1610.99  PENALTY.
   (a)   Criminal Penalties.
      (1)   Whoever violates Section 1610.05(a) is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.
(ORC 3737.99(B))
      (2)   Whoever violates Section 1610.05(b) or 1610.06 is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00).
(ORC 3737.99(C))
      (3)   Whoever violates Section 1610.07 or 1610.09 is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.
(ORC 3737.99(D))
      (4)   Whoever violates Section 1610.08 or 1610.10 is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.
(ORC 3737.99(E))
   (b)   Civil Penalties.
      (1)   Any person who has received a citation for a serious violation of the Ohio Fire Code or any order issued pursuant to it shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
      (2)   Any person who has received a citation for a violation of the Ohio Fire Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
      (3)   Any person who fails to correct a violation for which a citation has been issued, within the period permitted for its correction, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each day during which such failure or violation continues.
      (4)   Any person who violates any of the posting requirements prescribed by Section 1610.04(c) shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
      (5)   Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged and the history of previous violations shall be given whenever a penalty is assessed under this chapter.
      (6)   For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
      (7)   Civil penalties imposed under this chapter shall be paid to the Clerk of Council for deposit into the General Fund. Such penalties may be recovered in a civil action in the name of the Municipality brought in the Court of Common Pleas.
(ORC 3737.51(B) to (H))
 
   CODIFIED ORDINANCES OF GREEN
   PART FOUR - TRAFFIC CODE
   _____________________________
      TITLE TWO - Administration, Enforcement and Penalties
         Chap. 402.   Definitions.
         Chap. 404.   Enforcement; Impounding.
         Chap. 406.   Traffic Control.
         Chap. 408.   Penalties.
      TITLE FOUR - Public Ways and Traffic Control Devices
         Chap. 412.   Obstruction and Special Uses of Public Ways.
         Chap. 414.   Traffic Control Devices.
         Chap. 416.   Pedestrians.
      TITLE SIX - Vehicles and Operation
         Chap. 432.   Operation Generally.
         Chap. 434.   OVI; Reckless Operation; Speed.
         Chap. 436.   Licensing; Accidents.
         Chap. 438.   Safety and Equipment.
         Chap. 440.   Commercial and Heavy Vehicles.
         Chap. 442.   Drivers of Commercial Vehicles.
      TITLE EIGHT - Parking
         Chap. 452.   Parking Generally.
      TITLE TEN - Bicycles, Motorcycles and Snowmobiles
         Chap. 474.   Bicycles and Motorcycles Generally.
         Chap. 476.   Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles.
 
 
 
   2004-A Replacement
   TRAFFIC CODE   2
3
   CODIFIED ORDINANCES OF GREEN
   PART FOUR - TRAFFIC CODE
   _____________________________
            TITLE TWO - Administration, Enforcement and Penalties
               Chap. 402.  Definitions.
               Chap. 404.  Enforcement; Impounding.
               Chap. 406.  Traffic Control.
               Chap. 408.  Penalties.
   CHAPTER 402
   Definitions
402.01   Meaning of words and phrases.
402.02   Agricultural tractor; multi-wheel agricultural tractor.
402.03   Alley.      
402.04   Arterial street.
402.045   Beacon.
402.05   Bicycle.
402.06   Bus.
402.07   Business district.
402.075   Chauffeured limousine.
402.077   Child day-care center or Type A family day-care home.
402.08   Commercial tractor.
402.09   Controlled-access highway.
402.10   Crosswalk.
402.11   Driver or operator.
402.115   Electric bicycle.
402.12   Emergency vehicle.
402.13   Explosives.
402.14   Expressway.
402.15   Flammable liquid.
402.16   Freeway.   
402.165   Funeral escort vehicle.
402.17   Gross weight.
402.173   Highway maintenance vehicle.
402.175   Highway traffic signal.
402.177   Hybrid beacon.
 
402.18   Intersection.
402.19   Laned highway.
402.195   Median
402.20   Motor vehicle.
402.21   Motorcycle.
402.22   Motorized bicycle or moped.
402.225   Motorized wheelchair.
402.227   Operate.
402.23   Parking.
402.24   Pedestrian.
402.25   Person.
402.26   Pole trailer.
402.27   Police officer.
402.275   Predicate motor vehicle or traffic offense.
402.277   Private road open to public travel.
402.28   Private road or driveway.
402.29   Public safety vehicle.
402.30   Railroad.
402.31   Railroad sign or signal.
402.32   Railroad train.
402.33   Residence district.
402.335   Ridesharing arrangement.
402.34   Right-of-way.
402.345   Road service vehicle.
402.35   Roadway.
 
   2018-B Replacement
402.01   TRAFFIC CODE   4
402.355   Rural mail delivery vehicle.
402.36   Safety zone.
402.37   School bus.
402.38   Semitrailer.
402.385   Shared-use path.
402.39   Sidewalk.
402.40   State route.
402.41   Stop.
402.42   Stop intersection.
402.43   Stopping and standing.
402.44   Street or highway.
402.45   Through street or highway.
402.46   Thruway.
402.47   Traffic.
402.48   Traffic control device.
402.49   Traffic control signal.
402.50   Trailer.
402.51   Truck.
402.52   Urban district.
402.53   Vehicle.
402.54   Waste collection vehicle.
   CROSS REFERENCES
   See section histories for similar State law
   Blind person defined - see TRAF. 416.02
   Funeral procession defined - see TRAF. 432.21
   Street racing defined - see TRAF. 434.07
   Commercial car defined - see TRAF. 442.01
   Snowmobile, off-highway motorcycle and all-purpose vehicle defined - see TRAF.
      476.01
   402.01   MEANING OF WORDS AND PHRASES.
   (a)   Except as otherwise provided, the definitions set forth in Ohio R.C. 4501.01 shall apply to this Traffic Code and the penal laws of the Municipality.
   (b)   Except as otherwise provided, the following words and phrases, when used in this Traffic Code, shall have the meanings respectively ascribed to them in this chapter.
   402.02   AGRICULTURAL TRACTOR; MULTI-WHEEL AGRICULTURAL TRACTOR.
   (a)   “Agricultural tractor” means every self-propelled vehicle designed or used for drawing other vehicles or wheeled machinery, but having no provision for carrying loads independently of such other vehicles, and used principally for agricultural purposes.
(ORC 4511.01(J))
   (b)    “Multi-wheel agricultural tractor” means a type of agricultural tractor that has two or more wheels or tires on each side of one axle at the rear of the tractor, is designed or used for drawing other vehicles or wheeled machinery, has no provision for carrying loads independently of the drawn vehicles or machinery, and is used principally for agricultural purposes.
(ORC 4511.01(GGG))
 
2018-B Replacement
5   Definitions   402.07
   402.03   ALLEY.
   “Alley” means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts, and not intended for the purpose of through vehicular traffic, and any street or highway that has been declared an “alley” by the Council.
(ORC 4511.01(XX))
   402.04   ARTERIAL STREET.
   “Arterial street” means any United States or State numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
(ORC 4511.01(CCC))
   402.045   BEACON.
   “Beacon” means a highway traffic signal with one or more signal sections that operate in a flashing mode.
(ORC 4511.01(KKK))
   402.05   BICYCLE.
   “Bicycle” means every device, other than a device that is designed solely for use as a play vehicle by a child, that is propelled solely by human power upon which a person may ride, and that has two or more wheels, any of which is more than 14 inches in diameter.
(ORC 4511.01(G))
   402.06   BUS.
   “Bus” means every motor vehicle designed for carrying more than nine passengers, and used for the transportation of persons other than in a ridesharing arrangement, and every motor vehicle, automobile for hire, or funeral car, other than a taxicab or motor vehicle used in a ridesharing arrangement, designed and used for the transportation of persons for compensation.
(ORC 4511.01(L))
   402.07   BUSINESS DISTRICT.
   “Business district” means the territory fronting upon a street or highway, including the street or highway, between successive intersections within the Municipality, where 50% or more of the frontage between successive intersections is occupied by buildings in use for business, or within or outside the Municipality where 50% or more of the frontage for a distance of 300 feet or more is occupied by buildings in use for business, and the character of the territory is indicated by official traffic-control devices.
(ORC 4511.01(NN))
 
