(a) The owner of a private road or driveway located in a private residential area containing twenty (20) or more dwelling units may establish a speed limit on the road or driveway by complying with all of the following requirements:
(1) The speed limit is not less than twenty-five (25) miles per hour and is indicated by a sign that is in a proper position, is sufficiently legible to be seen by an ordinarily observant person, and meets the specifications for the basic speed limit sign included in the manual adopted by the Department of Transportation pursuant to Ohio R.C. 4511.09;
(2) The owner has posted a sign at the entrance of the private road or driveway that is in plain view and clearly informs persons entering the road or driveway that they are entering private property, a speed limit has been established for the road or driveway, and the speed limit is enforceable by law enforcement officers under State law.
(b) No person shall operate a vehicle upon a private road or driveway as provided in division (a) of this section at a speed exceeding any speed limit established and posted pursuant to division (a).
(c) When a speed limit is established and posted in accordance with division (a) of this section, a law enforcement officer may apprehend a person violating the speed limit of the residential area by utilizing any of the means described in Ohio R.C. 4511.091 or by any other accepted method of determining the speed of a motor vehicle and may stop and charge the person with exceeding the speed limit.
(d) Pursuant to Ohio R.C. 4511.211(D), points shall be assessed for violation of a speed limit established and posted in accordance with division (a) of this section in accordance with Ohio R.C. 4510.036.
(e) As used in this section:
(1) “Owner” includes but is not limited to a person who holds title to the real property in fee simple, a condominium owners' association, a property owners' association, a board of directors or trustees of a private community, and a nonprofit corporation governing a private community.
(2) “Private residential area containing 20 or more dwelling units” does not include a Chautauqua assembly as defined in Ohio R.C. 4511.90.
(ORC 4511.211(A) - (E))
(f) Penalty.
(1) A violation of division (b) of this section is one of the following:
A. Except as otherwise provided in divisions (f)(1)B. and (f)(1)C. of this section, a minor misdemeanor;
B. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to two (2) violations of this section, R.C. § 4511.211(B), or any other municipal ordinance that is substantially equivalent to that division, a misdemeanor of the fourth degree;
C. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to three (3) or more violations of this section, R.C. § 4511.211(B), or any other municipal ordinance that is substantially equivalent to that division, a misdemeanor of the third degree.
(2) 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 § 408.02(b).
(R.C. § 4511.211(F); Ord. 1990-147. Passed 9-4-90.)