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(a) All state routes are hereby designated as through highways, provided that stop signs, yield signs, or traffic-control signals shall be erected at all intersections with such through highways by the Department of Transportation as to highways under its jurisdiction and by local authorities as to highways under their jurisdiction, except as otherwise provided in this section. Where two or more state routes that are through highways intersect, and no traffic-control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto by the Department or by local authorities having jurisdiction, except as otherwise provided in this section. Whenever the Director of Transportation determines on the basis of an engineering and traffic investigation that stop signs are necessary to stop traffic on a through highway for safe and efficient operation, nothing in this section shall be construed to prevent such installations. When circumstances warrant, the Director also may omit stop signs on roadways intersecting through highways under his or her jurisdiction. Before the Director either installs or removes a stop sign under this division, he or she shall give notice, in writing, of that proposed action to the affected local authority at least 30 days before installing or removing the stop sign.
(b) Other streets or highways, or portions thereof, are hereby designated as through highways if they are within the Municipality, if they have a continuous length of more than one mile between the limits of the street or highway or portion thereof, and if they have stop or yield signs or traffic-control signals at the entrances of the majority of intersecting streets or highways. For purposes of this section, the limits of the street or highway, or portion thereof, shall be the municipal corporation line, the physical terminus of the street or highway, or any point on the streets or highway at which vehicular traffic thereon is required by regulatory signs to stop or yield to traffic on the intersecting street, provided, that in residence districts, the Municipality may by ordinance designate such street or highway, or portion thereof, not to be a through highway and thereafter the affected residence district shall be indicated by official traffic-control devices. Where two or more through highways designated under this division intersect and no traffic-control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto by the Department or by local authorities having jurisdiction, except as otherwise provided in this section.
(c) The Department or local authorities having jurisdiction need not erect stop signs at intersections they find to be so constructed as to permit traffic to safely enter a through highway without coming to a stop. Signs shall be erected at such intersections indicating that the operator of a vehicle shall yield the right-of-way to or merge with all traffic proceeding on the through highway.
(d) Local authorities, with reference to highways under their jurisdiction, may designate additional through highways, and shall erect stop signs, yield signs, or traffic-control signals at all streets and highways intersecting such through highways, or may designate any intersection as a stop or yield intersection, and shall erect like signs at one or more entrances to the intersection.
(ORC 4511.65; Ord. 26-90. Passed 2-20-90.)
(e) (EDITOR'S NOTE: Subsection (e) was repealed by Ordinance 2-80, passed January 7, 1980.)
(f) It shall be the duty of the Chief of Police or the officer designated in charge of traffic control, to place and maintain a stop sign or yield sign at each and every street intersecting a through street or that portion thereof described and designated as such.
(Ord. 448-68. Passed 2-3-69.)
(g) Through traffic is prohibited eastbound from 5:00 a.m. to 9:00 a.m. and westbound from 2:30 p.m. to 6:30 p.m., Monday through Saturday, inclusive, on both sides of Old Rockside Road from a point 575 feet eastward from the centerline of Broadview Road easterly to the corporation line of the City. The Director of Public Safety and/or the Director of Public Service are hereby authorized and directed to have “No Through Traffic” signs installed on both sides of Old Rockside Road from a point 575 feet eastward from the centerline of Broadview Road easterly to the corporation line.
(Ord. 194-75. Passed 2-16-76.)
Highway traffic signal indications for vehicles and pedestrians shall have the following meanings:
(a) Steady Green Signal Indication.
(1) A. Vehicular traffic facing a circular green signal indication are permitted to proceed straight through or turn right or left or make a u-turn movement except as such movement is modified by a lane-use sign, turn prohibition sign, lane marking, roadway design, separate turn signal indication, or other traffic control device. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:
1. Pedestrians lawfully within an associated crosswalk;
2. Other vehicles lawfully within the intersection.
B. In addition, vehicular traffic turning left or making a u-turn movement to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
(2) Vehicular traffic facing a green arrow signal indication, displayed alone or in combination with another signal indication, are permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:
A. Pedestrians lawfully within an associated crosswalk;
B. Other traffic lawfully using the intersection.
(3) A. Unless otherwise directed by a pedestrian signal indication, as provided in R.C. § 4511.14, pedestrians facing a circular green signal indication are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection or so close as to create an immediate hazard at the time that the green signal indication is first displayed.