   2018-B Replacement
402.075   TRAFFIC CODE   6
   402.075   CHAUFFEURED LIMOUSINE.
   “Chauffeured limousine” means a motor vehicle that is designed to carry nine or fewer passengers and is operated for hire pursuant to a prearranged contract for the transportation of passengers on public roads and highways along a route under the control
of the person hiring the vehicle and not over a defined and regular route.  “Prearranged contract” means an agreement, made in advance of boarding, to provide transportation from a specific location in a chauffeured limousine at a fixed rate per hour or trip.  “Chauffeured limousine” does not include any vehicle that is used exclusively in the business of funeral directing.
(ORC 4501.01(LL))
   402.077   CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME.
   “Child day-care center” and “Type A family day-care home” have the same meanings as set forth in Ohio R.C. 5104.01.
(ORC 4511.01(FFF))
   402.08   COMMERCIAL TRACTOR.
   “Commercial tractor” means every motor vehicle having motive power designed or used for drawing other vehicles, and not so constructed as to carry any load thereon, or designed or used for drawing other vehicles while carrying a portion of the other vehicles, or the load thereon, or both.
(ORC 4511.01(I))
   402.09   CONTROLLED-ACCESS HIGHWAY.
   “Controlled-access highway” means every street or highway in respect to which owners or occupants of abutting lands and other persons have no legal right or access to or from the same except at certain points only and in a manner as may be determined by the public authority having jurisdiction over the street or highway.
(ORC 4511.01(CC))
   402.10   CROSSWALK.
   “Crosswalk” means:
   (a)   That part of a roadway at intersections ordinarily included within the real or projected prolongation of property lines and curb lines or, in the absence of curbs, the edges of the traversable roadway;
   (b)   Any portion of a roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface;
   (c)   Notwithstanding the foregoing provisions of this definition, there shall not be a crosswalk where the Legislative Authority has placed signs indicating no crossing.
      (ORC 4511.01(LL))
2018-B Replacement
7   Definitions   402.13
   402.11   DRIVER OR OPERATOR.
   “Driver” or “operator” means every person who drives or is in actual physical control of a vehicle.
(ORC 4511.01(Y))
   402.115   ELECTRIC BICYCLE.
   “Electric bicycle.” Means a “class 1 electric bicycle”, a “class 2 electric bicycle”, or a “class 3 electric bicycle” as defined below.
   (a)   “Class 1 electric bicycle.” Means a bicycle that is equipped with fully operable pedals and an electric motor of less than 750 watts that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
   (b)   “Class 2 electric bicycle.” Means a bicycle that is equipped with fully operable pedals and an electric motor of less than 750 watts that may provide assistance regardless of whether the rider is pedaling and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
   (c)   “Class 3 electric bicycle.” Means a bicycle that is equipped with fully operable pedals and an electric motor of less than 750 watts that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.
      (ORC 4511.01(RRR))
   402.12   EMERGENCY VEHICLE.
   “Emergency vehicle” means emergency vehicles of municipal, township or county departments or public utility corporations, when identified as such as required by law, the Director of Public Safety, or local authorities, and motor vehicles when commandeered by a police officer.
(ORC 4511.01(D))
   402.13   EXPLOSIVES.
   “Explosives” means any chemical compound or mechanical mixture that is intended for the purpose of producing an explosion that contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by a detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, such that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, or of destroying life or limb.  Manufactured articles shall not be held to be explosives when the individual units contain explosives in limited quantities of such nature or in such packing that it is impossible to procure a simultaneous or a destructive explosion of the units, to the injury of life, limb, or property by fire, friction, concussion, percussion, or by a detonator, such as fixed ammunition for small arms, firecrackers, or safety fuse matches.
(ORC 4511.01(T))
   2018-B Replacement
402.14   TRAFFIC CODE   8
   402.14   EXPRESSWAY.
   “Expressway” means a divided arterial highway for through traffic with full or partial control of access with an excess of 50% of all crossroads separated in grade.
(ORC 4511.01(ZZ))
   402.15   FLAMMABLE LIQUID.
   “Flammable liquid” means any liquid which has a flash point of 70°F or less, as determined by a tagliabue or equivalent closed cup test device.
(ORC 4511.01(U))
   402.16   FREEWAY.
   “Freeway” means a divided multi-lane highway for through traffic with crossroads separated in grade and with full control of access.
(ORC 4511.01(YY))
   402.165   FUNERAL ESCORT VEHICLE.
   “Funeral escort vehicle” means any motor vehicle, including a funeral hearse, while used to facilitate the movement of a funeral procession.
(ORC 4511.01(WW))
   402.17   GROSS WEIGHT.
   “Gross weight” means the weight of a vehicle plus the weight of any load thereon.
(ORC 4511.01(V))
   402.173   HIGHWAY MAINTENANCE VEHICLE.
   “Highway maintenance vehicle” means a vehicle used in snow and ice removal or road surface maintenance, including a snow plow, traffic line striper, road sweeper, mowing
machine, asphalt distributing vehicle, or other such vehicle designed for use in specific highway maintenance activities.
(ORC 4511.01(QQQ))
   402.175   HIGHWAY TRAFFIC SIGNAL.
   “Highway traffic signal” means a power-operated traffic control device by which traffic is warned or directed to take some specific action. The term does not include a power-operated sign, steadily illuminated pavement marker, warning light, or steady burning electric lamp.
(ORC 4511.01(MMM))
   402.177   HYBRID BEACON.
   “Hybrid beacon” means a type of beacon that is intentionally placed in a dark mode between periods of operation where no indications are displayed and, when in operation, displays both steady and flashing traffic control signal indications.
(ORC 4511.01(LLL))
2018-B Replacement
9   Definitions   402.195
   402.18   INTERSECTION.
   “Intersection” means:
   (a)   The area embraced within the prolongation or connection of the lateral curb lines, or, if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways that join at any other angle might
      come into conflict. The junction of an alley or driveway with a roadway or highway does not constitute an intersection unless the roadway or highway at the junction is controlled by a traffic control device.
   (b)   If a highway includes two roadways that are 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway constitutes a separate intersection. If both intersecting highways include two roadways 30 feet or more apart, then every crossing of any two roadways of such highways constitutes a separate intersection.
   (c)   At a location controlled by a traffic control signal, regardless of the distance between the separate intersections as described in division (b) of this definition:
      (1)   If a stop line, yield line, or crosswalk has not been designated on the roadway within the median between the separate intersections, the two intersections and the roadway and median constitute one intersection.
      (2)   Where a stop line, yield line, or crosswalk line is designated on the roadway on the intersection approach, the area within the crosswalk and any area beyond the designated stop line or yield line constitute part of the intersection.
      (3)   Where a crosswalk is designated on a roadway on the departure from the intersection, the intersection includes the area that extends to the far side of the crosswalk.
         (ORC 4511.01(KK))
   402.19   LANED HIGHWAY.
   “Laned highway” means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.
(ORC 4511.01(GG))
   402.195   MEDIAN.
   “Median” means the area between two roadways of a divided highway, measured from edge of traveled way to edge of traveled way, but excluding turn lanes. The width of a median may be different between intersections, between interchanges, and at opposite approaches of the same intersection.
(ORC 4511.01(NNN))
 
   2018-B Replacement
402.20   TRAFFIC CODE   10
   402.20   MOTOR VEHICLE.
   “Motor vehicle” means every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, electric bicycles, road rollers, traction engines, power shovels, power cranes and other equipment used in construction work, and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of 25 miles per hour or less.
(ORC 4511.01(B))
   402.21   MOTORCYCLE.
   “Motorcycle” means every motor vehicle, other than a tractor, having a seat or saddle for the use of the operator and designed to travel on not more than three wheels in contact with the ground, including, but not limited to, motor vehicles known as “motor-driven cycle,” “motor scooter,” “autocycle,” “cab-enclosed motorcycle”, or “motorcycle” without regard to weight or brake horsepower.
(ORC 4511.01(C))
   402.22   MOTORIZED BICYCLE OR MOPED.
   “Motorized bicycle or moped” means any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that may be capable of being pedaled, and that is equipped with a helper motor of not more than 50 cubic centimeters piston displacement that produces not more than one brake horsepower, and is capable of propelling the vehicle at a speed of not greater than 20 miles per hour on a level surface. The terms do not include an electric bicycle.
(ORC 4511.01(H))
   402.225   MOTORIZED WHEELCHAIR.
   “Motorized wheelchair” means any self-propelled vehicle designed for, and used by, a person with a disability and that is incapable of a speed in excess of eight miles per hour.
(ORC 4511.01(EEE))
   402.227   OPERATE.
   “Operate” means to cause or have caused movement of a vehicle.
(ORC 4511.01(HHH))
   402.23   PARKING.
   “Parking,” when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
2018-B Replacement
11   Definitions   402.275
   402.24   PEDESTRIAN.
   “Pedestrian” means any natural person afoot. This term includes a personal delivery device as defined in Ohio R.C. 4511.513 unless the context clearly suggests otherwise.
(ORC 4511.01(X))
   402.25   PERSON.
   “Person” means every natural person, firm, partnership, association or corporation.
(ORC 4511.01(W))
   402.26   POLE TRAILER.
   “Pole trailer” means every trailer or semitrailer attached to the towing vehicle by means of a reach, pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes, or
structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(ORC 4511.01(O))
   402.27   POLICE OFFICER.
   “Police officer” means every officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations.
(ORC 4511.01(Z))
   402.275   PREDICATE MOTOR VEHICLE OR TRAFFIC OFFENSE.
   “Predicate motor vehicle or traffic offense” means any of the following:
   (a)   A violation of Ohio R.C.  4511.03, 4511.051, 4511.12, 4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, 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, 4511.451, 4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.763, 4511.771, 4511.78, or 4511.84;
   (b)   A violation of Ohio  R.C. 4511.17(A)(2), 4511.51(A) to (D), or 4511.74(A);
   (c)   A violation of any provision of Ohio R.C. 4511.01 to 4511.76 for which no penalty otherwise is provided in the section that contains the provision violated;
   (d)   A violation of Ohio R.C. 4511.214;
   (e)   A violation of a municipal ordinance that is substantially equivalent to any section or provision set forth or described in division (a), (b), (c), or (d) of this definition.
      (ORC  4511.01(III))
 
   2018-B Replacement
402.277   TRAFFIC CODE   12
   402.277   PRIVATE ROAD OPEN TO PUBLIC TRAVEL.
   “Private road open to public travel” means a private toll road or road, including any adjacent sidewalks that generally run parallel to the road, within a shopping center, airport, sports arena, or other similar business or recreation facility that is privately owned but where the public is allowed to travel without access restrictions. The term includes a gated toll road but does not include a road within a private gated property where access is restricted at all times, a parking area, a driving aisle within a parking area, or a private grade crossing.
(ORC 4511.01(OOO))
   402.28   PRIVATE ROAD OR DRIVEWAY.
   “Private road or driveway” means every way or place in private ownership used for vehicular travel by the owner, and those having express or implied permission from the owner, but not by other persons.
(ORC 4511.01(DD))
   402.29   PUBLIC SAFETY VEHICLE.
   “Public safety vehicle” means any of the following:
   (a)   Ambulances, including private ambulance companies under contract to a municipality, township, or county, and private ambulances and nontransport vehicles bearing license plates issued under Ohio R.C. 4503.49;
   (b)   Motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the State;
   (c)   Any motor vehicle when properly identified as required by the Director of Public Safety, when used in response to fire emergency calls or to provide emergency medical service to ill or injured persons, and when operated by a duly qualified person who is a member of a volunteer rescue service or a volunteer fire department, and who is on duty pursuant to the rules or directives of that service.  The State Fire Marshal shall be designated by the Director of Public Safety as the certifying agency for all public safety vehicles described herein;
   (d)   Vehicles used by fire departments, including motor vehicles when used by volunteer firefighters responding to emergency calls in the fire department service when identified as required by the Director of Public Safety;
   (e)   Any vehicle used to transport or provide emergency medical service to an ill or injured person, when certified as a “public safety vehicle,” shall be considered
      such a vehicle when transporting an ill or injured person to a hospital, regardless of whether such vehicle has already passed a hospital;
   (f)   Vehicles used by the Motor Carrier Enforcement Unit for the enforcement of orders and rules of the Public Utilities Commission as specified in Ohio R.C. 5503.34.
      (ORC 4511.01(E))
 
