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   Playing in streets; recreational equipment in streets.
412.04   Toy vehicles on roadway.
412.05   Freeway use prohibited by pedestrians, bicycles and animals.
412.06   Parades and assemblages.
412.07   Advertising within public rights-of-way; obstruction of vision.
 
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, repairing or storing vehicle upon roadway - see TRAF. 452.09
   Parking in alleys or narrow streets; exceptions - see TRAF. 452.12
   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, 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 PLAYING IN STREETS; RECREATIONAL EQUIPMENT IN STREETS.
   (a)   No person shall place any recreational equipment in such a manner that will cause a game to be played within the rights-of-way of the City, including, but not limited to, movable basketball courts.
   (b)   Nothing in this section shall prohibit the setting aside of streets or other public ways, or sections thereof, for limited periods of time, for recreational purposes, under proper supervision permitted by officials of the Municipality having charge thereof.
   (c)   Whoever violates this section is guilty of a minor misdemeanor for a first offense within one year and a misdemeanor of the fourth degree for a second or subsequent offense within one year. Each day during or upon which a violation occurs or continues shall be deemed a separate offense.
(Ord. 141-00. Passed 5-4-00.)
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 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 § 408.02(b).
(R.C. § 4511.051)
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