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West Alexandria Overview
West Alexandria, OH Code of Ordinances
VILLAGE OF WEST ALEXANDRIA, OHIO CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
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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§ 73.16 PRESENTING FALSE NAME OR INFORMATION TO OFFICER.
   (A)   No person shall knowingly present, display, or orally communicate a false name, social security number, or date of birth to a law enforcement officer who is in the process of issuing to the person a traffic ticket or complaint.
   (B)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4513.361) (Prior Code, § 404.10)
§ 73.17 PROHIBITION AGAINST RESISTING OFFICER.
   (A)   No person shall resist, hinder, obstruct, or abuse any sheriff, constable, or other official while that official is attempting to arrest offenders under any provision of this Title VII. No person shall interfere with any person charged under any provision of this Title VII with the enforcement of the law relative to public highways.
   (B)   Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4513.36)
   (C)   It is a defense to prosecution under this section that the hindrance, obstruction, resistance, or interference alleged consisted of constitutionally protected speech only.
(Prior Code, § 404.02)
§ 73.18 OPERATION RESTRICTED FOR MINI-TRUCKS AND LOW-SPEED, UNDER-SPEED, OR UTILITY VEHICLES.
   (A)   (1)   No person shall operate a low-speed vehicle upon any street or highway having an established speed limit greater than 35 miles per hour.
      (2)   No person shall operate an under-speed or utility vehicle or a mini-truck upon any street or highway except as follows:
         (a)   Upon a street or highway having an established speed limit not greater than 35 miles per hour and only upon such streets or highways where the municipality has granted permission for such operation in accordance with division (E) of this section;
         (b)   A state park or political subdivision employee or volunteer operating a utility vehicle exclusively within the boundaries of state parks or political subdivision parks for the operation or maintenance of state or political subdivision park facilities.
      (3)   No person shall operate a motor-driven cycle or motor scooter upon any street or highway having an established speed limit greater than 45 miles per hour.
   (B)   This section does not prohibit either of the following:
      (1)   A person operating a low-speed, under-speed, or utility vehicle or a mini-truck from proceeding across an intersection of a street or highway having a speed limit greater than 35 miles per hour;
      (2)   A person operating a motor-driven cycle or motor scooter from proceeding across an intersection of a street or highway having a speed limit greater than 45 miles per hour.
   (C)   Nothing in this section shall prevent the municipality from adopting more stringent local ordinances, resolutions, or regulations governing the operation of a low-speed vehicle or a mini-truck, or a motor-driven cycle or motor scooter.
   (D)   Except as otherwise provided in this division, whoever violates division (A) 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 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. § 4511.214)
   (E)   By ordinance or resolution, the municipality may authorize the operation of under-speed or utility vehicles or mini-trucks on a public street or highway under its jurisdiction. The municipality shall do all of the following:
      (1)   Limit the operation of those vehicles to streets and highways having an established speed limit not greater than 35 miles per hour;
      (2)   Require the vehicle owner who wishes to operate an under-speed or utility vehicle or a mini-truck on the public streets or highways to submit the vehicle to an inspection conducted by a local law enforcement agency that complies with inspection requirements established by the Department of Public Safety under R.C. § 4513.02;
      (3)   Permit the operation on public streets or highways of only those vehicles that successfully pass the required vehicle inspection, are registered in accordance with R.C. Chapter 4503, and are titled in accordance with R.C. Chapter 4505;
      (4)   Notify the Director of Public Safety, in a manner the Director determines, of the authorization for the operation of under-speed or utility vehicles or mini-trucks.
   (F)   The municipality may establish additional requirements for the operation of under-speed or utility vehicles or mini-trucks on its streets and highways.
(R.C. § 4511.215)
   (G)   Notwithstanding divisions (A) through (F) of this section, a person may operate a utility vehicle on any public roads or right-of-way, other than a freeway, when traveling from one farm field to another for agricultural purposes if the vehicle is displaying a triangular slow-moving vehicle emblem as described in R.C. § 4513.112.
(R.C. § 4511.216)
   (H)   (1)   Except as provided in this division (H) and divisions (E) and (F) of this section, no person shall operate a mini-truck within this municipality.
      (2)   A person may operate a mini-truck on a farm for agricultural purposes only when the owner of the farm qualifies for the current agricultural use valuation tax credit. A mini-truck may be operated by or on behalf of such a farm owner on public roads and rights-of-way only when traveling from one farm field to another.
      (3)   A person may operate a mini-truck on property owned or leased by a dealer who sells mini-trucks at retail.
      (4)   Whoever violates this division (H) shall be penalized as provided in division (D) of this section.
(R.C. § 4519.401)
(Prior Code, § 434.09)
§ 73.19 VEHICULAR HOMICIDE; VEHICULAR MANSLAUGHTER.
   (A)   No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways:
      (1)   (a)   As the proximate result of committing a violation of R.C. § 4511.19(A) or of a substantially equivalent municipal ordinance;
         (b)   As the proximate result of committing a violation of R.C. § 1547.11(A) or of a substantially equivalent municipal ordinance;
         (c)   As the proximate result of committing a violation of R.C. § 4561.15(A)(3) or of a substantially equivalent municipal ordinance.
      (2)   In one of the following ways:
         (a)   Recklessly;
         (b)   As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in division (D) of this section.
      (3)   In one of the following ways:
         (a)   Negligently;
         (b)   As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (D) of this section.
      (4)   As the proximate result of committing a violation of any provision of any section contained in R.C. Title 45 that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in R.C. Title 45 that is a minor misdemeanor.
   (B)   (1)   Whoever violates division (A)(1) or (A)(2) of this section is guilty of aggravated vehicular homicide, a felony to be prosecuted under appropriate state law.
