404.03 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED.

   The provisions of this Traffic Code do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a street or highway within an area designated by traffic control devices, but apply to such persons and vehicles when traveling to or from such work.

   The drivers of snow plows, traffic line stripers, road sweepers, mowing machines, tar distributing vehicles and other vehicles utilized in snow and ice removal or road surface maintenance, while engaged in work upon a street or highway, provided such vehicles are equipped with flashing lights and such other markings as are required by law, and such lights are in operation when the vehicles are so engaged, shall be exempt from criminal prosecution for violations of Sections 432.01 to 432.04, inclusive, 432.06 to 432.08, inclusive, 432.29, 434.04 and from civil liability pursuant to the provisions of Chapter 450. Such exemption shall not apply to such drivers when their vehicles are not so engaged. This section shall not exempt a driver of such equipment from civil liability arising from the violations of the sections referred to herein except as otherwise set out herein in relation to Chapter 450.

(Ord. 2000-177. Passed 10-2-00.)

404.04 APPLICATION TO PERSONS RIDING, DRIVING ANIMALS UPON ROADWAY.

   Every person riding, driving or leading an animal upon a roadway shall be subject to the provisions of this Traffic Code applicable to the driver of a vehicle, except those provisions of such sections which by their nature are inapplicable.

(ORC 4511.05)

   Penalty - see Sections 408.01 and 408.02.

404.041 EMERGENCY, PUBLIC SAFETY AND CORONER’S VEHICLES EXEMPT.

   (a)    Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 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 all sections of this Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed above, 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 vehicle 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.
(ORC 4511.041)

   (b)   Ohio 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, and all sections of this Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed above, do not apply to a coroner, deputy coroner, or coroner’s investigator operating a motor vehicle in accordance with Ohio R.C. 4513.171. This section 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.

(ORC 4511.042)

404.05 IMPOUNDING OF VEHICLES; REDEMPTION.

   (a)   Police officers are authorized to provide for the removal and impounding of a vehicle if the police officer(s) have reasonable cause to believe that any of the following circumstances exist:

      (1)   When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations;

      (2)   When any motor vehicle, other than an abandoned junk vehicle, as defined in Section 632.01, is left on private residential property, as defined in Section 452.05(d), or on private agricultural property, without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right of way of any road or highway, for forty-eight consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place or without the subsequent approval by the Chief of Police;

      (3)   When any abandoned junk vehicle is left on private or public property in violation of Section 632.02;

      (4)   When any vehicle has been stolen or operated without the consent of the owner;

      (5)   When any vehicle displays illegal license plates or fails to display the current lawfully required license plates;

      (6)   When any vehicle has been used in or connected with the commission of a felony, a misdemeanor of the first or second degree or a violation of Section 642.10;

      (7)   When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code, whereby its continued operation would constitute a condition hazardous to life, limb or property;

      (8)   When any vehicle is left unattended due to the removal of an ill, injured or arrested operator;

      (9)   When any vehicle has been operated by any person who has failed to stop in case of an accident or collision;

      (10)   When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked;

   (b)   Any vehicle removed under authority of paragraph (a)(2) or (3) hereof shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall comply with all applicable provisions of Chapter 450 and 452 and shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges. If the owner of an impounded vehicle files with the Mayor a statement under oath that he or she is unable to pay such charge, the Mayor may remit all or any part of the storage or impounding charge.

   (c)   No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which has been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima-facie evidence that it was so removed by the owner or operator. Whoever violates any provision of Section 404.05(c) is guilty of a second degree misdemeanor.

(Ord. 2000-177. Passed 10-2-00.)

404.06 TRAFFIC DIRECTION IN EMERGENCIES; OBEDIENCE TO SCHOOL GUARDS.

   (a)   Police officers shall direct or regulate traffic in accordance with the provisions of this Traffic Code, provided that in the event of fire or other emergency or to expedite traffic or safeguard pedestrians, they are authorized to direct traffic as conditions may require notwithstanding the provisions of this Traffic Code. Fire-fighters, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. The direction of traffic may be by word or audible signal, by gesture or visible signal or by any combination thereof. No person shall fail to comply with any lawful order or direction of any police officer or fire-fighter issued pursuant to this section.

   (b)   No person shall fail to comply with any lawful order or direction of any school crossing guard invested with authority to direct, control or regulate traffic in the vicinity of the school to which such guard may be assigned.

Penalty - see Sections 408.01 and 408.02.

404.07 APPLICATION TO DRIVERS OF GOVERNMENT VEHICLES.

   The provisions of this Traffic Code applicable to the drivers of vehicles shall apply to the drivers of all vehicles owned or operated by the United States, any state or any political subdivision thereof, including this Municipality, except as may be otherwise provided by law and subject to such specific exceptions as are set forth with reference to authorized emergency and public safety vehicles.

404.08 FAILURE TO APPEAR IN COURT; PENALTY.

   No person who is issued a traffic ticket for the violation of any provision of this Traffic Code, whereon a certain time and date are given when the accused is required to appear in court to answer the charge or charges made, shall fail to appear in court at the time and on the date given. In the event a citation is sent to the accused for failure to appear, as aforesaid, then the accused shall be liable to a fine of five dollars ($5.00) in addition to the fine levied for the violations noted. In the event a warrant is issued for the arrest of the accused for failure to appear and for failure to honor a citation sent to him, as aforesaid, then the accused shall be liable to a fine of fifteen dollars ($15.00) in addition to the fine levied for the violations noted and the fine of five dollars ($5.00) for failure to appear, as aforesaid.

(Ord. 1969-63. Passed 4-21-69.)