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(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)
(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)
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)
(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)
The provisions of this Traffic Code applicable to the drivers of vehicles shall apply to the drivers of all vehicles owned or operated by the United States, any state or any political subdivision thereof, including this municipality, except as may be otherwise provided by law and subject to specific exceptions as are set forth with reference to authorized emergency and public safety vehicles.
(a) Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:
(1) When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations;
(2) When any motor vehicle, including an abandoned junk motor vehicle, as defined in R.C. § 4513.63, is left on private residential property, as defined in R.C. § 4513.60, or on private agricultural property, for at least four consecutive hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for 48 consecutive hours or longer, without notification to the Police Chief of the reasons for leaving the vehicle in that place, except that when such a motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately;
(3) When any vehicle has been stolen or operated without the consent of the owner;
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;
(5) When any vehicle has been used in or connected with the commission of a felony;
(6) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code whereby its continued operation would constitute a condition hazardous to life, limb or property;
(7) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;
(9) When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked;
(10) When any vehicle is found for which two or more citation tags for violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to the citation tags as lawfully required.
(b) Any vehicle removed under authority of division (a)(2) of this section shall be ordered into storage and/or disposed of as provided under R.C. §§ 4513.60 et seq. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of the removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which the vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to the violations. The pound operator shall release the vehicle upon the receipt of the release form and payment of all towage and storage charges.
(c) No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which has been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima facie evidence that it was so removed by the owner or operator.
(d) The towing and storage charges to be assessed at a basic rate as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fee shall be as set by ordinance from time to time. The basic rate as established shall be for the time the impounded vehicle is in storage, and in addition thereto, for any service performed by the city in order to properly maintain the impounded vehicle, provided, however, that any person redeeming the impounded vehicle more than 120 hours after the vehicle has been impounded shall pay an additional fee as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fee shall be as set by ordinance from time to time.
(Ord. 37-1979, passed 4-9-1979; Ord. 89-146, passed 11-13-1989)
Cross-reference:
Fee schedule, see § 205.01
(a) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. Any motor vehicle left without the permission of the property owner on private property for any amount of time, or on property open to the public for the purpose of vehicular travel or parking for more than 72 hours. The fact that a motor vehicle has been left without permission is prima facie evidence of abandonment.
JUNK MOTOR VEHICLE. Any motor vehicle meeting any two of the following requirements:
A. Is three years old or older;
B. Is extensively damaged, the damage including, but not limited to, any of the following: missing wheels, tires, engine or transmission; and/or
C. Is not operable (
OPERABLE means able to be started and moved under its own power for a minimum of 100 feet).
MOTOR VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels or treads and transporting persons or property or pulling machinery and includes, without limitations, automobiles, trucks, trailers, buses, motorcycles, or tractors.
PROPERTY. Any real property within the city which is not street or highway.
UNLICENSED MOTOR VEHICLE. A vehicle that does not display in plain view on the rear of the motor vehicle the license plate, including any county identification sticker and a current, unexpired validation sticker issued under R.C. §§ 4503.19 and 4503.191, or the applicable laws of any other jurisdiction.
(b) Public nuisance. Except as otherwise provided, the deposit, storage, maintenance or collection of abandoned, junk, or unlicensed motor vehicles, outside of a building or buildings is hereby declared to be a public nuisance and offensive to the public health, welfare and safety of the people of the city.
(c) Prohibitions.
(1) No junk or abandoned motor vehicle shall be left outside of a garage or other suitable structure, or left not completely covered by means of a cover that is not to be torn or deteriorated, for more than 72 hours with the permission of the persons having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under the authority of an appropriate governmental entity.
(2) No junk or abandoned motor vehicle shall be left without the permission of the property owner on private property for any amount of time.
(3) Notwithstanding any other provision of this section, no person shall be prevented from storing or keeping any collector’s vehicle, as defined by R.C. § 4501.01(F), on private property with the permission of the person having the right to the possession of the property inside of a garage or other suitable structure, or completely covered by means of a cover that is not to be torn or deteriorated.
(4) Unlicensed motor vehicles left on the public streets or highways shall be subject to removal by the city under any applicable ordinance or statute. The registered owner shall be responsible for the costs of towing and storage of the motor vehicle.
(5) No person, firm, or corporation in charge or control of any premises within the city, whether as owner, tenant, lessee, occupant, or otherwise, shall willfully allow any junk or abandoned motor vehicle to remain upon the premises longer than 72 hours after the receipt of written notice by the city, to remove the junk or abandoned motor vehicle from the premises or cover the vehicle by being housed in a garage or other suitable structure or with a cover not torn or deteriorated. This written notice shall be served upon the person in charge, either personally or by leaving notice at his or her usual place of residence, or by certified mail addressed to his or her last known address. The notice shall serve to put the recipient on notice with respect to the requirements of the referenced sections of the code and obviate the need for additional notice for the same or similar violation within 365 days of the date of the notice. The fact that a junk or abandoned motor vehicle is left uncovered is prima facie evidence of willful failure to comply with the notice and each subsequent period of 72 hours that the junk or abandoned motor vehicle continues to be so left constitutes a separate offense.
(e) Penalties.
(1) Whoever violates any provision of this section shall be guilty of a minor misdemeanor.
(2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to a violation of this section, the offender shall be guilty of a misdemeanor of the fourth degree.
(3) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section, the offender shall be guilty of a misdemeanor of the third degree.
(4) Nothing in this section shall be construed as a limitation of any other applicable regulations of the Zoning Code of the city.
(Ord. 2007-136, passed 10-22-2007)
(a) No person shall knowingly present, display or orally communicate a false name, Social Security number or date of birth to a law enforcement officer who is in the process of issuing to the person a traffic ticket or complaint.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4513.361)
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