TITLE TWO - Administration, Enforcement and Penalties

Chap. 402. Definitions. 
Chap. 404
. Enforcement; Impounding. 
Chap. 406. Traffic Control. 
Chap. 408. Penalties.

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CHAPTER 402 - Definitions

402.01 Meaning of words and phrases. 
402.02 Agricultural tractor; multi-wheel agricultural tractor. 
402.03 Alley. 
402.04 Arterial street. 
402.05
Bicycle. 
402.06 Bus. 
402.07 Business district. 
402.08 Chauffeured limousine. 
402.09 Child day-care center or Type A family day-care home.
402.10 Commercial tractor. 
402.11 Controlled-access highway. 
402.12 Crosswalk. 
402.13 Driver or operator. 
402.14 Emergency vehicle. 
402.15 Explosives. 
402.16 Expressway. 
402.17 Flammable liquid. 
402.18 Freeway. 
402.185 Funeral escort vehicle. 
402.19 Gross weight. 
402.20 Intersection. 
402.21 Laned highway. 
402.215 Local authorities. 
402.22 Motor vehicle. 
402.23 Motorcycle. 
402.24 Motorized bicycle. 
402.25 Motorized wheelchair. 
402.255 Operate. 
402.26 Parking. 
402.27 Pedestrian. 
402.28 Person.
402.29 Pole trailer. 
402.30 Police officer. 
402.305 Predicate motor vehicle or traffic offense. 
402.31 Private road or driveway. 
402.32
Public safety vehicle. 
402.33
Railroad. 
402.34 Railroad sign or signal. 
402.35 Railroad train. 
402.36 Residence district. 
402.37
Ridesharing arrangement. 
402.38 Right-of-way. 
402.39 Roadway. 
402.395 Rural mail delivery vehicle. 
402.40 Safety zone. 
402.41 School bus. 
402.42 Semitrailer. 
402.43 Sidewalk. 
402.435 State highway. 
402.44 State route. 
402.45 Stop. 
402.46 Stop intersection. 
402.47 Stopping and standing. 
402.48 Street or highway. 
402.49 Through street or highway. 
402.50 Thruway. 
402.51 Traffic. 
402.52 Traffic-control devices. 
402.53 Traffic-control signal. 
402.54 Trailer. 
402.55 Truck. 
402.56 Urban district. 
402.57 Vehicle.

CROSS REFERENCES

See section histories for similar State law Blind person defined - see TRAF. 416.02 
Funeral procession defined - see TRAF. 432.23 
Street racing defined - see TRAF. 434.09 
Commercial car defined - see TRAF. 442.01
Snowmobile, off-highway motorcycle and all-purpose vehicle defined - see TRAF. 446.01

Tourism Divider

 

402.01 MEANING OF WORDS AND PHRASES. 

(a) Except as otherwise provided, the definitions set forth in Ohio R.C. 4501.01 shall apply to this Traffic Code and the penal laws of the Municipality.
(b) Except as otherwise provided, the following words and phrases, when used in this Traffic Code, shall have the meanings respectively ascribed to them in this chapter.

402.02 AGRICULTURAL TRACTOR; MULTI-WHEEL AGRICULTURAL TRACTOR

(a) "Agricultural tractor's independently of such other vehicles, and used principally for agricultural purposes. (ORC 4511.01(J))
(b) "Multi-wheel agricultural tractor" means a type of agricultural tractor that has two or more wheels or tires on each side of one axle at the rear of the tractor, is designed or used for drawing other vehicles or wheeled machinery, has no provision for carrying loads independently of the drawn vehicles or machinery, and is used principally for agricultural purposes. (ORC 4511.01(GGG))

 

402.03 ALLEY

"Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts, and not intended for the purpose of through vehicular traffic, and any street or highway that has been declared an "alley" by the Council. (ORC 4511.01(XX))

402.04 ARTERIAL STREET

"Arterial street" means any United States or State numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (ORC 4511.01(CCC))

402.05 BICYCLE.

 "Bicycle" means every device, other than a tricycle designed solely for use as a play vehicle by a child, propelled solely by human power, upon which any person may ride having either two tandem wheels, or one wheel in the front and two wheels in the rear, any of which is more than 14 inches in diameter. (ORC 4511.01(G))

 

402.06 BUS

"Bus" means every motor vehicle designed for carrying more than nine passengers, and used for the transportation of persons other than in a ridesharing arrangement, and every motor vehicle, automobile for hire, or funeral car, other than a taxicab or motor vehicle used in a ridesharing arrangement, designed and used for the transportation of persons for compensation. (ORC 4511.01(L))

