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CERTIFICATION
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EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
TITLE ONE - Administration
TITLE THREE - Streets and Traffic Control Devices
TITLE FIVE - Vehicles
CHAPTER 331 Operation Generally
331.01. Driving upon right side of roadway; exceptions.
331.02. Passing to right when proceeding in opposite directions.
331.03. Overtaking, passing to left; driver's duties.
331.04. Overtaking and passing upon right.
331.05. Overtaking, passing to left of center.
331.06. Additional restrictions on driving upon left side of the roadway.
331.07. Hazardous or no passing zones.
331.08. Driving in marked lanes or continuous lines of traffic.
331.09. Following too closely.
331.10. Turning rules.
331.11. "U" turns restricted.
331.12. Starting and backing vehicles.
331.13. Signals before changing course, turning or stopping.
331.14. Hand and arm signals.
331.15. Right of way at uncontrolled intersections.
331.16. Operation of vehicle at yield signs.
331.17. Operation of vehicle at stop signs.
331.18. Emergency or public safety vehicles at stop signals or signs; turning movements.
331.19. Right of way of public safety vehicle.
331.20. Driving onto roadway from place other than roadway; duty to yield.
331.21. Driving onto roadway from place other than roadway; stopping at sidewalk.
331.22. Right of way of funeral procession.
331.23. Driver's view and control to be unobstructed by load or persons.
331.24. Driving upon a closed street.
331.25. Following and parking near emergency or safety vehicles.
331.26. Driving over fire hose.
331.27. Driving through safety zone.
331.28. One-way streets and rotary traffic islands.
331.29. Driving upon divided roadways.
331.30. Entering and exiting limited-access highways.
331.31. Obstructing intersection, crosswalk or railroad crossing.
331.32. Failure to control; weaving; full time and attention.
331.33. Occupying a moving trailer or manufactured home.
331.34. Squealing tires, "peeling," cracking exhaust noises.
331.35. Driving upon sidewalks, street lawns or curbs.
331.36. Stopping for school bus; discharging children.
331.37. Driving across railroad crossing.
331.38. Stopping at railroad crossing.
331.39. Slow moving vehicles or equipment crossing railroad tracks.
331.40. Warning signals at bridges.
331.41. Operation on school, park grounds.
331.42. Human and animal propelled vehicles in Central Business District.
331.43. Opened container of beer or intoxicating liquor prohibited at certain premises.
331.44. Bus priority lanes.
331.45 Use of text messaging devices while operating a motor vehicle.
331.99. Penalty.
CHAPTER 333 Intoxication; Reckless Operation; Speed
CHAPTER 335 Licensing; Accidents
CHAPTER 337 Safety and Equipment
CHAPTER 339 Commercial and Heavy Vehicles
CHAPTER 341 Drivers of Commercial Cars or Tractors
TITLE SEVEN - Parking
TITLE NINE - Pedestrians, Bicycles and Motorcycles
TRAFFIC SCHEDULES
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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331.40. Warning signals at bridges.
   No person or operator of a vehicle shall disregard the warning signals at a bridge and attempt to cross such bridge until the proper safety signal has been given. No person or vehicle shall remain on any drawbridge when the same is being raised.
(1952 Code § 21-5-10)
331.41. Operation on school, park grounds.
   No person shall operate or park any vehicle, animal-drawn or motor propelled, on any public or private school playground area or lawn, or any public park playground area or lawn within this City unless such operation or parking falls within the following exceptions:
   (a)   Where the operation or parking of the vehicle is required for the maintenance of the area involved.
   (b)   Where the operation or parking of the vehicle is upon public roadways where such operation or parking is permitted, or the area involved is an established parking area.
   (c)   Where permission is first obtained from the proper authority.
(1952 Code § 21-9-27; Ord. 406-59)
331.42. Human and animal propelled vehicles in Central Business District.
   No person shall drive any animal propelled vehicle over or along any of the streets in the Central Business District between the hours of 8:00 a.m. and 6:00 pm.; or push or pull any human propelled vehicle over or along any of the streets in the Central Business District between the hours of 8:00 a.m. and 6:00 p.m.; provided, however, that this section shall not prohibit the use of animal propelled vehicles or pushcarts in alleys in such District, nor the crossing of streets in such District by such vehicles for the purpose of continuing travel along alleys. This section shall not apply to baby carriages or buggies, bicycles, licensed horse-drawn carriages or pedicabs.
(Ord. 523-87. Passed 6-30-87.)
331.43. Opened container of beer or intoxicating liquor prohibited at certain premises.
   (a)   As used in this section:
      (1)   "Chauffeured limousine" means a vehicle registered under section 4503.24 of the Revised Code.
      (2)   "Street," "highway," and "motor vehicle" have the same meanings as in section 4511.01 of the Revised Code.
   (b)   No person shall have in the person's possession an opened container of beer or intoxicating liquor in any of the following circumstances:
      (1)   Except as provided in division (c)(1)(E) of this section, in an agency store;
      (2)   Except as provided in division (c) of this section, on the premises of the holder of any permit issued by the Ohio division of liquor control;
      (3)   In any other public place;
      (4)   Except as provided in division (d) or (e) of this section, while operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking;
      (5)   Except as provided in division (d) or (e) of this section, while being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
   (c)   (1)   A person may have in the person's possession an opened container of any of the following:
         (A)   Beer or intoxicating liquor that has been lawfully purchased for consumption on the premises where bought from the holder of an A-l-A, A-2, A-3a, D-l, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-51, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or F-8 permit;
         (B)   Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit or wine served for consumption on the premises by the holder of an F-4 or F-6 permit;
         (C)   Beer or intoxicating liquor consumed on the premises of a convention facility as provided in section 4303.201 of the Revised Code;
         (D)   Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the Ohio liquor control commission;
         (E)   Spirituous liquor to be consumed for purposes of a tasting sample, as defined in section 4301.171 of the Revised Code.