B. Pedestrians facing a green arrow signal indication, unless otherwise directed by a pedestrian signal indication or other traffic control device, shall not cross the roadway.
(b) Steady Yellow Signal Indication.
(1) Vehicular traffic facing a steady circular yellow signal indication are thereby warned that the related green movement or the related flashing arrow movement is being terminated or that a steady red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady circular yellow signal indication is displayed.
(2) Vehicular traffic facing a steady yellow arrow signal indication is thereby warned that the related green arrow movement or the related flashing arrow movement is being terminated. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady yellow arrow signal indication is displayed.
(3) Pedestrians facing a steady circular yellow or yellow arrow signal indication, unless otherwise directed by a pedestrian signal indication as provided in R.C. § 4511.14 or other traffic control device, shall not start to cross the roadway.
(c) Steady Red Signal Indication.
(1) A. Vehicular traffic facing a steady circular red signal indication, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal indication to proceed is displayed except as provided in divisions (c)(1), (c)(2), and (c)(3) of this section.
B. Except when a traffic control device is in place prohibiting a turn on red or a steady red arrow signal indication is displayed, vehicular traffic facing a steady circular red signal indication is permitted, after stopping, to enter the intersection to turn right, or to turn left from a one-way street into a one-way street. The right to proceed with the turn shall be subject to the provisions that are applicable after making a stop at a stop sign.
(2) A. Vehicular traffic facing a steady red arrow signal indication shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal indication or other traffic control device permitting the movement indicated by such red arrow is displayed.
B. When a traffic control device is in place permitting a turn on a steady red arrow signal indication, vehicular traffic facing a steady red arrow indication is permitted, after stopping, to enter the intersection to turn right, or to turn left from a one-way street into a one-way street. The right to proceed with the turn shall be limited to the direction indicated by the arrow and shall be subject to the provisions that are applicable after making a stop at a stop sign.
(3) Unless otherwise directed by a pedestrian signal indication as provided in R.C. § 4511.14 or other traffic control device, pedestrians facing a steady circular red or steady red arrow signal indication shall not enter the roadway.
(4) Local authorities by ordinance, or the Director of Transportation on state highways, may prohibit a right or a left turn against a steady red signal at any intersection, which shall be effective when signs giving notice thereof are posted at the intersection.
(d) Flashing Green Signal Indication. A flashing green signal indication has no meaning and shall not be used.
(e) Flashing Yellow Signal Indication.
(1) A. Vehicular traffic, on an approach to an intersection, facing a flashing circular yellow signal indication, is permitted to cautiously enter the intersection to proceed straight through or turn right or left or make a u-turn movement except as such movement is modified by lane-use signs, turn prohibition signs, lane markings, roadway design, separate turn signal indications, or other traffic control devices. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:
1. Pedestrians lawfully within an associated crosswalk;
2. Other vehicles lawfully within the intersection.
B. In addition, vehicular traffic turning left or making a u-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
(2) A. Vehicular traffic, on an approach to an intersection, facing a flashing yellow arrow signal indication, displayed alone or in combination with another signal indication, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or other such movement as is permitted by other signal indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u-turn, shall yield the right-of-way to both of the following:
1. Pedestrians lawfully within an associated crosswalk;
2. Other vehicles lawfully within the intersection.
B. In addition, vehicular traffic turning left or making a u-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
(3) Pedestrians facing any flashing yellow signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing yellow signal indication is first displayed.
(4) When a flashing circular yellow signal indication is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory or warning requirements of the other traffic control device, which might not be applicable at all times, are currently applicable.
(f) Flashing Red Signal Indication.
(1) Vehicular traffic, on an approach to an intersection, facing a flashing circular red signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the provisions that are applicable after making a stop at a stop sign.
(2) Pedestrians facing any flashing red signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing red signal indication is first displayed.
(3) When a flashing circular red signal indication is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory requirements of the other traffic control device, which might not be applicable at all times, are currently applicable. Use of this signal indication shall be limited to supplementing stop, do not enter, or wrong way signs, and to applications where compliance with the supplemented traffic control device requires a stop at a designated point.
(g) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
(h) This section does not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by R.C. §§ 4511.61 and 4511.62.
