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Waterville Overview
Codified Ordinances of Waterville, OH
MUNICIPAL CODE OF WATERVILLE, OHIO
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
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
CHAPTER 333 OVI; Willful Misconduct; Speed
CHAPTER 335 Licensing; Accidents
CHAPTER 337 Safety and Equipment
CHAPTER 339 Commercial and Heavy Vehicles
CHAPTER 341 Commercial Drivers
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 THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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335.09  DISPLAY OF LICENSE PLATES.
   (a)   (1)   No person who is the owner or operator of a motor vehicle shall fail to display in plain view on the front and rear of the motor vehicle a license plate that bears the distinctive number and registration mark assigned to the motor vehicle by the Ohio Director of Public Safety, including any county identification sticker and any validation sticker issued under Ohio R.C. 4503.19 and 4503.191, as follows:
         A.   A manufacturer of motor vehicles or dealer therein, the holder of an in transit permit, and the owner or operator of a motorcycle, motorized bicycle or moped, motor-driven cycle or motor scooter, autocycle, cab-enclosed motorcycle, manufactured home, mobile home, trailer or semitrailer shall display a license plate on the rear only.
         B.   A motor vehicle that is issued two license plates shall display the validation sticker only on the rear license plate, except that a commercial tractor that does not receive an apportioned license plate under the international registration plan shall display the validation sticker on the front of the commercial tractor.
         C.   An apportioned vehicle receiving an apportioned license plate under the international registration plan shall display the license plate only on the front of a commercial tractor and on the rear of all other vehicles.
      (2)   All license plates shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs their visibility.
      (3)   No person to whom a temporary license placard or windshield sticker has been issued for the use of a motor vehicle under Ohio R.C. 4503.182, and no operator of that motor vehicle, shall fail to display the temporary license placard in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle, or fail to display the windshield sticker in plain view on the rear window of the motor vehicle.  No temporary license placard or windshield sticker shall be covered by any material that obstructs its visibility.
   (b)   A law enforcement officer shall only issue a ticket, citation or summons, or cause the arrest or commence a prosecution, for the failure to display a license plate in plain view on the front of a parked motor vehicle if the officer first determines that another offense has occurred and either places the operator or vehicle owner under arrest or issues a ticket, citation, or summons to the operator or vehicle owner for the other offense.
   (c)   (1)   Except as provided in subsection (c)(2) of this section, whoever violates subsection (a) of this section is guilty of a minor misdemeanor.
      (2)   Whoever violates subsection (a) of this section by failing to display a license plate in plain view on the front of a motor vehicle as required under subsection (a) of this section while the motor vehicle is otherwise legally parked is guilty of a minor misdemeanor and may be fined not more than one hundred dollars ($100.00).
A person who is subject to the penalty prescribed in subsection (c)(2) of this section is not subject to the charging of points under Ohio R.C. 4510.036.
      (3)   The offense established under subsection (a) of this section is a strict liability offense and Ohio R.C. 2901.20 does not apply.  The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense. 
(ORC 4503.21)
335.10  EXPIRED OR UNLAWFUL LICENSE PLATES.
   (a)   No person who is the owner of a motor vehicle which is parked or operated upon the public streets or highways shall fail to annually file the application for registration or to pay the tax therefor, as required by Ohio R.C. Chapter 4503.  (ORC 4503.11)
   (b)   No person shall operate, drive or park upon the public streets or highways a motor vehicle acquired from a former owner who has registered the motor vehicle, while the motor vehicle displays the distinctive number or identification mark assigned to it upon its original registration.  (ORC 4549.11)
   (c)   No person who is the owner of a motor vehicle and a resident of Ohio shall operate, drive or park the motor vehicle upon the public streets or highways, while it displays a distinctive number or identification mark issued by or under the authority of another state, without complying with the laws of Ohio relating to the registration and identification of motor vehicles. 
(ORC 4549.12)
   (d)   No person shall park or operate any vehicle upon any public street or highway upon which is displayed an expired license plate or an expired validation sticker.
   (e)   No person shall park or operate any vehicle upon any public street or highway upon which are displayed any license plates not legally registered and issued for such vehicle, or upon which are displayed any license plates that were issued on an application for registration that contains any false statement by the applicant.