      (2)   (a)   Whoever violates division (A)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide committed in violation of division (A)(3) of this section is a felony to be prosecuted under appropriate state law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under R.C. § 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
         (b)   In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class four 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 R.C. § 4510.02(A)(4).
      (3)   (a)   Whoever violates division (A)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under R.C. Chapter 4510 or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under R.C. § 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter or assault offense.
         (b)   In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class six 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 R.C. § 4510.02(A)(6); or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter or assault offense, or a traffic-related murder, felonious assault or attempted murder offense, a class four 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 R.C. § 4510.02(A)(4).
   (C)   The court shall impose a mandatory jail term of at least 15 days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3)(b) of this section and may impose upon the offender a longer jail term as authorized pursuant to R.C. § 2929.24.
   (D)   Divisions (A)(2)(b) and (A)(3)(b) of this section do not apply in a particular construction zone unless signs of the type described in R.C. § 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under R.C. § 5501.27. The failure to erect signs of the type described in R.C. § 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a) or (A)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone.
   (E)   (1)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         (a)   CONSTRUCTION ZONE. Has the same meaning as in R.C. § 5501.27.
         (b)   MANDATORY PRISON TERM and MANDATORY JAIL TERM. Have the same meanings as in R.C. § 2929.01.
         (c)   MOTOR VEHICLE. Has the same meaning as in R.C. § 4501.01.
         (d)   RECKLESS OPERATION OFFENSE. A violation of R.C. § 4511.20 or a municipal ordinance substantially equivalent to R.C. § 4511.20.
         (e)   SPEEDING OFFENSE. A violation of R.C. § 4511.21 or a municipal ordinance pertaining to speed.
         (f)   TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER OR ASSAULT OFFENSE. A violation of R.C. § 2903.04 in circumstances in which division (D) of that section applies, a violation of R.C. § 2903.06 or 2903.08, or a violation of R.C. § 2903.06, 2903.07 or 2903.08 as they existed prior to March 23, 2000.
         (g)   TRAFFIC-RELATED MURDER, FELONIOUS ASSAULT OR ATTEMPTED MURDER OFFENSE. A violation of R.C. § 2903.01 or 2903.02 in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of R.C. § 2903.11(A)(2) in circumstances in which the deadly weapon used in the commission of the violation is a motor vehicle, or an attempt to commit aggravated murder or murder in violation of R.C. § 2923.02 in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder.
      (2)   For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of this or another state or the United States.
(R.C. § 2903.06)
   (F)   Vehicular assault.
      (1)   No person, while operating or participating in the operation of a motor vehicle or motorcycle, shall cause serious physical harm to another person or another’s unborn as the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (F)(4) of this section.
      (2)   (a)   Except as otherwise provided in this division, vehicular assault committed in violation of division (F)(1) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (F)(1) of this section is a felony to be prosecuted under appropriate state law if, at the time of the offense, the offender was driving under a suspension imposed under R.C. Chapter 4510 or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of division (F)(1) of this section, R.C. § 2903.08, or any traffic-related homicide, manslaughter, or assault offense.
         (b)   In addition to any other sanctions imposed, the court shall impose upon the offender a class four 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 R.C. § 4510.02(A)(4).
      (3)   The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (F)(1) of this section and may impose upon the offender a longer jail term as authorized pursuant to R.C. § 2929.24.
      (4)   Division (F)(1) of this section does not apply in a particular construction zone unless signs of the type described in R.C. § 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under R.C. § 5501.27.
      (5)   As used in this division (F):
         (a)   CONSTRUCTION ZONE. Has the same meaning as in R.C. § 5501.27.
         (b)   MANDATORY JAIL TERM. Has the same meaning as in R.C. § 2929.01.
         (c)   SPEEDING OFFENSE. Has the same meaning as in R.C. § 2903.06.
         (d)   TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT OFFENSE. Has the same meaning as in R.C. § 2903.06.
      (6)   For the purposes of this division (F), when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.
(R.C. 2903.08(A)(3), (C)(3), (D)(3), (E) - (G))
(Prior Code, § 434.08)
Statutory reference:
   Trial court to suspend driver’s license, see R.C. §§ 4510.05, 4510.10
   Vehicular assault and aggravated vehicular assault, felony offenses, see R.C. § 2903.08
STOPPING AFTER ACCIDENT
§ 73.30 FAILURE TO STOP AFTER ACCIDENT.
   (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 division (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 division (A) of this section is guilty of failure to stop after an accident. Except as otherwise provided in division (B)(2) or (B)(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 to 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 to 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 R.C. § 4510.02(A)(5). No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this division.
      (5)   The offender shall provide the court with proof of financial responsibility as defined in 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 R.C. § 2929.18 or 2929.28 in an amount not exceeding $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.
(R.C. § 4549.02) (Prior Code, § 436.11)
§ 73.31 STOPPING AFTER ACCIDENT ON OTHER THAN PUBLIC ROADS OR HIGHWAYS.
   (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 division (A)(1) of this section, the operator shall give that information, within 24 hours after the accident or collision, to the police department of the city or village in which the accident or collision occurred, or if it occurred outside the corporate limits of a city or village, to the sheriff of the county in which the accident or collision occurred.
      (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 division (A)(1) of this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.
   (B)   (1)   Whoever violates division (A) of this section is guilty of failure to stop after a nonpublic road accident. Except as otherwise provided in division (B)(2) or (B)(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 to 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 to 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 R.C. § 4510.02(A)(5). No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this division.
      (5)   The offender shall provide the court with proof of financial responsibility as defined in 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 R.C. § 2929.18 or 2929.28 in an amount not exceeding $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.
(R.C. § 4549.021) (Prior Code, § 436.12)
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