Section 1. That sections 3781.111, 4510.31, 4511.01, | 9 |
4511.041, 4511.09, 4511.102, 4511.103, 4511.105, 4511.106, | 10 |
4511.11, 4511.13, 4511.131, 4511.14, 4511.37, 4511.69, and 4955.33 | 11 |
of the Revised Code be amended to read as follows: | 12 |
Sec. 3781.111. (A) In addition to the powers conferred by | 13 |
any other section of the Revised Code, the board of building | 14 |
standards shall adopt standards and rules to facilitate the | 15 |
reasonable access and use by all persons with a disability of all | 16 |
buildings and the facilities of buildings for which plans are | 17 |
submitted for approval under section 3791.04 of the Revised Code. | 18 |
No standard or rule shall be applied to any building the plans or | 19 |
drawings, specifications, and date of which have been approved | 20 |
prior to the time that the standard or rule takes effect. | 21 |
(B)(1) Except as otherwise provided in this section, the | 22 |
standards and rules adopted by the board pursuant to this section | 23 |
shall be in accordance with the "Americans with Disabilities Act | 24 |
of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, and the | 25 |
"Fair Housing Amendments Act of 1988," 102 Stat. 1619, 42 U.S.C.A. | 26 |
3601, as amended. | 27 |
(C) All signs posted to designate special parking locations | 34 |
for persons with a disability and persons with disabilities that | 35 |
limit or impair the ability to walk in accordance with division | 36 |
(E) of section 4511.69 of the Revised Code and the standards and | 37 |
rules adopted pursuant to this section shall be mounted on a fixed | 38 |
or movable post or otherwise affixed in a vertical position
at a | 39 |
height so that the distance from the ground to the bottom edge of | 40 |
the sign is clearly visible to the driver of a vehicle when parked | 41 |
in such a locationmeasures not less than five feet. If a new sign | 42 |
or a replacement sign designating a special parking location is | 43 |
posted on or after October 14, 1999, there also shall be affixed | 44 |
upon the surface of that sign or affixed next to the designating | 45 |
sign a notice that states the fine applicable for the offense of | 46 |
parking a motor vehicle in the special designated parking location | 47 |
if the motor vehicle is not legally entitled to be parked in that | 48 |
location. | 49 |
Sec. 4510.31. (A)(1) Except as provided in division (C) of | 67 |
this section, the registrar of motor vehicles shall suspend the | 68 |
probationary driver's license, restricted license, or temporary | 69 |
instruction permit issued to any person when the person has been | 70 |
convicted of, pleaded guilty to, or been adjudicated in juvenile | 71 |
court of having committed, prior to the person's eighteenth | 72 |
birthday, any of the following: | 73 |
(a) Three separate violations of section 2903.06, 2903.08, | 74 |
2921.331, 4511.12, 4511.13,
4511.15, 4511.191, 4511.20, 4511.201, | 75 |
4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 | 76 |
to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised | 77 |
Code, section 4510.14 of the Revised Code involving a suspension | 78 |
imposed under section 4511.191 or 4511.196 of the Revised Code, | 79 |
section 2903.04 of the Revised Code in a case in which the person | 80 |
would have been subject to the sanctions described in division (D) | 81 |
of that section had the person been convicted of the violation of | 82 |
that section, former section 2903.07 of the Revised Code, or any | 83 |
municipal ordinances similarly relating to the offenses referred | 84 |
to in those sections; | 85 |
(2) Any person whose license or permit is suspended under | 92 |
division (A)(1)(a), (b), or (c) of this section shall mail or | 93 |
deliver the person's probationary driver's license, restricted | 94 |
license, or temporary instruction permit to the registrar within | 95 |
fourteen days of notification of the suspension. The registrar | 96 |
shall retain the license or permit during the period of the | 97 |
suspension. A suspension pursuant to division (A)(1)(a) of this | 98 |
section shall be a class C suspension, a suspension pursuant to | 99 |
division (A)(1)(b) of this section shall be a class D suspension, | 100 |
and a suspension pursuant to division (A)(1)(c) of this section | 101 |
shall be a class E suspension, all for the periods of time | 102 |
specified in division (B) of section 4510.02 of the Revised Code. | 103 |
If the person's probationary driver's license, restricted license, | 104 |
or temporary instruction permit is under suspension on the date | 105 |
the court imposes sentence upon the person for a violation | 106 |
described in division (A)(1)(b) of this section, the suspension | 107 |
shall take effect on the next day immediately following the end of | 108 |
that period of suspension. If the person is sixteen years of age | 109 |
or older and pleads guilty to or is convicted of a violation | 110 |
described in division (A)(1)(b) of this section and the person | 111 |
does not have a current, valid probationary driver's license, | 112 |
restricted license, or temporary instruction permit, the registrar | 113 |
shall deny the issuance to the person of a probationary driver's | 114 |
license, restricted license, driver's license, commercial driver's | 115 |
license, or temporary instruction permit, as the case may be, for | 116 |
six months beginning on the date the court imposes sentence upon | 117 |
the person for the violation. If the person has not attained the | 118 |
age of sixteen years on the date the court imposes sentence upon | 119 |
the person for the violation, the period of denial shall commence | 120 |
on the date the person attains the age of sixteen years. | 121 |
(B) The registrar also shall impose a class D suspension for | 126 |
the period of time specified in division (B)(4) of section 4510.02 | 127 |
of the Revised Code of the temporary instruction permit or | 128 |
probationary driver's license of any person under the age of | 129 |
eighteen who has been adjudicated an unruly child, delinquent | 130 |
child, or juvenile traffic offender for having committed any act | 131 |
that if committed by an adult would be a drug abuse offense or a | 132 |
violation of division (B) of section 2917.11 of the Revised Code. | 133 |
The registrar, in the registrar's discretion, may terminate the | 134 |
suspension if the child, at the discretion of the court, attends | 135 |
and satisfactorily completes a drug abuse or alcohol abuse | 136 |
education, intervention, or treatment program specified by the | 137 |
court. Any person whose temporary instruction permit or | 138 |
probationary driver's license is suspended under this division | 139 |
shall mail or deliver the person's permit or license to the | 140 |
registrar within fourteen days of notification of the suspension. | 141 |
