(a) (1) No person shall possess a mobile infrared transmitter if all of the following apply:
A. The transmitter is readily accessible to a power source.
B. The transmitter is in operable condition.
C. The person is located in the near vicinity of a traffic control signal so that the transmitter is capable of affecting the operation of the traffic control signal.
(2) No person shall use a mobile infrared transmitter to affect the operation of the traffic control signal.
(b) This section does not apply to either of the following:
(1) Any person acting in an official capacity on behalf of the state or local authority having jurisdiction over a traffic control signal.
(2) A person while occupying a public safety vehicle as defined in division (E)(1), (2), (3) or (4) of Ohio R.C. 4511.01, except for motor vehicles when used by volunteer fire fighters responding to emergency calls in the Fire Department service.
(c) Whoever violates subsection (a)(1) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates subsection (a)(2) hereof is guilty of a misdemeanor of the first degree.
(d) As used in this section, “mobile infrared transmitter” means any device or mechanism that emits infrared signals with the purpose of affecting the operation of a traffic control signal.
(Ord. 04-21. Passed 4-5-04.)