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331.40 LITTERING FROM MOTOR VEHICLE.
(a) No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard or deposit litter from any motor vehicle in operation upon any street, road or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
(b) No operator of a motor vehicle in operation upon any street, road or highway shall allow litter to be thrown, dropped, discarded or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
(c) As used in this section, "litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass or anything else of an unsightly or unsanitary nature. (ORC 4511.82)
331.41 OPERATION OF VEHICLES ON SHARED USE TRAILS.
(a) No person shall operate a vehicle upon any shared-use trail, when an appropriate sign giving notice of such use is posted on the path, except to cross it upon a permanent or duly authorized temporary driveway.
(b) Such prohibition shall not apply to emergency or duly authorized vehicles.
(c) Nothing in this section shall be construed to affect any rule of the Director of Natural Resources governing the operation of motor vehicles, snowmobiles, all purpose vehicles, and bicycles on lands under his jurisdiction. (Ord. 2014-25. Passed 11-17-14.)
331.42 WEARING EARPLUGS OR EARPHONES PROHIBITED.
(a) As used in this section:
(1) “Earphones” means any device that covers all or a portion of both ears and that does either of the following:
A. Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
B. Provides hearing protection.
“Earphones” does not include speakers or other listening devices that are built into protective headgear.
(2) “Earplugs” means any device that can be inserted into one or both ears and that does either of the following:
A. Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
B. Provides hearing protection.
(b) No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.
(c) This section does not apply to:
(1) Any person wearing a hearing aid;
(2) Law enforcement personnel while on duty;
(3) Fire Department personnel and emergency medical service personnel while on duty;
(4) Any person engaged in the operation of equipment for use in the maintenance or repair of any highway;
(5) Any person engaged in the operation of refuse collection equipment;
(6) Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.
(d) 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.
(ORC 4511.84)
331.43 PROHIBITING THE USE OF WIRELESS HANDSETS TO TEXT MESSAGE AND ENGAGE IN OTHER FORMS OF COMMUNICATION WHILE DRIVING.
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Computer" means a portable electronic device capable of transmitting and/or receiving data.
(2) "Engage in other forms of communication" means to use a wireless handset to dial, answer, talk, and/or listen, or to use a computer.
(3) "Text message" means a message in the process of being composed, sent, or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a "text message."
(4) "Wireless handset" means a portable electronic device capable of transmitting or receiving data in the form of a text message and capable of engaging in the other forms of communication defined in subsection (a)(2) above.
(b) No person shall use a wireless handset or a computer to compose, send, or read text messages or engage in other forms of communication as defined in subsection (a)(2) of this section, while driving a motor vehicle in the Village.
(c) Notwithstanding the provisions of subsection (b) of this section, this section shall not be construed to prohibit the use of a wireless handset or computer inside a motor vehicle to compose, send, or read a text message or engage in other forms of communication as defined in subsection (a)(2) of this section when:
(1) A driver is using a wireless handset to contact any law enforcement, police officers, emergency services personnel, emergency medical technicians, or fire safety officials to report an emergency situation; or
(2) A driver is using a wireless handset inside a motor vehicle when such vehicle is parked, standing, or stopped and is removed from the flow of traffic, in accordance with applicable laws or rules, or is stopped due to the inoperability of such vehicle; or
(3) A driver is using a wireless handset connected to a hands-free device which allows the driver to maintain both hands on the vehicle's steering device while the vehicle is operating; or
(4) Safety and Service Personnel are using such communication devices as defined in subsection (a) of this section in the course of their work, they are exempt from the provisions of this section.
(d) Penalty.
(1) Except as provided in subsection (d)(2), whoever violates subsection (b) of this section is guilty of a minor misdemeanor.
(2) If the offender is the holder of a temporary instruction permit who has not attained the age of eighteen years or is the holder of a probationary driver's license and violates subsection (b) of this section the following penalties shall be imposed:
A. If the offender has not previously been convicted of a violation of this section, whoever violates this section shall be fined one hundred fifty dollars ($150.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of sixty days.
B. If the offender previously has been convicted of a violation of this section, whoever violates this section shall be fined three hundred dollars ($300.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of one year.
(Ord. 2019-07. Passed 4-15-19.)
331.44 ELECTRONIC WIRELESS COMMUNICATION DEVICE USE WHILE DRIVING PROHIBITED. (REPEALED)
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