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Mentor Overview
Codified Ordinances of Mentor, OH
CODIFIED ORDINANCES
CERTIFICATION
ADOPTING ORDINANCE NO. 07-O-49
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF MENTOR, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
TITLE ONE - Administration
TITLE THREE - Streets and Traffic Control Devices
TITLE FIVE - Vehicles
CHAPTER 331 Operation Generally
331.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
331.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.
331.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
331.04 OVERTAKING AND PASSING UPON RIGHT.
331.05 OVERTAKING, PASSING TO LEFT OF CENTER.
331.06 ADDITIONAL RESTRICTIONS ON DRIVING UPON LEFT SIDE OF ROADWAY.
331.07 HAZARDOUS OR NO PASSING ZONES.
331.08 DRIVING IN MARKED LANES OR CONTINUOUS LINES OF TRAFFIC.
331.09 FOLLOWING TOO CLOSELY.
331.10 TURNING AT INTERSECTIONS.
331.11 TURNING INTO PRIVATE DRIVEWAY, ALLEY OR BUILDING.
331.12 "U" TURNS RESTRICTED.
331.13 STARTING AND BACKING VEHICLES.
331.14 SIGNALS BEFORE CHANGING COURSE, TURNING OR STOPPING.
331.15 HAND AND ARM SIGNALS.
331.16 RIGHT OF WAY AT INTERSECTIONS.
331.17 RIGHT OF WAY WHEN TURNING LEFT.
331.18 OPERATION OF VEHICLE AT YIELD SIGNS.
331.19 OPERATION OF VEHICLE AT STOP SIGNS.
331.20 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP SIGNALS OR SIGNS.
331.21 RIGHT OF WAY OF PUBLIC SAFETY OR CORONER'S VEHICLE.
331.211 REPORT OF VEHICLE FAILING TO YIELD RIGHT OF WAY TO PUBLIC SAFETY VEHICLE.
331.22 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: DUTY TO YIELD.
331.23 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY STOPPING AT SIDEWALK.
331.24 RIGHT OF WAY OF FUNERAL PROCESSION.
331.25 DRIVER'S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS.
331.26 DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR.
331.27 FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY VEHICLES.
331.28 DRIVING OVER FIRE HOSE.
331.29 DRIVING THROUGH SAFETY ZONE.
331.30 ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS.
331.31 DRIVING UPON DIVIDED ROADWAYS.
331.32 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
331.33 OBSTRUCTING INTERSECTION, CROSSWALK OR GRADE CROSSING.
331.34 FAILURE TO CONTROL; WEAVING; FULL TIME AND ATTENTION.
331.35 OCCUPYING TRAVEL TRAILER, FIFTH WHEEL VEHICLE, OR MANUFACTURED OR MOBILE HOME WHILE IN MOTION.
331.36 SQUEALING TIRES, "PEELING," CRACKING EXHAUST NOISES.
331.37 DRIVING UPON SIDEWALKS, STREET LAWNS OR CURBS.
331.38 STOPPING FOR SCHOOL BUS; DISCHARGING CHILDREN.
331.39 DRIVING ACROSS GRADE CROSSING.
331.40 STOPPING AT GRADE CROSSING.
331.41 SHORTCUTTING; AVOIDING TRAFFIC CONTROL DEVICES.
331.42 LITTERING FROM MOTOR VEHICLE.
331.43 WEARING EARPLUGS OR EARPHONES PROHIBITED.
331.44 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.
331.45 RESTRICTIONS ON THE OPERATION OF SCHOOL BUSES.
CHAPTER 333 OVI; Willful Misconduct; Speed
CHAPTER 335 Licensing; Accidents
CHAPTER 337 Safety and Equipment
CHAPTER 339 Commercial and Heavy Vehicles
CHAPTER 341 Commercial Drivers
TITLE SEVEN - Parking
TITLE NINE - Pedestrians, Bicycles and Motorcycles
TITLE ELEVEN - Watercraft
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
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331.39 DRIVING ACROSS GRADE CROSSING.
   (a)    (1)    Whenever any person driving a vehicle approaches a railroad grade crossing, the person shall stop within fifty feet, but not less than fifteen feet from the nearest rail of the railroad, if any of the following circumstances exist at the crossing:
         A.    A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train.
         B.    A crossing gate is lowered.
         C.    A flagperson gives or continues to give a signal of the approach or passage of a train.
         D.    There is insufficient space on the other side of the railroad grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding any traffic control signal indication to proceed.
