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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
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§ 333.07 STREET RACING PROHIBITED.
   (a)   As used in this section, STREET RACING means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds. Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. The operation of two or more vehicles side by side either at speeds in excess of prima facie lawful speeds established by R.C. § 4511.21(B)(1)(a) through (B)(9) or a substantially equivalent municipal ordinance, or rapidly accelerating from a common starting point to a speed in excess of the prima facie lawful speeds shall be prima facie evidence of street racing.
   (b)   No person shall participate in street racing upon any public road, street or highway in this municipality.
   (c)   Whoever violates this section is guilty of street racing, a misdemeanor of the first degree. In addition to any other sanctions, the court shall suspend the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license or nonresident operating privileges for not less than 30 days or more than three years. No judge shall suspend the first 30 days of any suspension of an offender’s license, permit or privilege imposed under this division.
(R.C. § 4511.251)
§ 333.08 REASONABLE CONTROL.
   (a)   No person shall operate a motor vehicle, agricultural tractor or agricultural tractor that is towing, pulling or otherwise drawing a unit of farm machinery on any street, highway or property open to the public for vehicular traffic without being in reasonable control of the vehicle, agricultural tractor or unit of farm machinery.
   (b)   Whoever violates this section is guilty of operating a motor vehicle or agricultural tractor without being in control of it, a minor misdemeanor.
(R.C. § 4511.202)
§ 333.09 RESERVED.
§ 333.10 OPERATION IN VIOLATION OF IMMOBILIZATION ORDER.
   (a)   No person shall operate a motor vehicle or permit the operation of a motor vehicle upon any public or private property used by the public for vehicular travel or parking knowing or having reasonable cause to believe that the motor vehicle has been ordered immobilized pursuant to an immobilization order issued under R.C. § 4503.233.
   (b)   A motor vehicle that is operated by a person during a violation of division (a) of this section shall be criminally forfeited to the state in accordance with the procedures contained in R.C. § 4503.234.
   (c)   Whoever violates division (a) of this section is guilty of a misdemeanor of the second degree.
(R.C. § 4503.236)
§ 333.11 DEPOSIT OF $25 OF FINE FOR VIOLATING O.V.I. ORDINANCE INTO INDIGENT DRIVERS ALCOHOL TREATMENT FUND; IMMOBILIZATION OR FORFEITURE ORDERS BASED ON PRIOR CONVICTIONS.
   (a)   Twenty-five dollars of any fine imposed for a violation of a municipal O.V.I. ordinance shall be deposited into the municipal or county Indigent Drivers Alcohol Treatment Fund created pursuant to R.C. § 4511.191(H) in accordance with this section and R.C. §§ 733.40, 1901.024(A), (B), and (C), 1901.31(F) or 1907.20(C). Regardless of whether the fine is imposed by a municipal court, a mayor’s court, or a juvenile court, if the fine was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a county-operated municipal court or a municipal court that is not a county-operated municipal court, the $25 that is subject to this section shall be deposited into the Indigent Drivers Alcohol Treatment Fund of the county in which that municipal corporation is located if the municipal court that has jurisdiction over that municipal corporation is a county-operated municipal court or of the municipal corporation in which is located the municipal court that has jurisdiction over that municipal corporation if that municipal court is not a county-based municipal court. Regardless of whether the fine is imposed by a county court, a mayor’s court, or a juvenile court, if the fine was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a county court, the $25 that is subject to this section shall be deposited into the Indigent Drivers Alcohol Treatment Fund of the county in which is located the county court that has jurisdiction over that municipal corporation. The deposit shall be made in accordance with R.C. §§ 733.40, 1901.024(A), (B), and (C), 1901.31(F), or 1907.20(C).