2018-B Replacement
13   Definitions   402.34
   402.30   RAILROAD.
   “Railroad” means a carrier of persons or property operating upon rails placed principally on a private right-of-way.
(ORC 4511.01(P))
   402.31   RAILROAD SIGN OR SIGNAL.
   “Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
(ORC 4511.01(SS))
   402.32   RAILROAD TRAIN.
   “Railroad train” means a steam engine or an electric or other motor, with or without cars coupled thereto, operated by a railroad.
(ORC 4511.01(Q))
   402.33   RESIDENCE DISTRICT.
   “Residence district” means the territory, not comprising a business district, fronting on a street or highway, including the street or highway, where, for a distance of 300 feet
or more, the frontage is improved with residences or residences and buildings in use for business.
(ORC 4511.01(OO))
   402.335   RIDESHARING ARRANGEMENT.
   “Ridesharing arrangement” includes the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools.
(ORC 4511.01(DDD))
   402.34   RIGHT-OF-WAY.
   “Right-of-way” means either of the following, as the context requires:
   (a)   The right of a vehicle or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it, he or she is moving, in preference to another vehicle or pedestrian approaching from a different direction into its, his or her path;
   (b)   A general term denoting land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, “right-of-way” includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the State or local authority.
      (ORC 4511.01(UU))
 
   2018-B Replacement
402.345   TRAFFIC CODE   14
   402.345   ROAD SERVICE VEHICLE.
   “Road service vehicle” means wreckers, utility repair vehicles, and state, county, and municipal service vehicles equipped with visual signals by means of flashing, rotating or oscillating lights.
(ORC 4511.01(JJJ)
   402.35   ROADWAY.
   “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, except the berm or shoulder.  If a highway includes two or more separate roadways, the term “roadway” means any roadway separately, but not all the roadways collectively.
(ORC 4511.01(EE))
   402.355   RURAL MAIL DELIVERY VEHICLE.
   “Rural mail delivery vehicle” means every vehicle used to deliver United States mail on a rural mail delivery route.
(ORC 4511.01(VV))
   402.36   SAFETY ZONE.
   “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and protected or marked or indicated by adequate signs so as to be plainly visible at all times.
(ORC 4511.01(MM))
   402.37   SCHOOL BUS.
   “School bus” means every bus designed for carrying more than nine passengers which is owned by a public, private, or governmental agency or institution of learning, and operated for the transportation of children to or from a school session or a school function, or owned by a private person and operated for compensation for the transportation of children to or from a school session or a school function; provided “school bus” does not include a bus operated by a municipally owned transportation system, a mass transit company operating exclusively within the territorial limits of a municipality, or within such limits and the territorial limits of municipalities immediately contiguous to the municipality, nor a common passenger carrier certified by the Public Utilities Commission unless the bus is devoted exclusively to the transportation of children to and from a school
session or a school function, and “school bus” does not include a van or bus used by a licensed child day-care center or Type A family day-care home to transport children from the child day- care center or Type A family day-care home to a school if the van or bus does not have more than 15 children in the van or bus at any time.
(ORC 4511.01(F))
 
2018-B Replacement
15   Definitions   402.44
   402.38   SEMITRAILER.
   “Semitrailer” means every vehicle designed or used for carrying persons or property with another and separate motor vehicle so that in operation a part of its own weight or that of its load, or both, rests upon and is carried by another vehicle.
(ORC 4511.01(N))
   402.385   SHARED-USE PATH.
   “Shared-use path” means a bikeway outside the traveled way and physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right- of-way or within an independent alignment. A shared-use path also may be used by pedestrians, including skaters, joggers, users of manual and motorized wheelchairs, and other authorized motorized and non-motorized users. A shared-use path does not include any trail that is intended to be used primarily for mountain biking, hiking, equestrian use, or other similar uses, or any other single track or natural surface trial that has historically been reserved for non-motorized use.
   402.39   SIDEWALK.
   “Sidewalk” means that portion of a street between the curb lines, or the lateral line of a roadway, and the adjacent property lines, intended for the use of pedestrians.
(ORC 4511.01(FF))
   402.40   STATE ROUTE.
   “State route” means every highway which is designated with an official state route number and so marked.
(ORC 4511.01(JJ))
   402.41   STOP.
   “Stop,” when required, means a complete cessation of movement.
   402.42   STOP INTERSECTION.
   “Stop intersection” means any intersection at one or more entrances of which stop signs are erected.
(ORC 4511.01(BBB))
   402.43   STOPPING AND STANDING.
   “Stopping” and “standing,” when prohibited, mean any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device.
   402.44   STREET OR HIGHWAY.
   “Street” or “highway” means the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel.
(ORC 4511.01(BB))
   2018-B Replacement
402.45   TRAFFIC CODE   16
   402.45   THROUGH STREET OR HIGHWAY.
   “Through street or highway” means every street or highway as provided in Ohio R.C. 4511.65, or a substantially equivalent municipal ordinance.
(ORC 4511.01(HH))
   402.46   THRUWAY.
   “Thruway” means a through street or highway whose entire roadway is reserved for through traffic and on which roadway parking is prohibited.
(ORC 4511.01(AAA))
   402.47   TRAFFIC.
   “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars, and other devices, either singly or together, while using for purposes of travel any highway or private road open to public travel.
(ORC 4511.01(TT))
   402.48   TRAFFIC CONTROL DEVICE.
   “Traffic control device” means a flagger, sign, signal, marking, or other device used to regulate, warn, or guide traffic, placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public
agency or official having jurisdiction, or, in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction.
(ORC 4511.01(QQ))
   402.49   TRAFFIC CONTROL SIGNAL.
   “Traffic control signal” means any highway traffic signal by which traffic is alternately directed to stop and permitted to proceed.
(ORC 4511.01(RR))
   402.50   TRAILER.
   “Trailer” means every vehicle designed or used for carrying persons or property wholly on its own structure, and for being drawn by a motor vehicle, including any vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type, such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a street or highway at a speed greater than 25 miles per hour and a vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of more than ten miles or at a speed of more than 25 miles per hour.
(ORC 4511.01(M))
 
2018-B Replacement
16A   Definitions   402.54
   402.51   TRUCK.
   “Truck” means every motor vehicle, except trailers and semitrailers, designed and used to carry property.
(ORC 4511.01(K))
   402.52   URBAN DISTRICT.
   “Urban district” means the territory contiguous to and including any street or highway which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of one-quarter of a mile or more, and the character of the territory is indicated by official traffic-control devices.
(ORC 4511.01(PP))
   402.53   VEHICLE.
   “Vehicle” means every device, including a motorized bicycle and an electric bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that “vehicle” does not include any motorized wheelchair, any electric personal assistive mobility device, any personal delivery device as defined in Ohio R.C. 4511.513, any device that is moved by power collected from overhead electric trolley wire or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power.
(ORC 4511.01(A))
   402.54   WASTE COLLECTION VEHICLE.
   “Waste collection vehicle.” A vehicle used in the collection of garbage, refuse, trash, or recyclable materials.
(ORC 4511.01(RRR))
 
 
 
 
   2018-B Replacement
   TRAFFIC CODE   16B
 
 
 
 
 