 

402.07 BUSINESS DISTRICT

"Business district" means the territory fronting upon a street or highway, including the street or highway, between successive intersections within the Municipality, where 50% or more of the frontage between successive intersections is occupied by buildings in use for business, or within or outside the Municipality where 50% or more of the frontage for a distance of 300 feet or more is occupied by buildings in use for business, and the character of the territory is indicated by official traffic-control devices. (ORC 4511.01(NN))

 

402.08 CHAUFFEURED LIMOUSINE

"Chauffeured limousine" means a motor vehicle that is designed to carry nine or fewer passengers and is operated for hire on an hourly basis pursuant to a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person hiring the vehicle and not over a defined and regular route. "Prearranged contract" means an agreement, made in advance of boarding, to provide transportation from a specific location in an chauffeured limousine at a fixed rate per hour or trip. "Chauffeured limousine" does not include any vehicle that is used exclusively in the business of funeral directing. (ORC 4501.01(LL))

 

402.09 CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME

"Child day-care center" and "Type A family day-care home" have the same meanings as set forth in Ohio R.C. 5104.01. (ORC 4511.01(FFF))

 

402.10 COMMERCIAL TRACTOR

"Commercial tractor" means every motor vehicle having motive power designed or used for drawing other vehicles, and not so constructed as to carry any load thereon, or designed or used for drawing other vehicles while carrying a portion of the other vehicles, or the load thereon, or both. (ORC 4511.01(I))

 

402.11 CONTROLLED-ACCESS HIGHWAY

"Controlled-access highway" means every street or highway in respect to which owners or occupants of abutting lands and other persons have no legal right or access to or from the same except at certain points only and in a manner as may be determined by the public authority having jurisdiction over the street or highway. (ORC 4511.01(CC))

 

402.12 CROSSWALK

"Crosswalk" means: 

(a) That part of a roadway at intersections ordinarily included within the real or projected prolongation of property lines and curb lines or, in the absence of curbs, the edges of the traversable roadway; 
(b) Any portion of a roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface; 
(c) Notwithstanding the foregoing provisions of this definition, there shall not be a crosswalk where the Legislative Authority has placed signs indicating no crossing. (ORC 4511.01(LL))

 

402.13 DRIVER OR OPERATOR

"Driver" or "operator" means every person who drives or is in actual physical control of a vehicle. (ORC 4511.01(Y))

 

402.14 EMERGENCY VEHICLE

"Emergency vehicle" means emergency vehicles of municipal, township or county departments or public utility corporations, when identified as such as required by law, the Director of Public Safety, or local authorities, and motor vehicles when commandeered by a police officer. (ORC 4511.01(D))

402.15 EXPLOSIVES

"Explosives" means any chemical compound or mechanical mixture that is intended for the purpose of producing an explosion that contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by a detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, such that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, or of destroying life or limb. Manufactured articles shall not be held to be explosives when the individual units contain explosives in limited quantities of such nature or in such packing that it is impossible to procure a simultaneous or a destructive explosion of the units, to the injury of life, limb, or property by fire, friction, concussion, percussion, or by a detonator, such as fixed ammunition for small arms, firecrackers, or safety fuse matches. (ORC 4511.01(T))

 

402.16 EXPRESSWAY

"Expressway" means a divided arterial highway for through traffic with full or partial control of access with an excess of 50% of all crossroads separated in grade. (ORC 4511.01(ZZ))

 

402.17 FLAMMABLE LIQUID

'Flammable liquid" means any liquid which has a flash point of 70 F or less, as determined by a Tagliabue or equivalent closed cup test device. (ORC 4511.01(U))

 

402.18 FREEWAY

"Freeway" means a divided multi-lane highway for through traffic with crossroads separated in grade and with full control of access. (ORC 4511.01(YY))

 

402.185 FUNERAL ESCORT VEHICLE

:Funeral escort vehicle" means any motor vehicle, including a funeral hearse, while used to facilitate the movement of a funeral procession. (ORC 4511.01(WW))

 

402.19 GROSS WEIGHT

"Gross weight" means the weight of a vehicle plus the weight of any load thereon. (ORC 4511.01(V))

 

402.20 INTERSECTION

"Intersection" means: 

