331.04 OVERTAKING AND PASSING UPON RIGHT.
   (a)   The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
      (1)   When the vehicle overtaken is making or about to make a left turn;
      (2)   Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
   (b)   The driver of a vehicle may overtake and pass another vehicle only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.
(ORC 4511.28; A.O.)
   (c)   Whoever violates this section is guilty of a second degree misdemeanor.
(Ord. 87-2019. Passed 9-24-19.)
   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 4511.28)