 
17
   CHAPTER 404
   Enforcement; Impounding
404.01   Police may remove ignition key.
404.02   Resisting an enforcing official.
404.03   Road workers, motor vehicles and equipment excepted.
404.035   Emergency, public safety and coroners’ vehicles excepted.
404.04   Application to persons riding, driving animals upon roadway.
404.05   Impounding of vehicles; redemption.
404.06   Traffic direction in emergencies; obedience to school guards.
404.07   Application to drivers of government vehicles.
404.08   Furnishing false information incident to traffic citation.
404.99   Penalty.
   CROSS REFERENCES
   See section histories for similar State law
   Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.61 et seq.
   Burden of proof - see Ohio R.C. 2901.05
   Arrest without warrant for misdemeanor - see Ohio R.C. 2935.03
   Right of trial by jury - see Ohio R.C. 2945.17
   Time within which hearing or trial must be held - see Ohio R.C. 2945.71
   Extension of time for hearing or trial - see Ohio R.C. 2945.72
   Discharge for delay in trial - see Ohio R.C. 2945.73
   State point system suspension - see Ohio R.C. 4507.021
   Power of trial court of record to suspend license for certain violations -
      see Ohio R.C. 4510.05, 4510.15
   Uniform application of Ohio Traffic Law - see Ohio R.C. 4511.06
   Use of private property for vehicular travel - see Ohio R.C. 4511.08
   Authority of arresting officer when radar, electrical or mechanical timing device
      used - see Ohio R.C. 4511.091
   Marking motor vehicles used by traffic officers - see Ohio R.C. 4549.13
   Distinctive uniform required for traffic officers - see Ohio R.C. 4549.15
   Exceptions for emergency or public safety vehicles - see TRAF. 432.18, 434.06
   Parking violations waiver - see TRAF. 452.13
   Suspension of riding privileges; impounding of bicycles - see TRAF. 474.10   
   Limitation on criminal prosecutions - see GEN. OFF. 606.06
   Failure to aid a law enforcement officer - see GEN. OFF. 606.13
   Obstructing official business - see GEN. OFF. 606.14
   Obstructing justice - see GEN. OFF. 606.15
   Resisting arrest - see GEN. OFF. 606.16
   Soliciting or receiving improper compensation - see GEN. OFF. 606.18
   Dereliction of duty - see GEN. OFF. 606.19
   Disposition of unclaimed or forfeited property held by Police Department - see
      GEN. OFF. 606.24
   2008-B Replacement
404.01   TRAFFIC CODE   18
   404.01   POLICE MAY REMOVE IGNITION KEY.
   A law enforcement officer may remove the ignition key left in the ignition switch of an unlocked and unattended motor vehicle parked on a street or highway.  The officer removing the key shall place notification upon the vehicle detailing his or her name and badge number, the place where the key may be reclaimed, and the procedure for reclaiming the key.  The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership.
(ORC 4549.05)
   404.02   RESISTING AN ENFORCING OFFICIAL.
   (a)   No person shall resist, hinder, obstruct, or abuse any sheriff, constable, or other official while that official is attempting to arrest offenders under any provision of this Traffic Code.  No person shall interfere with any person charged under any provision of this Traffic Code with the enforcement of the law relative to public highways.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.36)
   (c)   It is a defense to prosecution under this section that the hindrance, obstruction, resistance, or interference alleged consisted of constitutionally protected speech only.
   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 equivalent 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 equivalent municipal ordinance.
2004 Replacement
19   Enforcement; Impounding   404.04
      (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 Ohio 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.
(ORC 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 municipal ordinances, 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 municipal ordinances, 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)
   2017-A Replacement
404.05   TRAFFIC CODE   20
   404.05   IMPOUNDING OF VEHICLES; REDEMPTION.
   (a)   Law enforcement 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, bridge or causeway 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 or abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, is left on private property for more than 72 consecutive hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for 48 consecutive hours or longer;
      (3)   When any vehicle has been stolen or operated without the consent of the owner and is located upon either public or private property;
      (4)   When any vehicle displays illegal license plates or fails to display the current lawfully required plates and is located upon any public street or other property open to the public for purposes of vehicular travel or parking;
      (5)   When any vehicle has been used in or connected with the commission of a felony and is located upon either public or private property;
      (6)   When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code whereby its continued operation would constitute a condition hazardous to life, limb or property and is located upon any public street or other property open to the public for purposes of vehicular travel or parking;
      (7)   When any vehicle is left unattended either on public or private property due to the removal of an ill, injured or arrested operator, or due to the abandonment thereof by the operator during or immediately after pursuit by a law enforcement officer;
      (8)   When any vehicle has been operated by any person who has failed to stop in case of an accident or collision and is located either on public or on private property;
      (9)   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, and is located upon a public street or other property open to the public for purposes of vehicular travel or parking;
      (10)   When any vehicle is found for which two or more citation tags for violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required, and is located upon a public street or other property open to the public for purposes of vehicular travel or parking;
      (11)   When any vehicle is left unattended upon any property and such stopped vehicle is preventing ingress or egress to or from such a property or use of
2004 Replacement
21   Enforcement; Impounding   404.05
      buildings thereon, or a vehicle is parked in a fire lane or when a vehicle is parked in such a way as to prevent maintenance or repair of the property.
   (b)     Any vehicle removed under authority of division (a)(2) of this section shall be ordered into storage and/or disposed of as provided under Ohio  R.C. 4513.60 et seq.  Any other vehicle removed under authority of this section shall be ordered into storage and the  law enforcement agency 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 shall appear at the law enforcement agency offices to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the appropriate court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
   (c)   No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which has been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima facie evidence that it was so removed by the owner or operator.
   (d)   Any person who registers a complaint that is the basis of a law enforcement agency order for the removal and storage of a motor vehicle under this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies himself or herself as the owner or operator of the motor vehicle and requests information pertaining to its location.
   (e)   Any towing company authorized to response to calls for service from the law enforcement agency in the City must provide an impound lot lawfully operated as a full-time facility where any and all vehicles towed as a result of a law enforcement agency request must be impounded pending further disposition of the vehicle in conjunction with the vehicle owner, his or her agent, or an order from a court of competent jurisdiction.
   (f)   Any towing company doing business in the City shall comply with the following requirements:
      (1)   The company shall have all licenses and permits required by the State for the operation of a towing business.
      (2)   The company shall provide service 24 hours a day, seven days a week.
      (3)   The company shall maintain in operable condition at least three tow trucks, one of which shall be equipped to tow front-wheel drive vehicles, and a flatbed truck.  The company shall also own a motorcycle trailer or other acceptable means of carrying a motorcycle in an upright position.
      (4)   The company shall only utilize towing vehicles that meet or exceed all legal requirements.
   2004 Replacement
404.06   TRAFFIC CODE   22
      (5)   The company shall only employ and utilize drivers who have and maintain the appropriate Ohio driver’s license.
      (6)   The company, or its agent or employees, shall not respond to the scene of an accident or a possible tow, unless dispatched thereto by the law enforcement agency requesting the tow or unless engaged by a third person having a direct interest in the vehicle or vehicles involved.
      (7)   The company shall be responsible for cleaning all debris on the roadway resulting from an accident from which vehicles are towed.
      (8)   While towing vehicles pursuant to this section, the company, or its agents and employees, shall at all times act in a courteous and professional manner towards members of the public.
      (9)   All towing motor vehicles shall have the company name displayed in letters no less than six inches high.
      (10)   A violation of any provision of this section may result in revocation of the City permit, as deemed necessary by the Director of Public Service.
         (Ord. 96-5.  Passed 4-23-96.)
   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.
 
 
2004 Replacement
23   Enforcement; Impounding   404.99
   404.08   FURNISHING FALSE INFORMATION INCIDENT TO TRAFFIC CITATION.
   (a)   No person shall knowingly present, display, or orally communicate a false name, social security number, or date of birth to a law enforcement officer who is in the process of issuing to the person a traffic ticket or complaint.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4513.361)
   404.99   PENALTY.
   (EDITOR’S NOTE:  See Sections 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)
 
 
 
 
 
 
 
 
   2004 Replacement
   TRAFFIC CODE   24
25
   CHAPTER 406
   Traffic Control
406.01   Authority and considerations for placement of devices.
406.02   Conformity with State Manual.
406.03   Powers of Director of Public Safety.
406.04   Posting of signs and signals required.
406.05   Director’s powers not limited.
406.06   Records of Director.
406.07   Reservation of power to Council.
406.08   Violations subject to general Code penalty.
 
   CROSS REFERENCES
   Power to designate highway as a freeway, expressway or thruway - see Ohio R.C.
      4511.011
   Uniform system of traffic control devices - see Ohio R.C. 4511.09,    4511.11
   Placing and maintaining local traffic control devices- see Ohio R.C. 4511.10, 4511.11
   Alteration of prima facie speed limits - see Ohio R.C. 4511.21, 4511.22, 4511.23
   Power to erect stop signs at grade crossings - see Ohio R.C. 4511.61
   Designation of through streets and erection of stop or yield signs - see Ohio R.C.
      4511.65; TRAF. 414.02
   Traffic control devices defined - see TRAF. 402.48
   406.01   AUTHORITY AND CONSIDERATIONS FOR PLACEMENT OF DEVICES.
   The Director of Public Safety shall place and maintain traffic control devices upon any street or highway under Municipal jurisdiction as are necessary to effectuate the provisions of this Traffic Code, or to regulate, warn or guide traffic, and such other traffic control devices as the Director shall deem necessary for the proper control of traffic. The Director shall determine the location, timing and coordination of such traffic control devices upon the basis of an applicable engineering or traffic investigation and shall consider the following:
   (a)   The maximum safety and protection of vehicular and pedestrian traffic from physical injury or property damage;
   (b)   The existing and potential traffic movement, volume and conditions;
   (c)   The location and frequency of accidents, including studies of remedial measures;
   (d)     The recommendations of the Chief of Police and Fire Chief;
   (e)   The acceleration of transportation of persons and property by vehicles so as to expedite travel and promote public safety;
 
   2004 Replacement
406.02   TRAFFIC CODE   26
   (f)   The convenience and welfare of the general public in parking, standing, loading and unloading, and the use of the streets as affecting business concerns and places of assembly; and
   (g)   Economy in the expenditure of money.
   406.02   CONFORMITY WITH STATE MANUAL.
   All traffic control devices placed pursuant to the provisions of this Traffic Code shall conform to the Ohio Manual and Specifications for a Uniform System of Traffic-Control Devices, as set forth in Ohio R.C. 4511.09.
   406.03     POWERS OF DIRECTOR OF PUBLIC SAFETY.
   The Director of Public Safety is hereby authorized to:
   (a)   Designate any street or highway as a through street or highway and require that all vehicles stop or yield the right-of-way as may be required before entering the same;
   (b)   Designate any intersection as a stop intersection and require all vehicles to stop at one or more entrances to such intersection;
   (c)   Designate any intersection as a yield intersection and require all vehicles to yield the right-of-way as required;
   (d)   Designate any street as a one-way street and require that all vehicles thereon be moved in one specific direction;
   (e)   Designate and mark lanes to be used by traffic moving in a particular direction regardless of the centerline of the roadway;
   (f)   Erect signs directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction;
   (g)   Designate those portions of any street, where overtaking and passing other traffic or driving to the left of the center or centerline of the roadway would be especially hazardous, by appropriate signs or markings on the street to indicate the beginning and end of such zones.  Such zones may be marked by an auxiliary yellow line placed parallel and to the right of the normal centerline or offset marked lane line;
   (h)   Place markers, buttons or signs within or adjacent to intersections and require that a specific course of direction be traveled by vehicles proceeding in lanes by either permitting, prohibiting or requiring turns at such intersections;
   (i)   Install traffic control devices, signals and signs at any location to regulate traffic;
   (j)   Establish safety zones, crosswalks, zones of quiet and play streets;
   (k)   Close any street or portion thereof to vehicular traffic which is in the process of construction, reconstruction or repair;
   (l)   Determine the location of any necessary bus stops and taxicab stands;
   (m)   Determine the location and limiting hours of truck loading zones;
 
2004 Replacement
27   Traffic Control   406.08
   (n)   Designate dangerous railroad crossings and erect stop signs thereat;
   (o)   Erect “No U Turn” signs at any location to prohibit a vehicle from being turned so as to proceed in the opposite direction;
   (p)   Regulate or prohibit the stopping, standing and parking of vehicles on streets, alleys or public property by erecting signs plainly indicating the prohibitions, restrictions or limitations;
   (q)   Designate individual parking spaces by markings, which may either be parallel or at a prescribed angle to the curb or edge of the roadway.
   406.04   POSTING OF SIGNS AND SIGNALS REQUIRED.
   No provision of this chapter shall be effective until signs, signals, markings or other devices giving notice of such local traffic regulations are posted upon or at the entrance to the street or part thereof affected, as may be most appropriate, so that in a proper position they are sufficiently legible to be seen by an ordinarily observant person.
   406.05   DIRECTOR’S POWERS NOT LIMITED.
   The powers of the Director of Public Safety, as set forth in Section 406.01, shall not be limited by the specific enumeration of subjects contained in this chapter.
   406.06   RECORDS OF DIRECTOR.
   The Director of Public Safety shall keep a record of all rules, regulations and proceedings promulgated in connection with this chapter.
   406.07   RESERVATION OF POWER TO COUNCIL.
   Notwithstanding the provisions of this chapter, Council may override any decision of the Director of Public Safety and may assume any of the powers delegated to the Director, by a resolution adopted by a vote of a majority of the members duly elected thereto. Upon the adoption of any such resolution, the same may be changed only by an amending or repealing resolution adopted by Council.
   406.08   VIOLATIONS SUBJECT TO GENERAL CODE PENALTY.
   Any person violating the rules and regulations promulgated in connection with this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties provided for in Sections 408.01 and 408.02.
 