(ORC 4511.13)
(i) “No Turn on Red” Locations. The Director of Public Safety is hereby authorized and directed to have installed at the following locations “NO TURN ON RED” signs:
Location | Number of Signs | Week Days From 7:30 a.m. to 4:00 p.m. or Full Time | Traffic Movement Affected |
Meadow Lane, Hoertz and Pleasant Valley | 4 | Week Days From 7:30 a.m. to 4:00 p.m. | All right turns |
Queens Highway and Snow | 2 | Week Days From 7:30 a. m. to 4:00 p.m. | West to North, South to West |
Kings Highway (Hanna School) and Snow | 1 | Week Days From 7:30 a.m. to 4:00 p.m. | West to North |
Albertly and State | 2 | Week Days From 7:30 a.m. to 4:00 p.m. | South to West, East to South |
Ridgewood Drive and State | 1 | Week Days From 7:30 a.m. to 4:00 p.m. | North to East |
Orchard Park and State | 2 | Week Days From 7:30 a.m. to 4:00 p.m. | All right turns |
State Road Park Boulevard, Dellwood and State | 4 | Full time | All right turns |
State Road Park Boulevard, Hollywood and West 54th Street | 4 | Week Days From 7:30 a.m. to 4:00 p.m. | All right turns |
Moore and York | 2 | Week Days From 7:30 a.m. to 4:00 p.m. | North to East, West to North |
Gettsyburg and Broadview | 2 | Week Days From 7:30 a.m. to 4:00 p.m. | All right turns |
Bauerdale and Pearl | 2 | Week Days From 7:30 a.m. to 4:00 p.m. | All right turns |
Roycroft, Parmatown and Ridgewood Drive | 2 | From Memorial Day to Labor Day only | All right turns |
Ann Arbor, Nike Park and Pleasant Valley Road | 4 | Full time | All right turns |
Ames and Day | 1 | Full time | North to East |
Ridge, Pearl and Theota | North to Northeast; South to Southwest | ||
Ridge and Regal Drive | 2 | Week Days From 7:30 a.m. to 4:00 p.m. | West to North, North to East |
(Ord. 279-94. Passed 11-9-94; Ord. 323-01. Passed 10-1-01.)
(a) Definitions. As used in this section, the meanings of applicable terms are as defined in R.C. 4511.092. In addition, the term "System" may be used interchangeably with the term “Traffic Law Photo-Monitoring Device.”
(b) Civil Enforcement System Established.
(1) General. The City hereby adopts the use of traffic law photo-monitoring devices to detect and enforce violations of applicable speed limits in school zones. The City shall operate this system in compliance with all pertinent requirements and limitations set forth in R.C. Chapter 4511.
A violation of this section shall be deemed a civil violation for which a fine is assessed. No points shall be assessed against the operating record of any person on whom liability is imposed under this section.
(2) Prerequisites to System Deployment. The Safety Director shall ensure the requirements of R.C. 4511.094 and R.C. 4511.095 are met prior to deploying any traffic law photo-monitoring device.
(3) System Locations. Traffic law photo-monitoring devices may be deployed in any area used as a school zone in the City.
(4) Program Oversight. The Safety Director shall oversee the program authorized by this section. The Service Director shall oversee the installation and maintenance of all traffic law photo-monitoring devices by a vendor.
(5) Rules and Regulations. The Safety Director may issue rules and regulations to carry out the provisions of this section, which shall be effective 30 days after being posted at the Council office. The rules and regulations may also be published on the City website and kept on file with the Safety Director.
(c) Offense.
(1) Speeding Violation; Civil Fine. The registered owner of a vehicle that is recorded by a traffic law photo-monitoring device being operated in a school zone at a speed greater than five miles per hour over the speed limit set forth in Section 333.03(b) of these Codified Ordinances is liable for the following civil penalties:
A. Six to nine miles per hour over the speed limit: $100.
B. Ten miles per hour or more over the speed limit: $200.
(2) Evidence of Ownership. It is prima facie evidence that the person registered as the owner of the vehicle with the Ohio Bureau of Motor Vehicles, or with any other State vehicle registration office, was operating the vehicle at the time of the offense set out in division (c)(1) of this section.
