Sec. 4511.21. (A) No person shall operate a motor
vehicle, | 7 |
trackless trolley, or streetcar at a speed greater or
less than is | 8 |
reasonable or proper, having due regard to the
traffic, surface, | 9 |
and width of the street or highway and any
other conditions, and | 10 |
no person shall drive any motor vehicle,
trackless trolley, or | 11 |
streetcar in and upon any street or highway
at a greater speed | 12 |
than will permit the person to bring it
to a stop within the | 13 |
assured clear distance ahead. | 14 |
(1)(a) Twenty miles per hour in school zones during school | 20 |
recess and while children are going to or leaving school during | 21 |
the opening or closing hours, and when twenty miles per hour | 22 |
school speed limit signs are erected; except that, on | 23 |
controlled-access highways and expressways, if the right-of-way | 24 |
line fence has been erected without pedestrian opening, the speed | 25 |
shall be governed by division (B)(4) of this section and on | 26 |
freeways, if the right-of-way line fence has been erected without | 27 |
pedestrian opening, the speed shall be governed by divisions | 28 |
(B)(9) and (10) of this section. The end of every school zone may | 29 |
be marked by a sign indicating the end of the zone. Nothing in | 30 |
this section or in the manual and specifications for a uniform | 31 |
system of traffic control devices shall be construed to require | 32 |
school zones to be indicated by signs equipped with flashing or | 33 |
other lights, or giving other special notice of the hours in
which | 34 |
the school zone speed limit is in effect. | 35 |
(b) As used in this section and in section 4511.212 of the | 36 |
Revised Code, "school" means any school chartered under section | 37 |
3301.16 of the Revised Code and any nonchartered school that | 38 |
during the preceding year filed with the department of education | 39 |
in compliance with rule 3301-35-08 of the Ohio Administrative | 40 |
Code, a copy of the school's report for the parents of the | 41 |
school's pupils certifying that the school meets Ohio minimum | 42 |
standards for nonchartered, nontax-supported schools and presents | 43 |
evidence of this filing to the jurisdiction from which it is | 44 |
requesting the establishment of a school zone. "School" also | 45 |
includes a special elementary school that in writing requests the | 46 |
county engineer of the county in which the special elementary | 47 |
school is located to create a school zone at the location of that | 48 |
school. Upon receipt of such a written request, the county | 49 |
engineer shall create a school zone at that location by erecting | 50 |
the appropriate signs. | 51 |
(c) As used in this section, "school zone" means that
portion | 52 |
of a street or highway passing a school fronting upon the
street | 53 |
or highway that is encompassed by projecting the school
property | 54 |
lines to the fronting street or highway, and also
includes that | 55 |
portion of a state highway. Upon request from
local
authorities | 56 |
for streets and highways under their
jurisdiction and
that portion | 57 |
of a state highway under the
jurisdiction of the
director of | 58 |
transportation or a request from a county engineer in the case of | 59 |
a school zone for a special elementary school, the director may | 60 |
extend the
traditional school zone boundaries. The distances in | 61 |
divisions
(B)(1)(c)(i), (ii), and (iii) of this section shall not | 62 |
exceed
three hundred feet per approach per direction and are | 63 |
bounded by
whichever of the following distances or combinations | 64 |
thereof the
director approves as most appropriate: | 65 |
The director may, upon request by resolution of the | 84 |
legislative authority of a municipal corporation, the board of | 85 |
trustees of a township, or a county board of mental retardation | 86 |
and developmental disabilities created pursuant to Chapter 5126. | 87 |
of the Revised Code, and upon submission by the municipal | 88 |
corporation, township, or county board of such engineering, | 89 |
traffic, and other information as the director considers | 90 |
necessary, designate a school zone on any portion of a state
route | 91 |
lying within the municipal corporation, lying within the | 92 |
unincorporated territory of the township, or lying adjacent to
the | 93 |
property of a school that is operated by such county board,
that | 94 |
includes a crosswalk customarily used by children going to
or | 95 |
