CHAPTER 404: ENFORCEMENT; IMPOUNDING
Section
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-reference:
   Dereliction of duty, see GEN. OFF. 606.19
   Disposition of property held by Police Department, see GEN. OFF. 606.24
   Exceptions for emergency or public safety vehicles, see TRAF. 432.18, 434.06
   Failure to aid a law enforcement officer, see GEN. OFF. 606.13
   Limitation on criminal prosecutions, see GEN. OFF. 606.06
   Obstructing justice, see GEN. OFF. 606.15
   Obstructing official business, see GEN. OFF. 606.14
   Parking violations waiver, see TRAF. 452.15
   Resisting arrest, see GEN. OFF. 606.16
   Soliciting or receiving improper compensation, see GEN. OFF. 606.18
   Suspension of riding privileges; impounding of bicycles, see TRAF. 474.10
Statutory reference:
   Similar state law, see section histories
   Arrest without warrant for misdemeanor, see Ohio R.C. 2935.03
   Authority of arresting officer when radar, electrical or mechanical timing device used, see Ohio R.C. 4511.091
   Burden of proof, see Ohio R.C. 2901.05
   Discharge for delay in trial, see Ohio R.C. 2945.73
   Disposition of unclaimed vehicles, see Ohio R.C. 737.32, 4513.61 et seq.
   Distinctive uniform required for traffic officers, see Ohio R.C. 4549.15
   Extension of time for hearing or trial, see Ohio R.C. 2945.72
   Marking motor vehicles used by traffic officers, see Ohio R.C. 4549.13
   Power of trial court of record to suspend or revoke license for certain violations, see Ohio R.C. 4510.05, 4510.15
   Right of trial by jury, see Ohio R.C. 2945.17
   State point system suspension, see Ohio R.C. 4510.037
   Time within which hearing or trial must be held, see Ohio R.C. 2945.71
   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
§ 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 § 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.
      (2)   This section does not exempt a driver of a vehicle who is not a state employee and who is engaged in the transport of highway maintenance equipment from criminal liability for a violation of R.C. §§ 5577.01 through 5577.09, or any substantially equivalent municipal ordinance.
   (d)   As used in this section, “engaged in the performance of official duties” includes driving a highway maintenance vehicle to and from the manufacturer or vehicle maintenance provider and transporting a highway maintenance vehicle, equipment, or materials to and from a work location.
(R.C. § 4511.04)
§ 404.035 EMERGENCY, PUBLIC SAFETY AND CORONERS’ VEHICLES EXCEPTED.
   (a)   The provisions of Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.202, 4511.21, 4511.211, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62, 4511.66, 4511.68, 4511.681, and 4511.69, and any substantially equivalent 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)
Loading...