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§ 72.27 FUNERAL PROCESSION HAS RIGHT-OF-WAY.
   (A)   As used in this section, FUNERAL PROCESSION means 2 or more vehicles accompanying the cremated remains or the body of a deceased person in the daytime when each of the vehicles has its headlights lighted and is displaying a purple and white or an orange and white pennant attached to each vehicle in such a manner as to be clearly visible to traffic approaching from any direction.
   (B)   Excepting public safety vehicles proceeding in accordance with R.C. § 4511.45 or a substantially equivalent municipal ordinance, or when directed otherwise by a police officer, pedestrians and the operators of all vehicles shall yield the right-of-way to each vehicle that is a part of a funeral procession. Whenever the lead vehicle in a funeral procession lawfully enters an intersection, the remainder of the vehicles in the procession may continue to follow the lead vehicle through the intersection, notwithstanding any traffic-control devices or right-of-way provisions of the Revised Code, provided that the operator of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian.
   (C)   No person shall operate any vehicle as a part of a funeral procession without having the headlights of the vehicle lighted and without displaying a purple and white or an orange and white pennant in such a manner as to be clearly visible to traffic approaching from any direction.
   (D)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   (E)   If the offender violates division (A) of this section while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under § 70.99(B).
(R.C. § 4511.451) (1981 Code, § 72.26)
§ 72.28 PEDESTRIANS YIELD RIGHT-OF-WAY TO PUBLIC SAFETY VEHICLE.
   (A)   Upon the immediate approach of a public safety vehicle, as stated in R.C. § 4511.45 or a substantially equivalent municipal ordinance, every pedestrian shall yield the right-of-way to the public safety vehicle.
   (B)   This section shall not relieve the driver of a public safety vehicle from the duty to exercise due care to avoid colliding with any pedestrian.
   (C)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 4511.452) (1981 Code, § 78.06)
§ 72.29 PEDESTRIAN ON CROSSWALK HAS RIGHT-OF-WAY.
   (A)   When traffic-control signals are not in place, not in operation, or are not clearly assigning the right-of-way, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, or if required by R.C. § 4511.132 or a substantially equivalent municipal ordinance, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
   (B)   No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
   (C)   Division (A) of this section does not apply under the conditions stated in R.C. § 4511.48(B), or a substantially equivalent municipal ordinance.
   (D)   Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
   (E)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   (F)   If the offender violates division (A) of this section while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under § 70.99(B).
(R.C. § 4511.46) (1981 Code, § 78.04)
§ 72.30 RIGHT-OF-WAY YIELDED TO BLIND PERSON.
   (A)   (1)   As used in this section BLIND PERSON or BLIND PEDESTRIAN means a person having not more than 20/200 visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200, but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20°.
      (2)   The driver of every vehicle shall yield the right-of-way to every blind pedestrian guided by a guide dog, or carrying a cane which is predominantly white or metallic in color, with or without a red tip.
   (B)   No person, other than a blind person, while on any public highway, street, alley, or other public thoroughfare, shall carry a white or metallic cane, with or without a red tip.
   (C)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   (D)   If the offender violates division (A) of this section while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under § 70.99(B).
(R.C. § 4511.47) (1981 Code, § 78.07)
§ 72.31 RIGHT-OF-WAY YIELDED BY PEDESTRIAN.
   (A)   Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
   (B)   Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all traffic upon the roadway.
   (C)   Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
   (D)   No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
   (E)   This section does not relieve the operator of a vehicle from exercising due care to avoid colliding with any pedestrian upon any roadway.
   (F)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 4511.48) (1981 Code, § 78.05)
PEDESTRIANS
§ 72.35 PEDESTRIAN MOVEMENT IN CROSSWALKS.
   (A)   Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
   (B)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 4511.49) (1981 Code, § 78.03)
§ 72.36 PEDESTRIAN WALKING ALONG HIGHWAY.
   (A)   Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
   (B)   Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
   (C)   Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a 2-way roadway, shall walk only on the left side of the roadway.
   (D)   Except as otherwise provided in R.C. §§ 4511.13 and 4511.46, or any substantially equivalent municipal ordinances, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
   (E)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 4511.50) (1981 Code, § 78.01)
§ 72.37 PROHIBITION AGAINST SOLICITING RIDES; RIDING ON OUTSIDE OF VEHICLE.
   (A)   No person while on a roadway outside a safety zone shall solicit a ride from the driver of any vehicle.
