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Lakewood Overview
Lakewood, OH Code of Ordinances
Codified Ordinances of the City of Lakewood, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 32-00
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
TITLE ONE - Administration
TITLE THREE - Streets and Traffic Control Devices
TITLE FIVE - Vehicles.
CHAPTER 331 Operation Generally
331.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
331.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.
331.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
331.04 OVERTAKING AND PASSING UPON RIGHT.
331.05 OVERTAKING, PASSING TO LEFT OF CENTER.
331.06 ADDITIONAL RESTRICTIONS ON DRIVING UPON LEFT SIDE OF ROADWAY.
331.07 HAZARDOUS OR NO PASSING ZONES.
331.08 DRIVING IN MARKED LANES OR CONTINUOUS LINES OF TRAFFIC.
331.09 FOLLOWING TOO CLOSELY.
331.10 TURNING AT INTERSECTIONS.
331.11 TURNING INTO PRIVATE DRIVEWAY, ALLEY OR BUILDING.
331.12 "U" TURNS RESTRICTED.
331.13 STARTING AND BACKING VEHICLES.
331.14 SIGNALS BEFORE CHANGING COURSE, TURNING OR STOPPING.
331.15 HAND AND ARM SIGNALS.
331.16 RIGHT OF WAY AT INTERSECTIONS.
331.165 DRIVER'S DUTIES UPON APPROACHING AMBIGUOUS OR NON-WORKING TRAFFIC SIGNAL.
331.17 RIGHT OF WAY WHEN TURNING LEFT.
331.18 OPERATION OF VEHICLE AT YIELD SIGNS.
331.19 OPERATION OF VEHICLE AT STOP SIGNS.
331.20 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP SIGNALS OR SIGNS.
331.21 RIGHT OF WAY OF PUBLIC SAFETY OR CORONER'S VEHICLE.
331.22 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: DUTY TO YIELD.
331.23 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: STOPPING AT SIDEWALK,
331.235 STOP SIGNS ON PRIVATE ROADS AND DRIVEWAYS.
331.24 RIGHT OF WAY OF FUNERAL PROCESSION.
331.25 DRIVER'S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS.
331.26 DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR.
331.27 FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY VEHICLES.
331.28 DRIVING OVER FIRE HOSE.
331.29 DRIVING THROUGH SAFETY ZONE.
331.30 ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS.
331.31 DRIVING UPON DIVIDED ROADWAYS.
331.32 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
331.33 OBSTRUCTING INTERSECTION, CROSSWALK OR GRADE CROSSING.
331.34 FAILURE TO CONTROL; WEAVING; FULL TIME AND ATTENTION.
331.345 USING COMMUNICATIONS DEVICE WHILE DRIVING.
331.35 OCCUPYING A MOVING TRAILER OR MANUFACTURED OR MOBILE HOME.
331.36 SQUEALING TIRES, "PEELING," CRACKING EXHAUST NOISES.
331.37 DRIVING UPON SIDEWALKS, TREE LAWNS OR CURBS.
331.38 STOPPING FOR SCHOOL BUS; DISCHARGING CHILDREN.
331.39 DRIVING ACROSS GRADE CROSSING.
331.40 STOPPING AT GRADE CROSSING.
331.41 SHORTCUTTING; AVOIDING TRAFFIC CONTROL DEVICES.
331.42 VEHICLES CROSSING A STREET.
331.43 DRIVING THROUGH PROCESSIONS.
331.44 OPERATION ON PATHS SET ASIDE FOR BICYCLES.
331.45 LITTERING FROM MOTOR VEHICLE.
331.46 WEARING EARPLUGS OR EARPHONES PROHIBITED.
331.47 UNATTENDED VEHICLE: DUTY TO STOP ENGINE, REMOVE KEY, SET BRAKE AND TURN WHEELS.
331.48 OPENING VEHICLE DOOR ON TRAFFIC SIDE.
331.49 EXCESSIVE IDLING.
331.50 BUS STOPS; TAXICAB STANDS.
331.51 NOISE DISTURBANCE FROM MOTOR VEHICLE PROHIBITED
331.52 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.
331.99 PENALTY.
CHAPTER 333 Intoxication; Reckless Operation; Speed
CHAPTER 335 Licensing; Accidents
CHAPTER 337 Safety and Equipment
CHAPTER 339 Commercial and Heavy Vehicles
CHAPTER 341 Drivers of Commercial Vehicles
TITLE SEVEN - Parking
TITLE NINE - Pedestrians, Bicycles and Motorcycles
TITLE ELEVEN - Water Traffic
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - SANITARY CODE
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331.17 RIGHT OF WAY WHEN TURNING LEFT.
   (a)   The operator of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right of way to any vehicle approaching from the opposite direction, whenever the approaching vehicle is within the intersection or so close to the intersection, alley, private road or driveway as to constitute an immediate hazard.
