Chapter 303 Enforcement, Impounding, and Penalty

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Section 303.01 Compliance with Lawful Order of Police Officer; Fleeing

1. No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control or regulate traffic.
2. No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person’s motor vehicle to a stop.
3. Whoever violates this section is guilty of failure to comply with an order or signal of a police officer.  A violation of subsection (a) is a misdemeanor of the first degree.  A violation of subsection (b) is a misdemeanor of the first degree, unless the jury or judge as trier of fact finds any one of the following by proof beyond a reasonable doubt:
   1. In committing the offense, the offender was fleeing immediately after the commission of a felony;
   2. The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property;
   3. The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
4. In addition to any other sanction imposed for a violation of subsection (a) of this section or a misdemeanor violation of subsection (b) of this section, the court shall impose a class five suspension from the range specified in Ohio R.C. 4510.02(A)(5).  If the offender previously has been found guilty of an offense under this section, in addition to any other sanction imposed for the offense, the court shall impose a class one suspension as described in division (A)(1) of that section.  The court may grant limited driving privileges to the offender on a suspension imposed for a misdemeanor violation of this section as set forth in Ohio R.C. 4510.021.  No judge shall suspend the first three years of suspension under a class two suspension of an offender’s license, permit or privilege required by this division on any portion of the suspension under a class one suspension of an offender’s license, permit, or privilege required by this subsection.

(ORC 2921.331)

Section 303.02 Traffic Direction in Emergencies; Obedience to School Guard

1. 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.  Firemen, 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 fireman issued pursuant to this section.
2. 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.
3. Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.

Section 303.03 Officer 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, or any public or private property used by the public for purposes of vehicular travel or parking.  The officer removing such key shall place notification upon the vehicle detailing his name and badge number, the place where such key may be reclaimed and the procedure for reclaiming such key.  The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership.

(ORC 4549.05)

Section 303.04 Road Workers, Motor vehicles, and Equipment Expected

1. The provisions of this Traffic Code 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 do apply to such persons and vehicles when traveling to or from such work.
2. The driver of a highway maintenance vehicle owned by the State of Ohio or any political subdivision thereof, 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 Sections 331.01 to 331.04, 331.06 to 331.08, 331.31, 333.04, and 337.01.
3. This section does not exempt a driver of a highway maintenance vehicle from civil liability arising from a violation of Sections 331.01 to 331.04, 331.06 to 331.08,331.31, 333.04, 337.01; or
4. As used in this section, “engaged in the performance of official duties” includes driving a highway maintenance vehicle to and from the manufacturer or vehicle maintenance provider and transporting a highway maintenance vehicle, equipment, or materials to and from a work location.  

(ORC 4511.04)

Section 303.05 Emergency, Public Safety, and Coroner’s Vehicles Exempt

1. Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 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 all sections of this Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed above, 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 vehicle 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)
2. 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, and all sections of this Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed above, do not apply to a coroner, deputy coroner, or coroner’s investigator operating a motor vehicle in accordance with Ohio R.C. 4513.171.  This section 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)

Section 303.06 Application to Persons Riding, Driving Animals Upon Roadway

Every person riding, driving, or leading an animal upon a roadway shall be subject to the provisions of this Traffic Code applicable to the driver of a vehicle, except those provisions of such sections which by their nature are inapplicable.

Section 303.07 Freeway Use Prohibited by Pedestrians, Bicycles, and Animals

1. No person, unless otherwise directed by a police officer, shall:
   1. As a pedestrian, occupy any space within the limits of the right-of-way of a freeway, except:  in a rest area; on a facility that is separated from the roadway and shoulders of the freeway and is designed and appropriately marked for pedestrian use; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle; or to obtain assistance;
   2. Occupy any space within the limits of the right of way of a freeway, with: an animal-drawn vehicle; a ridden or led animal; herded animals; a pushcart; a bicycle, except on a facility that is separated from the roadway and shoulders of the freeway and is designed and appropriately marked for bicycle use; an electric bicycle; a bicycle with motor attached; a motor driven cycle with a motor which produces not to exceed five brake horsepower; an agricultural tractor; farm machinery; except in the performance of public works or official duties.
2. Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor.  If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree.  If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
3. If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.

