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Waynesville Overview
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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§ 72.129 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)
§ 72.132 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY MINORS OR PROBATIONARY DRIVERS WHILE DRIVING PROHIBITED.
   (A)   No holder of a temporary instruction permit who has not attained the age of 18 years and no holder of a probationary driver’s license shall drive a motor vehicle on any street, highway, or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device.
   (B)   Division (A) of this section does not apply to either of the following:
      (1)   A person using an electronic wireless communications device 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 using an electronic wireless communications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel; or
      (3)   A person using a navigation device in a voice-operated or hands-free manner who does not manipulate the device while driving.
   (C)   (1)   Except as provided in division (C)(2) of this section, whoever violates division (A) of this section shall be fined $150. In addition, the court shall impose a class seven suspension of the offender’s driver’s license or permit for a definite period of 60 days.
      (2)   If the person previously has been adjudicated a delinquent child or a juvenile traffic offender for a violation of this section, whoever violates this section shall be fined $300. In addition, the court shall impose a class seven suspension of the person’s driver’s license or permit for a definite period of one year.
   (D)   The filing of a sworn complaint against a person for a violation of R.C. § 4511.205 does not preclude the filing of a sworn complaint for a violation of a substantially equivalent municipal ordinance for the same conduct. However, if a person is adjudicated a delinquent child or a juvenile traffic offender for a violation of R.C. § 4511.205 and is also adjudicated a delinquent child or a juvenile traffic offender for a violation of a substantially equivalent municipal ordinance for the same conduct, the two offenses are allied offenses of similar import under R.C. § 2941.25.
   (E)   As used in this section, ELECTRONIC WIRELESS COMMUNICATIONS DEVICE includes any of the following:
      (1)   A wireless telephone;
      (2)   A personal digital assistant;
      (3)   A computer, including a laptop computer and a computer tablet;
      (4)   A text-messaging device; and
      (5)   Any other substantially similar electronic wireless device that is designed or used to communicate via voice, image, or written word.
(Ord. 2015-030, passed 8-17-2015)
§ 72.133 TRUCK ROUTES.
   (A)   No person shall drive a truck over any public street within the village except upon those streets hereinafter designated as truck routes and except upon streets providing the shortest and most direct course of travel between truck routes and origin or destination points as herein provided. All trucks within the village shall be operated only over and along the following established and designated truck routes and on such other designated streets over which truck travel is otherwise permitted:
      (1)   State Route 42;
      (2)   State Route 73;
      (3)   North Street to Dayton Road to Lytle Road;
      (4)   Old State Route 73 to Dayton Road to North Street to State Route 42; and
      (5)   Old State Route 73 to Lytle Road.
   (B)   The foregoing routes shall serve as the established truck routes. All trucks entering the village from points outside the village and proceeding directly to a destination point outside the village shall operate only over these designated routes. All trucks entering the village for a destination point in the village should proceed only over an established truck route and shall deviate only at the intersection nearest the destination point. Upon leaving the destination point, a deviating truck shall return to the truck route by the shortest permissible route.
   (C)   All trucks entering the village for multiple destination points shall proceed only over established truck routes and shall deviate only at the intersection nearest to the first destination point. Upon leaving the first destination point, a deviating truck shall proceed to other destination points by the shortest and most direct course. Upon leaving the last destination point, a deviating truck shall return to the truck route by the shortest permissible route.
   (D)   All trucks on a trip originating in the village and traveling in the village for a destination point outside the village shall proceed by the shortest and most direct course over streets to a truck route as herein established. All trucks on a trip originating in the village and traveling in the village for a destination point in the village shall proceed only by the shortest and most direct route.
   (E)   A TRUCK is herein defined as any vehicle designed or operated primarily for the transportation of property and whose body weight or combined body and load weight exceeds three tons or any commercial vehicle having six or more wheels.
   (F)   A truck which leaves and departs from a truck route while traveling inside the village shall be considered a “deviating truck.”
   (G)   This section shall not prohibit:
      (1)   Operation on street of destination. The operation of trucks upon any street of origin or where necessary to conduct business at a destination point, provided truck routes are used to or from the nearest intersection to the point of origin or destination;
      (2)   Public safety vehicles. The operation of emergency vehicles upon any street in the village;
      (3)   Public utilities. The operation of trucks owned or operated by the village, public utilities, and any contractor or materialman, while engaged in the repair, maintenance or construction of streets, street improvements, or street utilities in the village; or
      (4)   Detoured trucks. The operation of trucks upon any officially established street for which such detour is established.
   (H)   Upon application and for good cause shown, the Village Manager, or Council’s designee, may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets. Nothing herein shall prevent such applicant from also obtaining any required permits from the Ohio Director of Transportation as may be necessary for movement upon state routes.
   (I)   This permit may be for single or round trip and may provide for such prescribed terms or conditions of operation for such vehicle or combination of vehicles by designating the route, hours, speed, or such other restrictions as may be necessary for the preservation of the public peace, property, health and safety. The village may further require the posting of bond or other security necessary to compensation for any damage to a roadway or road structure.
   (J)   For each permit, the village shall charge the sum as set forth in the village’s fee schedule, as adopted by reference in § 36.05, and for each hour of time or any part thereof spent by the Police Division in supervising the movement of such vehicle, the applicant shall pay the sum as set forth in the village’s fee schedule, as adopted by reference in § 36.05.
   (K)   Signs shall be posted on all truck routes designated herein clearly indicating “No Thru Trucks - Gross Weight 3 Tons” or words of similar import to apprise drivers of the limitations imposed by this section. No driver shall disobey the instructions on any such sign. A violation of this section, subject to enforcement by the Police Division, shall constitute a fourth degree misdemeanor and result in a fine not to exceed $250 per violation.
   (L)   Violation of any of the terms of a permit granted hereunder shall be cause for immediate revocation or suspension of such permit, and denial of request for any future permit.
   (M)   No trucks over three-fourth ton rated capacity or those described above shall be stored on village streets or roadways for any period of time, unless making deliveries or pick-ups.
(Ord. 87-130, passed 10-19-1987; Ord. 94-122, passed 7-5-1994; Ord. 94-156, passed 12-19-1994; Ord. 95-141, passed 6-19-1995; Ord. 95-145, passed 6-19-1995)