The registrar shall retain the permit or license during the period | 142 |
of the suspension. | 143 |
(C)(1) Except as provided in division (C)(3) of this section, | 144 |
for any person who is convicted of, pleads guilty to, or is | 145 |
adjudicated in juvenile court of having committed a second or | 146 |
third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to | 147 |
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or | 148 |
4511.75 of the Revised Code or any similar municipal ordinances | 149 |
and whose license or permit is suspended under division (A)(1)(a) | 150 |
or (c) of this section, the court in which the second or third | 151 |
conviction, finding, plea, or adjudication resulting in the | 152 |
suspension was made, upon petition of the person, may grant the | 153 |
person limited driving privileges during the period during which | 154 |
the suspension otherwise would be imposed under division (A)(1)(a) | 155 |
or (c) of this section if the court finds reasonable cause to | 156 |
believe that the suspension will seriously affect the person's | 157 |
ability to continue in employment, educational training, | 158 |
vocational training, or treatment. In granting the limited driving | 159 |
privileges, the court shall specify the purposes, times, and | 160 |
places of the privileges and may impose any other conditions upon | 161 |
the person's driving a motor vehicle that the court considers | 162 |
reasonable and necessary. | 163 |
A court that grants limited driving privileges to a person | 164 |
under this division shall retain the person's probationary | 165 |
driver's license, restricted license, or temporary instruction | 166 |
permit during the period the license or permit is suspended and | 167 |
also during the period for which limited driving privileges are | 168 |
granted, and shall deliver to the person a permit card, in a form | 169 |
to be prescribed by the court, setting forth the date on which the | 170 |
limited driving privileges will become effective, the purposes for | 171 |
which the person may drive, the times and places at which the | 172 |
person may drive, and any other conditions imposed upon the | 173 |
person's use of a motor vehicle. | 174 |
The court immediately shall notify the registrar, in writing, | 175 |
of a grant of limited driving privileges under this division. The | 176 |
notification shall specify the date on which the limited driving | 177 |
privileges will become effective, the purposes for which the | 178 |
person may drive, the times and places at which the person may | 179 |
drive, and any other conditions imposed upon the person's use of a | 180 |
motor vehicle. The registrar shall not suspend the probationary | 181 |
driver's license, restricted license, or temporary instruction | 182 |
permit of any person pursuant to division (A) of this section | 183 |
during any period for which the person has been granted limited | 184 |
driving privileges as provided in this division, if the registrar | 185 |
has received the notification described in this division from the | 186 |
court. | 187 |
(2) Except as provided in division (C)(3) of this section, in | 188 |
any case in which the temporary instruction permit or probationary | 189 |
driver's license of a person under eighteen years of age has been | 190 |
suspended under division (A) or (B) of this section or any other | 191 |
provision of law, the court may grant the person limited driving | 192 |
privileges for the purpose of the person's practicing of driving | 193 |
with the person's parent, guardian, or other custodian during the | 194 |
period of the suspension. Any grant of limited driving privileges | 195 |
under this division shall comply with division (D) of section | 196 |
4510.021 of the Revised Code. | 197 |
(3) A court shall not grant limited driving privileges to a | 198 |
person identified in division (C)(1) or (2) of this section if the | 199 |
person, within the preceding six years, has been convicted of, | 200 |
pleaded guilty to, or adjudicated in juvenile court of having | 201 |
committed three or more violations of one or more of the divisions | 202 |
or sections set forth in divisions (G)(2)(b) to (g) of section | 203 |
2919.22 of the Revised Code. | 204 |
(D) If a person who has been granted limited driving | 205 |
privileges under division (C) of this section is convicted of, | 206 |
pleads guilty to, or is adjudicated in juvenile court of having | 207 |
committed, a violation of Chapter 4510. of the Revised Code, or a | 208 |
subsequent violation of any of the sections of the Revised Code | 209 |
listed in division (A)(1)(a) of this section or any similar | 210 |
municipal ordinance during the period for which the person was | 211 |
granted limited driving privileges, the court that granted the | 212 |
limited driving privileges shall suspend the person's permit card. | 213 |
The court or the clerk of the court immediately shall forward the | 214 |
person's probationary driver's license, restricted license, or | 215 |
temporary instruction permit together with written notification of | 216 |
the court's action to the registrar. Upon receipt of the license | 217 |
or permit and notification, the registrar shall impose a class C | 218 |
suspension of the person's probationary driver's license, | 219 |
restricted license, or temporary instruction permit for the period | 220 |
of time specified in division (B)(3) of section 4510.02 of the | 221 |
Revised Code. The registrar shall retain the license or permit | 222 |
during the period of suspension, and no further limited driving | 223 |
privileges shall be granted during that period. | 224 |
(A) "Vehicle" means every device, including a motorized | 242 |
bicycle, in, upon, or by which any person or property may be | 243 |
transported or drawn upon a highway, except that "vehicle" does | 244 |
not include any motorized wheelchair, any electric personal | 245 |
assistive mobility device, any device that is moved by power | 246 |
collected from overhead electric trolley wires or that is used | 247 |
exclusively upon stationary rails or tracks, or any device, other | 248 |
than a bicycle, that is moved by human power. | 249 |
(B) "Motor vehicle" means every vehicle propelled or drawn by | 250 |
power other than muscular power or power collected from overhead | 251 |
electric trolley wires, except motorized bicycles, road rollers, | 252 |
traction engines, power shovels, power cranes, and other equipment | 253 |
used in construction work and not designed for or employed in | 254 |
general highway transportation, hole-digging machinery, | 255 |
well-drilling machinery, ditch-digging machinery, farm machinery, | 256 |
and trailers designed and used exclusively to transport a boat | 257 |
