434.03 MAXIMUM SPEED LIMITS; ASSURED CLEAR DISTANCE AHEAD.
(a) No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper, having due regard for the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle in and upon any street or highway at a greater speed than will permit him or her to bring it to a stop within the assured clear distance ahead.
(ORC 4511.21(A))
(b) It is prima facie lawful, in the absence of a lower limit declared or established pursuant to this section by the Director of Transportation or local authorities, for the operator of a motor vehicle to operate the same at a speed not exceeding the following:
(1) Fifteen miles per hour on all alleys within the Municipality and on Loraine Avenue and Erie Street;
(2) A. Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when 20 miles per hour school speed limit signs are erected. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the Manual and Specifications for a Uniform System of Traffic-Control Devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect.
B. As used in this section, “school” means all of the following:
1. Any school chartered under R.C. § 3301.16;
2. Any nonchartered school that during the preceding year filed with the Ohio Department of Education and Workforce in compliance with O.A.C. 3301-35-08, a copy of the school's report for the parents of the school's pupils certifying that the school meets state minimum standards for nonchartered, nontax-supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone;
3. Any special elementary school that in writing requests the County Engineer to create a school zone at the location of the school. Upon receipt of the written request, the County Engineer shall create a school zone at that location by erecting appropriate signs;
4. Any preschool education program operated by an educational service center that is located on a street or highway with a speed limit of 45 miles per hour or more, when the educational service center in writing requests that the County Engineer create a school zone at the location of that program. Upon receipt of such a written request, the County Engineer shall create a school zone at that location by erecting the appropriate signs.
C. As used in this section, “school zone” means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a State highway. Upon request from local authorities for streets and highways under their jurisdiction and that portion of a State highway under the jurisdiction of the Director of Transportation or a request from a County Engineer in the case of a school zone for a special elementary school, the Director may extend the traditional school zone boundaries. The distances in divisions (b)(2)C.1. through 3. below shall not exceed 300 feet per approach per direction, and are bounded by whichever of the following distances or combination thereof the Director approves as most appropriate:
1. The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of 300 feet on each approach direction;
2. The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of 300 feet on each approach direction;
3. The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of 300 feet on each approach direction of the highway.
D. Nothing in this section shall be construed to invalidate the Director’s initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in divisions (b)(2)A. and (b)(2)C. of this section.
E. As used in this section, “crosswalk” has the meaning given that term in Section 402.10(b). The Ohio Director of Transportation may, upon request by resolution of Council, and upon submission by the Municipality of such engineering, traffic and other information as the Ohio Director of Transportation considers necessary, designate a school zone on any portion of a State route lying within the Municipality that includes a crosswalk customarily used by children going to or leaving a school during recess and opening and closing hours, whenever the distance, as measured in a straight line, from
the school property line nearest the crosswalk to the nearest point of the crosswalk is not more than 1,320 feet. Such a school zone shall include the distance encompassed by the crosswalk and extending 300 feet on each approach direction of the State route.
F. The Director may, upon request by resolution of the Legislative Authority and upon submission by the Municipality of such engineering, traffic, and other information as the Director considers necessary, designate a school zone on any portion of a State route lying within the Municipality that includes a crosswalk customarily used by children going to or leaving a school during recess and opening and closing hours, whenever the distance, as measured in a straight line, from the school property line nearest the crosswalk to the nearest point of a crosswalk is no more than 1,320 feet. Such a school zone shall include the distance encompassed by the crosswalk and extending 300 feet in each appropriate direction of the State route.
G. As used in this section, “special elementary school” means a school that meets all of the following:
1. It is not chartered and does not receive tax revenue from any source.
2. It does not educate children beyond the eighth grade.
3. It is located outside the limits of a municipal corporation.
4. A majority of the total number of students enrolled at the school are not related by blood.
5. The principal or other person in charge of the special elementary school annually sends a report to the superintendent of the school district in which the special elementary school is located indicating the total number of students enrolled at the school, but otherwise the principal or other person in charge does not report any other information or data to the superintendent.
(ORC 4511.21(B)) (Adopting Ordinance)
(3) Twenty-five miles per hour in all other portions of the Municipality, except on State routes outside business districts, through highways outside business districts, and alleys, and including the following streets, avenues, alleys and by-ways:
A. Bath Street
B. Catawba Avenue
C. Chapman Avenue
D. Chapman Road
E. Cincinnati Street
F. Concord Street
G. Delaware Avenue
H. Doller Avenue
I. East Pointe Boulevard
J. Hartford Avenue
K. Ibis Avenue
L. Lake View Avenue
M. Sybil Avenue
N. Toledo Avenue
O. Victory Avenue; and
(Ord. 782-00. Passed 5-11-00.)
(4) Thirty-five miles per hour on all state routes or through highways within the Municipality outside business districts, except as otherwise provided in division (b)(3) of this section;
(c) It is prima facie unlawful for any person to exceed any of the speed limitations in division (b) of this section or any declared or established pursuant to division (g) through (i) of this section or of Ohio, R.C. 4511.21 by the Director or local authorities and it is unlawful for any person to exceed any of the speed limitations in. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.
(ORC 4511.21(C))
(d) Pursuant to Ohio R.C. 4511.21(E), in every charge of violating this section, the affidavit and warrant shall specify the time, place and speed at which the defendant is alleged to have driven, and in charges made in reliance upon division (c) of this section also the speed which division (b) of, or a limit declared or established pursuant to, this section or Ohio R.C. 4511.21 declares is prima facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit the person to bring the vehicle to stop within the assured clear distance ahead, the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.
