALK AREA.
331.36 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: DUTY TO YIELD.
331.37 RIGHT OF WAY OF FUNERAL PROCESSION.
331.38 RIGHT OF WAY OF PUBLIC SAFETY OR CORONER’S VEHICLE.
331.381 REPORT OF VEHICLE FAILING TO YIELD RIGHT OF WAY TO PUBLIC SAFETY VEHICLE.
331.39 DRIVING THROUGH SAFETY ZONES.
331.40 DRIVING ACROSS GRADE CROSSING.
331.41 STOPPING AT GRADE CROSSING.
331.42 DUTIES OF SLOW-MOVING VEHICLE AT GRADE CROSSING.
331.43 OBSTRUCTION AND INTERFERENCE AFFECTING VIEW AND CONTROL OF DRIVER.
331.44 DRIVING UPON SIDEWALKS, STREET LAWNS OR CURBS.
331.45 OBSTRUCTING PASSAGE OF OTHER VEHICLES.
331.46 DRIVING UPON STREET WHILE IN PROCESS OF CONSTRUCTION.
331.47 FOLLOWING OR PARKING NEAR EMERGENCY OR SAFETY VEHICLE.
331.48 DRIVING OVER UNPROTECTED FIRE HOSE.
331.49 STOPPING FOR SCHOOL BUS; DISCHARGING CHILDREN.
331.50 APPROACHING A STATIONARY PUBLIC SAFETY, EMERGENCY OR ROAD SERVICE VEHICLE.
331.51 TEXTING WHILE DRIVING PROHIBITED.
331.52 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICE PROHIBITED WHILE DRIVING.
331.53 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.
331.54 WEARING EARPLUGS OR EARPHONES PROHIBITED.
331.99 PENALTY.
CHAPTER 333 Equipment
CHAPTER 335 Commercial and Heavy Vehicles
CHAPTER 337 Commercial Drivers
TITLE SEVEN - Parking and Parking Meters
TITLE NINE - Pedestrians and Bicycles
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING AND HOUSING
PART FIFTEEN - FIRE PREVENTION CODE
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   331.15 STOPPING VEHICLE; SLOW SPEED; POSTED MINIMUM SPEEDS.
   (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)
   331.16 SPEED REGULATIONS OVER BRIDGES.
   (a)    No person shall operate a vehicle over any bridge or other elevated structure constituting a part of a street at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is sign posted.
   (b)    Upon the trial of any person charged with a violation of this section, proof of such determination of the maximum speed and the existence of such signs shall constitute prima-facie evidence of the maximum speed which can be maintained with safety to such bridge or structure. (Ord. 7-83. Passed 3-21-83.)
   (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 Section 303.991 of the Traffic Code. (ORC 4511.23)
   331.17 SPEED EXCEPTIONS FOR EMERGENCY AND SAFETY VEHICLES.
   The prima-facie speed limitations set forth in Section 331.13 do not apply to emergency vehicles or public safety vehicles when they are responding to emergency calls and are equipped with and displaying at least one flashing, rotating or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and when the drivers thereof sound audible signals by bell, siren or exhaust whistle. This section does not relieve the driver of the emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons using the street or highway.
(ORC 4511.24; Ord. 7-83. Passed 3-21-83.)
   331.18 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
   (a)   Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:
      (1)   When overtaking and passing another vehicle proceeding in the same direction, or when making a left turn under the rules governing such movements;
      (2)   When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
      (3)   When driving upon a roadway divided into three or more marked lanes for traffic under the rules applicable thereon;
      (4)   When driving upon a roadway designated and posted with signs for one-way traffic;
      (5)   When otherwise directed by a police officer or traffic control device.
   (b)   (1)   Upon all roadways any vehicle proceeding at less than the prevailing and lawful speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, and far enough to the right to allow passing by faster vehicles if such passing is safe and reasonable, except under any of the following circumstances:
         A.   When overtaking and passing another vehicle proceeding in the same direction;
         B.   When preparing for a left turn;
         C.   When the driver must necessarily drive in a lane other than the right-hand lane to continue on the driver’s intended route.
      (2)   Nothing in subsection (b)(1) of this section requires a driver of a slower vehicle to compromise the driver’s safety to allow overtaking by a faster vehicle.
   (c)   Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use the lanes, or except as permitted under subsection (a) (2) hereof.
   This subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.
   (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 4511.25)
   331.19 VEHICLES TO PASS TO RIGHT WHEN PASSING IN OPPOSITE DIRECTION.
   (a)   Operators of vehicles proceeding in opposite directions shall pass each other to the right, and, upon streets having width for not more than one line of traffic in each direction, each operator shall give to the other one-half or as nearly one-half of the main traveled portion of the street as is reasonably possible. (Ord. 7-83. Passed 3-21-83.)
   (b)   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 4511.26)
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