between a place of storage and a marina, or in and around a | 258 |
marina, when drawn or towed on a street or highway for a distance | 259 |
of no more than ten miles and at a speed of twenty-five miles per | 260 |
hour or less. | 261 |
(C) "Motorcycle" means every motor vehicle, other than a | 262 |
tractor, having a seat or saddle for the use of the operator and | 263 |
designed to travel on not more than three wheels in contact with | 264 |
the ground, including, but not limited to, motor vehicles known as | 265 |
"motor-driven cycle," "motor scooter," or "motorcycle" without | 266 |
regard to weight or brake horsepower. | 267 |
(3) Any motor vehicle when properly identified as required by | 281 |
the director of public safety, when used in response to fire | 282 |
emergency calls or to provide emergency medical service to ill or | 283 |
injured persons, and when operated by a duly qualified person who | 284 |
is a member of a volunteer rescue service or a volunteer fire | 285 |
department, and who is on duty pursuant to the rules or directives | 286 |
of that service. The state fire marshal shall be designated by the | 287 |
director of public safety as the certifying agency for all public | 288 |
safety vehicles described in division (E)(3) of this section. | 289 |
(F) "School bus" means every bus designed for carrying more | 302 |
than nine passengers that is owned by a public, private, or | 303 |
governmental agency or institution of learning and operated for | 304 |
the transportation of children to or from a school session or a | 305 |
school function, or owned by a private person and operated for | 306 |
compensation for the transportation of children to or from a | 307 |
school session or a school function, provided "school bus" does | 308 |
not include a bus operated by a municipally owned transportation | 309 |
system, a mass transit company operating exclusively within the | 310 |
territorial limits of a municipal corporation, or within such | 311 |
limits and the territorial limits of municipal corporations | 312 |
immediately contiguous to such municipal corporation, nor a common | 313 |
passenger carrier certified by the public utilities commission | 314 |
unless such bus is devoted exclusively to the transportation of | 315 |
children to and from a school session or a school function, and | 316 |
"school bus" does not include a van or bus used by a licensed | 317 |
child day-care center or type A family day-care home to transport | 318 |
children from the child day-care center or type A family day-care | 319 |
home to a school if the van or bus does not have more than fifteen | 320 |
children in the van or bus at any time. | 321 |
(G) "Bicycle" means every device, other than a tricycle | 322 |
designed solely for use as a play vehicle by a child, propelled | 323 |
solely by human power upon which any person may ride having two | 324 |
tandem wheels, or one wheel in the front and two wheels in the | 325 |
rear, or two wheels in the front and one wheel in the rear, any of | 326 |
which is more than fourteen inches in diameter. | 327 |
(L) "Bus" means every motor vehicle designed for carrying | 347 |
more than nine passengers and used for the transportation of | 348 |
persons other than in a ridesharing arrangement, and every motor | 349 |
vehicle, automobile for hire, or funeral car, other than a taxicab | 350 |
or motor vehicle used in a ridesharing arrangement, designed and | 351 |
used for the transportation of persons for compensation. | 352 |
(M) "Trailer" means every vehicle designed or used for | 353 |
carrying persons or property wholly on its own structure and for | 354 |
being drawn by a motor vehicle, including any such vehicle when | 355 |
formed by or operated as a combination of a "semitrailer" and a | 356 |
vehicle of the dolly type, such as that commonly known as a | 357 |
"trailer dolly," a vehicle used to transport agricultural produce | 358 |
or agricultural production materials between a local place of | 359 |
storage or supply and the farm when drawn or towed on a street or | 360 |
highway at a speed greater than twenty-five miles per hour, and a | 361 |
vehicle designed and used exclusively to transport a boat between | 362 |
a place of storage and a marina, or in and around a marina, when | 363 |
drawn or towed on a street or highway for a distance of more than | 364 |
ten miles or at a speed of more than twenty-five miles per hour. | 365 |
(O) "Pole trailer" means every trailer or semitrailer | 370 |
attached to the towing vehicle by means of a reach, pole, or by | 371 |
being boomed or otherwise secured to the towing vehicle, and | 372 |
ordinarily used for transporting long or irregular shaped loads | 373 |
such as poles, pipes, or structural members capable, generally, of | 374 |
sustaining themselves as beams between the supporting connections. | 375 |
(T) "Explosives" means any chemical compound or mechanical | 387 |
mixture that is intended for the purpose of producing an explosion | 388 |
that contains any oxidizing and combustible units or other | 389 |
ingredients in such proportions, quantities, or packing that an | 390 |
ignition by fire, by friction, by concussion, by percussion, or by | 391 |
a detonator of any part of the compound or mixture may cause such | 392 |
a sudden generation of highly heated gases that the resultant | 393 |
gaseous pressures are capable of producing destructive effects on | 394 |
contiguous objects, or of destroying life or limb. Manufactured | 395 |
articles shall not be held to be explosives when the individual | 396 |
units contain explosives in such limited quantities, of such | 397 |
nature, or in such packing, that it is impossible to procure a | 398 |
simultaneous or a destructive explosion of such units, to the | 399 |
injury of life, limb, or property by fire, by friction, by | 400 |
concussion, by percussion, or by a detonator, such as fixed | 401 |
ammunition for small arms, firecrackers, or safety fuse matches. | 402 |
(II) "State highway" means a highway under the jurisdiction | 446 |
of the department of transportation, outside the limits of | 447 |
municipal corporations, provided that the authority conferred upon | 448 |
the director of transportation in section 5511.01 of the Revised | 449 |
Code to erect state highway route markers and signs directing | 450 |
traffic shall not be modified by sections 4511.01 to 4511.79 and | 451 |
4511.99 of the Revised Code. | 452 |
(1) The area embraced within the prolongation or connection | 456 |
of the lateral curb lines, or, if none, then the lateral boundary | 457 |
lines of the roadways of two highways whichthat join one another | 458 |
at, or approximately at, right angles, or the area within which | 459 |
vehicles traveling upon different highways joiningthat join at | 460 |
any other angle maymight come ininto conflict.