(ORC 4511.051)

Section 303.08 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.

Section 303.09 Impounding of Vehicles; Redemption

1. Police officers are authorized to provide for the removal 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 vehicle or "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63 is left on private property for more than forty-eight 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 parking, or upon or within the right of way of any road or highway, for forty-eight consecutive hours or longer, without notification to the Police Chief of the reasons for leaving such vehicle in such place.  Prior to disposal of an "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63, it shall be photographed by a law enforcement officer.
   3. When any vehicle has been stolen or operated without the consent of the owner and is located upon either public or private property.
   4. When any vehicle displays illegal license plates or fails to display the current lawfully required plates and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
   5. When any vehicle has been used in or connected with the commission of a felony and is located upon either public or private property.
   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, and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
   7. When any vehicle is left unattended either on public or private property due to the removal of an ill, injured or arrested operator, or due to the abandonment thereof by the operator during or immediately after pursuit by a law enforcement officer.
   8. When any vehicle has been operated by any person who has failed to stop in case of an accident or collision and is located either on public or private property.
   9. When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
   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, and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
   11. When any vehicle is found parked and unattended within ten feet of a fire hydrant or within a fire lane.
2. Any vehicle removed under authority of subsection (a)(2) hereof 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 Municipal police 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 offices 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.
3. 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.
4. Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.

Section 303.10 Impounding Vehicles on Private Residential or Agricultural Property

1.  
   1. The Chief of Police upon complaint of any person adversely affected may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in Ohio R.C. 4513.63, that has been left on private residential or private agricultural property for at least four hours without the permission of the person having the right to the possession of the property.  The Chief of Police, upon complaint of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. When ordering a motor vehicle into storage pursuant to this section, the Chief of Police may arrange for the removal of the motor vehicle by a towing service and shall designate a storage facility.
   2. A towing service towing a motor vehicle under subsection (a)(1) of this section shall remove the motor vehicle in accordance with that subsection.  The towing service shall deliver the motor vehicle to the location designated by the Chief of Police not more than two hours after the time it is removed from the private property, unless the towing service is unable to deliver the motor vehicle within two hours due to an uncontrollable force, natural disaster, or other event that is not within the power of the towing service.
   3. Subject to subsection (b) of this section, the owner of a motor vehicle that has been removed pursuant to this subsection may recover the vehicle only in accordance with subsection (d) of this section.
   4. As used in this section "private residential property" means private property on which is located one or more structures that are used as a home, residence or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures.  "Private residential property" does not include any private property on which is located one or more structures that are used as a home, residence or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.