leaving a school during recess and opening and closing hours, | 96 |
whenever the distance, as measured in a straight line, from the | 97 |
school property line nearest the crosswalk to the nearest point
of | 98 |
the crosswalk is no more than one thousand three hundred
twenty | 99 |
feet. Such a school zone shall include the distance
encompassed
by | 100 |
the crosswalk and extending three hundred feet on
each approach | 101 |
direction of the state route. | 102 |
(11) Fifty-five miles per hour at all times on all
portions | 145 |
of freeways that are part of the interstate system and on all | 146 |
portions
of freeways
that are not part of the
interstate system, | 147 |
but are built to the standards and specifications that are | 148 |
applicable to freeways that are part of the interstate system
for | 149 |
operators of any motor vehicle
weighing in excess of eight | 150 |
thousand pounds empty weight and any
noncommercial bus, except as | 151 |
provided in division (B)(14) of this section; | 152 |
(12) Fifty-five miles per hour for operators of any motor | 153 |
vehicle
weighing eight thousand pounds or less empty weight and | 154 |
any commercial bus at
all times on all portions of freeways that | 155 |
are part of the interstate system
and that had such a speed limit | 156 |
established prior to
October 1, 1995, and freeways that are not | 157 |
part of the interstate system, but are built to the standards and | 158 |
specifications that are applicable to freeways that are part of | 159 |
the interstate
system and that had such a speed limit established | 160 |
prior to
October 1, 1995, unless a higher speed limit
is | 161 |
established under division (L) of this
section; | 162 |
(C) It is prima-facie unlawful for any person to exceed
any | 193 |
of the speed limitations in divisions (B)(1)(a), (2), (3),
(4), | 194 |
(6), (7), and (8) of this section, or any declared or established | 195 |
pursuant to
this
section by the director or local authorities and | 196 |
it is
unlawful
for any person to exceed any of the speed | 197 |
limitations
in
division
(D) of this section. No person shall be | 198 |
convicted of
more
than
one violation of this section for the same | 199 |
conduct,
although
violations of more than one provision of this | 200 |
section
may be
charged in the alternative in a single affidavit. | 201 |
(E) In every charge of violation of this section the | 226 |
affidavit and warrant shall specify the time, place, and speed at | 227 |
which the defendant is alleged to have driven, and in charges
made | 228 |
in reliance upon division (C) of this section also the speed
which | 229 |
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a
limit | 230 |
declared or established pursuant to, this section declares is | 231 |
prima-facie
lawful
at the time and place of such alleged | 232 |
violation, except
that in
affidavits where a person is alleged to | 233 |
have driven at a
greater
speed than will permit the person to | 234 |
bring the
vehicle to a stop
within the assured clear distance | 235 |
ahead the affidavit and warrant
need not specify the speed at | 236 |
which the defendant is alleged to
have driven. | 237 |
(F) When a speed in excess of both a prima-facie
limitation | 238 |
and a limitation in division (D)(1), (2),
(3), (4), (5), or (6) of | 239 |
this
section is alleged, the defendant shall be charged in a | 240 |
single
affidavit, alleging a single act, with a violation | 241 |
indicated of
both division (B)(1)(a), (2), (3), (4), (6), (7), or | 242 |
(8)
of this
section, or of a limit declared or established | 243 |
pursuant to this
section
by the
director or local authorities, | 244 |
and of the
limitation in
division
(D)(1), (2), (3), (4), (5),
or | 245 |
(6) of this
section. If
the court finds a violation of
division | 246 |
(B)(1)(a),
(2), (3), (4),
(6), (7), or (8) of, or a limit | 247 |
declared or established pursuant
to, this section has
occurred, | 248 |
it shall enter a
judgment of
conviction under such
division and | 249 |
dismiss the charge
under
division (D)(1), (2), (3),
(4), (5), or | 250 |
(6) of this section. If it
finds no
violation of
division | 251 |
(B)(1)(a), (2), (3), (4), (6), (7),
or (8) of,
or a limit | 252 |
declared or established pursuant to, this section, it shall
then | 253 |
consider whether
the evidence supports a conviction under
division | 254 |
(D)(1), (2),
(3), (4),
(5), or (6) of this section. | 255 |
(H) Whenever the director determines
upon the basis of a | 259 |
geometric and traffic
characteristic study that