The junction of | 461 |
an alley or driveway with a roadway or highway does not constitute | 462 |
an intersection unless the roadway or highway at the junction is | 463 |
controlled by a traffic control device. | 464 |
(2) WhereIf a highway includes two roadways that are thirty | 465 |
feet or more apart, then every crossing of each roadway of such | 466 |
divided highway by an intersecting highway shall be regarded as | 467 |
constitutes a separate intersection. If anboth intersecting | 468 |
highway also includeshighways include two roadways thirty feet or | 469 |
more apart, then every crossing of
any two roadways of such | 470 |
highways shall be regarded asconstitutes a separate intersection. | 471 |
(NN) "Business district" means the territory fronting upon a | 503 |
street or highway, including the street or highway, between | 504 |
successive intersections within municipal corporations where fifty | 505 |
per cent or more of the frontage between such successive | 506 |
intersections is occupied by buildings in use for business, or | 507 |
within or outside municipal corporations where fifty per cent or | 508 |
more of the frontage for a distance of three hundred feet or more | 509 |
is occupied by buildings in use for business, and the character of | 510 |
such territory is indicated by official traffic control devices. | 511 |
(QQ) "Traffic control devicesdevice" means all flaggersa | 523 |
flagger, signssign,
signalssignal, markingsmarking, and devices | 524 |
placed or erectedor other device used to regulate, warn, or guide | 525 |
traffic, placed on, over, or adjacent to a street, highway, | 526 |
private road open to public travel, pedestrian facility, or | 527 |
shared-use path by authority of a public bodyagency or official | 528 |
having jurisdiction, for the purpose of regulating, warning, or | 529 |
guiding traffic, including signs denoting names of streets and | 530 |
highwaysor, in the case of a private road open to public travel, | 531 |
by authority of the private owner or private official having | 532 |
jurisdiction. | 533 |
(2) A general term denoting land, property, or the interest | 555 |
therein, usually in the configuration of a strip, acquired for or | 556 |
devoted to transportation purposes. When used in this context, | 557 |
right-of-way includes the roadway, shoulders or berm, ditch, and | 558 |
slopes extending to the right-of-way limits under the control of | 559 |
the state or local authority. | 560 |
(1) A violation of section 4511.03, 4511.051, 4511.12, | 608 |
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, | 609 |
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, | 610 |
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, | 611 |
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, | 612 |
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452, | 613 |
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, | 614 |
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, | 615 |
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, | 616 |
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, | 617 |
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code; | 618 |
(OOO) "Private road open to public travel" means a private | 649 |
toll road or road, including any adjacent sidewalks that generally | 650 |
run parallel to the road, within a shopping center, airport, | 651 |
sports arena, or other similar business or recreation facility | 652 |
that is privately owned but where the public is allowed to travel | 653 |
without access restrictions. "Private road open to public travel" | 654 |
includes a gated toll road but does not include a road within a | 655 |
private gated property where access is restricted at all times, a | 656 |
parking area, a driving aisle within a parking area, or a private | 657 |
grade crossing. | 658 |
(PPP) "Shared-use path" means a bikeway outside the traveled | 659 |
way and physically separated from motorized vehicular traffic by | 660 |
an open space or barrier and either within the highway | 661 |
right-of-way or within an independent alignment. A shared-use path | 662 |
also may be used by pedestrians, including skaters, joggers, users | 663 |
of manual and motorized wheelchairs, and other authorized | 664 |
motorized and non-motorized users. | 665 |
Sec. 4511.041. Sections 4511.12, 4511.13, 4511.131, | 666 |
4511.132, 4511.14, 4511.15, 4511.202, 4511.21, 4511.211, 4511.22, | 667 |
4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, | 668 |
4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, | 669 |
4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, | 670 |
4511.432, 4511.44, 4511.441, 4511.57, 4511.58, 4511.59, 4511.60, | 671 |
4511.61, 4511.62, 4511.66, 4511.68, 4511.681, and 4511.69 of the | 672 |
Revised Code do not apply to the driver of an emergency vehicle or | 673 |
public safety vehicle if the emergency vehicle or public safety | 674 |
vehicle is responding to an emergency call, is equipped with and | 675 |
displaying at least one flashing, rotating, or oscillating light | 676 |
visible under normal atmospheric conditions from a distance of | 677 |
five hundred feet to the front of the vehicle and if the driver of | 678 |
the vehicle is giving an audible signal by siren, exhaust whistle, | 679 |
or bell. This section does not relieve the driver of an emergency | 680 |
vehicle or public safety vehicle from the duty to drive with due | 681 |
regard for the safety of all persons and property upon the | 682 |
highway. | 683 |
Sec. 4511.09. The department of transportation shall adopt a | 684 |
manual and specifications for a uniform system of traffic control | 685 |
devices, including signs denoting names of streets and highways, | 686 |
for use upon highwaysany street, highway, bikeway, or private | 687 |
road open to public travel within this state. Such uniform system | 688 |
shall correlate with, and so far as possible conform to, the | 689 |
system approved by the American Association of State Highway | 690 |
Officialsfederal highway administration. | 691 |
Sec. 4511.103. (A) The director of transportation, in | 721 |
accordance with 23 U.S.C. 109(d) and 315, with the provisions of | 722 |
the federal manual of uniform traffic control devices relating to | 723 |
tourist-oriented directional signs and trailblazer markers, and | 724 |
with Chapter 119. of the Revised Code, shall adopt rules to carry | 725 |
out a program for the placement of tourist-oriented directional | 726 |
signs and trailblazer markers within the rights-of-way of those | 727 |
portions of rural state highways that are not on the interstate | 728 |
system. The rules shall prohibit the placement of tourist-oriented | 729 |
directional signs and trailblazer markers at interchanges on state | 730 |
system expressways and freeways. The rules shall include, but need | 731 |
not be limited to, all of the following: | 732 |
(B) The program established pursuant to division (A) of this | 745 |