(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. 
(b) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. If an intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of the highways shall be regarded as a separate intersection. 
(c) The junction of an alley with a street or highway, or with another alley, shall not constitute an intersection. (ORC 4511.01(KK))

 

 

402.21 LANED HIGHWAY

"Laned highway" means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (ORC 4511.01(GG))

 

402.215 LOCAL AUTHORITIES

"Local authorities" means every county, municipal, and other local board or body having authority to adopt police regulations under the Constitution and laws of this State. (ORC 4511.01(AA))

402.22 MOTOR VEHICLE

"Motor vehicle" means every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes and other equipment used in construction work, and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of 25 miles per hour or less. (ORC 4511.01(B))

 

402.23 MOTORCYCLE

"Motorcycle" means every motor vehicle other than a tractor having a saddle for the use of the operator and designed to travel on not more than three wheels in contact with the ground, including, but not limited to, motor vehicles known as "motor-driven cycle," "motor scooter," or "motorcycle" without regard to weight or brake horsepower. (ORC 4511.01(C))

 

402.24 MOTORIZED BICYCLE

"Motorized bicycle" means any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled, and is equipped with a helper motor of not more than 50 cubic centimeters piston displacement which produces no more than one brake horsepower, and is capable of propelling the vehicle at a speed of no greater than 20 miles per hour on a level surface. (ORC 4511.01(H))

 

402.25 MOTORIZED WHEELCHAIR. 

"Motorized wheelchair" means any self-propelled vehicle designed for, and used by, a person with a disability and that is incapable of a speed in excess of eight miles per hour. (ORC 4511.01(EEE))

 

402.255 OPERATE

"Operate" means to cause or have caused movement of a vehicle. (ORC 4511.01(HHH))

 

402.26 PARKING

"Parking," when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

 

402.27 PEDESTRIAN

"Pedestrian" means any natural person afoot. (ORC 4511.01(X))

402.28 PERSON

"Person" means every natural person, firm, partnership, association or corporation. (ORC 4511.01(W))

402.29 POLE TRAILER. 

"Pole trailer" means every trailer or semitrailer attached to the towing vehicle by means of a reach, pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (ORC 4511.01(O))

 

402.30 POLICE OFFICER

"Police officer" means every officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations. (ORC 4511.01(Z))

 

402.305 PREDICATE MOTOR VEHICLE OR TRAFFIC OFFENSE

"Predicate motor vehicle or traffic offense" means any of the following: 

(a) A violation of Ohio R.C. 4511.03, 4511.051, 4511.12, 4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.763, 4511.771, 4511.78, or 4511.84; 
(b) A violation of Ohio R.C. 4511.17(A)(2), 4511.51(A) to (D), or 4511.74(A); 
(c) A violation of any provision of Ohio R.C. 4511.01 to 4511.76 for which no penalty otherwise is provided in the section that contains the provision violated; 
(d) A violation of a municipal ordinance that is substantially equivalent to any section or provision set forth or described in division (a), (b), or (c) of this definition. (ORC 4511.01(III))

 

402.31 PRIVATE ROAD OR DRIVEWAY

"Private road or driveway" means every way or place in private ownership used for vehicular travel by the owner, and those having express or implied permission from the owner, but not by other persons. (ORC 4511.01(DD))

 

402.32 PUBLIC SAFETY VEHICLE

"Public safety vehicle" means any of the following: 

(a) Ambulances, including private ambulance companies under contract to a Municipality, township, or county, and private ambulances and nontransport vehicles bearing license plates issued under Ohio R.C. 4503.49; 
(b) Motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the State;
(c) Any motor vehicle when properly identified as required by the Director of Public Safety, when used in response to fire emergency calls or to provide emergency medical service to ill or injured persons, and when operated by a duly qualified person who is a member of a volunteer rescue service or a volunteer fire department, and who is on duty pursuant to the rules or directives of that service. The State Fire Marshal shall be designated by the Director of Public Safety as the certifying agency for all public safety vehicles described herein; 
(d) Vehicles used by fire departments, including motor vehicles when used by volunteer firefighters responding to emergency calls in the fire department service when identified as required by the Director of Public Safety; 
(e) Any vehicle used to transport or provide emergency medical service to an ill or injured person, when certified as a "public safety vehicle," shall be considered such a vehicle when transporting an ill or injured person to a hospital, regardless of whether such vehicle has already passed a hospital; 
(f) Vehicles used by the Motor Carrier Enforcement Unit for the enforcement of orders and rules of the Public Utilities Commission as specified in Ohio R.C. 5503.34. (ORC 4511.01(E))

