331.40 STOPPING AT GRADE CROSSING.

   (a)   (1)   Except as provided in subsection (a)(2) hereof, the operator of any bus, any school vehicle, or any vehicle transporting material required to be placarded under 49 CFR Parts 100-185, before crossing at grade any track of a railroad, shall stop the vehicle, and, while so stopped, shall listen through an open door or open window and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, and shall proceed only upon exercising due care after stopping, looking and listening as required by this section. Upon proceeding, the operator of such a vehicle shall cross only in a gear that will ensure there will be no necessity for changing gears while traversing the crossing and shall not shift gears while crossing the tracks.

      (2)   This section does not apply at grade crossings when the Ohio Public Utilities Commission has authorized and approved an exempt crossing as provided in this subsection.

         A.   Any local authority may file an application with the Commission requesting the approval of an exempt crossing. Upon receipt of such a request, the Commission shall authorize a limited period for the filing of comments by any party regarding the application and then shall conduct a public hearing in the community seeking the exempt crossing designation. The Commission shall provide appropriate prior public notice of the comment period and the public hearing. By registered mail, the Commission shall notify each railroad operating over the crossing of the comment period.

         B.   After considering any comments or other information received, the Commission may approve or reject the application. By order, the Commission may establish conditions for the exempt crossing designation, including compliance with division (b) of 49 C.F.R. Part 392.10, when applicable. An exempt crossing designation becomes effective only when appropriate signs giving notice of the exempt designation are erected at the crossing as ordered by the Commission and any other conditions ordered by the Commission are satisfied.

         C.   By order, the Commission may rescind any exempt crossing designation made under this section if the Commission finds that a condition at the exempt crossing has changed to such an extent that the continuation of the exempt crossing designation compromises public safety. The Commission may conduct a public hearing to investigate and determine whether to rescind the exempt crossing designation. If the Commission rescinds the designation, it shall order the removal of any exempt crossing signs and may make any other necessary order.

      (3)   As used in this section:

         A.   “School vehicle” means any vehicle used for the transportation of pupils to and from a school or school-related function if the vehicle is owned or operated by, or operated under contract with, a public or nonpublic school.

         B.   “Bus” means any vehicle originally designed by its manufacturer to transport sixteen or more passengers, including the driver, or carries sixteen or more passengers, including the driver.

         C.   “Exempt crossing” means a highway rail grade crossing authorized and approved by the Public Utilities Commission under subsection (a)(2) hereof at which vehicles may cross without making the stop otherwise required by this section.

      (4)   Except as otherwise provided in this subsection (a)(4), whoever violates subsection (a) hereof is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of subsection (a) hereof or Ohio R.C. 4511.76, 4511.761, 4511.762, 4511.764, 4511.77 or 4511.79, or a municipal ordinance that is substantially similar to any of those sections, whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree.
(ORC 4511.63)

   (b)   (1)   When authorized stop signs are erected at railroad grade crossings, the operator of any vehicle shall stop within fifty but not less than fifteen feet from the nearest rail of the railroad tracks and shall exercise due care before proceeding across such grade crossing.

      (2)   Except as otherwise provided in this subsection, whoever violates this subsection (b)(1) hereof 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 4511.61)

331.41 SHORTCUTTING; AVOIDING TRAFFIC CONTROL DEVICES.

   (a)   No person shall operate a vehicle across public or private property marked with signs "No Through Traffic" or words of similar import for the purpose of passing from one roadway to another.

   (b)   No person shall operate a vehicle across public or private property for the purpose of avoiding compliance with a traffic control device.

   (c)   It shall be prima-facie evidence of a violation of this section for the operator of a vehicle to cross public or private property as provided herein without using the service of such property, stopping the engine or both.

   (d)   Except as otherwise provided in this subsection, 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.

331.42 LITTERING FROM MOTOR VEHICLE.

   (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 this section is guilty of a minor misdemeanor.

(ORC 4511.82)

331.43 WEARING EARPLUGS OR EARPHONES PROHIBITED.

   (a)   No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears. As used in this section, "earphones" means any headset, radio, tape player or other similar device that provides the listener with radio programs, music or other recorded information through a device attached to the head and that covers all or a portion of both ears. "Earphones" does not include speakers or other listening devices that are built into protective headgear.

   (b)   This section does not apply to:

      (1)   Any person wearing a hearing aid;

      (2)   Law enforcement personnel while on duty;

      (3)   Fire 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 street or highway; or

      (5)   Any person engaged in the operation of refuse collection equipment.

   (c)   Except as otherwise provided in this subsection, 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 4511.84)

331.44 SUFFICIENT FUEL REQUIRED IN CONGESTED DISTRICT.

   (a)   No person shall operate or permit to be operated any vehicle within the congested district bounded by Chestnut, Walnut, Boardman and Commerce Streets without sufficient fuel to drive the vehicle from the district.

   (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.

331.45 SAFETY STANDARDS FOR BUSES TRANSPORTING SCHOOL CHILDREN.

   (a)   The Police Department shall inspect every City bus, under contract with the Youngstown Board of Education to transport school children, to ascertain whether its construction, design and equipment comply with the regulations adopted by the Ohio Department of Highway Safety.

   The Chief of Police shall adopt a distinctive inspection decal not less than twelve inches in size, and bearing the date of the inspection, which shall be affixed to the outside surface of each side of each bus which upon such inspection is found to comply with the regulations adopted by the Ohio Department of Highway Safety. The appearance of the decal shall be changed from year to year as to shape and color in order to provide easy visual inspection.

   No person shall operate, nor shall any person being the owner thereof or having supervisory responsibility therefor, permit the operation of a bus under contract with the Youngstown Board of Education to transport school children within this City unless there is displayed thereon the decals issued by the Police Department bearing a date of inspection prior to the fifteenth day of October, in the calendar year in which the decals were issued, except for a bus purchased prior to the fifteenth day of October which must bear an inspection decal prior to the date of its use for the transportation of passengers.

   (b)   All buses under existing contract to transport school children in the City shall have the same flashing lights installed as required by State law on all school buses.

   (c)   No person shall operate a bus under contract with the Youngstown Board of Education to transport school children in the City which passenger capacity exceeds ten percent (10%) of the minimum seating capacity on such bus.

   (d)   For the purpose of this section, the following definitions are applicable: "Bus" means every motor vehicle designed for carrying more than nine passengers and used for the transportation of persons, and that is under contract with the Youngstown Board of Education to transport school children, and every school bus, mass transit bus and every motor vehicle, automobile for hire or funeral car, other than a taxicab, designed and used for transportation of persons for compensation.

(Ord. 88768. Passed 12-11-74.)

   (e)   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.