(e) Pursuant to Ohio R.C. 4511.21(F), when a speed in excess of both a prima facie is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of division (b)(1), (2), (3) or (4) of this section, or of a limit declared or established pursuant to this section or Ohio R.C. 4511.21 by the Director or local authorities. If the court finds a violation of division (b)(1), (2), (3) or (4), of this section, or of a limit declared or established pursuant to divisions (g) through (i) of this section or Ohio R.C. 4511.21 has occurred, it shall enter judgment of conviction under such division.
(ORC 4511.21(F))
(f) Pursuant to Ohio R.C. 4511.21(G), points shall be assessed for a violation of a limitation under division (d) of this section in accordance with Ohio R.C. 4510.036.
(ORC 4511.21(G))
(g) Whenever the Ohio Director of Transportation determines, upon the basis of a geometric and traffic characteristic study, that any speed limit set forth in divisions (b) and (c) of this section is greater than is reasonable or safe under the conditions found to exist at any portion of a street or highway under the jurisdiction of the Director, the Director shall determine and declare a reasonable and safe prima-facie speed limit, which shall be effective when appropriate signs giving notice of it are erected at the location.
(h) (1) Except as provided in division (h)(2) of this section, whenever Council determines, upon the basis of an engineering and traffic investigation, that the speed permitted by divisions (b) and (c) of this section, on any part of a highway under its jurisdiction, is greater than is reasonable and safe under the conditions found to exist at such location, Council may, by resolution, request the Director to determine and declare a reasonable and safe prima-facie speed limit. Upon receipt of such request, the Director may determine and declare a reasonable and safe prima-facie speed limit at such location, and if the Director does so, then such declared speed limit shall become effective only when appropriate signs giving notice thereof are erected at such location by the Municipality. The Director may withdraw the declaration of a prima-facie speed limit whenever in the Director’s opinion the altered prima-facie speed becomes unreasonable. Upon such withdrawal, the declared prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the Municipality.
(2) Council may determine, on the basis of a geometric and traffic characteristic study, that the speed limit of 65 miles per hour on a portion of a freeway under its jurisdiction that was established through the operation of Ohio R.C. 4511.21(L)(3) is greater than is reasonable or safe under the conditions found to exist at that portion of the freeway. If Council makes such a determination, Council by resolution may request the Director to determine and declare a reasonable and safe speed limit of not less than 55 miles per hour for that portion of the freeway. If the Director takes such action, the declared speed limit becomes effective only when appropriate signs giving notice of it are erected at such location by the Municipality.
(i) (1) Council may authorize by ordinance higher prima-facie speeds than those stated in this section upon through highways, or upon highways or portions thereof where there are no intersections, or between widely spaced intersections, provided that signs are erected giving notice of the authorized speed, but Council shall not modify or alter the basic rule set forth in division (a) of this section or in any event authorize by ordinance a speed in excess of 50 miles per hour.
(2) Alteration of prima-facie limits on State routes by Council shall not be effective until the alteration has been approved by the Director. The Director may withdraw approval of any altered prima-facie speed limits whenever in the Director’s opinion any altered prima-facie speed becomes unreasonable, and upon such withdrawal, the altered prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the Municipality.
(ORC 4511.21(H) - (J))
(j) As used in this section:
(1) “Commercial bus” means a motor vehicle designed for carrying more than nine passengers and used for the transportation of persons for compensation.
(2) “Interstate system” has the same meaning as in 23 U.S.C.A. 101.
(3) “Noncommercial bus” includes, but is not limited to, a school bus, or a motor vehicle operated solely for the transportation of persons associated with a charitable or nonprofit organization.
(4) “Outerbelt.” A portion of a freeway that is part of the interstate system and is located in the outer vicinity of a major municipal corporation or group of municipal corporations, as designated by the Director.
(5) “Rural.” Outside urbanized areas, as designated in accordance with 23 U.S.C. § 101, and outside of a business or urban district.
(ORC 4511.21(O))
(k) Penalty.
(1) A violation of any provision of this section is one of the following:
A. Except as otherwise provided in divisions (k)(1)B., (k)(1) C., and (k)(2) and (k)(3) 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 any provision of this section, Ohio R.C. 4511.21, or any provision of any other municipal ordinance that is substantially equivalent to any provision of that section, 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 any provision of this section, Ohio R.C. 4511.21, or any provision of any other municipal ordinance that is substantially equivalent to any provision of that section, a misdemeanor of the third degree.
(2) If the offender operated a motor vehicle faster than 35 miles an hour in a business district of the municipality, faster than 50 miles an hour in other portions of the municipality, or faster than 35 miles an hour in a school zone during recess or while children are going to or leaving school during the school's opening or closing hours, a misdemeanor of the fourth degree. This division does not apply if penalties may be imposed under division (k)(1)B. or (k)(1)C. of this section.
(3) Notwithstanding division (k)(1) of this section, if the offender operated a motor vehicle in a construction zone where a sign was then posted in accordance with Ohio R.C. 4511.98, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two times the usual amount imposed for the violation. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender if the offender alleges, in an affidavit filed with the court prior to the offender’s sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this division and if the court determines that the offender is an indigent person and unable to pay the fine.
(4) 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 § 408.02(b).
(ORC 4511.21(P))