 

402.33 RAILROAD. 

"Railroad" means a carrier of persons or property operating upon rails placed principally on a private right-of-way. (ORC 4511.01(P))

 

402.34 RAILROAD SIGN OR SIGNAL

"Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (ORC 4511.01(SS))

402.35 RAILROAD TRAIN

"Railroad train" means a steam engine or an electric or other motor, with or without cars coupled thereto, operated by a railroad. (ORC 4511.01(Q))

 

402.36 RESIDENCE DISTRICT.

"Residence district" means the territory, not comprising a business district, fronting on a street or highway, including the street or highway, where, for a distance of 300 feet or more, the frontage is improved with residences or residences and buildings in use for business. (ORC 4511.01(OO))

 

402.37 RIDESHARING ARRANGEMENT

"Ridesharing arrangement" includes the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools. (ORC 4511.01(DDD))

 

402.38 RIGHT-OF-WAY

"Right-of-way" means either of the following, as the context requires:

(a) The right of a vehicle or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it, he or she is moving, in preference to another vehicle or pedestrian approaching from a different direction into its, his or her path;
(b) A general term denoting land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, Aright-of-way" includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the State or local authority. (ORC 4511.01(UU))

 

 

402.39 ROADWAY. 

"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, except the berm or shoulder. If a highway includes two or more separate roadways, the term "roadway" means any roadway separately, but not all the roadways collectively. (ORC 4511.01(EE))

 

402.395 RURAL MAIL DELIVERY VEHICLE. 

"Rural mail delivery vehicle" means every vehicle used to deliver United States mail on a rural mail delivery route. (ORC 4511.01(VV))

 

402.40 SAFETY ZONE

"Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and protected or marked or indicated by adequate signs so as to be plainly visible at all times. (ORC 4511.01(MM))

 

 

402.41 SCHOOL BUS

"School bus" means every bus designed for carrying more than nine passengers which is owned by a public, private, or governmental agency or institution of learning, and operated for the transportation of children to or from a school session or a school function, or owned by a private person and operated for compensation for the transportation of children to or from a school session or a school function; provided "school bus" does not include a bus operated by a municipally owned transportation system, a mass transit company operating exclusively within the territorial limits of a Municipality, or within such limits and the territorial limits of municipalities immediately contiguous to the Municipality, nor a common passenger carrier certified by the Public Utilities Commission unless the bus is devoted exclusively to the transportation of children to and from a school session or a school function, and "school bus" does not include a van or bus used by a licensed child day-care center or Type A family day-care home to transport children from the child day-care center or Type A family day-care home to a school if the van or bus does not have more than 15 children in the van or bus at any time. (ORC 4511.01(F))

 

402.42 SEMITRAILER

"Semitrailer" means every vehicle designed or used for carrying persons or property with another and separate motor vehicle so that in operation a part of its own weight or that of its load, or both, rests upon and is carried by another vehicle. (ORC 4511.01(N))

 

402.43 SIDEWALK

"Sidewalk" means that portion of a street between the curb lines, or the lateral line of a roadway, and the adjacent property lines, intended for the use of pedestrians. (ORC 4511.01(FF))

 

402.435 STATE HIGHWAY

"State highway" means a highway under the jurisdiction of the Department of Transportation, outside the limits of municipalities, provided that the authority conferred upon the Director of Transportation in Ohio R.C. 5511.01 to erect State highway route markers and signs directing traffic shall not be modified by Ohio R.C. 4511.01 through 4511.79 and 4511.99. (ORC 4511.01(II))

 

402.44 STATE ROUTE

"State route" means every highway which is designated with an official State route number and so marked. (ORC 4511.01(JJ))

 

402.45 STOP. 

"Stop," when required, means a complete cessation of movement.

 

402.46 STOP INTERSECTION

"Stop intersection" means any intersection at one or more entrances of which stop signs are erected. (ORC 4511.01(BBB))

 

402.47 STOPPING AND STANDING

"Stopping" and "standing," when prohibited, mean any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device.