2. If the owner or operator of a motor vehicle that has been ordered into storage pursuant to subsection (a)(1) of this section arrives after the motor vehicle has been prepared for removal, but prior to its actual removal from the property, the towing service shall give the owner or operator oral or written notification at the time of such arrival that the vehicle owner or operator may pay a fee of not more than one-half of the fee for the removal of the motor vehicle established by the Public Utilities Commission in rules adopted under Ohio R.C. 4921.25, in order to obtain release of the motor vehicle.  However, if the vehicle is within a municipal corporation and the municipal corporation has established a vehicle removal fee, the towing service shall give the owner or operator oral or written notification that the owner or operator may pay not more than one-half of that fee to obtain release of the motor vehicle.  That fee may be paid by use of a major credit card unless the towing service uses a mobile credit card processor and mobile service is not available at the time of the transaction. Upon payment of the applicable fee, the towing service shall give the vehicle owner or operator a receipt showing both the full amount normally assessed and the actual amount received and shall release the motor vehicle to the owner or operator.  Upon its release, the owner or operator immediately shall move it so that it is not on the private residential or private agricultural property without the permission of the person having the right to possession of the property, or is not at the garage or place of storage without the permission of the owner, whichever is applicable.
3.  
   1. The Chief of Police shall maintain a record of motor vehicles that the Chief orders into storage pursuant to subsection (a)(1) of this section.  The record shall include an entry for each such motor vehicle that identifies the motor vehicle’s license number, make, model and color, the location from which it was removed, the date and time of the removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.  The Chief of Police shall provide any information in the record that pertains to a particular motor vehicle to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.
   2. Any person who registers a complaint that is the basis of the Police Chief’s order for the removal and storage of a motor vehicle under subsection (a)(1) of this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.
4.  
   1. The owner or lienholder of a motor vehicle that is ordered into storage pursuant to subsection (a)(1) of this section may reclaim it upon both of the following:
      1. Payment of all applicable fees established by the Public Utilities Commission in rules adopted under Ohio R.C. 4921.25 or, if the vehicle was towed within a municipal corporation that has established fees for vehicle removal and storage, payment of all applicable fees established by the municipal corporation.
      2. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle, a certificate of registration for the motor vehicle, or a lease agreement. When the owner of a vehicle towed under this section retrieves the vehicle, the towing service or storage facility in possession of the vehicle shall give the owner written notice that if the owner disputes that the motor vehicle was lawfully towed, the owner may be able to file a civil action under Ohio R.C. 4513.611.
   2. Upon presentation of proof of ownership as required under subsection (d)(1)B. of this section, the owner of a motor vehicle that is ordered into storage under subsection (a)(1) of this section may retrieve any personal items from the motor vehicle without retrieving the vehicle and without paying any fee.  However, a towing service or storage facility may charge an after-hours retrieval fee established by the Public Utilities Commission in rules adopted under Ohio R.C. 4921.25 if the owner retrieves the personal items after hours, unless the towing service or storage facility fails to provide the notice required under division (B)(3) of Ohio R.C. 4513.69, if applicable.  The owner of a motor vehicle shall not do either of the following:
      1. Retrieve any personal item that has been determined by the sheriff or chief of police, as applicable, to be necessary to a criminal investigation;
      2. Retrieve any personal item from a vehicle if it would endanger the safety of the owner unless the owner agrees to sign a waiver of liability. For purposes of subsection (d)(2) of this section, “personal items” do not include any items that are attached to the motor vehicle.
   3. If a motor vehicle that is ordered into storage pursuant to subsection (a)(1) of this section remains unclaimed by the owner for thirty days, the procedures established by Ohio R.C. 4513.61 and 4513.62 apply.
5.  
   1. No person shall remove, or cause the removal of, any motor vehicle from any private residential or private agricultural property other than in accordance with subsection (a)(1) of this section or Ohio R.C. 4513.61 to 4513.65.
   2. No towing service or storage facility shall fail to comply with the requirements of this section.
6. This section does not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with Section 303.082.
7. Whoever violates subsection (e) of this section is guilty of a minor misdemeanor. (ORC 4513.60)

