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Woodlawn, OH Code of Ordinances
VILLAGE OF WOODLAWN, OHIO CODE OF ORDINANCES
OFFICIALS
ADOPTING ORDINANCE
CHARTER FOR VILLAGE OF WOODLAWN, OHIO
PART TWO: ADMINISTRATION CODE
PART FOUR: TRAFFIC CODE
TITLE TWO: ADMINISTRATION AND ENFORCEMENT
TITLE FOUR: PUBLIC WAYS AND TRAFFIC CONTROL DEVICES
TITLE SIX: OPERATION AND VEHICLES
CHAPTER 432: OPERATION GENERALLY
CROSS REFERENCES
§ 432.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
§ 432.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.
§ 432.03 OVERTAKING, PASSING TO LEFT; DRIVER’S DUTIES.
§ 432.04 OVERTAKING, PASSING TO RIGHT OF VEHICLE.
§ 432.05 OVERTAKING, PASSING TO LEFT OF CENTERLINE.
§ 432.06 DRIVING UPON LEFT SIDE OF ROADWAY.
§ 432.07 HAZARDOUS OR NO PASSING ZONES.
§ 432.08 DRIVING WITHIN LANES OR CONTINUOUS LINES OF TRAFFIC.
§ 432.09 FOLLOWING TOO CLOSELY.
§ 432.10 TURNING AT INTERSECTIONS.
§ 432.11 “U” TURNS RESTRICTED.
§ 432.12 STARTING AND BACKING VEHICLES.
§ 432.13 SIGNALS BEFORE CHANGING COURSE, TURNING OR STOPPING.
§ 432.14 HAND AND ARM SIGNALS.
§ 432.15 RIGHT-OF-WAY AT INTERSECTIONS.
§ 432.155 INTERSECTIONS AT WHICH TRAFFIC CONTROL SIGNALS FAIL OR MALFUNCTION.
§ 432.16 RIGHT-OF-WAY WHEN TURNING LEFT.
§ 432.17 OPERATION OF VEHICLE AT STOP AND YIELD SIGNS.
§ 432.18 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP SIGNALS OR SIGNS.
§ 432.19 RIGHT-OF-WAY OF PUBLIC SAFETY OR CORONER’S VEHICLE.
§ 432.195 DRIVING WHILE APPROACHING STATIONARY PUBLIC SAFETY VEHICLE AND CERTAIN OTHER VEHICLES WITH FLASHING LIGHTS.
§ 432.20 RIGHT-OF-WAY AT PRIVATE DRIVEWAY, ALLEY OR BUILDING.
§ 432.205 STOP SIGNS ON PRIVATE ROADS AND DRIVEWAYS.
§ 432.21 RIGHT-OF-WAY OF FUNERAL PROCESSION.
§ 432.22 DRIVING UPON SIDEWALKS, TREE LAWNS OR CURBS.
§ 432.23 DRIVER’S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS.
§ 432.24 DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR.
§ 432.25 FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY VEHICLES.
§ 432.26 DRIVING OVER FIRE HOSE.
§ 432.27 DRIVING THROUGH SAFETY ZONE.
§ 432.28 ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS.
§ 432.29 DRIVING UPON DIVIDED ROADWAYS.
§ 432.30 STOPPING FOR SCHOOL BUS; ACTUATING VISUAL SIGNALS; DISCHARGING CHILDREN.
§ 432.31 DRIVING ACROSS GRADE CROSSINGS.
§ 432.32 STOPPING AT GRADE CROSSINGS.
§ 432.33 SLOW-MOVING VEHICLES OR EQUIPMENT AT GRADE CROSSINGS.
§ 432.34 OBSTRUCTING INTERSECTIONS, CROSSWALKS OR GRADE CROSSINGS.
§ 432.35 “PEELING”; CRACKING EXHAUST NOISES.
§ 432.36 SHORTCUTTING ACROSS PRIVATE PROPERTY.
§ 432.37 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
§ 432.38 WEAVING; FULL TIME AND ATTENTION.
§ 432.39 OPERATION ON PATHS SET ASIDE FOR BICYCLES.
§ 432.40 LITTERING FROM MOTOR VEHICLES.
§ 432.41 USE OF EARPHONES WHILE DRIVING.
§ 432.42 TEXTING WHILE DRIVING PROHIBITED.
§ 432.43 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY MINORS OR PROBATIONARY DRIVERS WHILE DRIVING PROHIBITED.
§ 432.99 PENALTY.