 
 
   2004 Replacement
   TRAFFIC CODE   28
29
   CHAPTER 408
   Penalties
408.01   Penalties for misdemeanor.
408.02   General Code penalty.
408.03   Suspension of driver’s license.
   CROSS REFERENCES
   See section histories for similar State law
   Definition of “imprisoned” - see Ohio R.C. 1.05
   Satisfaction of fine; credit for time served - see Ohio R.C. 2947.14
   Criteria for probation; conditions for probation - see Ohio R.C. 2951.02
   Definition of “dangerous offender” - see GEN. OFF. 698.01
   Definition of “repeat offender” - see GEN. OFF. 698.01
   Imposing sentence for misdemeanor - see GEN. OFF. 698.03
   Organizational penalties - see GEN. OFF. 698.04
   Multiple sentences - see GEN. OFF. 698.05
   408.01   PENALTIES FOR MISDEMEANOR.
   Whoever is convicted of or pleads guilty to a misdemeanor, or minor misdemeanor shall be sentenced in accordance with Section 698.02.
   408.02   GENERAL CODE PENALTY.
   (a)   Whoever violates any provision of this Traffic Code for which no penalty otherwise is provided in the section violated is guilty of one of the following:
      (1)   Except as otherwise provided in division (a)(2) or (a)(3) of this section, a minor misdemeanor;
      (2)   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, a misdemeanor of  the fourth degree;
      (3)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.
         (ORC 4511.99)
   (b)   Violations committed while distracted.
      (1)   As used in this section and each section referenced in division (b)(2) of this section, all of the following apply:
         A.   “Distracted” means doing either of the following while operating a vehicle:
 
   2018-B Replacement
408.02   TRAFFIC CODE   30
            1.   Using a handheld electronic wireless communications device, as defined in Ohio R.C. 4511.204, except when utilizing any of the following:
               a.   The device’s speakerphone function;
               b.   A wireless technology standard for exchanging data over short distances;
               c.   A “voice-operated or hands-free” device that allows the person to use the electronic wireless communications device without the use of either hand except to activate, deactivate, or initiate a feature or function;
               d.   Any device that is physically or electronically integrated into the motor vehicle.
            2.   Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
         B.   “Distracted” does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of Ohio R.C. 4511.84, or any substantially equivalent municipal ordinance.
         C.   “Distracted” does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage, or a circumstance affecting the health or safety of individuals. As used in this division (b)(1)C.:
            1.   “Utility” means an entity specified in Ohio R.C. 4905.03(A), (C), (D), (E), or (G).
            2.   “Utility service vehicle” means a vehicle owned or operated by a utility.
      (2)   If an offender violates Ohio R.C. 4511.03, 4511.051, 4511.12, 4511.121, 4511.132, 4511.21, 4511.211, 4511.213, 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, 4511.44, 4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, or 4511.73, or any substantially equivalent municipal ordinance, while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding Ohio R.C. 2929.28, is subject to an additional fine of not more than $100 as follows:
2018-B Replacement
30A   Penalties   408.02
         A.   1.   Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of the Ohio Revised Code, or any substantially equivalent municipal ordinance, that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation, or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of $100.
            2.   In lieu of payment of the additional fine of $100, the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Ohio Director of Public Safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of $100, so long as the offender submits to the court both the offender’s payment in full and such written evidence.
         B.   1.   If the offender appears in person to contest the ticket, citation, or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than $100.
            2.   If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than $100, the court shall inform the offender that, in lieu of payment of the additional fine of not more than $100, the offender instead may elect to attend the distracted driving safety course described in division (b)(2)A. of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than $100, so long as the offender submits to the court the offender’s payment and such written evidence.
               (ORC 4511.991)
 
   2018-B Replacement
408.03   TRAFFIC CODE   30B
   408.03   SUSPENSION OF DRIVER’S LICENSE.
   Except as otherwise provided in Ohio R.C. 4510.07 or in any other provision of the Revised Code, whenever an offender is convicted of or pleads guilty to a violation of any provision of this Traffic Code that is substantially equivalent to a provision of the Revised Code, and a court is permitted or required to suspend a person’s driver’s or commercial driver’s license or permit for a violation of that provision, a court, in addition to any other penalties authorized by law, may suspend the offender’s driver’s or commercial driver’s
license or permit or nonresident operating privilege for the period of time the court determines appropriate, but the period of suspension imposed for the violation of the provision of this Traffic Code shall not exceed the period of suspension that is permitted or required to be imposed for the violation of the provision of the Revised Code to which the provision of this Traffic Code is substantially equivalent.
(ORC 4510.05)
 
 
 
 
 
 
 
 
2018-B Replacement
31
   TITLE FOUR - Public Ways and Traffic Control Devices
            Chap. 412.  Obstruction and Special Uses of Public Ways.
            Chap. 414.  Traffic Control Devices.
            Chap. 416.  Pedestrians.
   CHAPTER 412
   Obstruction and Special Uses of Public Ways
412.01   Placing injurious material or obstruction in street.
412.02   Zones of quiet.
412.03   Play streets.
412.04   Toy vehicles on roadway.
412.05   Freeway use prohibited by pedestrians, bicycles and animals.
412.99   Penalty.
   CROSS REFERENCES
   See section histories for similar State law
   Power to regulate processions or assemblages - see Ohio R.C. 4511.07
   Loads dropping or leaking; tracking mud; removal required - see TRAF. 440.06
   Selling, washing or repairing vehicle upon roadway - see TRAF. 452.08
   Parking in alleys or narrow streets; exceptions - see TRAF. 452.11
   Sidewalk obstructions; damage or injury - see GEN. OFF. 660.10
                           
   412.01   PLACING INJURIOUS MATERIAL OR OBSTRUCTION IN STREET.
   (a)   (1)   No person shall place or knowingly drop upon any part of a highway, lane, road, street, or alley any tacks, bottles, wire, glass, nails, or other articles which may damage or injure any person, vehicle, or animal traveling along or upon the highway, except such substances that may be placed upon the roadway by proper authority for the repair or construction thereof.
      (2)   Any person who drops or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove the same.
      (3)   Any person authorized to remove a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
      (4)   No person shall place any obstruction in or upon a highway without proper authority.
   (b)   No person, with intent to cause physical harm to a person or a vehicle, shall place or knowingly drop upon any part of a highway, lane, road, street, or alley any tacks,
   2004 Replacement
412.02   TRAFFIC CODE   32
bottles, wire, glass, nails, or other articles which may damage or injure any person, vehicle, or animal traveling along or upon such highway, except such substances that may be placed upon the roadway by proper authority for the repair or construction thereof.
(ORC 4511.74(A), (B))
   (c)   (1)   Except as otherwise provided in this division, whoever violates division (a) of 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  division (a) of 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 division (a) is guilty of a misdemeanor of the third degree.
      (2)   Whoever violates division (b) of this section is guilty of a misdemeanor of the first degree.
         (ORC 4511.74(C))
   412.02   ZONES OF QUIET.
   Whenever authorized signs are erected indicating a zone of quiet, no person operating a vehicle within any such zone shall sound the horn or other warning device of such vehicle except in an emergency.
   412.03   PLAY STREETS.
   Whenever authorized signs are erected indicating that any street or part thereof is a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area and then such drivers shall exercise the greatest care in driving upon any such street or portion thereof.
   412.04   TOY VEHICLES ON ROADWAY.
   No person riding upon any coaster, roller skates, sled, toy vehicle or other similar device shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.  This section shall not apply to any street set aside as a play street.
   412.05   FREEWAY USE PROHIBITED BY PEDESTRIANS, BICYCLES AND ANIMALS.
   (a)   No person, unless otherwise directed by a police officer, shall:
      (1)   As a pedestrian, occupy any space within the limits of the right-of-way of a freeway, except:  in a rest area; on a facility that is separated from the roadway and shoulders of the freeway and is designed and appropriately marked for pedestrian use; in the performance of public works or official
2004 Replacement
33   Obstruction and Special Uses of Public Ways   412.99
         duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle; or to obtain assistance.
      (2)   Occupy any space within the limits of the right-of-way of a freeway, with: an animal-drawn vehicle; a ridden or led animal; herded animals; a pushcart; a bicycle, except on a facility that is separated from the roadway and shoulders of the freeway and is designed and appropriately marked for bicycle use; an electric bicycle; a bicycle with motor attached; a motor- driven cycle with a motor which produces not to exceed five brake horsepower; an agricultural tractor; farm machinery; except in the performance of public works or official duties.
   (b)   Except as otherwise provided in this division, 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.
   (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 408.02(b).
(ORC 4511.051)
   412.99   PENALTY.
   (EDITOR’S NOTE:  See Sections 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)
 
 
 
