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Rutland Municipal Code
  • Rutland Municipal Code
    • Adoption
    • Certification
    • Roster of Officials
    • Title I: General Provisions
      • Chapter 10: General Provisions
    • Title III: Administration
      • Chapter 30: General Provisions
      • Chapter 31: Executive Authority
        • Subchapter A: General Provisions
        • Subchapter B: The Mayor
        • Subchapter C: The Clerk
        • Subchapter D: The Treasurer
        • Subchapter E: The Street Commissioner
        • Subchapter F: Other Officials
      • Chapter 32: Legislative Authority
        • Subchapter A: The Village Council
        • Subchapter B: Contracts, Bids and Proceedings
        • Subchapter C: Ordinances and Resolutions
        • Subchapter D: Initiative and Referendum
      • Chapter 33: Judicial Authority
        • Subchapter A: Mayor's Court
        • Subchapter B: Contempt of Court
      • Chapter 34: Department of Police
      • Chapter 35: Department of Fire
        • Subchapter A: General Provisions
        • Subchapter B: Volunteer Firefighters' Dependents Fund Board
      • Chapter 36: Civil Actions Against the Municipality
    • Title V: Public Works
      • Chapter 50: General Provisions
      • Chapter 51: Public Utilities
      • Chapter 52: Solid Waste Disposal
      • Chapter 53: Storm Water Control
    • Title VII: Traffic Code
      • Chapter 70: General Provisions
        • Subchapter A: General Provisions
        • Subchapter B: Traffic Control Devices
      • Chapter 71: Licensing Provisions
        • Subchapter A: Motor Vehicle Licensing
        • Subchapter B: Driver's Licenses
        • Subchapter C: Commercial Driver's Licenses
      • Chapter 72: Traffic Rules
        • Subchapter A: General Provisions
        • Subchapter B: Right-of-Way
        • Subchapter C: Pedestrians
        • Subchapter D: Grade Crossings
        • Subchapter E: School Buses
        • Subchapter F: Prohibitions
      • Chapter 73: Motor Vehicle Crimes
        • Subchapter A: Impaired Operation
        • Subchapter B: Reckless Operation; Speed Limits
        • Subchapter C: Stopping after Accident
      • Chapter 74: Equipment and Loads
        • Subchapter A: Equipment
        • Subchapter B: Loads
      • Chapter 75: Bicycles, Motorcycles and Off-Road Vehicles
        • Subchapter A: General Provisions
        • Subchapter B: Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles
      • Chapter 76: Parking Regulations
    • Title IX: General Regulations
      • Chapter 90: Animals
        • Subchapter A: Animals at Large
        • Subchapter B: Offenses Relating to Animals
      • Chapter 91: Fireworks, Explosives and Fire Prevention
        • Subchapter A: Fireworks and Explosives
        • Subchapter B: Fire Prevention
        • Subchapter C: Open Burning
      • Chapter 92: Intoxicating Liquors
      • Chapter 93: Nuisances
        • Subchapter A: General Provisions
        • Subchapter B: Septic Tanks, Cesspools and Refuse
        • Subchapter C: Weeds and Litter on Private Property
        • Subchapter D: Unclean Habitations
      • Chapter 94: Streets and Sidewalks
        • Subchapter A: General Provisions
        • Subchapter B: Construction and Repair
        • Subchapter C: Changes in Streets
      • Chapter 95: Unclaimed and Abandoned Vehicles
      • Chapter 96: Watercraft
    • Title XI: Business Regulations
      • Chapter 110: General Provisions
      • Chapter 111: Taxicabs
      • Chapter 112: Peddlers, Itinerant Merchants and Solicitors
      • Chapter 113: Commercial Amusements
      • Chapter 114: Tattooing and Body Piercing Services
    • Title XIII: General Offenses
      • Chapter 130: General Provisions
      • Chapter 131: Offenses Against Property
      • Chapter 132: Offenses Against Public Peace
      • Chapter 133: Sex Offenses
      • Chapter 134: Gambling Offenses
      • Chapter 135: Offenses Against Persons
      • Chapter 136: Offenses Against Justice and Administration
      • Chapter 137: Weapons Control
      • Chapter 138: Drug Offenses
    • Title XV: Land Usage
      • Chapter 150: General Provisions
        • Subchapter A: Parks and Recreation
        • Subchapter B: Planning and Zoning
        • Subchapter C: Streets, Rights-of-Ways and Addressing
        • Subchapter D: Building Department
      • Chapter 151: Agriculture, Animals and Livestock
      • Chapter 152: Commercial Development; Structures
        • Subchapter A: General Provisions
        • Subchapter B: Commercial Development
        • Subchapter C: Residential Development
        • Subchapter D: Dangerous Dwellings and Structures
        • Subchapter E: Manufactured Homes
      • Chapter 153: Flood Hazard Mitigation
    • Title XVII: Municipal Regulations
      • Chapter 170: The Municipality and its Government
        • Subchapter A: The Municipality
        • Subchapter B: Office of the Mayor
        • Subchapter C: Office of the Clerk-Fiscal Officer
        • Subchapter D: Office of the Marshal; Department of Police
        • Subchapter E: Office of the Street Commissioner; Department of Public Servi
        • Subchapter F: Department of Code Enforcement
        • Subchapter G: Department of Information Technology
      • Chapter 171: Other General Regulations
        • Subchapter A: Burial of Indigent Persons
        • Subchapter B: Juveniles
        • Subchapter C: Adult Use Cannabis Control
        • Subchapter D: Municipal Income Taxation
        • Subchapter E: Property, Utility and Motor Vehicle Taxation
      • Recodification and Reorganization of Title XVII
Rutland Municipal Code
Rutland Municipal Code > Title VII: Traffic Code > Chapter 70: General Provisions > Subchapter B: Traffic Control Devices
Subchapter B: Traffic Control Devices
§ 70.30 OBEYING TRAFFIC-CONTROL DEVICES.
§ 70.31 SIGNAL LIGHTS.
§ 70.32 SIGNALS OVER REVERSIBLE LANES.
§ 70.33 AMBIGUOUS OR NON-WORKING TRAFFIC SIGNALS.
§ 70.34 PEDESTRIAN-CONTROL SIGNALS.
§ 70.35 UNAUTHORIZED SIGNS AND SIGNALS PROHIBITED.
§ 70.36 ALTERATION, DEFACEMENT, OR REMOVAL PROHIBITED.
§ 70.37 UNAUTHORIZED POSSESSION OR SALE OF DEVICES.
§ 70.38 SIGNAL PREEMPTION DEVICES; PROHIBITIONS.
§ 70.99 PENALTY.