section may be operated, maintained, and marketed either by the | 746 |
department of transportation or by any private person with whom | 747 |
the director, in accordance with rules adopted by the director | 748 |
pursuant to Chapter 119. of the Revised Code, contracts for the | 749 |
operation, maintenance, and marketing. The rules shall describe | 750 |
the terms of the contract and shall allow for a reasonable profit | 751 |
to be made by the successful applicant. In awarding the contract, | 752 |
the director shall consider the skill, expertise, prior | 753 |
experience, and other qualifications of each applicant. | 754 |
Sec. 4511.106. The legislative authority of a local | 797 |
authority may adopt a resolution establishing a program for the | 798 |
placement of tourist-oriented directional signs and trailblazer | 799 |
markers within the rights-of-way of streets and highways under its | 800 |
jurisdiction. Any program established under this section shall | 801 |
conform to the rules and specifications contained in the program | 802 |
established by the director of transportation pursuant to sections | 803 |
4511.102 to 4511.105 of the Revised Code and the applicable | 804 |
provisions of the federal manual of uniform traffic control | 805 |
devices. If a local authority establishes a program under this | 806 |
section, the local authority may request guidance from the | 807 |
department of transportation in structuring, implementing, and | 808 |
administering its program, but the local authority is solely | 809 |
responsible for the structure and actual implementation and | 810 |
administration of its program, including, but not limited to, the | 811 |
evaluation and review of applications to participate in the local | 812 |
program and the execution of advertising agreements with eligible | 813 |
attractions. | 814 |
Sec. 4511.11. (A) Local authorities in their respective | 815 |
jurisdictions shall place and maintain traffic control devices in | 816 |
accordance with the department of transportation manual and | 817 |
specifications for a uniform system of traffic control devices, | 818 |
adopted under section 4511.09 of the Revised Code, upon highways | 819 |
under their jurisdiction as are necessary to indicate and to carry | 820 |
out sections 4511.01 to 4511.76 and 4511.99 of the Revised Code, | 821 |
local traffic ordinances, or to regulate, warn, or guide traffic. | 822 |
(C) No village shall place or maintain any traffic control | 828 |
signal upon an extension of the state highway system within the | 829 |
village without first obtaining the permission of the director. | 830 |
The director may revoke the permission and may require to be | 831 |
removed any traffic control signal that has been erected without | 832 |
the director's permission on an extension of a state highway | 833 |
within a village, or that, if erected under a permit granted by | 834 |
the director, does not conform to the state manual and | 835 |
specifications, or that is not operated in accordance with the | 836 |
terms of the permit. | 837 |
Sec. 4511.13. WheneverHighway traffic is controlled by | 850 |
traffic control signals exhibiting different colored lights, or | 851 |
colored lighted arrows, successively one at a time or in | 852 |
combination, only the colors green, red, and yellow shall be used, | 853 |
exceptsignal indications for
special pedestrian signals carrying | 854 |
words or symbols, and said lights shall indicate and apply to | 855 |
drivers of vehicles, streetcars, and trackless trolleys, and to | 856 |
pedestrians as followsshall have the following meanings: | 857 |
(1)(a) Vehicular traffic, streetcars, and trackless trolleys | 859 |
facing a circular green signal mayare permitted to proceed | 860 |
straight through or turn right or left unless a sign at such place | 861 |
prohibits either such turn. But vehicular traffic, streetcars, and | 862 |
trackless trolleys, including vehicles, streetcars, and trackless | 863 |
trolleys turning right or left, shall yield the right-of-way to | 864 |
otheror make a u-turn movement except as such movement is | 865 |
modified by a lane-use sign, turn prohibition sign, lane marking, | 866 |
roadway design, separate turn signal indication, or other traffic | 867 |
control device. Such vehicular traffic, including vehicles turning | 868 |
right or left or making a u-turn movement, shall yield the | 869 |
right-of-way to both of the following: | 870 |
(2) Vehicular traffic, streetcars, and trackless trolleys | 880 |
facing a green arrow signal, shownindication, displayed alone or | 881 |
in combination with another signal indication, mayare permitted | 882 |
to cautiously enter the intersection only to make the movement | 883 |
indicated by such arrow, or such other movement as is permitted by | 884 |
other indications showndisplayed at the same time. Such vehicular | 885 |
traffic, streetcars, and trackless trolleys, including vehicles | 886 |
turning right or left or making a u-turn movement, shall yield the | 887 |
right-of-way to pedestriansboth of the following: | 888 |
(3)(a) Unless otherwise directed by a pedestrian-control | 892 |
pedestrian signal indication, as provided in section 4511.14 of | 893 |
the Revised Code, pedestrians facing anya circular green signal, | 894 |
except when the sole green signal is a turn arrow, mayindication | 895 |
are permitted to proceed across the roadway within any marked or | 896 |
unmarked associated crosswalk. The pedestrian shall yield the | 897 |
right-of-way to vehicles lawfully within the intersection or so | 898 |
close as to create an immediate hazard at the time that the green | 899 |
signal indication is first displayed. | 900 |
(1) Vehicular traffic, streetcars, and trackless trolleys | 905 |
facing a steady circular yellow or yellow arrow signal indication | 906 |
are thereby warned that the related green movement or the related | 907 |
flashing arrow movement is being terminated or that a steady red | 908 |
signal indication will be exhibited immediately thereafter when | 909 |
vehicular traffic, streetcars, and trackless trolleys shall not | 910 |
enter the intersection. The provisions governing vehicular | 911 |
operation under the movement being terminated shall continue to | 912 |
apply while the steady circular yellow signal indication is | 913 |
displayed. | 914 |
(3) Pedestrians facing a steady circular yellow or yellow | 921 |
arrow signal indication, unless otherwise directed by a | 922 |
pedestrian-controlpedestrian signal indication as provided in | 923 |
section 4511.14 of the Revised Code or other traffic control | 924 |
device, are thereby advised that there is insufficient time to | 925 |
cross the roadway before a red indication is shown and no | 926 |
pedestrian shall
thennot start to cross the roadway. | 927 |
(1)(a) Vehicular traffic, streetcars, and trackless trolleys | 929 |