   (B)   (1)   Except as provided in division (B)(2) of this section, no person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.
      (2)   The Legislative Authority, by ordinance, may authorize the issuance of a permit to a charitable organization to allow a person acting on behalf of the organization to solicit charitable contributions from the occupant of a vehicle by standing on a highway, other than a freeway as provided in R.C. § 4511.051(A)(1), that is under the jurisdiction of the municipality. The permit shall be valid for only 1 period of time, which shall be specified in the permit, in any calendar year. The Legislative Authority also may specify the locations where contributions may be solicited and may impose any other restrictions on or requirements regarding the manner in which the solicitations are to be conducted that the Legislative Authority considers advisable.
      (3)   As used in division (B)(2) of this section, CHARITABLE ORGANIZATION means an organization that has received from the Internal Revenue Service a currently valid ruling or determination letter recognizing the tax-exempt status of the organization pursuant to IRC § 501(c)(3).
   (C)   No person shall hang onto or ride on the outside of any motor vehicle while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.
   (D)   No operator shall knowingly permit any person to hang onto or ride on the outside of any motor vehicle while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.
   (E)   No driver of a truck, trailer, or semitrailer shall knowingly permit any person who has not attained the age of 16 years to ride in the unenclosed or unroofed cargo storage area of the driver’s vehicle if the vehicle is traveling faster than 25 miles per hour, unless either of the following applies:
      (1)   The cargo storage area of the vehicle is equipped with a properly secured seat to which is attached a seat safety belt that is in compliance with federal standards for an occupant restraining device as defined in R.C. § 4513.263(A)(2), the seat and seat safety belt were installed at the time the vehicle was originally assembled, and the person riding in the cargo storage area is in the seat and is wearing the seat safety belt; or
      (2)   An emergency exists that threatens the life of the driver or the person being transported in the cargo storage area of the truck, trailer, or semitrailer.
   (F)   No driver of a truck, trailer, or semitrailer shall permit any person, except for those workers performing specialized highway or street maintenance or construction under authority of a public agency, to ride in the cargo storage area or on a tailgate of the driver’s vehicle while the tailgate is unlatched.
   (G)   (1)   Except as otherwise provided in this division, whoever violates any provision of divisions (A) to (D) of this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates any provision of divisions (A) to (D) of this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates any provision of divisions (A) to (D) of this section is guilty of a misdemeanor of the third degree.
      (2)   Whoever violates division (E) or (F) of this section is guilty of a minor misdemeanor.
(R.C. § 4511.51) (1981 Code, § 78.09)
§ 72.38 PEDESTRIAN ON BRIDGE OR RAILROAD CROSSING.
   (A)   No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.
   (B)   No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.
   (C)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 4511.511) (1981 Code, § 78.08)
§ 72.39 PERSONS OPERATING MOTORIZED WHEELCHAIRS.
   Every person operating a motorized wheelchair shall have all of the rights and duties applicable to a pedestrian that are contained in this chapter, except those provisions which by their nature can have no application.
(R.C. § 4511.491) (1981 Code, § 7813)
§ 72.40 INTOXICATED OR DRUGGED PEDESTRIAN HAZARD ON HIGHWAY.
   (A)   A pedestrian who is under the influence of alcohol, any drug of abuse, or any combination of them to a degree that renders the pedestrian a hazard shall not walk or be upon a highway.
   (B)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 4511.481) (1981 Code, § 78.10)
§ 72.41 OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
   (A)   (1)   Electric personal assistive mobility devices may be operated on the public streets, highways, sidewalks, and paths and portions of roadways set aside for the exclusive use of bicycles in accordance with this section.
      (2)   Except as otherwise provided in this section, those sections of this Traffic Code that by their nature are applicable to an electric personal assistive mobility device apply to the device and the person operating it whenever it is operated upon any public street, highway, sidewalk, or path or upon any portion of a roadway set aside for the exclusive use of bicycles.
      (3)   The municipality may regulate or prohibit the operation of electric personal assistive mobility devices on public streets, highways, sidewalks, and paths, or portions of roadways set aside for the exclusive use of bicycles, under its jurisdiction.
