404.03 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED.

   (a)   The provisions of this Traffic Code, except for Section 434.01, do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway within an area designated by traffic-control devices, but apply to those persons and vehicles when traveling to or from such work.

   (b)   The driver of a highway maintenance vehicle owned by this State or any political subdivision of this State, while the driver is engaged in the performance of official duties upon a street or highway, provided the highway maintenance vehicle is equipped with flashing lights and such other markings as are required by law and such lights are in operation when the driver and vehicle are so engaged, shall be exempt from criminal prosecution for violations of Ohio R.C. 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to 5577.09, and any substantially similar municipal ordinance.

   (c)   (1)   This section does not exempt a driver of a highway maintenance vehicle from civil liability arising from a violation of Ohio R.C. 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or Ohio R.C. 5577.01 to 5577.09, or any substantially similar municipal ordinance.

      (2)   This section does not exempt a driver of a vehicle who is not a state employee and who is engaged in the transport of highway maintenance equipment from criminal liability for a violation of R.C. §§ 5577.01 through 5577.09, or any substantially equivalent municipal ordinance.

   (d)   As used in this section, “engaged in the performance of official duties” includes driving a highway maintenance vehicle to and from the manufacturer or vehicle maintenance provider and transporting a highway maintenance vehicle, equipment, or materials to and from a work location.

(R.C. § 4511.04)

404.035 EMERGENCY, PUBLIC SAFETY AND CORONERS' VEHICLES EXCEPTED.

   (a)   The provisions of Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.202, 4511.21, 4511.211, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62, 4511.66, 4511.68, 4511.681, and 4511.69, and any substantially equivalent provisions of the Geneva Traffic Code do not apply to the driver of an emergency vehicle or public safety vehicle if the emergency vehicle or public safety vehicle is responding to an emergency call, is 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 if the driver of the vehicles is giving an audible signal by siren, exhaust whistle, or bell.  This section does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.

(ORC 4511.041)

   (b)   The provisions of Ohio R.C. 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.35, 4511.36, 4511.37, 4511.38, and 4511.66, or any substantially equivalent provisions of the Geneva Traffic Code, do not apply to a coroner, deputy coroner or coroner's investigator operating a motor vehicle in accordance with Ohio R.C. 4513.171 or a substantially equivalent municipal ordinance.  This division does not relieve a coroner, deputy coroner or coroner's investigator operating a motor vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.

(ORC 4511.042)

404.04 APPLICATION TO PERSONS RIDING, DRIVING ANIMALS UPON ROADWAY.

   Every person riding, driving, or leading an animal upon a roadway is subject to the provisions of this Traffic Code, applicable to the driver of a vehicle, except those provisions of this Traffic Code which by their nature are inapplicable.

(ORC 4511.05)

404.05 IMPOUNDING OF VEHICLES; REDEMPTION.

   (a)   Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:

      (1)   When any vehicle is left unattended upon any street and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations;

      (2)   When any vehicle has been stolen or operated without the consent of the owner;

      (3)   When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;

      (4)   When any vehicle has been used in or connected with the commission of a misdemeanor or a felony;

      (5)   When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;

      (6)   When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked; or

      (7)   When any vehicle is impounded in accordance with Ohio R.C. 4503.233 or 4513.60.

   (b)   Any vehicle impounded under authority of division (a)(2) or (3) hereof shall be ordered into storage and the Police Division shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle, excepting those impounded in accordance with the provisions of Ohio R.C. 4503.233, shall appear at the Police Division to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release, the claimant, owner or operator shall pay the amount due for any fines for violations on account of which such vehicle was impounded and all towage and storage charges.

(Ord. 2403.  Passed 6-13-94.)

   (c)   No vehicle impounded under the provisions set forth in division (a) hereof shall be removed from the City Impound Lot except upon the payment of the towing and storage charges.  Storage shall be at a cost of twenty-five dollars ($25.00) per day or any fraction of a day. 

(Ord. 2531.  Passed 3-10-97.)

   (d)   Whenever any vehicle impounded under the provisions set forth in division (a) of this section is unclaimed for a period of thirty days by any person having the right of possession to such vehicle, the Police Chief shall dispose of any such vehicle to a junk yard or similar type facility, if such vehicle has a fair market value of two hundred dollars ($200.00) or less and is more than three years old.  Any such vehicle which has a fair market value of more than two hundred dollars ($200.00) shall be sold at public auction to the highest bidder after notice of such auction has been advertised by publication once a week for two successive weeks in a newspaper of general circulation.  Any moneys accruing from the disposal of any unclaimed motor vehicle, in excess of the expenses resulting from removal and storage, shall be credited to the City's General Fund. 

(Ord. 2403.  Passed 6-13-94.)

404.06 TRAFFIC DIRECTION IN EMERGENCIES; OBEDIENCE TO SCHOOL GUARDS.

   (a)   Police officers shall direct or regulate traffic in accordance with the provisions of this Traffic Code, provided that in the event of fire or other emergency or to expedite traffic or safeguard pedestrians, they are authorized to direct traffic as conditions may require notwithstanding the provisions of this Traffic Code.  Firefighters, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.  The direction of traffic may be by word or audible signal, by gesture or visible signal or by any combination thereof.  No person shall fail to comply with any lawful order or direction of any police officer or firefighter issued pursuant to this section.

   (b)   No person shall fail to comply with any lawful order or direction of any school crossing guard invested with authority to direct, control or regulate traffic in the vicinity of the school to which such guard may be assigned.

404.07 APPLICATION TO DRIVERS OF GOVERNMENT VEHICLES.

   The provisions of this Traffic Code applicable to the drivers of vehicles shall apply to the drivers of all vehicles owned or operated by the United States, any state or any political subdivision thereof, including this Municipality, except as may be otherwise provided by law and subject to such specific exceptions as are set forth with reference to authorized emergency and public safety vehicles.

404.08 OWNER PRESUMED TO HAVE KNOWLEDGE.

   The violation of a provision of this Traffic Code by means of a motor vehicle shall be prima facie evidence that such violation was committed by or with the authority or permission of the owner of such vehicle.

(Ord. 1515.  Passed 4-13-64.)