   (b)   Any court cost imposed as a result of a violation of a municipal ordinance that is a moving violation and designated for an indigent drivers alcohol treatment fund established pursuant to R.C. § 4511.191(H) shall be deposited into the municipal or county Indigent Drivers Alcohol Treatment Fund created pursuant to R.C. § 4511.191(H) in accordance with this section and R.C. §§ 733.40, 1901.024(A), (B), and (C), 1901.31(F), or 1907.20(C). Regardless of whether the court cost is imposed by a municipal court, a mayor’s court, or a juvenile court, if the court cost was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a county-operated municipal court or a municipal court that is not a county-operated municipal court, the court cost that is subject to this section shall be deposited into the Indigent Drivers Alcohol Treatment Fund of the county in which that municipal corporation is located if the municipal court that has jurisdiction over that municipal corporation is a county-operated municipal court or of the municipal corporation in which is located the municipal court that has jurisdiction over that municipal corporation if that municipal court is not a county-operated municipal court. Regardless of whether the court cost is imposed by a county court, a mayor’s court, or a juvenile court, if the court cost was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a county court, the court cost that is subject to this section shall be deposited into the Indigent Drivers Alcohol Treatment Fund of the county in which is located the county court that has jurisdiction over that municipal corporation. The deposit shall be made in accordance with R.C. §§ 733.40, 1901.024(A), (B), and (C), 1901.31(F), or 1907.20(C).
   (c)   (1)   The requirements and sanctions imposed by divisions (c)(1) and (2) of this section are an adjunct to and derive from the state’s exclusive authority over the registration and titling of motor vehicles and do not comprise a part of the criminal sentence to be imposed upon a person who violates a municipal O.V.I. ordinance.
      (2)   If a person is convicted of or pleads guilty to a violation of a municipal O.V.I. ordinance, if the vehicle the offender was operating at the time of the offense is registered in the offender’s name, and if, within six years of the current offense, the offender has been convicted of or pleaded guilty to one or more violations of R.C. § 4511.19(A) or (B) or one or more other equivalent offenses, the court, in addition to and independent of any sentence that it imposes upon the offender for the offense, shall do whichever of the following is applicable:
         A.   Except as otherwise provided in division (c)(2)B. of this section, if, within six years of the current offense, the offender has been convicted of or pleaded guilty to one violation described in division (c)(2) of this section, the court shall order the immobilization for 90 days of that vehicle and the impoundment for 90 days of the license plates of that vehicle. The order for the immobilization and impoundment shall be issued and enforced in accordance with R.C. § 4503.233.
         B.   If, within six years of the current offense, the offender has been convicted of or pleaded guilty to two or more violations described in division (c)(2) of this section, or if the offender previously has been convicted of or pleaded guilty to a violation of R.C. § 4511.19(A) under circumstances in which the violation was a felony and regardless of when the violation and the conviction or guilty plea occurred, the court shall order the criminal forfeiture to the state of that vehicle The order of criminal forfeiture shall be issued and enforced in accordance with R.C. § 4503.234.
   (d)   As used in this section, COUNTY- OPERATED MUNICIPAL COURT has the same meaning as in R.C. § 1901.03.
(R.C. § 4511.193)
§ 333.12 SPEED LIMITS ON PRIVATE ROADS AND DRIVEWAYS.
   (a)   The owner of a private road or driveway located in a private residential area containing 20 or more dwelling units may establish a speed limit on the road or driveway by complying with all of the following requirements:
      (1)   The speed limit is not less than 25 miles per hour and is indicated by a sign that is in a proper position, is sufficiently legible to be seen by an ordinarily observant person, and meets the specifications for the basic speed limit sign included in the Manual adopted by the Department of Transportation pursuant to 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, a speed limit has been established for the road or driveway, and the speed limit is enforceable by law enforcement officers under state law.
   (b)   No person shall operate a vehicle upon a private road or driveway as provided in division (a) of this section at a speed exceeding any speed limit established and posted pursuant to division (a).
   (c)   When a speed limit is established and posted in accordance with division (a) of this section, a law enforcement officer may apprehend a person violating the speed limit of the residential area by utilizing any of the means described in R.C. § 4511.091 or by any other accepted method of determining the speed of a motor vehicle and may stop and charge the person with exceeding the speed limit.
   (d)   Pursuant to R.C. § 4511.211(D), points shall be assessed for violation of a speed limit established and posted in accordance with division (a) of this section in accordance with R.C. § 4510.036.
   (e)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   OWNER. Includes but is not limited to a person who holds title to the real property in fee simple, a condominium owners’ association, a property owners’ association, a board of directors or trustees of a private community, and a nonprofit corporation governing a private community.