Subchapter B: Traffic Control Devices


§ 70.30 OBEYING TRAFFIC-CONTROL DEVICES.

   (A)   (1)   No pedestrian or driver of a vehicle shall disobey the instructions of any traffic-control device placed in accordance with the provisions of this traffic code, unless at the time otherwise directed by a police officer.

      (2)   No provision of this traffic code for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section of this traffic code does not state that signs are required, that section shall be effective even though no signs are erected or in place.

(R.C. § 4511.12(A))

   (B)   (1)   Except as provided in division (C) of this section, any operator of a commercial motor vehicle, upon approaching a scale location established for the purpose of determining the weight of the vehicle and its load, shall comply with any traffic control device or the order of a peace officer directing the vehicle to proceed to be weighed or otherwise inspected.

      (2)   Any operator of a commercial motor vehicle, upon bypassing a scale location in accordance with division (C) of this section, shall comply with an order of a peace officer to stop the vehicle to verify the use and operation of an electronic clearance device.

   (C)   Any operator of a commercial motor vehicle that is equipped with an electronic clearance device authorized by the Superintendent of the State Highway Patrol under R.C. § 4549.081 may bypass a scale location, regardless of the instruction of a traffic control device to enter the scale facility, if either of the following apply:

      (1)   The in-cab transponder displays a green light or other affirmative visual signal and also sounds an affirmative audible signal;

      (2)   Any other criterion established by the Superintendent of the State Highway Patrol is met.

   (D)   Any peace officer may order the operator of a commercial motor vehicle that bypasses a scale location to stop the vehicle to verify the use and operation of an electronic clearance device.

   (E)   As used in this section, COMMERCIAL MOTOR VEHICLE means any combination of vehicles with a gross vehicle weight rating or an actual gross vehicle weight of more than 10,000 pounds if the vehicle is used in interstate or intrastate commerce to transport property and also means any vehicle that is transporting hazardous materials for which placarding is required pursuant to 49 C.F.R. parts 100 through 180.

(R.C. § 4511.121(A) - (C), (E))

   (F)   No person shall use an electronic clearance device if the device or its use is not in compliance with rules of the Superintendent of the State Highway Patrol.

(R.C. § 4549.081(B))

   (G)   (1)   Except as otherwise provided in this division, whoever violates division (A) of 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 division (A) of 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 division (A) of this section is guilty of a misdemeanor of the third degree. 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 § 70.99(B).

(R.C. § 4511.12(B)) (Rev. 2019)

      (2)   Whoever violates division (B) of 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 a violation of division (B) of this section or any substantially equivalent state law or municipal ordinance, whoever violates division (B) of 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 or pleaded guilty to two or more violations of division (B) of this section or any substantially equivalent state law or municipal ordinance, whoever violates division (B) of this section is guilty of a misdemeanor of the third degree. 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 § 70.99(B).

(R.C. § 4511.121(D)) (Rev. 2019)

      (3)   Whoever violates division (F) of this section is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.

