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§ 70.28 UNAUTHORIZED POSSESSION OR SALE OF DEVICES.
   (A)   As used in this section, TRAFFIC CONTROL DEVICE means any sign, traffic control signal or other device conforming to and placed or erected in accordance with the manual adopted under R.C. § 4511.09 by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic, including signs denoting the names of streets and highways, but does not mean any pavement marking.
   (B)   No individual shall buy or otherwise possess, or sell, a traffic control device, except when one of the following applies:
      (1)   In the course of the individual’s employment by the state or a local authority for the express or implied purpose of manufacturing, providing, erecting, moving or removing such a traffic control device;
      (2)   In the course of the individual’s employment by any manufacturer of traffic control devices other than a state or local authority;
      (3)   For the purpose of demonstrating the design and function of a traffic control device to state or local officials;
      (4)   When the traffic control device has been purchased from the state or a local authority at a sale of property that is no longer needed or is unfit for use; or
      (5)   When the traffic control device has been properly purchased from a manufacturer for use on private property and the person possessing the device has a sales receipt for the device or other acknowledgment of sale issued by the manufacturer.
   (C)   This section does not preclude, and shall not be construed as precluding, prosecution for theft in violation of R.C. § 2913.02, or a substantially equivalent municipal ordinance, or for receiving stolen property in violation of R.C. § 2913.51, or a substantially equivalent municipal ordinance.
   (D)   Whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 4511.18) Penalty, see § 70.99
§ 70.29 SIGNAL PREEMPTION DEVICES; PROHIBITIONS.
   (A)   (1)   No person shall possess a portable signal preemption device.
      (2)   No person shall use a portable signal preemption device to affect the operation of a traffic-control device.
   (B)   Division (A)(1) of this section does not apply to any of the following persons and division (A)(2) of this section does not apply to any of the following persons when responding to an emergency call:
      (1)   A peace officer, as defined in R.C. § 109.17(A)(1), (A)(12), (A)(14), or (A)(19);
      (2)   A state highway patrol officer;
      (3)   A person while occupying a public safety vehicle as defined in R.C. § 4511.01(E)(1), (E)(3), or (E)(4).
   (C)   Whoever violates division (A)(1) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (A)(2) of this section is guilty of a misdemeanor of the first degree.
   (D)   As used in this section, PORTABLE SIGNAL PREEMPTION DEVICE means a device that, if activated by a person, is capable of changing a traffic-control signal to green out of sequence.
(R.C. § 4511.031)
§ 70.30 TRAFFIC LAW PHOTO-MONITORING DEVICES.
   (A)   As used in this section, TRAFFIC LAW PHOTO-MONITORING DEVICE means an electronic system consisting of a photographic, video, or electronic camera and a means of sensing the presence of a motor vehicle that automatically produces photographs, videotape, or digital images of the vehicle or its license plate.
   (B)   (1)   The municipality shall not use traffic law photo-monitoring devices to enforce any traffic law until after it has erected signs on every highway that is not a freeway that is part of the state highway system and that enters the municipality. The signs shall inform inbound traffic that the municipality utilizes traffic law photo-monitoring devices to enforce traffic laws. The signs shall be erected within the first 300 feet of the boundary of the municipality or, if the signs cannot be located within the first 300 feet of the boundary of the municipality, as close to that distance as possible, provided that if a particular highway enters and exits the territory of the municipality multiple times, the municipality shall erect the signs as required by this division at the locations in each direction of travel where inbound traffic on the highway first enters the territory of the municipality and is not required to erect additional signs along such highway each time the highway reenters the territory of the municipality. The municipality is responsible for all costs associated with the erection, maintenance, and replacement, if necessary, of the signs. All signs erected under this division shall conform in size, color, location, and content to standards contained in the manual adopted by the Department of Transportation pursuant to R.C. § 4511.09 and shall remain in place for as long as the municipality utilizes traffic law photo-monitoring devices to enforce any traffic law. Any ticket, citation, or summons issued by or on behalf of the municipality for any traffic law violation based upon evidence gathered by a traffic law photo-monitoring device after March 12, 2009, but before the signs have been erected, is invalid; provided that no ticket, citation, or summons is invalid if the municipality is in substantial compliance with the requirement of this division to erect the signs.
      (2)   The municipality is deemed to be in substantial compliance with the requirement of division (B)(1) of this section to erect the advisory signs if the municipality does both of the following:
         (a)   First erects all signs as required by division (B)(1) of this section and subsequently maintains and replaces the signs as needed so that at all times at least 90% of the required signs are in place and functional;
         (b)   Annually documents and upon request certifies its compliance with division (B)(2)(a) of this section.
   (C)   If the municipality uses traffic law photo-monitoring devices to enforce any traffic law at an intersection where traffic is controlled by traffic control signals that exhibit different colored lights or colored lighted arrows, the municipality shall time the operation of the yellow lights and yellow arrows of those traffic control signals so that the steady yellow indication exceeds by 1 second the minimum duration for yellow indicators at similar intersections as established by the provisions of the manual adopted by the Department of Transportation under R.C. § 4511.09.
(R.C. § 4511.094)
§ 70.99 PENALTY.
   (A)   Whoever is convicted of or pleads guilty to a misdemeanor or minor misdemeanor shall be sentenced in accordance with § 130.99(B) to (G).
   (B)   Whoever violates any provision of this traffic code for which no penalty otherwise is provided in the section violated is guilty of one of the following:
      (1)   Except as otherwise provided in division (B)(2) or (B)(3) of this section, a minor misdemeanor;
      (2)   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, a misdemeanor of the fourth degree;
      (3)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to 2 or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.
(R.C. § 4511.99)
Cross-reference:
   Imposing sentence for misdemeanor, see § 130.18
   Modification of sentence; community based correctional program, see § 130.20
   Multiple sentences, see § 130.19
Statutory reference:
   Reimbursement for costs of confinement, see R.C. §§ 2929.36 et seq.