facing a steady circular red signal aloneindication, unless | 930 |
entering the intersection to make another movement permitted by | 931 |
another signal indication, shall stop at a clearly marked stop | 932 |
line,; but if nonethere is no stop line, traffic shall stop | 933 |
before entering the crosswalk on the near side of the | 934 |
intersection,; or if nonethere is no crosswalk, then before | 935 |
entering the intersection; and shall remain standingstopped until | 936 |
ana signal indication to proceed is showndisplayed except as | 937 |
provided in divisions (C)(1), (2), and (3) of this section. | 938 |
(b) Except when a traffic control device is in place | 939 |
prohibiting a turn on red or a steady red arrow signal indication | 940 |
is displayed, vehicular traffic facing a steady circular red | 941 |
signal indication is permitted to enter the intersection to turn | 942 |
right, or to turn left from a one-way street, after stopping. The | 943 |
right to proceed with the turn shall be subject to the provisions | 944 |
that are applicable after making a stop at a stop sign. | 945 |
(2) Unless a sign is in place prohibiting a right turn as | 946 |
provided in division (C)(5) of this section, vehicular(a) | 947 |
Vehicular traffic, streetcars, and trackless trolleys facing a | 948 |
steady red arrow signal may cautiouslyindication shall not enter | 949 |
the intersection to make a right turn after stopping as required | 950 |
by division (C)(1) of this section. Such vehicular traffic, | 951 |
streetcars, and trackless trolleys shall yield the right-of-way to | 952 |
pedestrians lawfully within an adjacent crosswalk and to other | 953 |
traffic lawfully using the intersectionthe movement indicated by | 954 |
the arrow and, unless entering the intersection to make another | 955 |
movement permitted by another signal indication, shall stop at a | 956 |
clearly marked stop line; but if there is no stop line, before | 957 |
entering the crosswalk on the near side of the intersection; or if | 958 |
there is no crosswalk, then before entering the intersection; and | 959 |
shall remain stopped until a signal indication or other traffic | 960 |
control device permitting the movement indicated by such red arrow | 961 |
is displayed. | 962 |
(b) When a traffic control device is in place permitting a | 963 |
turn on a steady red arrow signal indication, vehicular traffic | 964 |
facing a steady red arrow indication is permitted to enter the | 965 |
intersection to make the movement indicated by the arrow signal | 966 |
indication, after stopping. The right to proceed with the turn | 967 |
shall be limited to the direction indicated by the arrow and shall | 968 |
be subject to the provisions that are applicable after making a | 969 |
stop at a stop sign. | 970 |
(3) Unless a sign is in place prohibiting a left turn as | 971 |
provided in division (C)(5) of this section, vehicular traffic, | 972 |
streetcars, and trackless trolleys facing a steady red signal on a | 973 |
one-way street that intersects another one-way street on which | 974 |
traffic moves to the left may cautiously enter the intersection to | 975 |
make a left turn into the one-way street after stopping as | 976 |
required by division (C)(1) of this section, and yielding the | 977 |
right-of-way to pedestrians lawfully within an adjacent crosswalk | 978 |
and to other traffic lawfully using the intersection. | 979 |
(1)(a) Vehicular traffic, on an approach to an intersection, | 993 |
facing a flashing circular yellow signal indication, is permitted | 994 |
to cautiously enter the intersection to proceed straight through | 995 |
or turn right or left or make a u-turn except as such movement is | 996 |
modified by lane-use signs, turn prohibition signs, lane markings, | 997 |
roadway design, separate turn signal indications, or other traffic | 998 |
control devices. Such vehicular traffic, including vehicles | 999 |
turning right or left or making a u-turn, shall yield the | 1000 |
right-of-way to both of the following: | 1001 |
(2)(a) Vehicular traffic, on an approach to an intersection, | 1009 |
facing a flashing yellow arrow signal indication, displayed alone | 1010 |
or in combination with another signal indication, is permitted to | 1011 |
cautiously enter the intersection only to make the movement | 1012 |
indicated by such arrow, or other such movement as is permitted by | 1013 |
other signal indications displayed at the same time. Such | 1014 |
vehicular traffic, including vehicles turning right or left or | 1015 |
making a u-turn, shall yield the right-of-way to both of the | 1016 |
following: | 1017 |
(3) Pedestrians facing any flashing yellow signal indication | 1025 |
at an intersection, unless otherwise directed by a pedestrian | 1026 |
signal indication or other traffic control device, are permitted | 1027 |
to proceed across the roadway within any marked or unmarked | 1028 |
associated crosswalk. Pedestrians shall yield the right-of-way to | 1029 |
vehicles lawfully within the intersection at the time that the | 1030 |
flashing yellow signal indication is first displayed. | 1031 |
(1) Vehicular traffic, on an approach to an intersection, | 1040 |
facing a flashing circular red signal indication, shall stop at a | 1041 |
clearly marked stop line; but if there is no stop line, before | 1042 |
entering the crosswalk on the near side of the intersection; or if | 1043 |
there is no crosswalk, at the point nearest the intersecting | 1044 |
roadway where the driver has a view of approaching traffic on the | 1045 |
intersecting roadway before entering the intersection. The right | 1046 |
to proceed shall be subject to the provisions that are applicable | 1047 |
after making a stop at a stop sign. | 1048 |
(2) Pedestrians facing any flashing red signal indication at | 1049 |
an intersection, unless otherwise directed by a pedestrian signal | 1050 |
indication or other traffic control device, are permitted to | 1051 |
proceed across the roadway within any marked or unmarked | 1052 |
associated crosswalk. Pedestrians shall yield the right-of-way to | 1053 |
vehicles lawfully within the intersection at the time that the | 1054 |
flashing red signal indication is first displayed. | 1055 |
(3) When a flashing circular red signal indication is | 1056 |
displayed as a beacon to supplement another traffic control | 1057 |
device, road users are notified that there is a need to pay | 1058 |
additional attention to the message contained thereon or that the | 1059 |
regulatory or warning requirements of the other traffic control | 1060 |
device, which might not be applicable at all times, are currently | 1061 |
applicable. Use of this signal indication shall be limited to | 1062 |
supplementing stop, do not enter, or wrong way signs, and to | 1063 |
applications where compliance with the supplemental traffic | 1064 |
control device requires a stop at a designated point. | 1065 |
