(a) Whenever any truck over one ton, bus, commercial tractor, trailer, semi-trailer, or pole trailer is disabled upon the traveled portion of any highway or the shoulder thereof, at any time when lighted lamps are required on such vehicles, the operator of such vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled except as provided in subsection (b) hereof:
(1) A lighted fusee shall be immediately placed on the roadway at the traffic side of such vehicle, unless red electric lanterns or red reflectors are displayed.
(2) Within the burning period of the fusee and as promptly as possible, three lighted flares or pot torches, or three red reflectors or three red electric lanterns shall be placed on the roadway as follows:
A. One at a distance of forty paces or approximately one hundred feet in advance of the vehicle;
B. One at a distance of forty paces or approximately one hundred feet to the rear of the vehicle except as provided in this section, each in the center of the lane of traffic occupied by the disabled vehicle;
C. One at the traffic side of the vehicle.
(b) Whenever any vehicle used in transporting flammable liquids in bulk, or in transporting compressed flammable gases, is disabled upon a highway at any time or place mentioned in subsection (a) hereof, the driver of such vehicle shall display upon the roadway the following warning devices:
(1) One red electric lantern or one red reflector shall be immediately placed on the roadway at the traffic side of the vehicle;
(2) Two other red electric lanterns or two other red reflectors shall be placed to the front and rear of the vehicle in the same manner prescribed for flares in subsection (a) hereof.
(c) When a vehicle of a type specified in subsection (b) hereof is disabled, the use of flares, fusees, or any signal produced by flame as warning signals is prohibited.
(d) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof, at any time when the display of fusees, flares, red reflectors, or electric lanterns is not required, the operator of such vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of forty paces or approximately one hundred feet in advance of the vehicle, and one at a distance of forty paces or approximately one hundred feet to the rear of the vehicle, except as provided in this section.
(e) The flares, fusees, lanterns, red reflectors, and flags to be displayed as required in this section shall conform with the requirements of Ohio R.C. 4513.27 applicable thereto.
(f) In the event the vehicle is disabled near a curve, crest of a hill, or other obstruction of view, the flare, flag, reflector or lantern in that direction shall be placed so as to afford ample warning to other users of the highway, but in no case shall it be placed less than forty paces or approximately one hundred feet nor more than one hundred twenty paces, or approximately three hundred feet, from the disabled vehicle.
(Ord. 31-1981. Passed 4-9-81.)
(g) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. 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, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.