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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 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.
(ORC 4511.84)
331.44 ONE-WAY TRAFFIC ON EAST 44TH STREET.
   (a)   The traffic pattern and legal direction presently declared and ordained for East 44th Street within the Village of Newburgh Heights is hereby changed and amended so that East 44th Street is hereby designated for and to be one-way traffic only in a southerly direction, from McGregor Avenue to Harvard Avenue.
   (b)   The parking ordinances presently in effect on East 44th Street are conformed in accordance with the general parking regulations and ordinances of the Village.
   (c)   The Mayor as Safety Director be and he is hereby authorized and directed along with the Chief of Police to post appropriate traffic direction and parking limit signs along East 44th Street in accordance herewith.
   (d)   Whoever violates the provisions of this section shall be deemed guilty of a misdemeanor of the fourth degree and shall be fined in an amount not to exceed two hundred fifty dollars ($250.00) or thirty days in jail or both.
(Ord. 1980-13)
331.45 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.
   (a)   No person shall operate a vehicle on or onto a public street or highway that is temporarily covered by a rise in water level, including groundwater or an overflow of water, and that is clearly marked by a sign that specifies that the road is closed due to the rise in water level and that any person who uses the closed portion of the road may be fined up to two thousand dollars ($2,000).
   (b)   A person who is issued a citation for a violation of subsection (a) hereof is not permitted to enter a written plea of guilty and waive the person’s right to contest the citation in court, but instead must appear in person in the proper court to answer the charge.
   (c)   (1)   Whoever violates subsection (a) hereof is guilty of a minor misdemeanor.
      (2)   In addition to the financial sanctions authorized or required under Section 501.99 and to any costs otherwise authorized or required under any provision of law, the court imposing the sentence upon an offender who is convicted of or pleads guilty to a violation of subsection (a) hereof shall order the offender to reimburse one or more rescuers for the cost any such rescurer incurred in rescuing the person, excluding any cost of transporting the rescued person to a hospital or other facility for treatment of injuries, up to a cumulative maximum of two thousand dollars ($2,000). If more than one rescuer was involved in the emergency response, the court shall allocate the reimbursement proportionately, according to the cost each rescuer incurred. A financial sanction imposed under this section is a judgment in favor of the rescuer and, subject to a determination of indigency under division (B) of Ohio R.C. 2929.28, a rescuer may collect the financial sanction in the same manner as provided in Ohio R.C. 2929.28.
   (d)   As used in this section:
      (1)   “Emergency medical service organization”, “firefighting agency” and “private fire company” have the same meanings as in Ohio R.C. 9.60.
      (2)   “Rescuer” means a state agency, political subdivision, firefighting service, private fire company, or emergency medical service organization.
         (ORC 4511.714.)
331.46 RESTRICTIONS ON THE OPERATION OF SCHOOL BUSES.   
   (a)   No person shall operate a vehicle used for pupil transportation within this Municipality in violation of the rules of the Ohio Department of Education and Workforce or the Ohio Department of Public Safety. No person, being the owner thereof, or having the supervisory responsibility therefor, shall permit the operation of a vehicle used for pupil transportation within this Municipality in violation of the rules of the Ohio Department of Education and Workforce or the Ohio Department of Public Safety.
   (b)   As used in this section, “vehicle used for pupil transportation” means any vehicle that is identified as such by the Ohio Department of Education and Workforce by rule and that is subject to O.A.C. Chapter 3301-83.
   (c)    Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or Ohio R.C. 4511.76, or Ohio R.C. 4511.63, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree. (ORC 4511.76(C), (H), (I))