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Lexington Overview
Codified Ordinances of Lexington, OH
CODIFIED ORDINANCES OF LEXINGTON, OHIO
ADOPTING ORDINANCE NO. 99-1
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER OF THE MUNICIPALITY OF
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
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
CHAPTER 303
Enforcement, Impounding and Penalty
303.01   Compliance with lawful order of police officer; fleeing.
303.02   Traffic direction in emergencies; obedience to school guard.
303.03   Officer may remove ignition key.
303.04   Road workers, motor vehicles and equipment excepted.
303.041   Emergency, public safety and coroner’s vehicles exempt.
303.05   Application to persons riding, driving animals upon roadway.
303.06   Freeway use prohibited by pedestrians, bicycles and animals.
303.07   Application to drivers of government vehicles.
303.08   Impounding of vehicles; redemption.
303.081   Impounding vehicles on private residential or agricultural property.
303.082   Private tow-away zones.
303.083   Impounding vehicles on public property.
303.09   Leaving junk and other vehicles on private or public property without
   permission or notification.
303.10   Leaving junk vehicles on private property with permission of owner.
303.11   Providing false information to police officer.
303.99   General Traffic Code penalties.
303.991   Committing an offense while distracted penalty.
 
 
CROSS REFERENCES
See sectional histories for similar State law
Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.62 et seq.
Citations for minor misdemeanors - see Ohio R.C. 2935.26 et seq.
Power of trial court of record to suspend or revoke license for certain violations - see Ohio R.C. 4507.16, 4507.34
State point system suspension - see Ohio R.C. 4507.40
Uniform application of Ohio Traffic Law - see Ohio R.C. 4511.06
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. 331.20, 333.06
 
303.01 COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER; FLEEING.
   (a)   No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control or regulate traffic.
   (b)   No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person’s motor vehicle to a stop.
   (EDITOR'S NOTE: Refer to Ohio R.C. 2921.331 for filing charges under subsection (b) hereof since the jury or judge as trier of fact may determine the violation to be a felony.)
   (c)   (1)   Whoever violates this section is guilty of failure to comply with an order or signal of a police officer.
      (2)    A violation of subsection (a) of this section is a misdemeanor of the first degree.
      (3)    Except as provided in subsections (c)(4) and (c)(5) of this section, a violation of subsection (b) of this section is a felony to be prosecuted under appropriate state law.
      (4)    A violation of subsection (b) of this section is a felony and shall be prosecuted under appropriate state law if the jury or judge as trier of fact finds by proof beyond a reasonable doubt that in committing the offense, the offender was fleeing immediately after the commission of a felony.
      (5)    A.   A violation of subsection (b) of this section is a felony and shall be prosecuted under appropriate state law if the jury or judge as trier of fact finds any of the following by proof beyond a reasonable doubt:
            1.    The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property.
            2.    The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
         B.   If a police officer pursues an offender who is violating subsection (b) of this section and subsection (c)(5)A. of this section applies, the sentencing court, in determining the seriousness of an offender’s conduct for purposes of sentencing the offender for a violation of subsection (b) of this section, shall consider, along with the factors set forth in Ohio R.C. 2929.12 and 2929.13 that are required to be considered, all of the following:
            1.   The duration of the pursuit;
            2.    The distance of the pursuit;
            3.    The rate of speed at which the offender operated the motor vehicle during the pursuit;
            4.    Whether the offender failed to stop for traffic lights or stop signs during the pursuit;
            5.    The number of traffic lights or stop signs for which the offender failed to stop during the pursuit;
            6.    Whether the offender operated the motor vehicle during the pursuit without lighted lights during a time when lighted lights are required;
            7.    Whether the offender committed a moving violation during the pursuit;
            8.    The number of moving violations the offender committed during the pursuit;
            9.    Any other relevant factors indicating that the offender’s conduct is more serious than conduct normally constituting the offense
   
   (d)   In addition to any other sanction imposed for a violation of subsection (a) of this section, the court shall impose a class five suspension from the range specified in Ohio R.C. 4510.02(A)(5). If the offender previously has been found guilty of an offense under this section or under Ohio R.C. 2921.331 or any other substantially equivalent municipal ordinance, in addition to any other sanction imposed for the offense, the court shall impose a class one suspension as described in Ohio R.C. 4510.02(A)(1). The court may grant limited driving privileges to the offender on a suspension imposed for a misdemeanor violation of this section as set forth in R.C. § 4510.021. No judge shall suspend any portion of the suspension under a class one suspension of an offender’s license, permit, or privilege required by this division.
(ORC 2921.331)
303.02 TRAFFIC DIRECTION IN EMERGENCIES; OBEDIENCE TO SCHOOL GUARD.
   (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. Firemen, 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 fireman 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.
   (c)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
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