 
   2018-B Replacement
   TRAFFIC CODE   34
35
   CHAPTER 414
   Traffic Control Devices
414.01   Obedience to traffic control devices.
414.02   Through streets; stop and yield right- of-way signs.
414.03   Traffic control signal terms and lights.
414.04   Signal to control lane direction of travel.
414.05   Pedestrian control signals.
414.06   Flashing traffic signals.
414.07   Unauthorized signs and signals, hiding from view, advertising.
414.08   Alteration, injury, removal of traffic control devices.
414.09   Unauthorized possession or sale of devices.
414.10   Signal preemption devices.
414.99   Penalty.
   CROSS REFERENCES
   See section histories for similar State law
   Designation of through streets or stop intersections - see Ohio R.C. 4511.07, 4511.65
   Traffic law photo-monitoring devices, state regulations, see R.C. 4511.092 et seq.
   Uniform system of traffic control devices - see Ohio R.C. 4511.09, 4511.11; TRAF.
      406.02
   Placing and maintaining local traffic control devices - see Ohio R.C. 4511.10, 4511.11
   Traffic control devices defined - see TRAF. 402.48
   Authority and considerations for placing of devices - see TRAF. 406.01
   Posting of signs and signals required - see TRAF. 406.04
   Intersections at which traffic control signals fail or malfunction - see TRAF. 432.155    Criminal mischief (tampering) - see GEN. OFF. 642.11
   414.01   OBEDIENCE TO TRAFFIC CONTROL DEVICES.
   (a)   (1)   No pedestrian or driver of a vehicle shall disobey the instructions of any traffic-control device placed in accordance with the provisions of this Traffic Code, unless at the time otherwise directed by a police officer.
      (2)   No provision of this Traffic Code for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.  Whenever a particular section of this Traffic Code does not state that signs are required, that section shall be effective even though no signs are erected or in place.
         (ORC 4511.12(A))
   (b)   (1)   Except as provided in division (c) of this section, any operator of a commercial motor vehicle, upon approaching a scale location established for the purpose of determining the weight of the vehicle and its load, shall comply with any traffic control device or the order of a peace officer directing the vehicle to proceed to be weighed or otherwise inspected.
   2015-A Replacement
414.01   TRAFFIC CODE   36
      (2)   Any operator of a commercial motor vehicle, upon bypassing a scale location in accordance with division (c) of this section, shall comply with an order of a peace officer to stop the vehicle to verify the use and operation of an electronic clearance device.
   (c)   Any operator of a commercial motor vehicle that is equipped with an electronic clearance device authorized by the Superintendent of the State Highway Patrol under Ohio R.C. 4549.081 may bypass a scale location, regardless of the instruction of a traffic control device to enter the scale facility, if either of the following apply:
      (1)   The in-cab transponder displays a green light or other affirmative visual signal and also sounds an affirmative audible signal;
      (2)   Any other criterion established by the Superintendent of the State Highway Patrol is met.
   (d)   Any peace officer may order the operator of a commercial motor vehicle that bypasses a scale location to stop the vehicle to verify the use and operation of an electronic clearance device.
   (e)   As used in this section, “commercial motor vehicle” means any combination of vehicles with a gross vehicle weight rating or an actual gross vehicle weight of more than 10,000 pounds if the vehicle is used in interstate or intrastate commerce to transport property and also means any vehicle that is transporting hazardous materials for which placarding is required pursuant to 49 C.F.R. Parts 100 to 180.
(ORC 4511.121(A)-(C), (E))
   (f)   No person shall use an electronic clearance device if the device or its use is not in compliance with rules of the Superintendent of the State Highway Patrol.
(ORC 4549.081(B))
   (g)   (1)   Except as otherwise provided in this division, whoever violates division (a) of 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 division (a) of 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 division (a) of 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 408.02(b).
         (ORC 4511.12(B))
      (2)   Whoever violates division (b) of 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 a violation of division (b) of this section or any substantially equivalent state law or municipal ordinance,
2018-B Replacement
36A   Traffic Control Devices   414.02
         whoever violates division (b) of 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 or pleaded guilty to two or more violations of division (b) of this section or any substantially equivalent state law or municipal ordinance, whoever violates division (b) of 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 408.02(b).
         (ORC 4511.121(D)) 
      (3)   Whoever violates division (f) of this section is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.
         (ORC 4549.081(C))
   414.02   THROUGH STREETS; STOP AND YIELD RIGHT-OF-WAY SIGNS.
   (a)   All state routes are hereby designated as through highways, provided that stop signs, yield signs, or traffic-control signals shall be erected at all intersections with such through highways by the Department of Transportation as to highways under its jurisdiction and by local authorities as to highways under their jurisdiction, except as otherwise provided in this section.  Where two or more state routes that are through highways intersect, and no traffic-control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto by the Department or by local authorities having jurisdiction, except as otherwise provided in this section.  Whenever the Director of Transportation determines on the basis of an engineering and traffic investigation that stop signs are necessary to stop traffic on a through highway for safe and efficient operation, nothing in this section shall be construed to prevent such installations.  When circumstances warrant, the Director also may omit stop signs on roadways intersecting through highways under his or her jurisdiction.  Before the Director either installs or removes a stop sign under this division, he or she shall give notice, in writing, of that proposed action to the affected local authority at least 30 days before installing or removing the stop sign.
   (b)   Other streets or highways, or portions thereof, are hereby designated as through highways if they are within the Municipality, if they have a continuous length of more than one mile between the limits of the street or highway or portion thereof, and if they have stop or yield signs or traffic-control signals at the entrances of the majority of intersecting streets or highways.  For purposes of this section, the limits of the street or highway, or portion thereof, shall be the municipal corporation line, the physical terminus of the street or highway, or any point on the streets or highway at which vehicular traffic thereon is required by regulatory signs to stop or yield to traffic on the intersecting street, provided, that in residence districts, the Municipality may by ordinance designate such street or highway, or portion thereof, not to be a through highway and thereafter the
   2018-B Replacement
414.02   TRAFFIC CODE   36B
affected residence district shall be indicated by official traffic-control devices.  Where two or more through highways designated under this division intersect and no traffic-control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto by the Department or by local authorities having jurisdiction, except as otherwise provided in this section.
   (c)   The Department or local authorities having jurisdiction need not erect stop signs at intersections they find to be so constructed as to permit traffic to safely enter a through highway without coming to a stop.  Signs shall be erected at such intersections indicating that the operator of a vehicle shall yield the right-of-way to or merge with all traffic proceeding on the through highway.
 
 
 
 
 
 
 
 
2018-B Replacement
37   Traffic Control Devices   414.03
   (d)   Local authorities, with reference to highways under their jurisdiction, may designate additional through highways, and shall erect stop signs, yield signs, or traffic-control signals at all streets and highways intersecting such through highways, or may designate any intersection as a stop or yield intersection, and shall erect like signs at one or more entrances to the intersection.
(ORC 4511.65)
   414.03   TRAFFIC CONTROL SIGNAL TERMS AND LIGHTS.
   Highway traffic signal indications for vehicles and pedestrians shall have the following meanings:
   (a)   Steady Green Signal Indication.
      (1)   A.   Vehicular traffic facing a circular green signal indication is permitted to proceed straight through or turn right or left or make a u-turn movement except as such movement is modified by a lane-use sign, turn prohibition sign, lane marking, roadway design, separate turn signal indication, or other traffic control device. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:
            1.   Pedestrians lawfully within an associated crosswalk;
            2.   Other vehicles lawfully within the intersection.
         B.   In addition, vehicular traffic turning left or making a u-turn movement to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
      (2)   Vehicular traffic facing a green arrow signal indication, displayed alone or in combination with another signal indication, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:
         A.   Pedestrians lawfully within an associated crosswalk;
         B.   Other traffic lawfully using the intersection.
      (3)   A.   Unless otherwise directed by a pedestrian signal indication, as provided in Ohio R.C. 4511.14, pedestrians facing a circular green signal indication are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection or so close as to create an immediate hazard at the time that the green signal indication is first displayed.
         B.   Pedestrians facing a green arrow signal indication, unless otherwise directed by a pedestrian signal indication or other traffic control device, shall not cross the roadway.
   2012-A Replacement
414.03   TRAFFIC CODE   38
   (b)   Steady Yellow Signal Indication.
      (1)   Vehicular traffic facing a steady circular yellow signal indication is thereby warned that the related green movement or the related flashing arrow movement is being terminated or that a steady red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady circular yellow signal indication is displayed.
      (2)   Vehicular traffic facing a steady yellow arrow signal indication is thereby warned that the related green arrow movement or the related flashing arrow movement is being terminated. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady yellow arrow signal indication is displayed.
      (3)   Pedestrians facing a steady circular yellow or yellow arrow signal indication, unless otherwise directed by a pedestrian signal indication as provided in Ohio R.C. 4511.14 or other traffic control device, shall not start to cross the roadway.
   (c)   Steady Red Signal Indication.
      (1)   A.   Vehicular traffic facing a steady circular red signal indication, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal indication to proceed is displayed except as provided in divisions (c)(1), (c)(2), and (c)(3) of this section.
         B.   Except when a traffic control device is in place prohibiting a turn on red or a steady red arrow signal indication is displayed, vehicular traffic facing a steady circular red signal indication is permitted, after stopping, to enter the intersection to turn right, or to turn left from a one-way street into a one-way street. The right to proceed with the turn shall be subject to the provisions that are applicable after making a stop at a stop sign.
      (2)   A.   Vehicular traffic facing a steady red arrow signal indication shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal indication or other traffic control device permitting the movement indicated by such red arrow is displayed.
         B.   When a traffic control device is in place permitting a turn on a steady red arrow signal indication, vehicular traffic facing a steady red arrow
2013-A Replacement
39   Traffic Control Devices   414.03
            indication is permitted, after stopping, to enter the intersection to turn right, or to turn left from a one-way street into a one-way street. The right to proceed with the turn shall be limited to the direction indicated by the arrow and shall be subject to the provisions that are applicable after making a stop at a stop sign.
      (3)   Unless otherwise directed by a pedestrian signal indication as provided in Ohio R.C. 4511.14 or other traffic control device, pedestrians facing a steady circular red or steady red arrow signal indication shall not enter the roadway.
      (4)   Local authorities by ordinance, or the Director of Transportation on state highways, may prohibit a right or a left turn against a steady red signal at any intersection, which shall be effective when signs giving notice thereof are posted at the intersection.
   (d)   Flashing Green Signal Indication.  A flashing green signal indication has no meaning and shall not be used.
   (e)   Flashing Yellow Signal Indication.
      (1)   A.   Vehicular traffic, on an approach to an intersection, facing a flashing circular yellow signal indication, is permitted to cautiously enter the intersection to proceed straight through or turn right or left or make a u-turn movement except as such movement is modified by lane-use signs, turn prohibition signs, lane markings, roadway design, separate turn signal indications, or other traffic control devices. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:
            1.   Pedestrians lawfully within an associated crosswalk;
            2.   Other vehicles lawfully within the intersection.
         B.   In addition, vehicular traffic turning left or making a u-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
      (2)   A.   Vehicular traffic, on an approach to an intersection, facing a flashing yellow arrow signal indication, displayed alone or in combination with another signal indication, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or other such movement as is permitted by other signal indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u-turn, shall yield the right-of-way to both of the following:
            1.   Pedestrians lawfully within an associated crosswalk;
            2.   Other vehicles lawfully within the intersection.
         B.   In addition, vehicular traffic turning left or making a u-turn to the left shall yield the right-of-way to other vehicles approaching from the
   2013-A Replacement
414.03   TRAFFIC CODE   40
            opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
      (3)   Pedestrians facing any flashing yellow signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing yellow signal indication is first displayed.
      (4)   When a flashing circular yellow signal indication is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory or warning requirements of the other traffic control device, which might not be applicable at all times, are currently applicable.
   (f)   Flashing Red Signal Indication.
      (1)   Vehicular traffic, on an approach to an intersection, facing a flashing circular red signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the provisions that are applicable after making a stop at a stop sign.
      (2)   Pedestrians facing any flashing red signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing red signal indication is first displayed.
      (3)   When a flashing circular red signal indication is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory requirements of the other traffic control device, which might not be applicable at all times, are currently applicable. Use of this signal indication shall be limited to supplementing stop, do not enter, or wrong way signs, and to applications where compliance with the supplemented traffic control device requires a stop at a designated point.
   (g)   In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
2012-A Replacement
40A   Traffic Control Devices   414.05
   (h)   This section does not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by Ohio R.C. 4511.61 and 4511.62.
      (ORC 4511.13)
   414.04   SIGNAL TO CONTROL LANE DIRECTION OF TRAVEL.
   The meanings of lane-use control signal indications are as follows:
   (a)   A Steady Downward Green Arrow.  A road user is permitted to drive in the lane over which the arrow signal indication is located.
   (b)   A Steady Yellow “X”. A road user is to prepare to vacate the lane over which the signal indication is located because a lane control change is being made to a steady red “X” signal indication.
   (c)   A Steady White Two-Way Left-Turn Arrow.  A road user is permitted to use a lane over which the signal indication is located for a left turn, but not for through travel, with the understanding that common use of the lane by oncoming road users for left turns also is permitted.
   (d)   A Steady White One-Way Left-Turn Arrow. A road user is permitted to use a lane over which the signal indication is located for a left turn, without opposing turns in the same lane, but not for through travel.
   (e)   A Steady Red “X”. A road user is not permitted to use the lane over which the signal indication is located and that this signal indication shall modify accordingly the meaning of other traffic controls present.
       (ORC 4511.131)
   414.05   PEDESTRIAN CONTROL SIGNALS.
   Whenever special pedestrian-control signals exhibiting the words “walk” or “don’t walk,” or the symbol of a walking person or an upraised palm are in place, these signals shall indicate the following instructions:
   (a)   A steady walking person signal indication, which symbolizes “walk”, means that a pedestrian facing the signal indication is permitted to start to cross the roadway in the direction of the signal indication, possibly in conflict with turning vehicles. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the time that the walking person signal indication is first shown.
   (b)   A flashing upraised hand signal indication, which symbolizes “don't walk”, means that a pedestrian shall not start to cross the roadway in the direction of the signal indication, but that any pedestrian who has already started to cross on a steady walking person signal indication shall proceed to the far side of the traveled way of the street or highway, unless otherwise directed by a traffic control device to proceed only to the median of a divided highway or only to some other island or pedestrian refuge area.
   (c)   A steady upraised hand signal indication means that a pedestrian shall not enter the roadway in the direction of the signal indication.
   2012-A Replacement
414.06   TRAFFIC CODE   40B
   (d)   Nothing in this section shall be construed to invalidate the continued use of pedestrian control signals utilizing the word “wait” if those signals were installed prior to March 28, 1985.
   (e)   A flashing walking person signal indication has no meaning and shall not be used.
      (ORC 4511.14)
   414.06   FLASHING TRAFFIC SIGNALS.
   (EDITOR’S NOTE:  Section 414.06 was repealed as part of the 2012-A supplement to this Code of Ordinances because substantially equivalent State law (Ohio R.C. 4511.15) was repealed by the Ohio General Assembly.
   414.07   UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW, ADVERTISING.
   (a)   (1)   No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be, is an imitation of, or resembles a traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or hides from view or interferes with the effectiveness of any traffic-control device or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit, upon any highway any traffic sign or signal bearing thereon any commercial advertising.  This section does not prohibit either the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for traffic-control devices, or the erection upon private property of traffic-control devices by the owner of real property in accordance with Ohio R.C. 4511.211 and 4511.432.
      (2)   Every prohibited sign, signal, marking, or device is a public nuisance, and the authority having jurisdiction over the highway may remove the same or cause it to be removed.
   (b)   Except as otherwise provided in this division, 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.
(ORC 4511.16)
 
