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Waynesville, OH Code of Ordinances
WAYNESVILLE, OHIO CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE MUNICIPALITY OF WAYNESVILLE, OHIO
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
CHAPTER 70: GENERAL PROVISIONS
CHAPTER 71: LICENSING PROVISIONS
CHAPTER 72: TRAFFIC RULES
CHAPTER 73: MOTOR VEHICLE CRIMES
CHAPTER 74: EQUIPMENT AND LOADS
CHAPTER 75: BICYCLES, MOTORCYCLES, AND OFF-ROAD VEHICLES
CHAPTER 76: PARKING REGULATIONS
CHAPTER 77: TRAFFIC SCHEDULES
CHAPTER 78: PARKING SCHEDULES
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 72.125 USE OF ENGINE BRAKES PROHIBITED.
   (A)   The non-emergency use of engine brakes within the municipality is prohibited.
   (B)   As used in this section, ENGINE BRAKES shall be defined to include but is not limited to Jake Brakes, Jacobs Brakes, C Brakes, PacBrakes, TekBrakes, and any other type of engine retarders commonly utilized within the trucking industry.
   (C)   This section does not apply to emergency vehicles operated by fire, police, or military units.
   (D)   Whoever violates this section is guilty of a minor misdemeanor.
§ 72.126 OPERATING MOTOR VEHICLE WHILE WEARING EARPHONES OR EARPLUGS.
   (A)   As used in this section:
      EARPHONES. Any device that covers all or a portion of both ears and that does either of the following:
         (a)   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
         (b)   Provides hearing protection.
      EARPHONES does not include speakers or other listening devices that are built into protective headgear.
      EARPLUGS. Any device that can be inserted into one or both ears and that does either of the following:
         (a)   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;
         (b)   Provides hearing protection.
   (B)   No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.
   (C)   This section does not apply to:
      (1)   Any person wearing a hearing aid;
      (2)   Law enforcement personnel while on duty;
      (3)   Fire Department personnel and emergency medical service personnel while on duty;
      (4)   Any person engaged in the operation of equipment for use in the maintenance or repair of any highway;
      (5)   Any person engaged in the operation of refuse collection equipment;
      (6)   Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.
   (D)   Except as otherwise provided in this division, 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.
(R.C. § 4511.84)
§ 72.127 CHAUFFEURED LIMOUSINES AND LIVERY SERVICES.
   (A)   The operator of a chauffeured limousine shall accept passengers only on the basis of prearranged contracts, as defined in R.C. § 4501.01, and shall not cruise in search of patronage unless the limousine is in compliance with any statute or ordinance governing the operation of taxicabs or other similar vehicles for hire.
   (B)   The operator of a chauffeured limousine may provide transportation to passengers who arrange for the transportation through an intermediary, including a digital dispatching service. Notwithstanding any law to the contrary, when providing transportation arranged through an intermediary, the operator of a chauffeured limousine may establish the fare and method of fare calculation, so long as the method of fare calculation is provided to the passenger upon request.
   (C)   No person shall advertise or hold himself or herself out as doing business as a limousine service or livery service or other similar designation unless each vehicle used by the person to provide the service is registered in accordance with R.C. § 4503.24 and is in compliance with R.C. § 4509.80.
   (D)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4511.85)
Statutory reference:
   Chauffeured limousine, motor vehicle licensing, see R.C. § 4503.24
   Proof of financial responsibility, see R.C. § 4509.80
§ 72.128 OPERATING TRACTION ENGINE UPON IMPROVED HIGHWAYS.
   (A)   No person shall drive over the improved highways of this municipality a traction engine or tractor with tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind extending beyond the cleats, and no person shall tow or in any way pull another vehicle over the improved highways of this municipality which towed or pulled vehicle has tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind. As used in this section, “traction engine” or “tractor” applies to all self-propelling engines equipped with metal-tired wheels operated or propelled by any form of engine, motor or mechanical power.
   (B)   This municipality shall not adopt, enforce, or maintain any ordinance, rule or regulation contrary to or inconsistent with division (A), nor shall this municipality require any license tax upon or registration fee for any traction engine, tractor, or trailer, or any permit or license to operate. Operators of traction engines or tractors shall have the same rights upon the public streets and highways as the drivers of any other vehicles, unless some other safe and convenient way is provided, and no public road open to traffic shall be closed to traction engines or tractors.
(R.C. § 5589.08)
   (C)   Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 5589.99(B))
§ 72.129 CRACKING EXHAUST NOISES; PEELING OUT.
   No person shall operate any motor vehicle, except when necessary for safe operation, or in compliance with law, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position, or in the shifting of gears while in motion, that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or that the rubber tires of such vehicle squeal or leave tire marks on the roadway, commonly known as “peeling out”.
Penalty, see § 70.99
§ 72.130 SHORTCUTTING ACROSS PRIVATE PROPERTY.
   No operator of a motor vehicle shall enter upon private property for the sole purpose of driving across such property, between abutting streets or other public ways thereof. The failure to stop on such property in connection with or in furtherance of the enterprise or activities being conducted on the property shall constitute prima facie evidence of the violation.
Penalty, see § 70.99
§ 72.131 TEXTING WHILE DRIVING PROHIBITED.
   (A)   No person shall drive a motor vehicle on any street, highway, or property open to the public for vehicular traffic while using a handheld electronic wireless communications device to write, send, or read a text-based communication.
   (B)   Division (A) of this section does not apply to any of the following:
      (1)   A person using a handheld electronic wireless communications device in that manner for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
      (2)   A person driving a public safety vehicle who uses a handheld electronic wireless communications device in that manner in the course of the person’s duties;
      (3)   A person using a handheld electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel;
      (4)   A person reading, selecting, or entering a name or telephone number in a handheld electronic wireless communications device for the purpose of making or receiving a telephone call;
      (5)   A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle;
      (6)   A person receiving wireless messages via radio waves;
      (7)   A person using a device for navigation purposes;
      (8)   A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device;
      (9)   A person operating a commercial truck while using a mobile data terminal that transmits and receives data; or
      (10)   A person using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle.
   (C)   Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (A) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
   (D)   Whoever violates division (A) of this section is guilty of a minor misdemeanor.
   (E)   A prosecution for a violation of R.C. § 4511.204 does not preclude a prosecution for a violation of a substantially equivalent municipal ordinance based on the same conduct. However, if an offender is convicted of or pleads guilty to a violation of R.C. § 4511.204 and is also convicted of or pleads guilty to a violation of a substantially equivalent municipal ordinance based on the same conduct, the two offenses are allied offenses of similar import under R.C. § 2941.25.
   (F)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ELECTRONIC WIRELESS COMMUNICATIONS DEVICE. Includes any of the following:
         (a)   A wireless telephone;
         (b)   A text-messaging device;
         (c)   A personal digital assistant;
         (d)   A computer, including a laptop computer and a computer tablet; and
         (e)   Any other substantially similar wireless device that is designed or used to communicate text.
      VOICE-OPERATED OR HANDS-FREE DEVICE. A device that allows the user to vocally compose or send, or to listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function.
      WRITE, SEND, OR READ A TEXT-BASED COMMUNICATION. To manually write or send, or read a text-based communication using an electronic wireless communications device, including manually writing or sending, or reading communications referred to as text messages, instant messages, or electronic mail.
(Ord. 2015-030, passed 8-17-2015)
Statutory reference:
   No preemption for local regulations imposing greater penalties, see R.C. § 4511.204(E)
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