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CHAPTER 404: ENFORCEMENT; IMPOUNDING
Section
   404.01   Enforcement by Police Department
   404.02   Resisting an enforcing official
   404.03   Road workers, motor vehicles and equipment excepted
   404.035   Emergency, public safety and coroners’ vehicles excepted
   404.04   Application to persons riding, driving animals upon roadway
   404.05   Impounding of vehicles; redemption
   404.06   Traffic direction in emergencies; obedience to school guards
   404.07   Application to drivers of government vehicles
   404.08   Police may remove ignition key
   404.09   Reporting repossessions of motor vehicles
   404.10   Furnishing false information incident to traffic citation
   404.99   Penalty
   CROSS REFERENCES
   See section histories for similar state law
   Arrest without warrant for misdemeanor, see R.C. § 2935.03
   Authority of arresting officer when radar, electrical or mechanical timing device used, see R.C. 4511.091
   Burden of proof, see R.C. § 2901.05
   Dereliction of duty, see § 606.19
   Discharge for delay in trial, see R.C. § 2945.73
   Disposition of unclaimed or forfeited property held by Police Department, see § 606.24
   Disposition of unclaimed vehicles, see R.C. §§ 737.32, 4513.61 et seq.
   Distinctive uniform required for traffic officers, see R.C. § 4549.15
   Exceptions for emergency or public safety vehicles, see §§ 432.18, 434.06
   Extension of time for hearing or trial, see R.C. § 2945.72
   Failure to aid a law enforcement officer, see § 606.13
   Limitation on criminal prosecutions, see § 606.06
   Marking motor vehicles used by traffic officers, see R.C. § 4549.13
   Obstructing justice, see § 606.15
   Obstructing official business, see § 606.14
   Parking violations waiver, see § 452.17
   Power of trial court of record to suspend license for certain violations, see R.C. §§ 4510.05, 4510.15
   Resisting arrest, see § 606.16
   Right of trial by jury, see R.C. § 2945.17
   Soliciting or receiving improper compensation, see § 606.18
   State point system suspension, see R.C. § 4507.021
   Suspension of riding privileges; impounding of bicycles, see § 474.11
   Time within which hearing or trial must be held, see R.C. § 2945.71
   Uniform application of Ohio Traffic Law, see R.C. § 4511.06
   Use of private property for vehicular travel, see R.C. § 4511.08
§ 404.01 ENFORCEMENT BY POLICE DEPARTMENT.
   The Police Department shall enforce the provisions of this Traffic Code. The Police Chief shall assign such officers and members of the Department as he or she may determine necessary, who shall be charged with the specific duty of enforcing the provisions of this Traffic Code. In the event of fire or other emergency, or to expedite traffic or safeguard pedestrians, members of the Departments of Police and Fire may direct traffic as conditions may require, notwithstanding any other provisions of this Traffic Code.
(Ord. 1989-229, passed 10-2-1989)
§ 404.02 RESISTING AN ENFORCING OFFICIAL.
   (a)   No person shall resist, hinder, obstruct or abuse any sheriff, constable or other official while that official is attempting to arrest offenders under any provision of this Traffic Code. No person shall interfere with any person charged under any provision of this Traffic Code with the enforcement of the law relative to public highways.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4513.36)
   (c)   It is a defense to prosecution under this section that the hindrance, obstruction, resistance or interference alleged consisted of constitutionally protected speech only.
§ 404.03 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED.
   (a)   The provisions of this Traffic Code, except for § 434.01, do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway within an area designated by traffic-control devices, but apply to those persons and vehicles when traveling to or from that work.
   (b)   The driver of a highway maintenance vehicle owned by this state or any political subdivision of this state, while the driver is engaged in the performance of official duties upon a street or highway, provided the highway maintenance vehicle is equipped with flashing lights and any other markings as are required by law and the lights are in operation when the driver and vehicle are so engaged, shall be exempt from criminal prosecution for violations of R.C. §§ 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66, 4513.02 and 5577.01 to 5577.09, and any substantially equivalent municipal ordinance.
   (c)   (1)   This section does not exempt a driver of a highway maintenance vehicle from civil liability arising from a violation of R.C. § 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66 or 4513.02 or 5577.01 to 5577.09, or any substantially equivalent municipal ordinance.
      (2)   This section does not exempt a driver of a vehicle who is not a state employee and who is engaged in the transport of highway maintenance equipment from criminal liability for a violation of R.C. §§ 5577.01 through 5577.09, or any substantially equivalent municipal ordinance.
   (d)   As used in this section, ENGAGED IN THE PERFORMANCE OF OFFICIAL DUTIES includes driving a highway maintenance vehicle to and from the manufacturer or vehicle maintenance provider and transporting a highway maintenance vehicle, equipment, or materials to and from a work location.
(R.C. § 4511.04)
§ 404.035 EMERGENCY, PUBLIC SAFETY AND CORONERS’ VEHICLES EXCEPTED.
   (a)   The provisions of R.C. §§ 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.15, 4511.202, 4511.21, 4511.211, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62, 4511.66, 4511.68, 4511.681 and 4511.69, and any substantially equivalent municipal ordinances, do not apply to the driver of an emergency vehicle or public safety vehicle if the emergency vehicle or public safety vehicle is responding to an emergency call, is equipped with and displaying at least one flashing, rotating or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and if the driver of the vehicles is giving an audible signal by siren, exhaust whistle or bell. This section does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.
(R.C. § 4511.041)
   (b)   The provisions of R.C. §§ 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.35, 4511.36, 4511.37, 4511.38 and 4511.66, or any substantially equivalent municipal ordinances, do not apply to a coroner, deputy coroner or coroner’s investigator operating a motor vehicle in accordance with R.C. § 4513.171 or a substantially equivalent municipal ordinance. This division (b) does not relieve a coroner, deputy coroner or coroner’s investigator operating a motor vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.
(R.C. § 4511.042)
§ 404.04 APPLICATION TO PERSONS RIDING, DRIVING ANIMALS UPON ROADWAY.
   Every person riding, driving or leading an animal upon a roadway is subject to the provisions of this Traffic Code, applicable to the driver of a vehicle, except those provisions of this Traffic Code which by their nature are inapplicable.
(R.C. § 4511.05)
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