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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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   331.42 DUTIES OF SLOW-MOVING VEHICLE AT GRADE CROSSING.
   (a)    No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with subsections (b) and (c) hereof.
   (b)    Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall proceed only upon exercising due care.
   (c)    No such crossing shall be made when warning is given by automatic signal or crossing gates, or a flagman or otherwise, of the immediate approach of a railroad train or car.
   (d)    In the event the normal sustained speed of such vehicle, equipment or structure is not more than three miles per hour, the person owning, operating or moving the same shall also give notice of such intended crossing to a station agent or superintendent of such railroad, and a reasonable time shall be given to such railroad to provide proper protection for such crossing. Where such vehicles or equipment are being used in constructing or repairing a section of street lying on both sides of a railroad grade crossing, and in such construction or repair it is necessary to repeatedly move such vehicles or equipment over such crossing, one daily notice specifying when such work will start and the hours during which it will be prosecuted shall be sufficient.
(ORC 4511.64; Ord. 7-83. Passed 3-21-83.)
   331.43 OBSTRUCTION AND INTERFERENCE AFFECTING VIEW AND CONTROL OF DRIVER.
   (a)    No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle.
   (b)    No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
   (c)    No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(ORC 4511.70; Ord. 7-83. Passed 3-21-83.)
   331.44 DRIVING UPON SIDEWALKS, STREET LAWNS OR CURBS.
   (a)   (1)   No person shall drive any vehicle, other than a bicycle or an electric bicycle if the motor is not engaged, upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
      (2)    This prohibition does not apply to a law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, using an electric bicycle with the motor engaged while in the performance of the officer’s duties.
      (3)    Nothing in this section shall be construed as prohibiting local authorities from regulating the operation of bicycles or electric bicycles, except that no local authority may require that bicycles or electric bicycles be operated on sidewalks. (ORC 4511.711(A))
   (b)   No person shall drive a vehicle on a street lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized.
   (c)   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 4511.711)
   331.45 OBSTRUCTING PASSAGE OF OTHER VEHICLES.
   (a)   No driver shall enter an intersection or marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians or railroad trains, notwithstanding any traffic control signal indication to proceed. (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 4511.712)
   331.46 DRIVING UPON STREET WHILE IN PROCESS OF CONSTRUCTION.
   No person shall drive upon, along or across a street or highway, or any part thereof, which has been closed in the process of its construction, reconstruction or repair, and posted with appropriate signs by the authority having jurisdiction to close such street or highway.
(ORC 4511.71; Ord. 7-83. Passed 3-21-83.)
   331.47 FOLLOWING OR PARKING NEAR EMERGENCY OR SAFETY VEHICLE.
   (a)   The driver of any vehicle, other than an emergency vehicle or public safety vehicle on official business, shall not follow any emergency vehicle or public safety vehicle traveling in response to an alarm closer than 500 feet, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a police officer or a firefighter.
   (b)   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 4511.72)
   331.48 DRIVING OVER UNPROTECTED FIRE HOSE.
   (a)   No vehicle shall without consent of the Fire Department official in command be driven over any unprotected hose of the Fire Department when such hose is laid down on any street or private driveway to be used at any fire or alarm of fire. (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 4511.73)
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