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.

331.46 SCHOOL BUS REQUIREMENTS.

   (a)   No vehicle shall be operated within the Municipality carrying any identification indicating that the vehicle is a school bus unless such vehicle complies with all the regulations and requirements established for school buses by State law.

(1967 Code §71.48)

   (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.

331.47 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;

      (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)   As used in this section:

      (1)   “ 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;

         E.   Any other substantially similar wireless device that is designed or used to communicate text. (Ord. 24-78. Passed 2-21-24.)