(a) The owner of a private road or driveway located in a private residential area containing twenty or more dwelling units may establish a speed limit on the road or driveway by complying with all of the following requirements:
(1) The speed limit is not less than twenty-five miles per hour and is indicated by a sign that is in a proper position, is sufficiently legible to be seen by an ordinarily observant person and meets the specifications for the basic speed limit sign included in the Manual adopted by the Department of Transportation pursuant to Ohio R.C. 4511.09.
(2) The owner has posted a sign at the entrance of the private road or driveway that is in plain view and clearly informs persons entering the road or driveway that they are entering private property, a speed limit has been established for the road or driveway and the speed limit is enforceable by law enforcement officers under State law.
(b) No person shall operate a vehicle upon a private road or driveway as provided in subsection (a) hereof at a speed exceeding any speed limit established and posted pursuant to that subsection.
(c) When a speed limit is established and posted in accordance with subsection (a) hereof, any law enforcement officer may apprehend a person violating the speed limit of the residential area by utilizing any of the means described in Ohio R.C. 4511.091, or by any other accepted method of determining the speed of a motor vehicle, and may stop and charge the person with exceeding the speed limit.
(d) Points shall be assessed for violation of a speed limit established and posted in accordance with subsection (a) hereof only when the violation involves a speed of five miles per hour or more in excess of the posted speed limit.
(e) As used in this section:
(1) "Owner" includes, but is not limited to, a person who holds title to the real property in fee simple, a condominium owners' association, a property owners' association, the board of directors or trustees of a private community, and a nonprofit corporation governing a private community.
(2) "Private residential area containing twenty or more dwelling units" does not include a Chautauqua assembly as defined in Ohio R.C. 4511.90. (ORC 4511.211; Ord. 90-45. Passed 8-6-90.)
(f) 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.