(3) Issuing Ticket. Any ticket for a traffic violation set forth in this section shall be issued in compliance with R.C. 4511.096, as follows:
A. A Parma police officer shall examine evidence of alleged traffic law violations recorded by the system to determine whether a violation has occurred. If the image(s) recorded by the traffic law photo-monitoring device shows a violation, contains the date and time of the violation, and shows the letter and numerals on the license plate of the vehicle involved as well as the state that issued the license plate, the officer may use any lawful means to identify the registered owner.
B. Within 30 days of the traffic law violation, the City or its designee will file the ticket with the Parma Municipal Court in compliance with the Courts rules and regulations relating to such tickets. The Court may then issue and send by regular mail or other methods consistent with the Court’s rules, a ticket charging the registered owner with the violation.
C. A certified copy of the ticket alleging a traffic law violation, sworn to or affirmed by a Parma police officer, including by electronic means, and the recorded images produced by the traffic law photo-monitoring device, is prima facie evidence of the facts contained therein and is admissible in a proceeding for review of the ticket issued under this section.
(4) Content of Ticket. Any ticket issued pursuant to this section shall contain the following information, in accordance with R.C. 4511.097:
A. The name and address of the registered owner;
B. The letters and numerals appearing on the license plate issued to the motor vehicle;
C. The traffic law violation charged;
D. The system location;
E. The date and time of the violation;
F. A copy of the recorded images;
G. The amount of the civil penalty imposed, the date by which the civil penalty is required to be paid, and the address to which the payment is to be sent;
H. A statement signed by a Parma police officer indicating that, based on an inspection of recorded images, the motor vehicle was involved in a traffic law violation, and a statement indicating that the recorded images are prima facie evidence of that traffic law violation both of which may be signed electronically;
I. Information advising the person or entity alleged to be liable of the options prescribed in division (d)(1) of this section, specifically to include the time, place, and manner in which an appeal may be initiated and the procedure for disclaiming liability by submitting an affidavit as prescribed in that subsection;
J. A warning that failure to exercise one of the options prescribed in division (d)(1) of this section is deemed to be an admission of liability and waiver of the opportunity to contest the violation.
(5) Payments; Default Fees. The amount of the penalty shall be paid within 30 days from the receipt of the ticket. If the amount of the penalty is not paid within this time, twenty dollars ($20.00) shall be imposed as a default fee. Failure to pay the penalty and the twenty-dollar ($20.00) default fee within 60 days from the date of mailing of the ticket will result in the imposition of an additional twenty-dollar ($20.00) default fee, bringing the default fee to forty dollars ($40.00). Failure to pay the penalty and the forty-dollar ($40.00) default fee within 90 days from the date of mailing of the ticket will result in the unpaid penalty and default fee being forwarded for collection.
(6) Default and Collection. Failure to timely elect and perform one of the options contained in division (d)(1) of this section shall constitute an admission of the violation and a waiver of the opportunity to contest the violation. Further, if the registered owner or operator fails to pay the penalty within the period set forth in division (c)(5) of this section, the penalty, along with the additional late fee(s), may be collected by civil suit or other appropriate means of collection.
(7) Other Offenses and Penalties Not Abrogated. Nothing in this section shall be construed as altering or limiting Sections 333.03
or 313.03
of these Codified Ordinances, the criminal penalties imposed by those sections, or the ability of a police officer to enforce those sections against any offender observed by the officer violating either of those sections. Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of division (c)(1) of this section.
(d) Contesting Ticket.
(1) Options Upon Receipt of Ticket. Consistent with R.C. 4511.098, a recipient of a ticket shall elect to do one of the following:
A. In accordance with instructions on the ticket, within 30 days after receipt of the ticket, pay the civil penalty, thereby failing to contest liability and waiving the opportunity to contest the violation;
B. Within 30 days after receipt of the ticket, provide the Court with either of the following affidavits:
1. An affidavit executed by the registered owner stating that another person was operating the vehicle of the registered owner at the time of the violation, identifying that person as a designated party who may be held liable for the violation, and containing at a minimum the name and address of the designated party;
2. An affidavit executed by the registered owner stating that at the time of the violation, the motor vehicle or the license plates issued to the motor vehicle were stolen and therefore were in the care, custody, or control of some person or entity to whom the registered owner did not grant permission to use the motor vehicle. In order to demonstrate that the motor vehicle or the license plates were stolen prior to the traffic law violation and therefore were not under the control or possession of the registered owner at the time of the violation, the registered owner shall submit proof that a report about the stolen motor vehicle or license plates was filed with the appropriate law enforcement agency prior to the violation or within 48 hours after the violation occurred.
