313.06 FLASHING TRAFFIC SIGNALS.

   (Former Ohio R.C. 4511.15 from which Section 313.06 was derived was repealed by House Bill 349, effective April 20, 2012.)

313.07 UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW, ADVERTISING.

   (a)   No person shall place, maintain or display upon or in view of any street any unauthorized sign, signal, marking or device which purports to be, is an imitation of or resembles a traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or hides from view or interferes with the effectiveness of any traffic control device or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit upon any street any traffic sign or signal bearing thereon any commercial advertising. This section does not prohibit either the erection upon private property adjacent to streets of signs giving useful directional information and of a type that cannot be mistaken for traffic control devices, or the erection upon private property of traffic control devices by the owner of real property in accordance with Ohio R.C. 4511.211 and 4511.432.

   Every such prohibited sign, signal, marking or device is a public nuisance, and the Police Chief is authorized to remove it or cause it to be removed.

   (b)   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.

(ORC 4511.16)

313.08 ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL DEVICES.

   (a)   No person without lawful authority, shall do any of the following:

      (1)   Knowingly move, deface, damage, destroy or otherwise improperly tamper with any traffic control device, any railroad sign or signal, or any inscription, shield or insignia on the device, sign or signal, or any part of the device, sign or signal;

      (2)   Knowingly drive upon or over any freshly applied pavement marking material on the surface of a roadway while the marking material is in an undried condition and is marked by flags, markers, signs or other devices intended to protect it;

      (3)   Knowingly move, damage, destroy or otherwise improperly tamper with a manhole cover.

   (b)   (1)   Except as otherwise provided in this subsection, whoever violates subsection (a)(1) or (3) of this section is guilty of a misdemeanor of the third degree. If a violation of subsection (a)(1) or (3) of this section creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first degree. If a violation of subsection (a)(1) or (3) of this section causes serious physical harm to property that is owned, leased, or controlled by a state or local authority, the offender is guilty of a felony and shall be prosecuted under appropriate state law.

      (2)   Except as otherwise provided in this subsection, whoever violates subsection (a)(2) of 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 subsection (a)(2) of 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 subsection (a)(2) of this section is guilty of a misdemeanor of the third degree.

         (ORC 4511.17)

   (c)   In addition to imposing court costs, the court imposing a sentence upon an offender for a misdemeanor offense committed under subsection (a)(1) or (3) of this section may sentence the offender to any financial sanction or combination of financial sanctions authorized under this section. If the court, in its discretion, imposes one or more financial sanctions, the financial sanctions that may be imposed pursuant to this section include, but are not limited to, the following:

      (1)   Restitution. Restitution by the offender to the City in an amount based upon the cost to the City to repair or replace the traffic control device(s) that is the subject of the offense. If the court requires restitution, the court shall order that the restitution be made to the City in open court or to the probation department that serves the jurisdiction or the Clerk of the Court. If the court imposes restitution, the court shall determine the amount of restitution to be paid by the offender. If the court imposes restitution, the court may base the amount of restitution it orders on an amount recommended by the City, a presentence investigation report, estimates or receipts indicating the cost of repairing or replacing the affected traffic control device(s) and other information, provided that the amount the court orders as restitution shall not exceed the cost to the City to repair or replace the traffic control device(s) that is the subject of the offense. If the court decides to impose restitution, the court shall hold an evidentiary hearing on restitution if the offender or the City disputes the amount of restitution. If the court holds an evidentiary hearing, at the hearing the City has the burden to prove by a preponderance of the evidence the amount of restitution sought from the offender. All restitution payments shall be credited against any recovery of loss in a civil action brought by the City against the offender.

      (2)   Fines. In addition to imposing court costs, fines and financial sanctions, and in lieu of imposing a jail term, the court imposing a sentence upon a first-time offender for a misdemeanor offense committed under subsection (a)(1) or (3) of this section, may, in its discretion and with the consent of the offender, sentence the offender to the following:

Community service. To clean cleanable traffic control devices that have been illegally defaced or altered by the offender or someone else. Also, to serve as a sign monitor for not less than a total of eight hours and not more than a total of 240 hours whereby the offender (attired in safety vest) must be at a traffic control device that had previously been illegally defaced or altered by the offender or someone else and report to the police any defacing or alteration of the traffic control device that occurs while the offender is present there.
(Ord. 12043/07. Passed 6-27-07.)

313.09 DRIVER'S DUTIES UPON APPROACHING AMBIGUOUS OR NON-WORKING TRAFFIC SIGNAL.

   (a)   The driver of a vehicle who approaches an intersection where traffic is controlled by traffic control signals shall do all of the following if the signal facing the driver exhibits no colored lights or colored lighted arrows, exhibits a combination of such lights or arrows that fails to clearly indicate the assignment of right of way, or, if the vehicle is a bicycle or an electric bicycle, the signals are otherwise malfunctioning due to the failure of a vehicle detector to detect the presence of the bicycle or electric bicycle.

      (1)   Stop at a clearly marked stop line, but if none, stop before entering the crosswalk on the near side of the intersection, or, if none, stop before entering the intersection;

      (2)   Yield the right of way to all vehicles in the intersection or approaching on an intersecting road, if the vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.

      (3)   Exercise ordinary care while proceeding through the intersection.

   (b)   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.

   If the offender commits the offense 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 Section 303.991 of the Traffic Code.

(ORC 4511.132)

313.10 UNLAWFUL PURCHASE, POSSESSION OR SALE.

   (a)   As used in this section, "traffic control device" means any sign, traffic control signal or other device conforming to and placed or erected in accordance with the manual adopted under Ohio R.C. 4511.09 by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic, including signs denoting the names of streets and highways, but does not mean any pavement marking.

   (b)   No individual shall buy or otherwise possess or sell, a traffic control device, except when one of the following applies:

      (1)   In the course of the individual’s employment by the State or a local authority for the express or implied purpose of manufacturing, providing, erecting, moving or removing such a traffic control device;

      (2)   In the course of the individual’s employment by any manufacturer of traffic control devices other than a State or local authority;

      (3)   For the purpose of demonstrating the design and function of a traffic control device to State or local officials;

      (4)   When the traffic control device has been purchased from the State or a local authority at a sale of property that is no longer needed or is unfit for use;

      (5)   The traffic control device has been properly purchased from a manufacturer for use on private property and the person possessing the device has a sales receipt for the device or other acknowledgment of sale issued by the manufacturer.

   (c)   This section does not preclude, and shall not be construed as precluding, prosecution for theft in violation of Ohio R.C. 2913.02 or a municipal ordinance relating to theft, or for receiving stolen property in violation of Ohio R.C. 2913.51 or a municipal ordinance relating to receiving stolen property.

   (d)   Whoever violates this section is guilty of a misdemeanor of the third degree.

(ORC 4511.18)