any speed limit | 260 |
set forth in divisions (B)(1)(a) to (D) of this
section is greater | 261 |
or less than is reasonable or safe under the
conditions found to | 262 |
exist at any portion of a street or highway under the
jurisdiction | 263 |
of the director, the director shall determine and
declare a | 264 |
reasonable and safe prima-facie speed limit, which
shall be | 265 |
effective when appropriate signs giving notice of it are
erected | 266 |
at the
location. | 267 |
(I)(1) Except as provided in divisions
(I)(2) and (K) of
this | 268 |
section,
whenever local authorities determine upon the basis
of an | 269 |
engineering and traffic investigation that the speed
permitted by | 270 |
divisions (B)(1)(a) to (D) of this section, on any
part of a | 271 |
highway under their jurisdiction, is greater than is
reasonable | 272 |
and safe under the conditions found to exist at such
location,
the | 273 |
local authorities may by resolution request the
director to | 274 |
determine and declare a reasonable and safe
prima-facie speed | 275 |
limit. Upon receipt of such request the
director may determine
and | 276 |
declare a reasonable and safe
prima-facie speed limit at such | 277 |
location, and if the director does
so, then such declared speed | 278 |
limit shall become effective only
when appropriate signs giving | 279 |
notice thereof are erected at such
location by the local | 280 |
authorities. The director may withdraw the
declaration of
a | 281 |
prima-facie speed limit whenever in the
director's opinion
the | 282 |
altered
prima-facie speed becomes
unreasonable. Upon
such | 283 |
withdrawal,
the declared prima-facie
speed shall become | 284 |
ineffective and the
signs relating thereto
shall be immediately | 285 |
removed by the local
authorities. | 286 |
(2) A local authority may determine on the basis of a | 287 |
geometric
and traffic characteristic study that the speed limit of | 288 |
sixty-five miles per
hour on a portion of a freeway under its | 289 |
jurisdiction that was established
through the operation of | 290 |
division (L)(3) of
this section is greater than is reasonable or | 291 |
safe under the conditions found
to exist at that portion of the | 292 |
freeway. If the local authority makes such a
determination, the | 293 |
local authority by resolution may request the director to | 294 |
determine and declare a reasonable and safe speed limit of not | 295 |
less than
fifty-five miles per hour for that portion of the | 296 |
freeway. If the director
takes such action, the declared speed | 297 |
limit becomes effective only when
appropriate signs giving notice | 298 |
of it are erected at such location by the
local authority. | 299 |
(J) Local authorities in their respective jurisdictions
may | 300 |
authorize by ordinance higher prima-facie speeds than those
stated | 301 |
in this section upon through highways, or upon highways or | 302 |
portions thereof where there are no intersections, or between | 303 |
widely spaced intersections, provided signs are erected giving | 304 |
notice of the authorized speed, but local authorities shall not | 305 |
modify or alter the basic rule set forth in division (A) of this | 306 |
section or in any event authorize by ordinance a speed in excess | 307 |
of fifty miles per hour. | 308 |
Alteration of prima-facie limits on state routes by local | 309 |
authorities shall not be effective until the alteration has been | 310 |
approved by the director. The director may withdraw approval
of | 311 |
any altered prima-facie speed limits whenever in the
director's | 312 |
opinion
any altered prima-facie speed becomes unreasonable, and | 313 |
upon such
withdrawal, the altered prima-facie speed shall become | 314 |
ineffective and the signs relating thereto shall be immediately | 315 |
removed by the local authorities. | 316 |
(2) Except as otherwise provided in divisions (K)(4) and
(5) | 323 |
of this section, whenever a board of township trustees
determines | 324 |
upon the basis of an engineering and traffic
investigation that | 325 |
the speed permitted by division (B)(5) of this
section on any part | 326 |
of an unimproved highway under its
jurisdiction and in the | 327 |
unincorporated territory of the township
is greater than is | 328 |
reasonable or safe under the conditions found
to exist at the | 329 |
location, the board may by resolution declare a
reasonable and | 330 |
safe prima-facie speed limit of fifty-five but not
less than | 331 |
twenty-five miles per hour. An altered speed limit