 

402.48 STREET OR HIGHWAY

"Street" or "highway" means the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel. (ORC 4511.01(BB))

 

402.49 THROUGH STREET OR HIGHWAY

"Through street or highway" means every street or highway as provided in Ohio R.C. 4511.65, or a substantially equivalent municipal ordinance. (ORC 4511.01(HH))

 

402.50 THRUWAY

"Thruway" means a through street or highway whose entire roadway is reserved for through traffic and on which roadway parking is prohibited. (ORC 4511.01(AAA))

 

402.51 TRAFFIC

"Traffic" means pedestrians, ridden or herded animals, vehicles and other devices, either singly or together, while using any highway for purposes of travel. (ORC 4511.01(TT))

 

402.52 TRAFFIC-CONTROL DEVICES

"Traffic-control devices" means all flagpersons, signs, signals, markings, and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic, including signs denoting names of streets and highways. (ORC 4511.01(QQ))

 

402.53 TRAFFIC-CONTROL SIGNAL

"Traffic-control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop, to proceed, to change direction, or not to change direction. (ORC 4511.01(RR))

 

402.54 TRAILER

"Trailer" means every vehicle designed or used for carrying persons or property wholly on its own structure, and for being drawn by a motor vehicle, including any vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type, such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a street or highway at a speed greater than 25 miles per hour and a vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of more than ten miles or at a speed of more than 25 miles per hour. (ORC 4511.01(M))

 

402.55 TRUCK

"Truck" means every motor vehicle, except trailers and semitrailers, designed and used to carry property. (ORC 4511.01(K))

 

402.56 URBAN DISTRICT

"Urban district" means the territory contiguous to and including any street or highway which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of one-quarter of a mile or more, and the character of the territory is indicated by official traffic-control devices. (ORC 4511.01(PP))

 

402.57 VEHICLE

"Vehicle" means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that "vehicle" does not include any motorized wheelchair, any electric personal assistive mobility device, any device that is moved by power collected from overhead electric trolley wire or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power. (ORC 4511.01(A))

 

CHAPTER 404 Enforcement; Impounding

404.01 Police may remove ignition key. 
404.02 Resisting an enforcing official. 
404.03 Road workers, motor vehicles and equipment excepted. 
404.04 Emergency, public safety and coroners' vehicles excepted. 
404.05 Application to persons riding, driving animals upon roadway.
404.06 Application to drivers of government vehicles. 
404.07 Impounding of vehicles; redemption. 
404.08 Traffic direction in emergencies; obedience to school guards. 
404.09 Furnishing false information incident to traffic citation. 
404.99 Penalty.

CROSS REFERENCES

See section histories for similar State law Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.61 et seq. 
Burden of proof - see Ohio R.C. 2901.05 
Arrest without warrant for misdemeanor - see Ohio R.C. 2935.03 
Right of trial by jury - see Ohio R.C. 2945.17 Time within which hearing or trial must be held - see Ohio R.C. 2945.71 
Extension of time for hearing or trial - see Ohio R.C. 2945.72 
Discharge for delay in trial - see Ohio R.C. 2945.73 State point system suspension - see Ohio R.C. 4507.021 
Power of trial court of record to suspend license for certain violations - see Ohio R.C. 4510.05, 4510.15 
Uniform application of Ohio Traffic Law - see Ohio R.C. 4511.06 
Use of private property for vehicular travel - see Ohio R.C. 4511.08 
Authority of arresting officer when radar, electrical or mechanical timing device used - see Ohio R.C. 4511.091 
Marking motor vehicles used by traffic officers - see Ohio R.C. 4549.13 
Distinctive uniform required for traffic officers - see Ohio R.C. 4549.15 
Exceptions for emergency or public safety vehicles - see TRAF. 432.19, 434.07 
Suspension of riding privileges; impounding of bicycles - see TRAF. 444.10 
Parking violations waiver - see TRAF. 452.14 
Limitation on criminal prosecutions - see GEN. OFF. 606.06 
Failure to aid a law enforcement officer - see GEN. OFF. 608.05 
Obstructing official business - see GEN. OFF. 608.06 
Obstructing justice - see GEN. OFF. 608.07 
Resisting arrest - see GEN. OFF. 608.08 
Soliciting or receiving improper compensation - see GEN. OFF. 608.11
Dereliction of duty - see GEN. OFF. 608.12 
Disposition of unclaimed or forfeited property held by Police Department - see GEN. OFF. 608.16

Tourism Divider

 

404.01 POLICE MAY REMOVE IGNITION KEY

A law enforcement officer may remove the ignition key left in the ignition switch of an unlocked and unattended motor vehicle parked on a street or highway. The officer removing the key shall place notification upon the vehicle detailing his or her name and badge number, the place where the key may be reclaimed, and the procedure for reclaiming the key. The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership. (ORC 4549.05)

 

404.02 RESISTING AN ENFORCING OFFICIAL

(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 Traffic Code. No person shall interfere with any person charged under any provision of this Traffic Code with the enforcement of the law relative to public highways.
(b) Whoever violates this section is guilty of a minor misdemeanor. (ORC 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.