         E.    An approaching train is emitting an audible signal or is plainly visible and is in hazardous proximity to the crossing.
         F.    There is insufficient undercarriage clearance to safely negotiate the crossing.
      (2)    A person who is driving a vehicle and who approaches a railroad grade crossing shall not proceed as long as any of the circumstances described in divisions (a)(l)A. to F. of this section exist at the crossing.
   (b)    No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed unless the person is signaled by a law enforcement officer or flagperson that it is permissible to do so.
   (c)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 4511.62)
331.40 STOPPING AT GRADE CROSSING.
    (a)   (1)   Except as provided in subsection (a)(2) hereof, the operator of any bus, any school vehicle, or any vehicle transporting material required to be placarded under 49 CFR Parts 100-185, before crossing at grade any track of a railroad, shall stop the vehicle, and, while so stopped, shall listen through an open door or open window and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, and shall proceed only upon exercising due care after stopping, looking and listening as required by this section. Upon proceeding, the operator of such a vehicle shall cross only in a gear that will ensure there will be no necessity for changing gears while traversing the crossing and shall not shift gears while crossing the tracks.
      (2)   This section does not apply at grade crossings when the Ohio Public Utilities Commission has authorized and approved an exempt crossing as provided in this subsection.
         A.   Any local authority may file an application with the Commission requesting the approval of an exempt crossing. Upon receipt of such a request, the Commission shall authorize a limited period for the filing of comments by any party regarding the application and then shall conduct a public hearing in the community seeking the exempt crossing designation. The Commission shall provide appropriate prior public notice of the comment period and the public hearing. By registered mail, the Commission shall notify each railroad operating over the crossing of the comment period.
         B.   After considering any comments or other information received, the Commission may approve or reject the application. By order, the Commission may establish conditions for the exempt crossing designation, including compliance with division (b) of 49 C.F.R. Part 392.10, when applicable. An exempt crossing designation becomes effective only when appropriate signs giving notice of the exempt designation are erected at the crossing as ordered by the Commission and any other conditions ordered by the Commission are satisfied.
         C.   By order, the Commission may rescind any exempt crossing designation made under this section if the Commission finds that a condition at the exempt crossing has changed to such an extent that the continuation of the exempt crossing designation compromises public safety. The Commission may conduct a public hearing to investigate and determine whether to rescind the exempt crossing designation. If the Commission rescinds the designation, it shall order the removal of any exempt crossing signs and may make any other necessary order.
      (3)   As used in this section:
         A.   “School vehicle” means any vehicle used for the transportation of pupils to and from a school or school-related function if the vehicle is owned or operated by, or operated under contract with, a public or nonpublic school.
         B.   “Bus” means any vehicle originally designed by its manufacturer to transport sixteen or more passengers, including the driver, or carries sixteen or more passengers, including the driver.
         C.   “Exempt crossing” means a highway rail grade crossing authorized and approved by the Public Utilities Commission under subsection (a)(2) hereof at which vehicles may cross without making the stop otherwise required by this section.
      (4)   Except as otherwise provided in this subsection (a)(4), whoever violates subsection (a) hereof is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of subsection (a) hereof or Ohio R.C. 4511.76, 4511.761, 4511.762, 4511.764, 4511.77 or 4511.79, or a municipal ordinance that is substantially similar to any of those sections, whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree. (ORC 4511.63)
   (b)   (1)   When authorized stop signs are erected at railroad grade crossings, the operator of any vehicle shall stop within fifty but not less than fifteen feet from the nearest rail of the railroad tracks and shall exercise due care before proceeding across such grade crossing.
      (2)   Except as otherwise provided in this subsection, whoever violates this subsection (b)(1) hereof 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.
   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 Section 303.991 of the Traffic Code.
(ORC 4511.61)
331.41 SHORTCUTTING; AVOIDING TRAFFIC CONTROL DEVICES.
   (a)    No person operating a motor vehicle shall, within 500 feet of an intersection where a traffic control signal or device has been installed, drive across or through any property not open for use as a public street and thereby circumvent or avoid a traffic control device, except for the purpose of parking, leaving after parking, leaving a passenger, picking up a passenger, or conducting other activities specifically related to the conduct of the business of the owner or operator of the property.
   (b)    This section shall apply to both privately owned and publicly owned property.
(Ord. 90-31. Passed 4-3-90.)
 
   (c)    Except as otherwise provided in this subsection, 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.
331.42 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.
   (d)    Whoever violates this section is guilty of a minor misdemeanor. (ORC 4511.82)
331.43 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)
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