C. If the recipient is the registered owner of the motor vehicle involved in the traffic law violation and is a motor vehicle leasing dealer or a motor vehicle renting dealer, the recipient shall within 30 days after receipt of ticket notify the Court of the name and address of the lessee or renter of the motor vehicle at the time of the traffic law violation. A motor vehicle leasing dealer or motor vehicle renting dealer who receives a ticket for an alleged traffic law violation detected by a traffic law photo-monitoring device is not liable for a ticket issued for a motor vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation. The dealer shall not pay such a ticket and subsequently attempt to collect a fee or assess the lessee or renter a charge for any payment of such a ticket made on behalf of the lessee or renter;
D. If the recipient is the registered owner of the motor vehicle involved in the traffic law violation and the motor vehicle is a commercial motor vehicle, and the ticket is issued to a corporate entity, the recipient shall within 30 days after receipt of ticket, provide to the Court an affidavit, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the motor vehicle at the time of the alleged violation and who is the designated party;
E. Contest the ticket by filing a written request with the Court for a hearing. The person or entity shall file the written request not later than 30 days after receipt of the ticket. The failure to request a hearing within this time period constitutes a waiver of the right to contest the violation and ticket, and is deemed to constitute an admission of liability and waiver of the opportunity to contest the violation.
(2) A registered owner is not responsible for a traffic law violation if, within 30 days after the date of receipt of the ticket, the registered owner furnishes an affidavit specified in division (d)(1)B or (d)(1)D. of this section to the Court in a form established by the Court and the following conditions are met:
A. If the registered owner submits an affidavit as specified in division (d)(1)B.1. or (d)(1)D. of this section, and the designated party either accepts liability for the violation by paying the civil penalty or fails to request a hearing within 30 days or is determined liable at hearing;
B. If the registered owner submits an affidavit as specified in division (d)(1)B.2. of this section, the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division.
(3) If the Court timely receives an affidavit described in division (d)(l)B.1. or (d)(1)D. of this section or a notification under division (d)(1)C. of this section from a registered owner, it may proceed to notify the City to send a ticket that conforms with division (c)(4) of this section to the designated party. The City shall send the ticket to the designated party by ordinary mail not later than 21 days after receipt of the affidavit or notification.
(4) Initial Appearance; Hearing; Procedures.
A. Initial appearance. When a person or entity named in a ticket elects to contest the ticket and completes the requirements prescribed in division (d)(1)E. of this section in a timely manner the case shall be set for an initial appearance, and the following will apply:
1. The Parma Municipal Court shall conduct an initial appearance not later than 180 days after the filing of a written request for the hearing. The Court may extend the time period in which an initial appearance must be conducted upon a request for additional time for good cause shown.
2. At the initial appearance, the person or entity named in the ticket can discuss any questions or concerns relating to the ticket, including possible resolution.
B. Evidentiary hearing. If the case is not resolved at the initial appearance, it will be set for an evidentiary hearing. The court shall conduct an evidentiary hearing within 90 days of the initial appearance. The following will apply:
1. The Court shall ensure that the evidentiary hearing is open to the public. The Court shall post a docket in a conspicuous place near the entrance to the hearing room. The Court shall identify on the docket, by respondent, the hearings scheduled for that day and the time of each hearing. The Court may schedule multiple hearings for the same time to allow for occurrences such as nonappearances or admissions of liability.
2. The person who requested the evidentiary hearing or a representative of the entity that requested the hearing shall appear for the hearing and may present evidence at the hearing. The City may present evidence at the hearing.
3. At the evidentiary hearing, the Court shall determine whether a preponderance of the evidence establishes that the violation alleged in the ticket did in fact occur and that the person or entity requesting the review is the person who was operating the vehicle at the time of the violation.
4. If the Court finds by a preponderance of the evidence that the alleged traffic law violation did in fact occur and that the person or entity named in the ticket is the person who was operating the vehicle at the time of the violation, the Court shall issue a written decision imposing liability for the violation upon the individual or entity.
5. If the Court finds by a preponderance of the evidence that the alleged traffic law violation did not occur or did in fact occur but the person or entity named in the ticket is not the person who was operating the vehicle at the time of the violation, the Court shall issue a written decision finding that the individual or entity is not liable for the violation.