   (f)   (1)   Whoever violates subsection (a) hereof is guilty of a minor misdemeanor.
      (2)   Whoever violates subsection (b) hereof is guilty of a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on each subsequent offense.
      (3)   Whoever violates any provision of this section for which no other penalty is provided is guilty of a minor misdemeanor.
         (ORC 4549.11; 4549.12)
335.11  USE OF ILLEGAL LICENSE PLATES; TRANSFER OF REGISTRATION.
   (a)    No person shall operate or drive a motor vehicle upon the streets in this Municipality if it displays a license plate or a distinctive number or identification mark that meets any of the following criteria:
      (1)   Is fictitious;
      (2)   Is a counterfeit or an unlawfully made copy of any distinctive number or identification mark;
      (3)   Belongs to another motor vehicle, provided that this section does not apply to a motor vehicle that is operated on the streets in this Municipality when the motor vehicle displays license plates that originally were issued for a motor vehicle that previously was owned by the same person who owns the motor vehicle that is operated on the streets in this Municipality, during the thirty-day period described in subsection (c) hereof.
   (b)   Whoever violates subsection (a)(1), (2) or (3) of this section is guilty of operating a motor vehicle bearing an invalid license plate or identification mark, a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.
(ORC 4549.08)
   (c)   Upon the transfer of ownership of a motor vehicle, the registration of the motor vehicle expires, and the original owner shall immediately remove the license plates from the motor vehicle.  The transfer of the registration and, where applicable, the license plates from the motor vehicle for which they originally were issued to a succeeding motor vehicle purchased by the same person in whose name the original registration and license plates were issued shall be done within a period not to exceed thirty days.  During that thirty-day period, the license plates from the motor vehicle for which they originally were issued may be displayed on the succeeding motor vehicle, and the succeeding motor vehicle may be operated on the streets of the Municipality. 
   (d)   Whoever violates subsection (c) of this section is guilty of a misdemeanor of the fourth degree.  (ORC 4503.12)
335.111 REGISTRATION WITHIN THIRTY DAYS OF RESIDENCY.
   (a)   Within thirty days of becoming a resident of this State, any person who owns a motor vehicle operated or driven upon the public roads or highways shall register the vehicle in this State.  If such a person fails to register a vehicle owned by the person, the person shall not operate any motor vehicle in this Municipality under a license issued by another state.
   (b)   (1)   Whoever violates subsection (a) of this section is guilty of a minor misdemeanor.
      (2)   The offense established under subsection (b)(1) of this section is a strict liability offense and strict liability is a culpable mental state for purposes of Ohio R.C. 2901.20.  The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
   (c)   For purposes of subsection (a) of this section, “resident” means any person to whom any of the following applies:
      (1)   The person maintains their principal residence in this State and does not reside in this State as a result of the person’s active service in the United States Armed Forces.
      (2)   The person is determined by the Registrar of Motor Vehicles to be a resident in accordance with standards adopted by the Registrar under Ohio R.C. 4507.01.  (ORC 4503.111)
335.12  STOPPING AFTER ACCIDENT UPON STREETS; COLLISION WITH UNATTENDED VEHICLE.
   (a)   (1)   In the case of a motor vehicle accident or collision with persons or property on a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, immediately shall stop the operator’s motor vehicle at the scene of the accident or collision.  The operator shall remain at the scene of the accident or collision until the operator has given the operator’s name and address and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, to all of the following:
         A.   Any person injured in the accident or collision;
         B.   The operator, occupant, owner or attendant of any motor vehicle damaged in the accident or collision;
         C.   The police officer at the scene of the accident or collision.
      (2)   In the event an injured person is unable to comprehend and record the information required to be given under subsection (a)(1) of this section, the other operator involved in the accident or collision shall notify the nearest police authority concerning the location of the accident or collision, and the operator’s name, address and the registered number of the motor vehicle the operator was operating.  The operator shall remain at the scene of the accident or collision until a police officer arrives, unless removed from the scene by an emergency vehicle operated by a political subdivision or an ambulance.