   (B)   No operator of an electric personal assistive mobility device shall do any of the following:
      (1)   Fail to yield the right-of-way to all pedestrians and human-powered vehicles at all times;
      (2)   Fail to give an audible signal before overtaking and passing a pedestrian;
      (3)   Operate the device at night unless the device or its operator is equipped with or wearing both of the following:
         (a)   A lamp pointing to the front that emits a white light visible from a distance of not less than 500 feet;
         (b)   A red reflector facing the rear that is visible from all distances from 100 feet to 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle;
      (4)   Operate the device on any portion of a street or highway that has an established speed limit of 55 miles per hour or more;
      (5)   Operate the device upon any path set aside for the exclusive use of pedestrians or other specialized use when an appropriate sign giving notice of the specialized use is posted on the path;
      (6)   If under 18 years of age, operate the device unless wearing a protective helmet on the person’s head with the chin strap properly fastened;
      (7)   If under 16 years of age, operate the device unless, during the operation, the person is under the direct visual and audible supervision of another person who is 18 years of age or older and is responsible for the immediate care of the person under 16 years of age.
   (C)   No person who is under 14 years of age shall operate an electric personal assistive mobility device.
   (D)   No person shall distribute or sell an electric personal assistive mobility device unless the device is accompanied by a written statement that is substantially equivalent to the following: “WARNING: TO REDUCE THE RISK OF SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT – HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS.”
   (E)   Nothing in this section affects or shall be construed to affect any rule of the Director of Natural Resources or a board of park district commissioners governing the operation of vehicles on lands under the control of the Director or board, as applicable.
   (F)   Penalty.
      (1)   Whoever violates division (B) or (C) of this section is guilty of a minor misdemeanor and shall be punished as follows:
         (a)   The offender shall be fined $10;
         (b)   If the offender previously has been convicted of or pleaded guilty to a violation of division (B) or (C) of this section or a substantially equivalent state law or municipal ordinance, the court, in addition to imposing the fine required under division (F)(1)(a) of this section, shall do 1 of the following:
            1.   Order the impoundment for not less than 1 day but not more than 30 days of the electric personal assistive mobility device that was involved in the current violation of that division. The court shall order the device to be impounded at a safe indoor location designated by the court and may assess storage fees of not more than $5 per day; provided the total storage, processing, and release fees assessed against the offender or the device in connection with the device’s impoundment or subsequent release shall not exceed $50.
            2.    If the court does not issue an impoundment order pursuant to division (F)(1)(b)1. of this section, issue an order prohibiting the offender from operating any electric personal assistive mobility device on the public streets, highways, sidewalks, and paths and portions of roadways set aside for the exclusive use of bicycles for not less than 1 day but not more than 30 days.
      (2)   Whoever violates division (D) of this section is guilty of a minor misdemeanor.
(R.C. § 4511.512)
   (G)   As used in this Code, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE means a self-balancing 2 non-tandem wheeled device that is designed to transport only 1 person, has an electric propulsion system of an average of 750 watts, and when ridden on a paved level surface by an operator who weighs 170 pounds has a maximum speed of less than 20 miles per hour.
(R.C. § 4501.01(TT))
§ 72.42 PEDESTRIANS OBSTRUCTING PUBLIC STREETS AND SIDEWALKS.
   (A)   No person shall lie, lounge, stand or sit either directly or on a chair, box or other object on any street, alley, curb, gutter, or in any driveway open to the public, or in any doorway, entrance way, or passageway affording entrance or exit by the public into or from any building, be such building or any establishment therein open to business of not. Nor shall a person congregate with others in such places described above or on any city sidewalk so as to physically obstruct by his or her action or behavior, presence, or location, unimpeded passage by others.
   (B)   A person shall not sit, stand, lie, lounge upon or hang upon or from the exterior of any automobile, bus, truck, other motor vehicle or vehicular trailer, excluding motorcycles while such vehicle is stopped or parked upon a city street or parking lot open to the public.
   (C)   The prohibition above against obstructing a sidewalk or sitting on curbs shall not apply during or immediately prior to any public parade or other public celebration at the site of such parade or such celebration for which parade or celebration the proper governmental agency has granted permission.
   (D)   The provisions of this section shall apply only in the downtown business district. The downtown business district is the area bonded by Jackson Street on the north, Cherry Street on the east, Central Avenue on the south and Shannon Street on the west.
   (E)   The Mayor of the city is empowered to suspend the provisions of this section, or particular prohibitions thereof, generally or in certain areas, when, in connection with carnivals, public activities, and, other public events, such suspension is warranted in the opinion and discretions of the Mayor.
   (F)   Violation of this section shall be a minor misdemeanor.
(1981 Code, § 78.14) (Ord. 6419-90, passed 1-28-1991)
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