 

404.03 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED

(a) The provisions of this Traffic Code, except for  434.01, do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway within an area designated by traffic-control devices, but apply to those persons and vehicles when traveling to or from such work.
(b) The driver of a highway maintenance vehicle owned by this State or any political subdivision of this State, while the driver is engaged in the performance of official duties upon a street or highway, provided the highway maintenance vehicle is equipped with flashing lights and such other markings as are required by law and such lights are in operation when the driver and vehicle are so engaged, shall be exempt from criminal prosecution for violations of Ohio R.C. 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to 5577.09, and any substantially equivalent municipal ordinance.
(c)

(1) This section does not exempt a driver of a highway maintenance vehicle from civil liability arising from a violation of Ohio R.C. 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or Ohio R.C. 5577.01 to 5577.09, or any substantially equivalent municipal ordinance.

(2) This section does not exempt the driver of a vehicle that is engaged in the transport of highway maintenance equipment from criminal liability for a violation of Ohio R.C. 5577.01 to 5577.09, or any substantially equivalent municipal ordinance.

(d) As used in this section, "highway maintenance vehicle" means a vehicle used in snow and ice removal or road surface maintenance, including a snow plow, traffic line striper, road sweeper, mowing machine, asphalt distributing vehicle, or other such vehicle designed for use in specific highway maintenance activities. (ORC 4511.04)

 

404.04 EMERGENCY, PUBLIC SAFETY AND CORONERS' VEHICLES EXCEPTED

(a) The provisions of Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.15, 4511.202, 4511.21, 4511.211, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62, 4511.66, 4511.68, 4511.681, and 4511.69, and any substantially equivalent municipal ordinances, do not apply to the driver of an emergency vehicle or public safety vehicle if the emergency vehicle or public safety vehicle is responding to an emergency call, is equipped with and displaying at least one flashing, rotating, or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and if the driver of the vehicles is giving an audible signal by siren, exhaust whistle, or bell. This section does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway. (ORC 4511.041)
(b) The provisions of Ohio R.C. 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.35, 4511.36, 4511.37, 4511.38, and 4511.66, or any substantially equivalent municipal ordinances, do not apply to a coroner, deputy coroner or coroner's investigator operating a motor vehicle in accordance with Ohio R.C. 4513.171 or a substantially equivalent municipal ordinance. This division does not relieve a coroner, deputy coroner or coroner's investigator operating a motor vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway. (ORC 4511.042)

 

404.05 APPLICATION TO PERSONS RIDING, DRIVING ANIMALS UPON ROADWAY

Every person riding, driving, or leading an animal upon a roadway is subject to the provisions of this Traffic Code, applicable to the driver of a vehicle, except those provisions of this Traffic Code which by their nature are inapplicable. (ORC 4511.05)

 

404.06 APPLICATION TO DRIVERS OF GOVERNMENT VEHICLES.

The provisions of this Traffic Code applicable to the drivers of vehicles shall apply to the drivers of all vehicles owned or operated by the United States, any State or any political subdivision thereof, including this Municipality, except as may be otherwise provided by law and subject to such specific exceptions as are set forth with reference to authorized emergency and public safety vehicles.

 

404.07 IMPOUNDING OF VEHICLES; REDEMPTION

(a) Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances: 
(1) When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations; 
(2) When any motor vehicle, including an abandoned junk motor vehicle, as defined in Ohio R.C. 4513.63, is left on private residential property, as defined in Ohio R.C. 4513.60, or on private agricultural property, for at least four consecutive hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for 48 consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place, except that when such a motor vehicle constitutes an obstruction to traffic, it may be ordered into storage immediately; 
(3) When any vehicle has been stolen or operated without the consent of the owner; 
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates; 
(5) When any vehicle has been used in or connected with the commission of a felony; 
(6) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code whereby its continued operation would constitute a condition hazardous to life, limb or property; 
(7) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator; 
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision; 
(9) When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked; 
(10) When any vehicle is found for which two or more citation tags for violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
(b) Any vehicle removed under authority of division (a)(2) of this section shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(c) No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which has been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima facie evidence that it was so removed by the owner or operator.