C. If the person who requested the hearing or a representative of the entity that requested the hearing fails to appear at the hearing, the Court shall determine that the person or entity is liable for the violation. In such a case, the Court shall issue a written decision imposing liability for the violation upon the individual or entity.
D. 1. If the Court finds that the person or entity named in the ticket was not the person who was operating the vehicle at the time of the violation or receives evidence identifying the designated party, the Court shall provide to the City or its designee, within five days of the hearing, a copy of any evidence substantiating the identity of the designated party.
2. Upon receipt of evidence of the identity of the designated party, the City or its designee may issue a ticket to the designated party. The City shall send the ticket by ordinary mail not later than 21 days after receipt of the evidence from the Court or the registered owner of the identity of the designated party.
E. If a designated party who is issued a ticket under this section contests the ticket by filing a written request for a hearing not later than 30 days after receipt of the ticket, the Court shall require the registered owner of the motor vehicle also to attend the hearing. If at the hearing involving the designated party the Court cannot determine the identity of the operator of the vehicle at the time of the violation, the registered owner is liable for the violation. The Court then shall issue a written decision imposing liability for the violation on the registered owner. If the designated party also is a registered owner of the vehicle, liability for the violation shall follow the order of registered owners as listed on the title to the vehicle.
F. A person who is named in a ticket for a traffic violation under this section may assert a testimonial privilege in accordance with R.C. 2317.02(D).
G. No decision rendered under this section, and no admission of liability under this section or R.C. 4511.098, is admissible as evidence in any other judicial proceeding in this state.
(Ord. 21-22. Passed 2-22-22.)
The meanings of lane-use control signal indications are as follows:
(a) A Steady Downward Green Arrow. A road user is permitted to drive in the lane over which the arrow signal indication is located.
(b) A Steady Yellow “X”. A road user is to prepare to vacate the lane over which the signal indication is located because a lane control change is being made to a steady red “X” signal indication.
(c) A Steady White Two-Way Left-Turn Arrow. A road user is permitted to use a lane over which the signal indication is located for a left turn, but not for through travel, with the understanding that common use of the lane by oncoming road users for left turns also is permitted.
(d) A Steady White One-Way Left-Turn Arrow. A road user is permitted to use a lane over which the signal indication is located for a left turn, without opposing turns in the same lane, but not for through travel.
(e) A Steady Red “X”. A road user is not permitted to use the lane over which the signal indication is located and that this signal indication shall modify accordingly the meaning of other traffic controls present.
(ORC 4511.131; Ord. 269-74. Passed 12-16-74.)
Whenever special pedestrian-control signals exhibiting the words “walk” or “don’t walk”, or the symbol of a walking person or an upraised palm are in place, these signals shall indicate the following instructions:
(a) A steady walking person signal indication, which symbolizes “walk”, means that a pedestrian facing the signal indication is permitted to start to cross the roadway in the direction of the signal indication, possibly in conflict with turning vehicles. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the time that the walking person signal indication is first shown.
(b) A flashing upraised hand signal indication, which symbolizes “don't walk”, means that a pedestrian shall not start to cross the roadway in the direction of the signal indication, but that any pedestrian who has already started to cross on a steady walking person signal indication shall proceed to the far side of the traveled way of the street or highway, unless otherwise directed by a traffic control device to proceed only to the median of a divided highway or only to some other island or pedestrian refuge area.
(c) A steady upraised hand signal indication means that a pedestrian shall not enter the roadway in the direction of the signal indication.
(d) Nothing in this section shall be construed to invalidate the continued use of pedestrian control signals utilizing the word “wait” if those signals were installed prior to March 28, 1985.
(e) A flashing walking person signal indication has no meaning and shall not be used.
(ORC 4511.14; Ord. 218-85, passed 11-18-85.)
(a) Whenever an illuminated flashing red or yellow traffic signal is used in a traffic signal or with a traffic sign, it shall require obedience as follows:
(1) Flashing Red Stop Signal. Operators of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(2) Flashing Yellow Caution Signal. Operators of vehicles may proceed through the intersection or past the signal only with caution.
(b) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by Ohio R.C. 4511.61 and 4511.62, or substantially equivalent municipal ordinances.
(Ord. 269-74. Passed 12-16-74.)
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