Section 303.11 Private Tow-Away Zones

1. The owner of a private property may establish a private tow-away zone, but may do so only if all of the following conditions are satisfied:
   1. The owner of the private property posts on the property a sign, that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that includes all of the following information:
      1. A statement that the property is a tow-away zone;
      2. A description of persons authorized to park on the property.  If the property is a residential property, the owner of the private property may include on the sign  a statement that only tenants and guests may park in the private tow-away zone, subject to the terms of the property owner.  If the property is a commercial property, the owner of the private property may include on the sign a statement that only customers may park in the private tow-away zone.  In all cases, if it is not apparent which persons may park in the private tow-away zone, the owner of the private property shall include on the sign the address of the property on which the private tow-away zone is located, or the name of the business that is located on the property designated as a private tow-away zone.
      3. If the private tow-away zone is not enforceable at all times, the times during which the parking restrictions are enforced;
      4. The telephone number and the address of the place from which a towed vehicle may be recovered at any time during the day or night;
      5. A statement that the failure to recover a towed vehicle may result in the loss of title to the vehicle as provided in division (B) of Ohio R.C. 4505.101.
         • In order to comply with the requirements of subsection (a)(1) of this section, the owner of a private property may modify an existing sign by affixing to the existing sign stickers or an addendum in lieu of replacing the sign.
   2. A towing service ensures that a vehicle towed under this section is taken to a location from which it may be recovered that complies with all of the following:
      1. It is located within twenty-five linear miles of the location of the private tow-away zone, unless it is not practicable to take the vehicle to a place of storage within twenty-five linear miles.
      2. It is well-lighted.
      3. It is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipal corporation or township in which the private tow-away zone is located.
2.  
   1. If a vehicle is parked on private property that is established as a private tow- away zone in accordance with subsection (a) of this section, without the consent of the owner of the private property or in violation of any posted parking condition or regulation, the owner of the private property may cause the removal of the vehicle by a towing service.  The towing service shall remove the vehicle in accordance with this section.  The vehicle owner and the operator of the vehicle are considered to have consented to the removal and storage of the vehicle, to the payment of the applicable fees established by the Public Service Commission in rules adopted under Ohio R.C. 4921.25, and to the right of a towing service to obtain title to the vehicle if it remains unclaimed as provided in Ohio R.C. 4505.101.  The owner or lienholder of a vehicle that has been removed under this section, subject to subsection (c) of this section, may recover the vehicle in accordance with subsection (g) of this section.
   2. If a municipal corporation requires tow trucks and tow truck operators to be  licensed, no owner of a private property located within the municipal corporation shall cause the removal and storage of any vehicle pursuant to subsection (b) of this section by an unlicensed tow truck or unlicensed tow truck operator.
   3. No towing service shall remove a vehicle from a private tow-away zone except pursuant to a written contract for the removal of vehicles entered into with the owner of the private property on which the private tow-away zone is located.
3. If the owner or operator of a vehicle that is being removed under authority of subsection (b) of this section, arrives after the vehicle has been prepared for removal, but prior to the actual removal from the property, the towing service shall give the vehicle owner or operator oral or written notification at the time of such arrival that the vehicle owner or operator may pay a fee of not more than one-half of the fee for the removal of the vehicle established by the Public Service Commission in rules adopted under Ohio R.C. 4921.25, in order to obtain release of the vehicle.  That fee may be paid by use of a major credit card unless the towing service uses a mobile credit card processor and mobile service is not available at the time of the transaction.  Upon payment of that fee, the towing service shall give the vehicle owner or operator a receipt showing both the full amount normally assessed and the actual amount received and shall release the vehicle to the owner or operator.  Upon its release the owner or operator immediately shall move the vehicle so that the vehicle is not parked on the private property established as a private tow-away zone without the consent of the owner of the private property or in violation of any posted parking condition or regulation.
4.  
   1. Prior to towing a vehicle under subsection (b) of this section, a towing service shall make all reasonable efforts to take as many photographs as necessary to evidence that the vehicle is clearly parked on private property in violation of a private tow-away zone established under subsection (a) of this section. The towing service shall record the time and date of the photographs taken under this section.  The towing service shall retain the photographs and the record of the time and date, in electronic or printed form, for at least thirty days after the date on which the vehicle is recovered by the owner or lienholder or at least two years after the date on which the vehicle was towed, whichever is earlier.
   2. A towing service shall deliver a vehicle towed under subsection (b) of this section to the location from which it may be recovered not more than two hours after the time it was removed from the private tow-away zone, unless the towing service is unable to deliver the motor vehicle within two hours due to an uncontrollable force, natural disaster, or other event that is not within the power of the towing service.
5.  
   1. If an owner of a private property that is established as a private tow-away zone in accordance with subsection (a) of this section causes the removal of a vehicle from that property by a towing service under subsection (b) of this section, the towing service, within two hours of removing the vehicle, shall provide notice to the Police Department concerning all of the following:
      1. The vehicle’s license number, make, model and color;
      2. The location from which the vehicle was removed;
      3. The date and time the vehicle was removed;
      4. The telephone number of the person from whom the vehicle may be recovered;
      5. The address of the place from which the vehicle may be recovered.
   2. The Chief of Police shall maintain a record of any vehicle removed from private property in the Chief’s jurisdiction that is established as a private tow-away zone of which the Chief has received notice under this section.  The record shall include all information submitted by the towing service.  The Chief shall provide any information in the record that pertains to a particular vehicle to a person who, either in person or pursuant to a telephone call, identifies self as the owner, operator or lienholder of the vehicle, and requests information pertaining to the vehicle.
6.  
   1. When a vehicle is removed from private property in accordance with this section, within three days of the removal, the towing service or storage facility from which the vehicle may be recovered shall cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the identity of the owner and any lienholder of the motor vehicle.  The Registrar of Motor Vehicles shall insure that such information is provided in a timely manner.  Subject to subsection (f)(4) of this section, the towing service or storage facility shall send notice to the vehicle owner and any known lienholder as follows:
      1. Within five business days after the Registrar of Motor Vehicles provides the identity of the owner and any lienholder of the motor vehicle, if the vehicle remains unclaimed, to the owner’s and lienholder’s last known address by certified or express mail with return receipt requested or by a commercial carrier service utilizing any form of delivery requiring a signed receipt;
      2. If the vehicle remains unclaimed thirty days after the first notice is sent, in the manner required under subsection (f)(1)A. of this section;
      3. If the vehicle remains unclaimed forty-five days after the first notice is sent, in the manner required under subsection (f)(1)A. of this section.
   2. Sixty days after any notice sent pursuant to subsection (f)(1) of this section is received, as evidenced by a receipt signed by any person, or the towing service or storage facility has been notified that delivery was not possible, the towing service or storage facility, if authorized under subsection (B) of Ohio R.C. 4505.101, may initiate the process for obtaining a certificate of title to the motor vehicle as provided in that section.
   3. A towing service or storage facility that does not receive a signed receipt of notice, or a notification that delivery was not possible, shall not obtain, and shall not attempt to obtain, a certificate of title to the motor vehicle under division (B) of Ohio R.C. 4505.101.
   4. With respect to a vehicle concerning which a towing service or storage facility is not eligible to obtain title under Ohio R.C. 4505.101, the towing service or storage facility need only comply with the initial notice required under subsection (f)(1)A. of this section.
7.  
   1. The owner or lienholder of a vehicle that is removed under subsection (b) of this section may reclaim it upon both of the following:
      1. Presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle, a certificate of registration for the motor vehicle or a lease agreement;
      2. Payment of the following fees:
         1. All applicable fees established by the Public Utilities Commission in rules adopted under Ohio R.C. 4921.25, except that the lienholder of a vehicle may retrieve the vehicle without paying any storage fee for the period of time that the vehicle was in the possession of the towing service or storage facility prior to the date the lienholder received the notice sent under subsection (f)(1)A. of this section;
         2. If notice has been sent to the owner and lienholder as described in subsection (f) of this section, a processing fee of twenty-five dollars ($25.00).
   2. A towing service or storage facility in possession of a vehicle that is removed under authority of subsection (b) of this section shall show the vehicle owner, operator or lienholder who contests the removal of the vehicle all photographs taken under subsection (d) of this section.  Upon request, the towing service or storage facility shall provide a copy of all photographs in the medium in which the photographs are stored, whether paper, electronic, or otherwise.
   3. When the owner of a vehicle towed under this section retrieves the vehicle, the towing service or storage facility in possession of the vehicle shall give the owner written notice that if the owner disputes that the motor vehicle was lawfully towed, the owner may be able to file a civil action under Ohio R.C. 4513.611.
   4. Upon presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle, a certificate of registration for the motor vehicle or a lease agreement, the owner of a vehicle that is removed under authority of subsection (b) of this section may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee.  The owner of the vehicle shall not retrieve any personal items from a vehicle if it would endanger the safety of the owner, unless the owner agrees to sign a waiver of liability.  For purposes of subsection (g)(4) of this section, “personal items” do not include any items that are attached to the vehicle.
8. No person shall remove, or cause the removal of any vehicle from private property that is established as a private tow-away zone under this section, or store such a vehicle other than in accordance with this section, or otherwise fail to comply with any applicable requirement of this section.
9. This section does not affect or limit the operation of Ohio R.C. 4513.60 or Ohio R.C. 4513.61 to 4613.65 as they relate to property other than private property that is established as a private tow-away zone under subsection (a) of this section.
10. Whoever violates subsection (h) of this section is guilty of a minor misdemeanor.
11. As used in this section, “owner of a private property” or “owner of the private property” includes, with respect to a private property, any of the following:
    1. Any person who holds title to the property;
    2. Any person who is a lessee or sublessee with respect to a lease or sublease agreement for the property;
    3. A person who is authorized to manage the property;
    4. A duly authorized agent of any person listed in subsections (k)(1) to (3) of this section.  