(G) In the event an official traffic-control signal is | 1066 |
erected and maintained at a place other than an intersection, the | 1067 |
provisions of this section shall be applicable except as to those | 1068 |
provisions which by their nature can have no application. Any stop | 1069 |
required shall be made at a sign or marking on the pavement | 1070 |
indicating where the stop shall be made, but in the absence of any | 1071 |
such sign or marking the stop shall be made at the signal. | 1072 |
(A) "Walk" or the symbol of aA steady walking person: | 1113 |
Pedestrianssignal indication, which symbolizes "walk," means that | 1114 |
a pedestrian facing suchthe signal may proceed acrossindication | 1115 |
is permitted to start to cross the roadway in the direction of the | 1116 |
signal and shall be given the right of way by operators of all | 1117 |
indication, possibly in conflict with turning vehicles, | 1118 |
streetcars, and trackless trolleys. The pedestrian shall yield the | 1119 |
right-of-way to vehicles lawfully within the intersection at the | 1120 |
time that the walking person signal indication is first shown. | 1121 |
(B) "Don't walk" or the symbol of anA flashing upraised | 1122 |
palm: Nohand signal indication, which symbolizes "don't walk," | 1123 |
means that a pedestrian shall not start to cross the roadway in | 1124 |
the direction of the signal indication, but that any pedestrian | 1125 |
who has already started to cross on a steady walking person signal | 1126 |
indication shall proceed to the far side of the traveled way of | 1127 |
the street or highway, unless otherwise directed by a traffic | 1128 |
control device to proceed only to the median of a divided highway | 1129 |
or only to some other island or pedestrian refuge area. | 1130 |
(B) The driver of an emergency vehicle or public safety | 1146 |
vehicle, when responding to an emergency call, may turn the | 1147 |
vehicle so as to proceed in the opposite direction. This division | 1148 |
applies only when the emergency vehicle or public safety vehicle | 1149 |
is responding to an emergency call, is equipped with and | 1150 |
displaying at least one flashing, rotating, or oscillating light | 1151 |
visible under normal atmospheric conditions from a distance of | 1152 |
five hundred feet to the front of the vehicle, and when the driver | 1153 |
of the vehicle is giving an audible signal by siren, exhaust | 1154 |
whistle, or bell. This division does not relieve the driver of an | 1155 |
emergency vehicle or public safety vehicle from the duty to drive | 1156 |
with due regard for the safety of all persons and property upon | 1157 |
the highway. | 1158 |
(C) Except as otherwise provided in this division, whoever | 1159 |
violates this section is guilty of a minor misdemeanor. If, within | 1160 |
one year of the offense, the offender previously has been | 1161 |
convicted of or pleaded guilty to one predicate motor vehicle or | 1162 |
traffic offense, whoever violates this section is guilty of a | 1163 |
misdemeanor of the fourth degree. If, within one year of the | 1164 |
offense, the offender previously has been convicted of two or more | 1165 |
predicate motor vehicle or traffic offenses, whoever violates this | 1166 |
section is guilty of a misdemeanor of the third degree. | 1167 |
Sec. 4511.69. (A) Every vehicle stopped or parked upon a | 1168 |
roadway where there is an adjacent curb shall be stopped or parked | 1169 |
with the right-hand wheels of the vehicle parallel with and not | 1170 |
more than twelve inches from the right-hand curb, unless it is | 1171 |
impossible to approach so close to the curb; in such case the stop | 1172 |
shall be made as close to the curb as possible and only for the | 1173 |
time necessary to discharge and receive passengers or to load or | 1174 |
unload merchandise. Local authorities by ordinance may permit | 1175 |
angle parking on any roadway under their jurisdiction, except that | 1176 |
angle parking shall not be permitted on a state route within a | 1177 |
municipal corporation unless an unoccupied roadway width of not | 1178 |
less than twenty-five feet is available for free-moving traffic. | 1179 |
(D) Notwithstanding any statute or any rule, resolution, or | 1192 |
ordinance adopted by any local authority, air compressors, | 1193 |
tractors, trucks, and other equipment, while being used in the | 1194 |
construction, reconstruction, installation, repair, or removal of | 1195 |
facilities near, on, over, or under a street or highway, may stop, | 1196 |
stand, or park where necessary in order to perform such work, | 1197 |
provided a flagperson is on duty or warning signs or lights are | 1198 |
displayed as may be prescribed by the director of transportation. | 1199 |
(E) Special parking locations and privileges for persons with | 1200 |
disabilities that limit or impair the ability to walk, also known | 1201 |
as handicapped parking spaces or disability parking spaces, shall | 1202 |
be provided and designated by all political subdivisions and by | 1203 |
the state and all agencies and instrumentalities thereof at all | 1204 |
offices and facilities, where parking is provided, whether owned, | 1205 |
rented, or leased, and at all publicly owned parking garages. The | 1206 |
locations shall be designated through the posting of an elevated | 1207 |
sign, whether permanently affixed or movable, imprinted with the | 1208 |
international symbol of access and shall be reasonably close to | 1209 |
exits, entrances, elevators, and ramps. All elevated signs posted | 1210 |
in accordance with this division and division (C) of section | 1211 |
3781.111 of the Revised Code shall be mounted on a fixed or | 1212 |
movable post, and the distance from the ground to the topbottom | 1213 |
edge of the sign shall measure not less than five feet. If a new | 1214 |
sign or a replacement sign designating a special parking location | 1215 |
is posted on or after October 14, 1999, there also shall be | 1216 |
affixed upon the surface of that sign or affixed next to the | 1217 |
designating sign a notice that states the fine applicable for the | 1218 |
offense of parking a motor vehicle in the special designated | 1219 |
parking location if the motor vehicle is not legally entitled to | 1220 |
be parked in that location. | 1221 |
(F)(1) No person shall stop, stand, or park any motor vehicle | 1222 |
at special parking locations provided under division (E) of this | 1223 |
section or at special clearly marked parking locations provided in | 1224 |
or on privately owned parking lots, parking garages, or other | 1225 |
parking areas and designated in accordance with that division, | 1226 |
unless one of the following applies: | 1227 |
(2) Any motor vehicle that is parked in a special marked | 1235 |
parking location in violation of division (F)(1)(a) or (b) of this | 1236 |
section may be towed or otherwise removed from the parking | 1237 |