 

404.08 TRAFFIC DIRECTION IN EMERGENCIES; OBEDIENCE TO SCHOOL GUARDS

(a) Police officers shall direct or regulate traffic in accordance with the provisions of this Traffic Code, provided that in the event of fire or other emergency or to expedite traffic or safeguard pedestrians, they are authorized to direct traffic as conditions may require notwithstanding the provisions of this Traffic Code. Firefighters, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. The direction of traffic may be by word or audible signal, by gesture or visible signal or by any combination thereof. No person shall fail to comply with any lawful order or direction of any police officer or firefighter issued pursuant to this section.
(b) No person shall fail to comply with any lawful order or direction of any school crossing guard invested with authority to direct, control or regulate traffic in the vicinity of the school to which such guard may be assigned.

 

404.09 FURNISHING FALSE INFORMATION INCIDENT TO TRAFFIC CITATION

(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. (ORC 4513.361)

 

404.99 PENALTY

(Editor's note: See  408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

 

CHAPTER 406 Traffic Control

406.01 Authority and considerations for placement of devices. 
406.02 Conformity with State Manual. 
406.03 Powers of designated person. 
406.04 Posting of signs and signals required. 
406.05 Designated person's powers not limited.
406.06 Records of designated person. 
406.07 Reservation of power to Council. 
406.08 Violations subject to general code penalty.

CROSS REFERENCES

Power to designate highway as a freeway, expressway or thruway - see Ohio R.C. 4511.011 
Uniform system of traffic-control devices - see Ohio R.C. 4511.09, 4511.11 
Placing and maintaining local traffic-control devices- see Ohio R.C. 4511.10, 4511.11 
Alteration of prima facie speed limits - see Ohio R.C. 4511.21, 4511.22, 4511.23 
Power to erect stop signs at grade crossings - see Ohio R.C. 4511.61 
Designation of through streets and erection of stop or yield signs - see Ohio R.C. 4511.65 
Traffic-control devices defined - see TRAF. 402.52

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406.01 AUTHORITY AND CONSIDERATIONS FOR PLACEMENT OF DEVICES

Council may designate a person to place and maintain traffic-control devices upon any street or highway under Municipal jurisdiction as are necessary to effectuate the provisions of this Traffic Code, or to regulate, warn or guide traffic, and such other traffic-control devices as such person shall deem necessary for the proper control of traffic. Such designated person shall determine the location, timing and coordination of such traffic-control devices upon the basis of an applicable engineering or traffic investigation and shall consider the following: 

(a) The maximum safety and protection of vehicular and pedestrian traffic from physical injury or property damage; 
(b) The existing and potential traffic movement, volume and conditions; 
(c) The location and frequency of accidents, including studies of remedial measures; 
(d) The recommendations of the Chief of Police and Fire Chief; 
(e) The acceleration of transportation of persons and property by vehicles so as to expedite travel and promote public safety; 
(f) The convenience and welfare of the general public in parking, standing, loading and unloading, and the use of the streets as affecting business concerns and places of assembly; and 
(g) Economy in the expenditure of money.

 

406.02 CONFORMITY WITH STATE MANUAL

All traffic-control devices placed pursuant to the provisions of this Traffic Code shall conform to the Ohio Manual and Specifications for a Uniform System of Traffic-Control Devices, as set forth in Ohio R.C.

 

406.03 POWERS OF DESIGNATED PERSON

The person designated by Council pursuant to 406.01 is hereby authorized to: 