(ORC 4513.601)

Section 303.12 Leaving Junk Vehicles on Private or Public Property Without Permission Or Notification

No person shall willfully leave any vehicle or an "abandoned junk motor vehicle" on private property for more than seventy-two 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 parking, or upon or within the right of way of any road or highway, for forty-eight consecutive hours or longer, without notification to the Police Chief of the reasons for leaving the vehicle in such place.

1. An "abandoned junk motor vehicle" means any motor vehicle meeting either of the following requirements:
   1. Extensively damaged, such damage including but not limited to any of the following:  missing wheels, tires, motor or transmission; or
   2. Apparently inoperable.
      • For purposes of this section, the fact that a vehicle has been so left without permission or notification is prima-facie evidence of abandonment. Nothing contained in this section shall invalidate the provisions of other ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property or private property within the Municipality.
2. Whoever violates this section is guilty of a minor misdemeanor, and shall also be assessed any costs incurred by the Municipality in disposing of such junk motor vehicle, less any money accruing to the Municipality from such disposal.

Section 303.13 Leaving Junk Vehicles on Private Property with Permission of Owner

1. For the purposes of this section, "junk motor vehicle" means any motor vehicle which is:
   1. Extensively damaged, such damage including but not limited to any of the following:  missing wheels, tires, motor or transmission; or
   2. Apparently inoperable, and that is left uncovered in the open on private property for more than seventy-two hours with the permission of the person having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under authority of Ohio R.C. 4737.05 to 4737.12; or regulated under authority of the Municipality; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation.
      • Council, the Chief of Police or the Municipal Zoning Authority, may send notice by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure or shall be removed from the property.
      • No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section.  The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice.  Each subsequent period of thirty days that a junk motor vehicle continues to be so left constitutes a separate offense.
2. Whoever violates this section is guilty of a minor misdemeanor.

(ORC 4513.65)

Section 303.14 Providing False Information to Police Office

1. 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.  (ORC 4513.361)
2. No person, charged with violating any provision of this Traffic Code, shall present a citation notice or file a written plea of guilty with the Clerk of Court under a name other than his correct and true name.
3. Whoever violates this section is guilty of a misdemeanor of the first degree.

Section 303.15 Mayor and/or City Administrator to Authorize Parking Tickets

The Mayor and/or City Administrator is authorized and directed to supply police officers with parking tickets, for the purpose of giving notice to persons violating any parking provisions of this Traffic Code or of other laws or ordinances affecting the use of highways.  The notice may be given by delivering the ticket to the violator or by affixing the ticket to the vehicle on the windshield, or some other place where it can be easily seen by the owner.  The ticket shall direct the violator to appear and to present such ticket at a designated office of the City at or before a date and hour specified thereon.

Nothing in this section shall be construed to abridge the power of a police officer to arrest any violator and take him into custody.

Section 303.98 General Traffic Code Penalties

1. General Misdemeanor Classifications.  Whoever violates any provision of this Traffic Code for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor. (ORC 4513.99)
2. Penalties.  Whoever is convicted of or pleads guilty to a violation of this Traffic Code shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.

(ORC 2929.24; 2929.28)

