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Mason Overview
Mason, OH Code of Ordinances
CITY OF MASON, OHIO CODE OF ORDINANCES
ROSTER OF OFFICIALS of the CITY OF MASON, OHIO
ADOPTING ORDINANCES
CHARTER
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
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
CHAPTER 303: ENFORCEMENT, IMPOUNDING AND PENALTY
Section
303.01   Compliance with lawful order of police officer; fleeing
303.02   Traffic direction in emergencies; obedience to school guards
303.03   Police may remove ignition key
303.04   Road workers, motor vehicles and equipment excepted
303.041   Emergency, public safety and coroner’s vehicles excepted
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
303.09   Abandoned, junk or unlicensed motor vehicles
303.10   Storage of junk motor vehicles (Repealed)
303.11   Furnishing false information incident to traffic citation
303.12   Resisting an enforcing official
303.13   Suspension of driver’s license
303.99   General Traffic Code penalty
Cross-reference:
   Exceptions for emergency or public safety vehicles, see §§ 331.20, 333.06
Statutory reference:
   Citations for minor misdemeanors, see R.C. §§ 2935.26 et seq.
   Disposition of unclaimed vehicles, see R.C. §§ 737.32, 4513.62 et seq.
   Distinctive uniform required for traffic officers, see R.C. § 4549.15
   Marking motor vehicles used by traffic officers, see R.C. § 4549.13
   Power of trial court of record to suspend license for certain violations, see R.C. §§ 4510.05, 4510.15
   State point system suspension, see R.C. § 4510.037
   Uniform application of Ohio Traffic Law, see R.C. § 4511.06
§ 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.
   (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 division (a) of this section is a misdemeanor of the first degree.
      (3)   Except as provided in divisions (c)(4) and (5) of this section, a violation of division (b) of this section is a misdemeanor of the first degree.
         B.   If a police officer pursues an offender who is violating division (b) of this section and division (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 division (b) of this section, shall consider, along with the factors set forth in 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; or
            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 this section, the court shall impose a class two suspension from the range specified in R.C. § 4510.02(a)(2). If the offender previously has been found guilty of an offense under this section, the court shall impose a class one suspension as described in division (a)(1) of that section. The court shall not grant limited driving privileges to the offender. No judge shall suspend the first three years of suspension under a class two suspension of an offender’s license, permit, or privilege required by this division on any portion of the suspension under a class one suspension of an offender’s license, permit, or privilege required by this division.
   (e)   As used in this section:
      MOVING VIOLATION. Has the same meaning as in R.C. § 2743.70.
      POLICE OFFICER. Has the same meaning as in R.C. § 4511.01.
(R.C. § 2921.331(A) - (C), (E), (F))
§ 303.02 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 the guard may be assigned.
§ 303.03 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.
(R.C. § 4549.05)
§ 303.04 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED.
   (a)   The provisions of this Traffic Code, except for § 333.01, 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 that 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 any other markings as are required by law and the lights are in operation when the driver and vehicle are so engaged, shall be exempt from criminal prosecution for violations of 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 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 §§ 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)
§ 303.041 EMERGENCY, PUBLIC SAFETY AND CORONER’S VEHICLES EXCEPTED.
   (a)   The provisions of 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.
(R.C. § 4511.041)
   (b)   The provisions of 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 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.
(R.C. § 4511.042)
§ 303.05 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.
(R.C. § 4511.05)
§ 303.06 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 § 303.99(b).
(R.C. § 4511.051)
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