   (b)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.42; Ord. 36-10. Passed 7-19-10.)
331.18 OPERATION OF VEHICLE AT YIELD SIGNS.
   (a)   The driver of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Whenever a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, the collision shall be prima-facie evidence of the driver's failure to yield the right of way.
   (b)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.43(B); Ord. 36-10. Passed 7-19-10.)
331.19 OPERATION OF VEHICLE AT STOP SIGNS.
   (a)   Except when directed to proceed by a law enforcement officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.
   (b)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.43(A); Ord. 36-10. Passed 7-19-10.)
331.20 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP SIGNALS OR SIGNS.
   (a)   The driver of any emergency vehicle or public safety vehicle, when responding to an emergency call, upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety to traffic, but may proceed cautiously past such red or stop sign or signal with due regard for the safety of all persons using the street or highway.
   (b)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.03; Ord. 36-10. Passed 7-19-10.)
331.21 RIGHT OF WAY OF PUBLIC SAFETY OR CORONER'S VEHICLE.
   (a)   Upon the approach of a public safety vehicle or coroner's vehicle, equipped with 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 the driver is giving an audible signal by siren, exhaust whistle or bell, no driver of any other vehicle shall fail to yield the right-of-way, immediately drive if practical to a position parallel to and as close as possible to, the right edge or curb of the street clear of any intersection, and stop and remain in that position until the public safety vehicle or coroner's vehicle has passed, except when otherwise directed by a police officer.
   
   (b)   This section does not relieve the driver of a public safety vehicle or coroner's vehicle from the duty to drive with due regard for the safety of all persons and property upon the street.
   (c)   This section applies to a coroner's vehicle only when the vehicle is operated in accordance with Ohio R.C. 4513.171. As used in this section, "coroner's vehicle" means a vehicle used by a coroner, deputy coroner or coroner's investigator that is equipped with a flashing, oscillating or rotating red or blue light and a siren, exhaust whistle, or bell capable of giving an audible signal.
   (d)   Except as otherwise provided in this subsection, whoever violates subsection (a) of this section is guilty of a misdemeanor of the fourth degree on a first offense. On a second offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree, and, on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the second degree. (ORC 4511.45; Ord. 36-10. Passed 7-19-10.)
331.22 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: DUTY TO YIELD.
   (a)   Subject to compliance with any traffic control device, the operator of a vehicle about to enter or cross a highway from an alley or from any place other than another roadway shall yield the right of way to all traffic approaching on the roadway to be entered or crossed.
   (b)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.44; Ord. 36-10. Passed 7-19-10.)
331.23 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: STOPPING AT SIDEWALK,
    (a)   Subject to compliance with any traffic control device, the driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.
   (b)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.431; Ord. 36-10. Passed 7-19-10.)
331.235 STOP SIGNS ON PRIVATE ROADS AND DRIVEWAYS.
   (a) The owner of a private road or driveway located in a private residential area containing twenty or more dwelling units may erect stop signs at places where the road or driveway intersects with another private road or driveway in the residential area, in compliance with all of the following requirements:
      (1)   The stop sign is sufficiently legible to be seen by an ordinarily observant person and meets the specifications of and is placed in accordance with the Manual adopted by the Department of Transportation pursuant to Ohio R.C. 4511.09.
      (2)   The owner has posted a sign at the entrance of the private road or driveway that is in plain view and clearly informs persons entering the road or driveway that they are entering private property, stop signs have been posted and must be obeyed, and the signs are enforceable by law enforcement officers under State law. The sign required by this paragraph, where appropriate, may be incorporated with the sign required by Section 333.035(a)(2).
   (b)   Sections 371.01 and 331.19 shall be deemed to apply to the driver of a vehicle on a private road or driveway where a stop sign is placed in accordance with subsection (a) hereof and to a pedestrian crossing such a road or driveway at an intersection where a stop sign is in place.
   (c)   When a stop sign is placed in accordance with subsection (a) hereof, any law enforcement officer may apprehend a person found violating the stop sign and may stop and charge the person with violating the stop sign.
   (d)   As used in this section, and for the purpose of applying Sections 371.01 and 331.19 to conduct under this section:
              (1)   "Intersection" means:
         A.   The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two private roads or driveways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different private roads or driveways joining at any other angle may come in conflict.
         B.   Where a private road or driveway includes two roadways thirty feet or more apart, then every crossing of two roadways of such private roads or driveways shall be regarded as a separate intersection.
      (2)   "Roadway" means that portion of a private road or driveway improved, designed or ordinarily used for vehicular travel, except the berm or shoulder. If a private road or driveway includes two or more separate roadways, the term "roadway" means any such roadway separately but not all such roadways collectively.
      (3)   "Owner" and "private residential area containing twenty or more dwelling units" have the same meanings as in Section 333.035.
         (ORC 4511.432; Ord. 36-10. Passed 7-19-10.)
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