CHAPTER 434: O.V.I.; RECKLESS OPERATION; SPEED
CHAPTER 436: LICENSING; ACCIDENTS
CHAPTER 438: SAFETY AND EQUIPMENT
CHAPTER 440: COMMERCIAL AND HEAVY VEHICLES
CHAPTER 442: DRIVERS OF COMMERCIAL VEHICLES
CHAPTER 444: OFFENSES RELATING TO THEFT AND FRAUD
TITLE EIGHT: PARKING
TITLE TEN: BICYCLES, MOTORCYCLES AND SNOWMOBILES
PART SIX: GENERAL OFFENSES CODE
PART EIGHT: BUSINESS REGULATION AND TAXATION CODE
PART TEN: UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE: PLANNING AND ZONING CODE
PART FOURTEEN: BUILDING AND HOUSING CODE
PART SIXTEEN: FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
COMPARATIVE TABLES
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§ 432.35 “PEELING”; CRACKING EXHAUST NOISES.
   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”.
§ 432.36 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.
§ 432.37 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
   No person shall drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority.
§ 432.38 WEAVING; FULL TIME AND ATTENTION.
   (a)   No person shall operate a motor vehicle or motorcycle upon any street or highway in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.
   (b)   No person shall operate a motor vehicle or motorcycle without giving his or her full time and attention to the operation of such vehicle.
§ 432.39 OPERATION ON PATHS SET ASIDE FOR BICYCLES.
   (a)   (1)   No person shall operate a motor vehicle, snowmobile, or all-purpose vehicle upon any path set aside for the exclusive use of bicycles, when an appropriate sign giving notice of such use is posted on the path.
      (2)   Nothing in this section shall be construed to affect any rule of the Director of Natural Resources governing the operation of motor vehicles, snowmobiles, all-purpose vehicles, and bicycles on lands under the Director’s jurisdiction.
   (b)   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.
(ORC 4511.713(A), (B))
§ 432.40 LITTERING FROM MOTOR VEHICLES.
   (a)   No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard, or deposit litter from any motor vehicle in operation upon any street, road, or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
   (b)   No operator of a motor vehicle in operation upon any street, road, or highway shall allow litter to be thrown, dropped, discarded, or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
   (c)   As used in this section, LITTER means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature.
   (d)   Whoever violates division (a) or (b) of this section is guilty of a minor misdemeanor.
(ORC 4511.82)
§ 432.41 USE OF EARPHONES WHILE DRIVING.
   (a)   As used in this section:
      (1)   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.
      (2)   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)
§ 432.42 TEXTING WHILE DRIVING PROHIBITED.
   (a)   No person shall operate a motor vehicle on any street, highway, or property open to the public for vehicular traffic while using, holding, or physically supporting with any part of the person's body an electronic wireless communications device.
   (b)   Division (a) of this section does not apply to any of the following:
      (1)   A person using an electronic wireless communications device to make contact, for emergency purposes, 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 while using an electronic wireless communications device in the course of the person's duties;
      (3)   A person using an electronic wireless communications device when the person's motor vehicle is in a stationary position and is outside a lane of travel, at a traffic control signal that is currently directing traffic to stop, or parked on a road or highway due to an emergency or road closure;
      (4)   A person using and holding an electronic wireless communications device directly near the person's ear for the purpose of making, receiving, or conducting a telephone call, provided that the person does not manually enter letters, numbers, or symbols into the device;
      (5)   A person receiving wireless messages on an electronic wireless communications 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, provided that the person does not hold or support the device with any part of the person's body;
      (6)   A person using the speaker phone function of the electronic wireless communications device, provided that the person does not hold or support the device with any part of the person's body;
      (7)   A person using an electronic wireless communications device for navigation purposes, provided that the person does not do either of the following during the use:
         A.   Manually enter letters, numbers, or symbols into the device;
         B.   Hold or support the device with any part of the person's body;
      (8)   A person using a feature or function of the electronic wireless communications device with a single touch or single swipe, provided that the person does not do either of the following during the use:
         A.   Manually enter letters, numbers, or symbols into the device;
         B.   Hold or support the device with any part of the person's body;
      (9)   A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
      (10)   A person operating a utility service vehicle or a vehicle for or on behalf of a utility, if the person is acting in response to an emergency, power outage, or circumstance that affects the health or safety of individuals;
      (11)   A person using an electronic wireless communications device in conjunction with a voice-operated or hands-free feature or function of the vehicle or of the device without the use of either hand except to activate, deactivate, or initiate the feature or function with a single touch or swipe, provided the person does not hold or support the device with any part of the person's body;
      (12)   A person using technology that physically or electronically integrates the device into the motor vehicle, provided that the person does not do either of the following during the use:
         A.   Manually enter letters, numbers, or symbols into the device;
         B.   Hold or support the device with any part of the person's body.
      (13)   A person storing an electronic wireless communications device in a holster, harness, or article of clothing on the person's body.
   (c)   If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of division (a) of this section, the officer shall do both of the following:
      (1)   Report the issuance of the ticket, citation, or summons to the officer's law enforcement agency;
      (2)   Ensure that such report indicates the offender's race.