(a) Designate any street or highway as a through street or highway and require that all vehicles stop or yield the right-of-way as may be required before entering the same; 
(b) Designate any intersection as a stop intersection and require all vehicles to stop at one or more entrances to such intersection; 
(c) Designate any intersection as a yield intersection and require all vehicles to yield the right-of-way as required; 
(d) Designate any street as a one-way street and require that all vehicles thereon be moved in one specific direction; 
(e) Designate and mark lanes to be used by traffic moving in a particular direction regardless of the centerline of the roadway; 
(f) Erect signs directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction; 
(g) Designate those portions of any street, where overtaking and passing other traffic or driving to the left of the center or centerline of the roadway would be especially hazardous, by appropriate signs or markings on the street to indicate the beginning and end of such zones. Such zones may be marked by an auxiliary yellow line placed parallel and to the right of the normal centerline or offset marked lane line; 
(h) Place markers, buttons or signs within or adjacent to intersections and require that a specific course of direction be traveled by vehicles proceeding in lanes by either permitting, prohibiting or requiring turns at such intersections; 
(i) Install traffic-control devices, signals and signs at any location to regulate traffic; 
(j) Establish safety zones, crosswalks, zones of quiet and play streets; 
(k) Close any street or portion thereof to vehicular traffic which is in the process of construction, reconstruction or repair; 
(l) Determine the location of any necessary bus stops and taxicab stands; 
(m) Determine the location and limiting hours of truck loading zones; 
(n) Designate dangerous railroad crossings and erect stop signs thereat; 
(o) Erect "No U-Turn" signs at any location to prohibit a vehicle from being turned so as to proceed in the opposite direction; 
(p) Regulate or prohibit the stopping, standing and parking of vehicles on streets, alleys or public property by erecting signs plainly indicating the prohibitions, restrictions or limitations; and 
(q) Designate individual parking spaces by markings, which may either be parallel or at a prescribed angle to the curb or edge of the roadway.

406.04 POSTING OF SIGNS AND SIGNALS REQUIRED

No provision of this chapter shall be effective until signs, signals, markings or other devices giving notice of such local traffic regulations are posted upon or at the entrance to the street or part thereof affected, as may be most appropriate, so that in a proper position they are sufficiently legible to be seen by an ordinarily observant person.

 

406.05 DESIGNATED PERSON'S POWERS NOT LIMITED

The powers of the person designated by Council pursuant to 406.01 shall not be limited by the specific enumeration of subjects contained in this chapter.

 

406.06 RECORDS OF DESIGNATED PERSON.

 The person designated by Council pursuant to  406.01 shall keep a record of all rules, regulations and proceedings promulgated in connection with this chapter.

 

406.07 RESERVATION OF POWER TO COUNCIL

Notwithstanding the provisions of this chapter, Council may override any decision of the person designated by Council pursuant to 406.01 and may assume any of the powers delegated to such person, by a resolution adopted by a vote of a majority of the members duly elected thereto. Upon the adoption of any such resolution, the same may be changed only by an amending or repealing resolution adopted by Council.

 

406.08 VIOLATIONS SUBJECT TO GENERAL CODE PENALTY

Any person violating the rules and regulations promulgated in connection with this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties provided for in 408.01 and 408.02.

 

 

CHAPTER 408 Penalties

408.01 Penalties for misdemeanor. 
408.02 General code penalty.
408.03 Suspension of driver's license.

CROSS REFERENCES

See section histories for similar State law Definition of "imprisoned" - see Ohio R.C. 1.05 
Satisfaction of fine; credit for time served - see Ohio R.C. 2947.14 
Criteria for probation; conditions for probation - see Ohio R.C. 2951.02 
Definition of "dangerous offender" - see GEN. OFF. 698.01 
Definition of "repeat offender" - see GEN. OFF. 698.01 
Imposing sentence for misdemeanor - see GEN. OFF. 698.03 
Organizational penalties - see GEN. OFF. 698.04 
Multiple sentences - see GEN. OFF. 698.05

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408.01 PENALTIES FOR MISDEMEANOR

Whoever is convicted of or pleads guilty to a misdemeanor, or minor misdemeanor shall be sentenced in accordance with 698.02.

408.02 GENERAL CODE PENALTY

Whoever violates any provision of this Traffic Code for which no penalty otherwise is provided in the section violated is guilty of one of the following: 

(a) Except as otherwise provided in division (b) or (c) of this section, a minor misdemeanor; 
(b) 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, a misdemeanor of the fourth degree; 
(c) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree. (ORC 4511.99)

 

408.03 SUSPENSION OF DRIVER'S LICENSE.

Except as otherwise provided in Ohio R.C. 4510.07 or in any other provision of the Revised Code, whenever an offender is convicted of or pleads guilty to a violation of any provision of this Traffic Code that is substantially equivalent to a provision of the Revised Code, and a court is permitted or required to suspend a person's driver's or commercial driver's license or permit for a violation of that provision, a court, in addition to any other penalties authorized by law, may suspend the offender's driver's or commercial driver's license or permit or nonresident operating privilege for the period of time the court determines appropriate, but the period of suspension imposed for the violation of the provision of this Traffic Code shall not exceed the period of suspension that is permitted or required to be imposed for the violation of the provision of the Revised Code to which the provision of this Traffic Code is substantially equivalent. (ORC 4510.05)

 
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