      (2)   PRIVATE RESIDENTIAL AREA CONTAINING 20 OR MORE DWELLING UNITS. Does not include a Chautauqua assembly as defined in R.C. § 4511.90.
   (f)   Penalty.
      (1)   A violation of division (b) of this section is one of the following:
         A.   Except as otherwise provided in divisions (f)(1)B. and (f)(1)C. of this section, a minor misdemeanor;
         B.   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violations of this section, R.C. § 4511.211(B), or any other municipal ordinance that is substantially equivalent to that division, a misdemeanor of the fourth degree;
         C.   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of this section, R.C. § 4511.211(B), or any other municipal ordinance that is substantially equivalent to that division, a misdemeanor of the third degree.
      (2)   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. § 4511.211)
§ 333.13 OPERATION RESTRICTED FOR MINI-TRUCKS AND LOW-SPEED, UNDER-SPEED, OR UTILITY VEHICLES.
   (a)   (1)   No person shall operate a low-speed vehicle upon any street or highway having an established speed limit greater than 35 miles per hour.
      (2)   No person shall operate an under-speed or utility vehicle or a mini-truck upon any street or highway except as follows:
         A.   Upon a street or highway having an established speed limit not greater than 35 miles per hour and only upon such streets or highways where the municipality has granted permission for such operation in accordance with division (e) of this section;
         B.   A state park or political subdivision employee or volunteer operating a utility vehicle exclusively within the boundaries of state parks or political subdivision parks for the operation or maintenance of state or political subdivision park facilities.
      (3)   No person shall operate a motor-driven cycle or motor scooter upon any street or highway having an established speed limit greater than 45 miles per hour.
   (b)   This section does not prohibit either of the following:
      (1)   A person operating a low-speed, under-speed, or utility vehicle or a mini-truck from proceeding across an intersection of a street or highway having a speed limit greater than 35 miles per hour;
      (2)   A person operating a motor- driven cycle or motor scooter from proceeding across an intersection of a street or highway having a speed limit greater than 45 miles per hour.
   (c)   Nothing in this section shall prevent the municipality from adopting more stringent local ordinances, resolutions, or regulations governing the operation of a low-speed vehicle or a mini-truck, or a motor-driven cycle or motor scooter.
   (d)   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 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.
(R.C. § 4511.214)
   (e)   By ordinance or resolution, the municipality may authorize the operation of under- speed or utility vehicles or mini-trucks on a public street or highway under its jurisdiction. The municipality shall do all of the following:
      (1)   Limit the operation of those vehicles to streets and highways having an established speed limit not greater than 35 miles per hour;
      (2)   Require the vehicle owner who wishes to operate an under-speed or utility vehicle or a mini-truck on the public streets or highways to submit the vehicle to an inspection conducted by a local law enforcement agency that complies with inspection requirements established by the Department of Public Safety under R.C. § 4513.02;
      (3)   Permit the operation on public streets or highways of only those vehicles that successfully pass the required vehicle inspection, are registered in accordance with R.C. Chapter 4503, and are titled in accordance with R.C. Chapter 4505;
      (4)   Notify the Director of Public Safety, in a manner the Director determines, of the authorization for the operation of under-speed or utility vehicles or mini-trucks.
   (f)   The municipality may establish additional requirements for the operation of under- speed or utility vehicles or mini-trucks on its streets and highways.
(R.C. § 4511.215)
   (g)   Notwithstanding divisions (a) through (f) of this section, a person may operate a utility vehicle on any public roads or right-of-way, other than a freeway, when traveling from one farm field to another for agricultural purposes if the vehicle is displaying a triangular slow-moving vehicle emblem as described in R.C. § 4513.112.
(R.C. § 4511.216)
   (h)   (1)   Except as provided in this division (h) and divisions (e) and (f) of this section, no person shall operate a mini-truck within this municipality.
      (2)   A person may operate a mini-truck on a farm for agricultural purposes only when the owner of the farm qualifies for the current agricultural use valuation tax credit. A mini-truck may be operated by or on behalf of such a farm owner on public roads and rights-of-way only when traveling from one farm field to another.
      (3)   A person may operate a mini-truck on property owned or leased by a dealer who sells mini-trucks at retail.
      (4)   Whoever violates this division (h) shall be penalized as provided in division (d) of this section.
(R.C. § 4519.401)
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