adopted by a | 332 |
board of township trustees under this division
becomes effective | 333 |
when appropriate traffic control devices, as
prescribed in section | 334 |
4511.11 of the Revised Code, giving notice
thereof are erected at | 335 |
the location, which shall be no sooner
than sixty days after | 336 |
adoption of the resolution. | 337 |
(3)(a) Whenever, in the opinion of a board of township | 338 |
trustees, any altered prima-facie speed limit established by the | 339 |
board under this division becomes unreasonable, the board may | 340 |
adopt a resolution withdrawing the altered prima-facie speed | 341 |
limit. Upon the adoption of such a resolution, the altered | 342 |
prima-facie speed limit becomes ineffective and the traffic | 343 |
control devices relating thereto shall be immediately removed. | 344 |
(b) Whenever a highway ceases to be an unimproved highway
and | 345 |
the board has adopted an altered prima-facie speed limit
pursuant | 346 |
to division (K)(2) of this section, the board shall, by | 347 |
resolution, withdraw the altered prima-facie speed limit as soon | 348 |
as the highway ceases to be unimproved. Upon the adoption of
such | 349 |
a resolution, the altered prima-facie speed limit becomes | 350 |
ineffective and the traffic control devices relating thereto
shall | 351 |
be immediately removed. | 352 |
(4)(a) If the boundary of two townships rests on the | 353 |
centerline of an unimproved highway in unincorporated territory | 354 |
and both townships have jurisdiction over the highway, neither of | 355 |
the boards of township trustees of such townships may declare an | 356 |
altered prima-facie speed limit pursuant to division (K)(2) of | 357 |
this section on the part of the highway under their joint | 358 |
jurisdiction unless the boards of township trustees of both of
the | 359 |
townships determine, upon the basis of an engineering and
traffic | 360 |
investigation, that the speed permitted by division
(B)(5) of this | 361 |
section is greater than is reasonable or safe
under the conditions | 362 |
found to exist at the location and both
boards agree upon a | 363 |
reasonable and safe prima-facie speed limit
of less than | 364 |
fifty-five but not less than twenty-five miles per
hour for that | 365 |
location. If both boards so agree, each shall
follow the
procedure | 366 |
specified in division (K)(2) of this section
for
altering the | 367 |
prima-facie speed limit on the highway. Except
as
otherwise | 368 |
provided in division (K)(4)(b) of this section, no
speed
limit | 369 |
altered pursuant to division (K)(4)(a) of this
section may
be | 370 |
withdrawn unless the boards of township trustees
of both
townships | 371 |
determine that the altered prima-facie speed
limit
previously | 372 |
adopted becomes unreasonable and each board
adopts a
resolution | 373 |
withdrawing the altered prima-facie speed
limit
pursuant to the | 374 |
procedure specified in division (K)(3)(a)
of this
section. | 375 |
(b) Whenever a highway described in division (K)(4)(a) of | 376 |
this section ceases to be an unimproved highway and two boards of | 377 |
township trustees have adopted an altered prima-facie speed limit | 378 |
pursuant to division (K)(4)(a) of this section, both boards
shall, | 379 |
by resolution, withdraw the altered prima-facie speed
limit as | 380 |
soon as the highway ceases to be unimproved. Upon the
adoption of | 381 |
the resolution, the altered prima-facie speed limit
becomes | 382 |
ineffective and the traffic control devices relating
thereto shall | 383 |
be immediately removed. | 384 |
(a) "Commercial subdivision" means any platted territory | 386 |
outside the limits of a municipal corporation and fronting a | 387 |
highway where, for a distance of three hundred feet or more, the | 388 |
frontage is improved with buildings in use for commercial | 389 |
purposes, or where the entire length of the highway is less than | 390 |
three hundred feet long and the frontage is improved with | 391 |
buildings in use for commercial purposes. | 392 |
(b) "Residential subdivision" means any platted territory | 393 |
outside the limits of a municipal corporation and fronting a | 394 |
highway, where, for a distance of three hundred feet or more, the | 395 |
frontage is improved with residences or residences and buildings | 396 |
in use for business, or where the entire length of the highway is | 397 |
less than three hundred feet long and the frontage is improved | 398 |
with residences or residences and buildings in use for business. | 399 |