2012-A Replacement
40C   Traffic Control Devices   414.08
   414.08   ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL DEVICES.
   (a)   No person, without lawful authority, shall do any of the following:
      (1)   Knowingly move, deface, damage, destroy, or otherwise improperly tamper with any traffic-control device, any railroad sign or signal, or any inscription, shield, or insignia on the device, sign, or signal, or any part of the device, sign, or signal;
      (2)   Knowingly drive upon or over any freshly applied pavement marking material on the surface of a roadway while the marking material is in an undried condition, and is marked by flags, markers, signs, or other devices intended to protect it;
      (3)   Knowingly move, damage, destroy, or otherwise improperly tamper with a manhole cover.
 
 
 
 
 
 
 
 
   2012-A Replacement
   TRAFFIC CODE   40D
41   Traffic Control Devices   414.09
   (b)   (1)   Except as otherwise provided in this division, whoever violates division (a)(1) or (3) of this section is guilty of a misdemeanor of the third degree.  If a violation of division (a)(1) or (3) of this section creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first degree.  If a  violation of division (a)(1) or (3) of this section causes serious physical harm to property that is owned, leased, or controlled by a State or local authority, the offender is guilty of a felony to be prosecuted under appropriate State law.
      (2)   Except as otherwise provided in this division, whoever violates division (a)(2) of 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 division (a)(2) of 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 division (a)(2) of this section is guilty of a misdemeanor of the third degree.
         (ORC 4511.17)
   414.09   UNAUTHORIZED POSSESSION OR SALE OF DEVICES.
   (a)   As used in this section, “traffic control device” means any sign, traffic control signal or other device conforming to and placed or erected in accordance with the manual adopted under Ohio R.C. 4511.09 by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic, including signs denoting the names of streets and highways, but does not mean any pavement marking.
   (b)   No individual shall buy or otherwise possess, or sell, a traffic control device, except when one of the following applies:
      (1)   In the course of the individual’s employment by the State or a local authority for the express or implied purpose of manufacturing, providing, erecting, moving or removing such a traffic control device;
      (2)   In the course of the individual’s employment by any manufacturer of traffic control devices other than a State or local authority;
      (3)   For the purpose of demonstrating the design and function of a traffic control device to State or local officials;
      (4)   When the traffic control device has been purchased from the State or a local authority at a sale of property that is no longer needed or is unfit for use; or
      (5)   When the traffic control device has been properly purchased from a manufacturer for use on private property and the person possessing the device has a sales receipt for the device or other acknowledgment of sale issued by the manufacturer.
 
   2004 Replacement
414.10   TRAFFIC CODE   42
   (c)   This section does not preclude, and shall not be construed as precluding, prosecution for theft in violation of Ohio R.C. 2913.02, or a substantially equivalent municipal ordinance, or for receiving stolen property in violation of Ohio R.C. 2913.51, or a substantially equivalent municipal ordinance.
   (d)   Whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.18)
   414.10   SIGNAL PREEMPTION DEVICES; PROHIBITIONS.
   (a)   (1)   No person shall possess a portable signal preemption device.
      (2)   No person shall use a portable signal preemption device to affect the operation of a traffic-control device.
   (b)   Division (a)(1) of this section does not apply to any of the following persons and division (a)(2) of this section does not apply to any of the following persons when responding to an emergency call:
      (1)   A peace officer, as defined in Ohio R.C. 109.17(A)(1), (A)(12), (A)(14), or (A)(19);
      (2)   A State highway patrol officer;
      (3)   A person while occupying a public safety vehicle as defined in Ohio R.C. 4511.01(E)(1), (E)(3), or (E)(4).
   (c)   Whoever violates division (a)(1) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (a)(2) of this section is guilty of a misdemeanor of the first degree.
   (d)   As used in this section, “portable signal preemption device” means a device that, if activated by a person, is capable of changing a traffic-control signal to green out of sequence.
(ORC 4511.031)
   414.99   PENALTY.
   (EDITOR’S NOTE:  See Sections 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)
2015-A Replacement
43
   CHAPTER 416
   Pedestrians
416.01   Duties of pedestrians and drivers at crosswalks.
416.02   Right-of-way of blind person.
416.03   Right-of-way yielded by pedestrian; crossing roadways.
416.04   Moving in crosswalks.
416.05   Walking on sidewalks and streets.
416.06   Soliciting rides or business; riding on outside of vehicle or in cargo storage area.
416.07   Passing through bridge signals  or railroad barriers.
416.08   Right-of-way of public safety vehicles.
416.09   Right-of-way on sidewalks.
416.10   Intoxication.
416.11   Motorized wheelchair operators.
416.12   Operation of electric personal assistive mobility devices.
416.13   Operation of personal delivery device on sidewalks and crosswalks.
416.99   Penalty.
 
   CROSS REFERENCES
   See section histories for similar State law
   Pedestrians prohibited on freeways - see TRAF. 412.05
   Obedience to traffic control devices - see TRAF. 414.01
   Pedestrian control signals - see TRAF. 414.05
   Opening doors on side available to traffic - see TRAF. 452.07
   Design standards for pedestrian facilities - see P. & Z. 1298.08(d)(4)
   416.01   DUTIES OF PEDESTRIANS AND DRIVERS AT CROSSWALKS.
   (a)   When traffic-control signals are not in place, not in operation, or are not clearly assigning the right-of-way, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, or if required by Ohio R.C. 4511.132 or a substantially equivalent municipal ordinance, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
   (b)   No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
   (c)   Division (a) of this section does not apply under the conditions stated in Ohio R.C. 4511.48(B), or a substantially equivalent municipal ordinance.
   (d)   Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
   2018-B Replacement
416.02   TRAFFIC CODE   44
   (e)   Except as otherwise provided in this division, 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.
   (f)   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 408.02(b).
(ORC 4511.46)
   416.02   RIGHT-OF-WAY OF BLIND PERSON.
   (a)   (1)   As used in this section “blind person” or “blind pedestrian” means a person having not more than 20/200 visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200, but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20°.
      (2)   The driver of every vehicle shall yield the right-of-way to every blind pedestrian guided by a guide dog, or carrying a cane which is predominantly white or metallic in color, with or without a red tip.
   (b)   No person, other than a blind person, while on any public highway, street, alley, or other public thoroughfare, shall carry a white or metallic cane, with or without a red tip.
   (c)   Except as otherwise provided in this division, 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.
   (d)   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 408.02(b).
(ORC 4511.47)
   416.03   RIGHT-OF-WAY YIELDED BY PEDESTRIAN; CROSSING ROADWAYS.
   (a)   Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
2018-B Replacement
45   Pedestrians   416.05
   (b)   Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all traffic upon the roadway.
   (c)   Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
   (d)   No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
   (e)   This section does not relieve the operator of a vehicle from exercising due care to avoid colliding with any pedestrian upon any roadway.
   (f)   Except as otherwise provided in this division, 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.
(ORC 4511.48)
   416.04   MOVING IN CROSSWALKS.
   (a)   Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
   (b)   Except as otherwise provided in this division, 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.
(ORC 4511.49)
   416.05   WALKING ON SIDEWALKS AND STREETS.
   (a)   Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
   (b)   Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
   2004 Replacement
416.06   TRAFFIC CODE   46
 