   (d)   (1)   Whoever violates division (a) of this section is guilty of operating a motor vehicle while using an electronic wireless communication device, an unclassified misdemeanor.
         A.   Except as provided in divisions (d)(1)B., (d)(1)C., (d)(1)D., and (d)(2) of this section, the court shall impose upon the offender a fine of not more than $150.
         B.   If, within two years of the violation, the offender has been convicted of or pleaded guilty to one prior violation of this section, R.C. § 4511.204, or a substantially equivalent municipal ordinance, the court shall impose upon the offender a fine of not more than $250.
         C.   If, within two years of the violation, the offender has been convicted of or pleaded guilty to two or more prior violations of this section, R.C. § 4511.204, or a substantially equivalent or municipal ordinance, the court shall impose upon the offender a fine of not more than $500. The court also may impose a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for 90 days.
         D.   Notwithstanding divisions (d)(1)A. to (d)(1)C. of this section, if the offender was operating the motor vehicle at the time of the violation in a construction zone where a sign was posted in accordance with R.C. § 4511.98, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two times the amount imposed for the violation under division (d)(1)A., (d)(1)B., or (d)(1)C. of this section, as applicable.
      (2)   In lieu of payment of the fine of $150 under division (d)(1)A. of this section and the assessment of points under division (d)(4) of this section, the offender instead may elect to attend the distracted driving safety course, as described in R.C. § 4511.991. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall not be required to pay the fine and shall not have the points assessed against that offender's driver's license if the offender submits the written evidence to the court.
      (3)   The court may impose any other penalty authorized under R.C. §§ 2929.21 to 2929.28. However, the court shall not impose a fine or a suspension not otherwise specified in division (d)(1) of this section. The court also shall not impose a jail term or community residential sanction.
      (4)   Except as provided in division (d)(2) of this section, points shall be assessed for a violation of division (a) of this section in accordance with R.C. § 4510.036.
      (5)   The offense established under this section is a strict liability offense and 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.
   (e)   A prosecution for an offense in violation of this section does not preclude a prosecution for an offense in violation of R.C. § 4511.204 based on the same conduct. However, the two offenses are allied offenses of similar import under R.C. § 2941.25.
   (f)   (1)   A law enforcement officer does not have probable cause and shall not stop the operator of a motor vehicle for purposes of enforcing this section unless the officer visually observes the operator using, holding, or physically supporting with any part of the person's body the electronic wireless communications device.
      (2)   A law enforcement officer who stops the operator of a motor vehicle for a violation of division (a) of this section shall inform the operator that the operator may decline a search of the operator's electronic wireless communications device. The officer shall not do any of the following:
         A.   Access the device without a warrant, unless the operator voluntarily and unequivocally gives consent for the officer to access the device;
         B.   Confiscate the device while awaiting the issuance of a warrant to access the device;
         C.   Obtain consent from the operator to access the device through coercion or any other improper means. Any consent by the operator to access the device shall be voluntary and unequivocal before the officer may access the device without a warrant.
   (g)   As used in this section:
      (1)   ELECTRONIC WIRELESS COMMUNICATIONS DEVICE.
         A.   Includes any of the following:
            1.   A wireless telephone;
            2.   A text-messaging device;
            3.   A personal digital assistant;
            4.   A computer, including a laptop computer and a computer tablet;
            5.   Any device capable of displaying a video, movie, broadcast television image, or visual image;
            6.   Any other substantially similar wireless device that is designed or used to communicate text, initiate or receive communication, or exchange information or data.
         B.   An ELECTRONIC WIRELESS COMMUNICATIONS DEVICE does not include a two-way radio transmitter or receiver used by a person who is licensed by the federal communications commission to participate in the amateur radio service.
      (2)   UTILITY. An entity specified in R.C. § 4905.03(A), (C), (D), (E), or (G).
      (3)   UTILITY SERVICE VEHICLE. A vehicle owned or operated by a utility.
      (4)   VOICE-OPERATED OR HANDS-FREE FEATURE OR FUNCTION. A feature or function that allows a person to use an electronic wireless communications device without the use of either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.
(R.C. § 4511.204)
Statutory reference:
   No preemption for local regulations imposing greater penalties, see R.C. § 4511.204(E)
§ 432.43 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;
      (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 this section does not preclude the filing of a sworn complaint for a violation of R.C. § 4511.205 for the same conduct. However, if a person is adjudicated a delinquent child or a juvenile traffic offender for a violation of this section and is also adjudicated a delinquent child or a juvenile traffic offender for a violation of R.C. § 4511.205 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;
      (5)   Any other substantially similar electronic wireless device that is designed or used to communicate via voice, image, or written word.
(R.C. § 4511.205)
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