Whenever a board of township trustees finds upon the basis
of | 400 |
an engineering and traffic investigation that the prima-facie | 401 |
speed permitted by division (B)(5) of this section on any part of | 402 |
a highway under its jurisdiction that is located in a commercial | 403 |
or residential subdivision, except on highways or portions
thereof | 404 |
at the entrances to which vehicular traffic from the
majority of | 405 |
intersecting highways is required to yield the
right-of-way to | 406 |
vehicles on such highways in obedience to stop or
yield signs or | 407 |
traffic control signals, is greater than is
reasonable and safe | 408 |
under the conditions found to exist at the
location, the board may | 409 |
by resolution declare a reasonable and
safe prima-facie speed | 410 |
limit of less than fifty-five but not less
than twenty-five miles | 411 |
per hour at the location. An altered
speed limit adopted by a | 412 |
board of township trustees under this
division shall become | 413 |
effective when appropriate signs giving
notice thereof are erected | 414 |
at the location by the township.
Whenever, in the opinion of a | 415 |
board of township trustees, any
altered prima-facie speed limit | 416 |
established by it under this
division becomes unreasonable, it may | 417 |
adopt a resolution
withdrawing the altered prima-facie speed, and | 418 |
upon such
withdrawal, the altered prima-facie speed shall become | 419 |
ineffective, and the signs relating thereto shall be immediately | 420 |
removed by the township. | 421 |
(L)(1) Within one
hundred twenty days of
February 29, 1996, | 422 |
the director of
transportation, based upon a
geometric and traffic | 423 |
characteristic
study of a
freeway that is
part of the interstate | 424 |
system or that
is not part of the
interstate system, but is built | 425 |
to the
standards and
specifications that are
applicable to | 426 |
freeways that
are part of
the interstate system, in consultation | 427 |
with the
director of public
safety and, if applicable, the local | 428 |
authority
having jurisdiction
over a portion of such freeway, may | 429 |
determine
and declare
that the
speed limit of less than sixty-five | 430 |
miles per
hour established on
such
freeway or portion of freeway | 431 |
either is
reasonable and safe
or is less than
that which is | 432 |
reasonable and
safe. | 433 |
(2) If the established speed limit for such a freeway or | 434 |
portion of
freeway is determined to be less than that which is | 435 |
reasonable and safe, the
director of transportation, in | 436 |
consultation with the director of public safety
and, if | 437 |
applicable, the local authority having jurisdiction over the | 438 |
portion
of
freeway, shall determine and declare a reasonable and | 439 |
safe speed limit of not
more than sixty-five miles per hour for | 440 |
that freeway or portion of freeway. | 441 |
(3) If, within one hundred twenty days of
February 29,
1996, | 448 |
the director of
transportation does not make a
determination
and | 449 |
declaration of a
reasonable and safe speed limit
for a freeway
or | 450 |
portion of
freeway that is part of the interstate
system or
that | 451 |
is not part
of the
interstate system, but is built
to the | 452 |
standards and
specifications that are
applicable to
freeways that | 453 |
are part of
the interstate system and that has a
speed limit of | 454 |
less than
sixty-five miles per hour, the speed
limit on that | 455 |
freeway or
portion of a freeway shall be sixty-five
miles per | 456 |
hour. The
director of transportation or local authority
having | 457 |
jurisdiction
over the
freeway or portion of the freeway
shall | 458 |
erect appropriate
signs giving notice
of the speed limit of | 459 |
sixty-five miles per
hour at such location within one
hundred | 460 |
fifty days of
February 29, 1996. Such speed
limit
becomes | 461 |
effective only when such signs are erected at the
location. A | 462 |
speed
limit established through the operation of
division
(L)(3) | 463 |
of this section is subject to reduction
under
division (I)(2) of | 464 |
this section. | 465 |
(M) Within three hundred sixty days
after
February 29,
1996, | 466 |
the director of
transportation,
based upon a
geometric and
traffic | 467 |
characteristic
study of a rural, divided,
multi-lane
highway that | 468 |
has been
designated as part of the
national highway
system under | 469 |
the
"National
Highway
System
Designation
Act of
1995," 109
Stat. | 470 |
568,
23
U.S.C.A.