   (d)   Except as otherwise provided in Ohio R.C. 4511.13 and 4511.46, or any substantially equivalent municipal ordinances, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
   (e)   Except as otherwise provided in this division, 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.
(ORC 4511.50)
   416.06   SOLICITING RIDES OR BUSINESS; RIDING ON OUTSIDE OF VEHICLE OR IN CARGO STORAGE AREA.
   (a)   No person while on a roadway outside a safety zone shall solicit a ride from the driver of any vehicle.
   (b)   (1)   Except as provided in division (b)(2) of this section, no person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.
      (2)   The Council, by ordinance, may authorize the issuance of a permit to a charitable organization to allow a person acting on behalf of the organization to solicit charitable contributions from the occupant of a vehicle by standing on a highway, other than a freeway as provided in Ohio R.C. 4511.051(A), that is under the jurisdiction of the Municipality.  The permit shall be valid for only one period of time, which shall be specified in the permit, in any calendar year.  The Council also may specify the locations where contributions may be solicited and may impose any other restrictions on or requirements regarding the manner in which the solicitations are to be conducted that the Council considers advisable.
      (3)   As used in divisions (b)(2) of this section, “charitable organization” means an organization that has received from the Internal Revenue Service a currently valid ruling or determination letter recognizing the tax-exempt status of the organization pursuant to Internal Revenue Code 501(c)(3).
   (c)   No person shall hang onto or ride on the outside of any motor vehicle while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.
   (d)   No operator shall knowingly permit any person to hang onto or ride on the outside of any motor vehicle while it is moving upon a roadway, except mechanics or test
2018-B Replacement
47   Pedestrians   416.07
engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.
   (e)   No driver of a truck, trailer, or semitrailer shall knowingly permit any person who has not attained the age of 16 years to ride in the unenclosed or unroofed cargo storage area of the driver’s vehicle if the vehicle is traveling faster than 25 miles per hour, unless either of the following applies:
      (1)   The cargo storage area of the vehicle is equipped with a properly secured seat to which is attached a seat safety belt that is in compliance with Federal standards for an occupant restraining device as defined in Ohio R.C. 4513.263(A)(2), the seat and seat safety belt were installed at the time the vehicle was originally assembled, and the person riding in the cargo storage area is in the seat and is wearing the seat safety belt; or
      (2)   An emergency exists that threatens the life of the driver or the person being transported in the cargo storage area of the truck, trailer, or semitrailer.
   (f)   No driver of a truck, trailer, or semitrailer shall permit any person, except for those workers performing specialized highway or street maintenance or construction under authority of a public agency, to ride in the cargo storage area or on a tailgate of the driver’s vehicle while the tailgate is unlatched.
   (g)   (1)   Except as otherwise provided in this division, whoever violates any provision of divisions (a) to (d) of 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 any provision of divisions (a) to (d) of 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 any provision of divisions (a) to (d) of this section is guilty of a misdemeanor of the third degree.
      (2)   Whoever violates division (e) or (f) of this section is guilty of a minor misdemeanor.
         (ORC 4511.51)
   416.07   PASSING THROUGH BRIDGE SIGNALS OR RAILROAD BARRIERS.
   (a)   No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.
   (b)   No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.
   (c)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously
   2018-B Replacement
416.08   TRAFFIC CODE   48
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.
(ORC 4511.511)
   416.08   RIGHT-OF-WAY OF PUBLIC SAFETY VEHICLES.
   (a)   Upon the immediate approach of a public safety vehicle, as stated in Ohio R.C. 4511.45 or a substantially equivalent municipal ordinance, every pedestrian shall yield the right- of-way to the public safety vehicle.
   (b)   This section shall not relieve the driver of a public safety vehicle from the duty to exercise due care to avoid colliding with any pedestrian.
   (c)   Except as otherwise provided in this division, 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.
(ORC 4511.452)
   416.09   RIGHT-OF-WAY ON SIDEWALKS.
   (a)   The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.
   (b)   Except as otherwise provided in this division, 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.
   (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 408.02(b).
(ORC 4511.441)
   416.10   INTOXICATION.
   (a)   A pedestrian who is under the influence of alcohol, any drug of abuse, or any combination of them, to a degree that renders the pedestrian a hazard shall not walk or be upon a highway.
2018-B Replacement
49   Pedestrians   416.12
   (b)   Except as otherwise provided in this division, 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.
(ORC 4511.481)
   416.11   MOTORIZED WHEELCHAIR OPERATORS.
   Every person operating a motorized wheelchair shall have all of the rights and duties applicable to a pedestrian that are contained in this chapter, except those provisions which by their nature can have no application.
(ORC 4511.491)
   416.12   OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
   (a)   (1)   Electric personal assistive mobility devices may be operated on the public streets, highways, sidewalks, and paths and portions of roadways set aside for the exclusive use of bicycles in accordance with this section.
      (2)   Except as otherwise provided in this section, those sections of this Traffic Code that by their nature are applicable to an electric personal assistive mobility device apply to the device and the person operating it whenever it is operated upon any public street, highway, sidewalk, or path or upon any portion of a roadway set aside for the exclusive use of bicycles.
      (3)   The Municipality may regulate or prohibit the operation of electric personal assistive mobility devices on public streets, highways, sidewalks, and paths, or portions of roadways set aside for the exclusive use of bicycles, under its jurisdiction.
   (b)   No operator of an electric personal assistive mobility device shall do any of the following:
      (1)   Fail to yield the right-of-way to all pedestrians and human-powered vehicles at all times;
      (2)   Fail to give an audible signal before overtaking and passing a pedestrian;
      (3)   Operate the device at night unless the device or its operator is equipped with or wearing both of the following:
         A.   A lamp pointing to the front that emits a white light visible from a distance of not less than 500 feet;
         B.   A red reflector facing the rear that is visible from all distances from 100 feet to 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle;
      (4)   Operate the device on any portion of a street or highway that has an established speed limit of 55 miles per hour or more;
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      (5)   Operate the device upon any path set aside for the exclusive use of pedestrians or other specialized use when an appropriate sign giving notice of the specialized use is posted on the path;
      (6)   If under 18 years of age, operate the device unless wearing a protective helmet on the person’s head with the chin strap properly fastened;
      (7)   If under 16 years of age, operate the device unless, during the operation, the person is under the direct visual and audible supervision of another person who is 18 years of age or older and is responsible for the immediate care of the person under 16 years of age.
   (c)   No person who is under 14 years of age shall operate an electric personal assistive mobility device.
   (d)   No person shall distribute or sell an electric personal assistive mobility device unless the device is accompanied by a written statement that is substantially equivalent to the following: “WARNING: TO REDUCE THE RISK OF SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT – HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS.”
   (e)   Nothing in this section affects or shall be construed to affect any rule of the Director of Natural Resources or a board of park district commissioners governing the operation of vehicles on lands under the control of the Director or board, as applicable.
   (f)   Penalty.
      (1)   Whoever violates division (b) or (c) of this section is guilty of a minor misdemeanor and shall be punished as follows:
         A.   The offender shall be fined $10;
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of division (b) or (c) of this section, or any substantially equivalent state law or municipal ordinance, the court, in addition to imposing the fine required under division (f)(1)A. of this section, shall do one of the following:
            1.   Order the impoundment for not less than one day but no more than 30 days of the electric personal assistive mobility device that was involved in the current violation of that division.  The court shall order the device to be impounded at a safe indoor location
               designated by the court and may assess storage fees of not more than $5 per day; provided the total storage, processing, and release fees assessed against the offender or the device in connection with the device’s impoundment or subsequent release shall not exceed $50.
            2.   If the court does not issue an impoundment order pursuant to division (f)(1)B.1. of this section, issue an order prohibiting the
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               offender from operating any electric personal assistive mobility device on the public streets, highways, sidewalks, and paths and portions of roadways set aside for the exclusive use of bicycles for not less than one day but not more than 30 days.
      (2)   Whoever violates division (d) of this section is guilty of a minor misdemeanor.
         (ORC 4511.512)
   (g)   As used in this Code, “electric personal assistive mobility device” means a self- balancing two non-tandem wheeled device that is designed to transport only one person, has an electric propulsion system of an average of 750 watts, and when ridden on a paved level surface by an operator who weighs 170 pounds has a maximum speed of less than 20 miles per hour.
(ORC 4501.01(TT))
   416.13   OPERATION OF PERSONAL DELIVERY DEVICE ON SIDEWALKS AND CROSSWALKS.
   (a)   As used in this section:
      (1)   “Eligible entity.” Means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.
      (2)   “Personal delivery device.” Means an electrically powered device to which all of the following apply:
         A.   The device is intended primarily to transport property on sidewalks and crosswalks.
         B.   The device weighs less than 90 pounds excluding any property being carried in the device.
         C.   The device has a maximum speed of ten miles per hour.
         D.   The device is equipped with technology that enables the operation of the device with active control or monitoring by a person, without active control or monitoring by a person, or both with or without active control or monitoring by a person.
      (3)   “Personal delivery device operator.” Means an agent of an eligible entity who exercises direct physical control over, or monitoring of, the navigation and operation of a personal delivery device. The phrase does not include, with respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service. The phrase also does not include a person who only arranges for and dispatches a personal delivery device for a delivery or other service.
   (b)   An eligible entity may operate a personal delivery device on sidewalks and crosswalks so long as all of the following requirements are met:
      (1)   The personal delivery device is operated in accordance with all regulations, if any, established by each local authority within which the personal delivery device is operated.
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      (2)   A personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device.
      (3)   The eligible entity maintains an insurance policy that includes general liability coverage of not less than $100,000 for damages arising from the operation of the personal delivery device by the eligible entity and any agent of the eligible entity.
      (4)   The device is equipped with all of the following:
         A.   A marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device and a unique identification number;
         B.   A braking system that enables the personal delivery device to come to a controlled stop;
         C.   If the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible in clear weather from a distance of at least 500 feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle.
   (c)   No personal delivery device operator shall allow a personal delivery device to do any of the following:
      (1)   Fail to comply with traffic or pedestrian control devices and signals;
      (2)   Unreasonably interfere with pedestrians or traffic;
      (3)   Transport any hazardous material that would require a permit issued by the Public Utilities Commission;