      (3)   If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.
   (b)   (1)   Whoever violates subsection (a) of this section is guilty of failure to stop after an accident.  Except as otherwise provided in subsection (b)(2) or (3) of this section, failure to stop after an accident is a misdemeanor of the first degree.
      (2)   If the accident or collision results in serious physical harm to a person, failure to stop after an accident is a felony and shall be prosecuted under appropriate State law.
      (3)   If the accident or collision results in the death of a person, failure to stop after an accident is a felony and shall be prosecuted under appropriate State law.
      (4)   In all cases, the court, in addition to any other penalties provided by law, shall impose upon the offender a class five suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(5) of Ohio R.C. 4510.02.  No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this subsection.
   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01.  If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.18 or 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during or after committing the offense charged under this section.  (ORC 4549.02)
335.13  STOPPING AFTER ACCIDENT UPON PROPERTY OTHER THAN STREET.
   (a)   (1)   In the case of a motor vehicle accident or collision resulting in injury or damage to persons or property on any public or private property other than a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, shall stop at the scene of the accident or collision.  Upon request of any person who is injured or damaged, or any other person, the operator shall give that person the operator’s name and address, and, if the operator is not the owner, the
name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, and, if available, exhibit the operator’s driver’s or commercial driver’s license.
      (2)   If the operator of the motor vehicle involved in the accident or collision does not provide the information specified in subsection (a)(1) of this section, the operator shall give that information, within twenty-four hours after the accident or collision, to the Police Department.
      (3)   If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required under subsection (a)(1) of this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.
   (b)   (1)   Whoever violates subsection (a) of this section is guilty of failure to stop after a nonpublic road accident.  Except as otherwise provided in subsection (b)(2) or (3) of this section, failure to stop after a nonpublic road accident is a misdemeanor of the first degree.
      (2)   If the accident or collision results in serious physical harm to a person, failure to stop after a nonpublic road accident is a felony and shall be prosecuted under appropriate State law.
      (3)   If the accident or collision results in the death of a person, failure to stop after a nonpublic road accident is a felony and shall be prosecuted under appropriate State law.
      (4)   In all cases, the court, in addition to any other penalties provided by law, shall impose upon the offender a class five suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(5) of Ohio R.C. 4510.02. No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this subsection.
   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01.  If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.18 or 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during or after committing the offense charged under this section.  (ORC 4549.021)
335.14  VEHICLE ACCIDENT RESULTING IN DAMAGE TO REALTY.
   (a)   The driver of any vehicle involved in an accident resulting in damage to real property, or personal property attached to real property, legally upon or adjacent to a public road or highway immediately shall stop and take reasonable steps to locate and notify the owner or person in charge of the property of that fact, of the driver’s name and address, and of the registration number of the vehicle the driver is driving and, upon request and if available, shall exhibit the driver’s or commercial driver’s license.
   If the owner or person in charge of the property cannot be located after reasonable search, the driver of the vehicle involved in the accident resulting in damage to the property, within twenty-four hours after the accident, shall forward to the police authority in the municipality in which the accident or collision occurred, the same information required to be given to the owner or person in control of the property and give the location of the accident and a description of the damage insofar as it is known.
   (b)   Whoever violates subsection (a) of this section is guilty of failure to stop after an accident involving the property of others, a misdemeanor of the first degree.
   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01.  If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during or after committing the offense charged under this section.  (ORC 4549.03)
335.15  GARAGES TO REPORT DAMAGED CARS.
   (a)   Every person, firm, or corporation in charge of any garage or repair shop to which is brought any vehicle which shows evidence of having been involved in any accident shall keep a record of the make, color, serial number and engine number of the vehicle, the name and address of the owner and the operator, and the type of damage to such vehicle.  Such record shall be open to inspection by the Police Division at all times.  If any vehicle so received shows evidence of having been struck by bullets, the person, firm, or corporation in charge of such garage or repair shop shall immediately report the same to the Division of Police, giving the make of vehicle, the serial number, the engine number, the license number, the name and address of the owner and operator of such vehicle, and the time the vehicle was received.
(1980 Code 73.24; Ord. 349.)
   (b)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.