103, in
consultation with the
director of public | 471 |
safety and, if
applicable,
the
local authority
having jurisdiction | 472 |
over a portion
of the highway, may
determine
and declare that the | 473 |
speed limit of
less than sixty-five miles per
hour established on | 474 |
the highway or
portion of highway either is
reasonable and
safe or | 475 |
is less than
that which is reasonable and
safe. | 476 |
If the established speed limit for the highway or portion of | 477 |
highway is
determined to be less than that which is reasonable and | 478 |
safe, the director of
transportation, in consultation with the | 479 |
director of public safety and, if
applicable, the local authority | 480 |
having jurisdiction over the portion of
highway, shall determine | 481 |
and declare a reasonable and safe speed limit of not
more than | 482 |
sixty-five miles per hour for that highway or portion of highway.
| 483 |
The director of transportation or local authority having | 484 |
jurisdiction over the
highway or portion of highway shall erect | 485 |
appropriate signs giving notice of
the speed limit at such | 486 |
location within three hundred ninety days after
February 29,
1996. | 487 |
The speed limit becomes
effective only when
such signs are
erected | 488 |
at the location. | 489 |
(2) Neither local authority may declare an altered | 502 |
prima-facie speed limit pursuant to this section on the part of | 503 |
the highway under their joint jurisdiction unless both of the | 504 |
local authorities determine, upon the basis of an engineering and | 505 |
traffic investigation, that the speed permitted by this section is | 506 |
greater than is reasonable or safe under the conditions found to | 507 |
exist at the location and both authorities agree upon a uniform | 508 |
reasonable and safe prima-facie speed limit of less than | 509 |
fifty-five but not less than twenty-five miles per hour for that | 510 |
location. If both authorities so agree, each shall follow the | 511 |
procedure specified in this section for altering the prima-facie | 512 |
speed limit on the highway, and the speed limit for the part of | 513 |
the highway within their joint jurisdiction shall be uniformly | 514 |
altered. No altered speed limit may be withdrawn unless both local | 515 |
authorities determine that the altered prima-facie speed limit | 516 |
previously adopted becomes unreasonable and each adopts a | 517 |
resolution withdrawing the altered prima-facie speed limit | 518 |
pursuant to the procedure specified in this section. | 519 |
(2) If the offender has not previously been convicted of or | 545 |
pleaded guilty
to a violation of any provision of this section or | 546 |
of any provision of a
municipal ordinance that is substantially | 547 |
similar to this section and operated
a motor vehicle faster than | 548 |
thirty-five
miles an hour in a business district of a municipal | 549 |
corporation,
faster than fifty miles an hour in other portions of | 550 |
a municipal
corporation, or faster than thirty-five miles an hour | 551 |
in a school
zone during recess or while children are going to or | 552 |
leaving
school during the school's opening or closing hours, a | 553 |
misdemeanor of the
fourth degree. | 554 |
(3) Notwithstanding division (P)(1) of this section, if
the | 555 |
offender operated a motor vehicle in a construction
zone where
a | 556 |
sign was then posted in accordance with section
4511.98 of the | 557 |
Revised Code, the court, in addition to all
other
penalties | 558 |
provided by law, shall impose upon the offender a fine of two | 559 |
times
the usual amount
imposed for the violation. No court shall | 560 |
impose a
fine of two times the usual amount imposed for the | 561 |
violation upon
an offender if the offender alleges, in an | 562 |
affidavit filed with the court
prior to the offender's sentencing, | 563 |
that the offender is indigent
and is unable to pay the fine | 564 |
imposed pursuant to this division
and if the court determines that | 565 |
the offender is an indigent person
and unable to pay the fine. | 566 |