location by the law enforcement agency of the political | 1238 |
subdivision in which the parking location is located. A motor | 1239 |
vehicle that is so towed or removed shall not be released to its | 1240 |
owner until the owner presents proof of ownership of the motor | 1241 |
vehicle and pays all towing and storage fees normally imposed by | 1242 |
that political subdivision for towing and storing motor vehicles. | 1243 |
If the motor vehicle is a leased vehicle, it shall not be released | 1244 |
to the lessee until the lessee presents proof that that person is | 1245 |
the lessee of the motor vehicle and pays all towing and storage | 1246 |
fees normally imposed by that political subdivision for towing and | 1247 |
storing motor vehicles. | 1248 |
(3) If a person is charged with a violation of division | 1249 |
(F)(1)(a) or (b) of this section, it is an affirmative defense to | 1250 |
the charge that the person suffered an injury not more than | 1251 |
seventy-two hours prior to the time the person was issued the | 1252 |
ticket or citation and that, because of the injury, the person | 1253 |
meets at least one of the criteria contained in division (A)(1) of | 1254 |
section 4503.44 of the Revised Code. | 1255 |
(G) When a motor vehicle is being operated by or for the | 1256 |
transport of a person with a disability that limits or impairs the | 1257 |
ability to walk and is displaying a removable windshield placard | 1258 |
or a temporary removable windshield placard or special license | 1259 |
plates, or when a motor vehicle is being operated by or for the | 1260 |
transport of a handicapped person and is displaying a parking card | 1261 |
or special handicapped license plates, the motor vehicle is | 1262 |
permitted to park for a period of two hours in excess of the legal | 1263 |
parking period permitted by local authorities, except where local | 1264 |
ordinances or police rules provide otherwise or where the vehicle | 1265 |
is parked in such a manner as to be clearly a traffic hazard. | 1266 |
(2)(a) Whoever violates division (F)(1)(a) or (b) of this | 1281 |
section is guilty of a misdemeanor and shall be punished as | 1282 |
provided in division (J)(2)(a) and (b) of this section. Except as | 1283 |
otherwise provided in division (J)(2)(a) of this section, an | 1284 |
offender who violates division (F)(1)(a) or (b) of this section | 1285 |
shall be fined not less than two hundred fifty nor more than five | 1286 |
hundred dollars. An offender who violates division (F)(1)(a) or | 1287 |
(b) of this section shall be fined not more than one hundred | 1288 |
dollars if the offender, prior to sentencing, proves either of the | 1289 |
following to the satisfaction of the court: | 1290 |
The clerk of the court shall pay every fine collected under | 1314 |
division (J)(2) of this section to the political subdivision in | 1315 |
which the violation occurred. Except as provided in division | 1316 |
(J)(2) of this section, the political subdivision shall use the | 1317 |
fine moneys it receives under division (J)(2) of this section to | 1318 |
pay the expenses it incurs in complying with the signage and | 1319 |
notice requirements contained in division (E) of this section. The | 1320 |
political subdivision may use up to fifty per cent of each fine it | 1321 |
receives under division (J)(2) of this section to pay the costs of | 1322 |
educational, advocacy, support, and assistive technology programs | 1323 |
for persons with disabilities, and for public improvements within | 1324 |
the political subdivision that benefit or assist persons with | 1325 |
disabilities, if governmental agencies or nonprofit organizations | 1326 |
offer the programs. | 1327 |
(3) "Special license plates" and "removable windshield | 1349 |
placard" mean any license plates or removable windshield placard | 1350 |
or temporary removable windshield placard issued under section | 1351 |
4503.41 or 4503.44 of the Revised Code, and also mean any | 1352 |
substantially similar license plates or removable windshield | 1353 |
placard or temporary removable windshield placard issued by a | 1354 |
state, district, country, or sovereignty. | 1355 |
Sec. 4955.33. At all points where its railroad crosses a | 1356 |
public road at a common grade, each company shall erect crossbuck | 1357 |
signing at positions at each such crossing that are in accordance | 1358 |
with the department of transportation manual for uniform traffic | 1359 |
control devices, adopted under section 4511.09 of the Revised | 1360 |
Code, to give notice of the proximity of the railroad and warn | 1361 |
persons to be on the lookout for the locomotive. Any such signing | 1362 |
that has been or is erected in accordance with this section may | 1363 |
lawfully be continued in use until it is replaced. A company that | 1364 |
neglects or refuses to comply with this section is liable in | 1365 |
damages for all injuries that occur to persons or property from | 1366 |
such neglect or refusal. | 1367 |
Each crossbuck sign also shall be accompanied by an | 1368 |
additional sign consisting of three panels, with the middle panel | 1369 |
bearing the word "yield" spelled vertically. The front and rear | 1370 |
faces of the crossbuck sign and of the three panels of the | 1371 |
additional sign shall be coated or treated with a reflective | 1372 |
material, and if the crossbuck sign and additional sign are | 1373 |
mounted on a vertical girder or post, the girder or post also | 1374 |
shall be coated or treated with a reflective material. The | 1375 |
director, after consultation with those persons knowledgeable in | 1376 |
the area of railroad-highway grade crossing safety as he may | 1377 |
select, shall determine specifications for the crossbuck sign, | 1378 |
additional sign, girder, or post, and for the reflectiveness of | 1379 |
the reflective material described in this section. | 1380 |
With the prior approval of the director, a railroad company | 1388 |
or local authority may erect experimental signs and warning | 1389 |
devices at a crossing in lieu of the above required signing, for | 1390 |
the purpose of conducting research for the development of better | 1391 |
warning signing systems and devices. Such signs and warning | 1392 |
devices may be erected on either an interim or permanent basis, as | 1393 |
determined by the director, and the erection in accordance with | 1394 |
this section of such signs and warning devices at a particular | 1395 |
crossing relieves the railroad company or local authority from any | 1396 |
liability in damages that might otherwise arise under this section | 1397 |
at the crossing. | 1398 |
Section 2. That existing sections 3781.111, 4510.31, | 1399 |
4511.01, 4511.041, 4511.09, 4511.102, 4511.103, 4511.105, | 1400 |
4511.106, 4511.11, 4511.13, 4511.131, 4511.14, 4511.37, 4511.69, | 1401 |
and 4955.33 and section 4511.15 of the Revised Code are hereby | 1402 |
repealed. | 1403 |