      (2)   A person may have in the person's possession an opened container of beer or intoxicating liquor at an outdoor location within an outdoor refreshment area created under section 4301.82 of the Revised Code if the opened container of beer or intoxicating liquor was purchased from a qualified permit holder to which both of the following apply:
         (A)   The permit holder's premises is located within the outdoor refreshment area.
         (B)   The permit held by the permit holder has an outdoor refreshment area designation.
         (C)   Division (c)(2) of this section does not authorize a person to do either of the following:
            (i)   Enter the premises of an establishment within an outdoor refreshment area while possessing an opened container of beer or intoxicating liquor acquired elsewhere:
            (ii)   Possess an opened container of beer or intoxicating liquor while being in or on a motor vehicle within an outdoor refreshment area, unless the motor vehicle is stationary and is not being operated in a lane of vehicular travel or unless the possession is otherwise authorized under division (d) or (e) of this section.
   (d)   This section does not apply to a person who pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract, or the guest of the person, when all of the following apply:
      (1)   The person or guest is a passenger in the limousine.
      (2)   The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located.
      (3)   The limousine is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
   (e)   An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply:
      (1)   The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with.
      (2)   The opened bottle of wine that is resealed in accordance with division (e)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.
(ORC 4301.62; Ord. 171-16. Passed 5-10-16.)
331.44. Bus priority lanes.
   (a)   The following are designated as bus priority lanes:
      (1)   The continuous lane nearest to the southeasterly curb of Erie Street, from Jefferson Avenue to Jackson Street.
      (2)   The continuous lane nearest to the southwesterly curb of Jackson Street, from Erie Street to Summit Street.
      (3)   The continuous lane nearest to northwesterly curb of Summit Street, from Jackson Street to Jefferson Avenue.
   (b)   The provisions of Section 331.28 and Traffic Schedule I notwithstanding, the continuous lane nearest to the northeasterly curb of Jefferson Avenue, from Summit Street to Erie Street, is designated as a contra-flow bus priority lane.
   (c)   No operator of any vehicle, other than a transit bus, shall travel or stop in a bus priority lane except for the following purposes:
      (1)   To make a legal right, or
      (2)   To enter or exit from any designated parking and/or shipping area lying parallel and adjacent to such bus priority lane.
   Travel in a bus priority lane for the purpose of making such a right turn shall only be permitted in the block from which the right turn is to be made. Travel in a bus priority lane for the purpose of entering or exiting from such a parallel parking and/or shipping area shall only be permitted in the block wherein such area is located.
   (d)   The operator of a transit bus vehicle in a contra-flow bus priority lane shall only travel in a direction opposite to the one-way street designation contained in this Traffic Code. No operator of any other vehicle shall enter, travel or stop in a contra-flow bus lane.
   (e)   The provisions of this section shall not be construed to limit egress and ingress for drives, alleys or streets when the operator of a vehicle must cross a bus priority lane, or to preclude the use of such lanes by emergency vehicles, or to preclude maintenance and repair vehicles of the City or utility companies and authorized construction vehicles and equipment to park or travel therein while engaged in actual work within or adjacent to such lanes. When the above mentioned vehicles are utilizing the contra-flow bus priority lane, they shall only travel in a direction opposite to the one-way street designation contained in this Traffic Code.
   (f)   For purposes of this section, the term "transit bus" shall mean only those buses operated by the Toledo Area Regional Transit Authority (TARTA).
(Ord. 750-82. Passed 11-23-82.)
331.45 Use of text messaging devices while operating a motor vehicle.
   (a)   Definitions. As used in this section:
      (1)   "Text Messaging Device" means any portable communication device that can be used to transmit typed or text messages to another person or entity.
      (2)   "Use" means to use a Text Messaging Device in:
         (A)   Sending messages
         (B)   Answering messages
         (C)   Typing
         (D)   Reading
         (E)   Dialing
      (3)   "Park" means for an automatic transmission vehicle that the vehicle is in the Park gear; for a standard transmission vehicle that the vehicle is in the neutral gear and the brake is being utilized or otherwise stationary.
   (b)   Title and Application.
      (1)   This section shall be known and may be cited as the Text Messaging Operation Ordinance.
      (2)   This section shall be liberally construed and applied to promote its purposes and policies.
   (c)   Purpose. It is the purpose of this section and the policy of the City of Toledo to regulate the use of Text Messaging Devices, which are used while persons are operating a motor vehicle in order to protect other persons operating motor vehicles and pedestrians in the Municipality.
   (d)   Severability. In the event that any provision of this section is found by the court of competent jurisdiction to be invalid, unconstitutional or unenforceable, such provision shall be deemed severable from the remainder of this section and shall not cause the invalidity or unenforceability of the remainder of this section; and if a provision shall be deemed invalid only because of excessive scope or breadth, the provision shall be deemed valid to the extent of the scope and breadth permitted by law.
   (e)   Use; Restrictions.
      (1)   No person shall operate a motor vehicle on any street or highway while engaging in any conduct defined as the "use" of a Text Messaging Device.
      (2)   Subsection (e)(1) hereof does not apply to a person who is using the Text Messaging Devices:
         (A)   To contact public safety forces, or
         (B)   While maintaining the vehicle in the Park position either on public or private property outside the flow of traffic.
   (f)   Penalty. Whoever violates any of the provisions of this section shall be guilty of a minor misdemeanor upon the first offense and shall be guilty of a third degree misdemeanor upon any second violation and shall be guilty of a first degree misdemeanor for any third or subsequent violation.
(Ord. 506-09. Passed 11-24-09.)
331.99. Penalty.
   (EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)