Section 303.99 Committing an Offense While Distracted Penalty

1. As used in this section and each section of the Traffic Code where specified, all of the following apply:
   1. “Distracted” means doing either of the following while operating a vehicle:
      1. Using a handheld electronic wireless communications device, as defined in Ohio R.C. 4511.204 except when utilizing any of the following:
         1. The device’s speakerphone function;
         2. A wireless technology standard for exchanging data over short distances;
         3. A “voice-operated or hands-free” device that allows the person to use the electronic wireless communications device without the use of either hand except to activate, deactivate, or initiate a feature or function;
         4. Any device that is physically or electronically integrated into the motor vehicle.
      2. Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
   2. “Distracted” does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time.  A person who so wears earphones or earplugs may be charged with a violation of Section 331.43.
   3. “Distracted” does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage or a circumstance affecting the health or safety of individuals. As used in subsection (a)(3) of this section:
      1. “Utility” means an entity specified in division (A), (C), (D), (E) or (G) of Ohio R.C. 4905.03.
      2. “Utility service vehicle” means a vehicle owned or operated by a utility.
2. If an offender violates any section of this Traffic Code which provides for an enhanced penalty for an offense committed while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding Ohio R.C. 2929.28, is subject to an additional fine of not more than one hundred dollars ($100.00) as follows:
   1. Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation or summons for a violation of any section of the Traffic Code that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of one hundred dollars ($100.00). In lieu of payment of the additional fine of one hundred dollars ($100.00), the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Ohio Director of Public Safety.  If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course.  The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of one hundred dollars ($100.00), so long as the offender submits to the court both the offender’s payment in full and such written evidence.
   2. If the offender appears in person to contest the ticket, citation or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than one hundred dollars ($100.00). If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than one hundred dollars ($100.00), the court shall inform the offender that, in lieu of payment of the additional fine of not more than one hundred dollars ($100.00), the offender instead may elect to attend the distracted driving safety course described in subsection (b)(1) of this section.  If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course.  The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than one hundred dollars ($100.00), so long as the offender submits to the court the offender’s payment and such written evidence.

(ORC 4511.991)

Chapter 305 Traffic Control

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Section 305.01 Placement of Traffic Control Devices and Markings; Standards

The Mayor and/or Director of Administration shall place and maintain traffic control devices and signals, when and as required under the traffic ordinances of this Municipality, to make effective the provisions of such ordinances, and they are authorized to place and maintain such additional traffic control devices and signals as they deem necessary for the proper control of traffic, and pursuant to this authority have the power to:

1. Establish traffic control signal intersections;
2. Determine and designate one-way streets;
3. Establish stop and yield right of way intersections;
4. Place markings or signs for turning at intersections;
5. Designate certain routes as through streets;
6. Establish and designate pedestrian crosswalks and safety zones;
7. Regulate and limit parking on streets, including parking meter zones;
8. Designate bus loading zones, taxicab stands and loading zones;
9. Mark traffic lanes, center lines and individual parking spaces; and
10. Designate play streets and zones of quiet.

Section 305.02 Conformity with State Code

All traffic control devices shall conform to the uniform system of traffic control devices as provided for in O.R.C. 4511.09.

Section 305.03 Written Order for Device Placement

The action of the Mayor and/or Director of Administration in placing, or causing the placement of, additional traffic control devices and signals pursuant to Section 305.01, shall not become effective until a written order therefor is issued by such official, a copy of which order shall be sent to the Chief of Police and the Clerk of Council.  Such orders of the Mayor and/or Director of Administration shall remain in effect until rescinded by them or by motion of Council.

Section 305.04 No Passing Zones

The Mayor and/or Director of Administration, unless Council shall direct otherwise, are hereby empowered to determine those portions of any street or roadway, where overtaking and passing other traffic or driving to the left of the center, or center line of the roadway would be especially hazardous and may, by appropriate signs or markings on the highway, indicate the beginning and end of such zones, such as no passing lines.

Section 305.05 Traffic Control File

There is established a Traffic Control File to show at all times the Municipality's current:

1. Through streets;
2. Stop intersections;
3. Yield right of way;
4. One-way streets and alleys;
5. Loading zones;
6. Prohibited and limited parking areas;
7. Angle parking areas;
8. Parking meter zones.

The Traffic Control File shall be prepared and kept in the Police Department and it shall be maintained by the Police Department.

Section 305.06 Amendments

Amendments to the Traffic Control File shall be made by legislation of Council.  Upon the effective date of such legislation and upon the erection of proper signs and markings giving notice thereof, amendments shall be in full force and effect.  All such amendments shall be recorded on the official Traffic Control File.

Section 305.07 Violations Subject to Misdemeanor Classification

Except as otherwise provided, any person violating the rules and regulations promulgated in connection with this chapter is guilty of a misdemeanor which shall be classified as provided in Section 303.99.