(R.C. § 4549.081(C)) (Rev. 2005)

Statutory reference:Placing traffic-control devices on state highways, permission required, see R.C. § 4511.10Traffic-control devices to conform to the state manual and specifications, see R.C. § 4511.11Uniform system of traffic-control devices, see R.C. § 4511.09

§ 70.31 SIGNAL LIGHTS.

   Highway traffic signal indications for vehicles and pedestrians shall have the following meanings:

   (A)   Steady green signal indication.

      (1)   (a)   Vehicular traffic facing a circular green signal indication is permitted to proceed straight through or turn right or left or make a u-turn movement except as such movement is modified by a lane-use sign, turn prohibition sign, lane marking, roadway design, separate turn signal indication, or other traffic control device. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:

            1.   Pedestrians lawfully within an associated crosswalk;

            2.   Other vehicles lawfully within the intersection.

         (b)   In addition, vehicular traffic turning left or making a u-turn movement to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.

      (2)   Vehicular traffic facing a green arrow signal indication, displayed alone or in combination with another signal indication, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:

         (a)   Pedestrians lawfully within an associated crosswalk;

         (b)   Other traffic lawfully using the intersection.

      (3)   (a)   Unless otherwise directed by a pedestrian signal indication, as provided in R.C. § 4511.14, pedestrians facing a circular green signal indication are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection or so close as to create an immediate hazard at the time that the green signal indication is first displayed.

         (b)   Pedestrians facing a green arrow signal indication, unless otherwise directed by a pedestrian signal indication or other traffic control device, shall not cross the roadway.

   (B)   Steady yellow signal indication.

      (1)   Vehicular traffic facing a steady circular yellow signal indication is thereby warned that the related green movement or the related flashing arrow movement is being terminated or that a steady red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady circular yellow signal indication is displayed.

      (2)   Vehicular traffic facing a steady yellow arrow signal indication is thereby warned that the related green arrow movement or the related flashing arrow movement is being terminated. The provisions governing vehicular operation under the movement being terminated shall continue to apply while the steady yellow arrow signal indication is displayed.

      (3)   Pedestrians facing a steady circular yellow or yellow arrow signal indication, unless otherwise directed by a pedestrian signal indication as provided in R.C. § 4511.14 or other traffic control device, shall not start to cross the roadway.

   (C)   Steady red signal indication.

      (1)   (a)   Vehicular traffic facing a steady circular red signal indication, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal indication to proceed is displayed except as provided in divisions (C)(1), (C)(2), and (C)(3) of this section.

         (b)   Except when a traffic control device is in place prohibiting a turn on red or a steady red arrow signal indication is displayed, vehicular traffic facing a steady circular red signal indication is permitted, after stopping, to enter the intersection to turn right, or to turn left from a one-way street into a one-way street. The right to proceed with the turn shall be subject to the provisions that are applicable after making a stop at a stop sign.

      (2)   (a)   Vehicular traffic facing a steady red arrow signal indication shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal indication or other traffic control device permitting the movement indicated by such red arrow is displayed.

         (b)   When a traffic control device is in place permitting a turn on a steady red arrow signal indication, vehicular traffic facing a steady red arrow indication is permitted, after stopping, to enter the intersection to turn right, or to turn left from a one-way street into a one-way street. The right to proceed with the turn shall be limited to the direction indicated by the arrow and shall be subject to the provisions that are applicable after making a stop at a stop sign.

      (3)   Unless otherwise directed by a pedestrian signal indication as provided in R.C. § 4511.14 or other traffic control device, pedestrians facing a steady circular red or steady red arrow signal indication shall not enter the roadway.

      (4)   Local authorities by ordinance, or the Director of Transportation on state highways, may prohibit a right or a left turn against a steady red signal at any intersection, which shall be effective when signs giving notice thereof are posted at the intersection.

   (D)   Flashing green signal indication. A flashing green signal indication has no meaning and shall not be used.

   (E)   Flashing yellow signal indication.

      (1)   (a)   Vehicular traffic, on an approach to an intersection, facing a flashing circular yellow signal indication, is permitted to cautiously enter the intersection to proceed straight through or turn right or left or make a u- turn movement except as such movement is modified by lane-use signs, turn prohibition signs, lane markings, roadway design, separate turn signal indications, or other traffic control devices. Such vehicular traffic, including vehicles turning right or left or making a u-turn movement, shall yield the right-of-way to both of the following:

            1.   Pedestrians lawfully within an associated crosswalk;

            2.   Other vehicles lawfully within the intersection.

         (b)   In addition, vehicular traffic turning left or making a u-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.

      (2)   (a)   Vehicular traffic, on an approach to an intersection, facing a flashing yellow arrow signal indication, displayed alone or in combination with another signal indication, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or other such movement as is permitted by other signal indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a u-turn, shall yield the right-of-way to both of the following:

            1.   Pedestrians lawfully within an associated crosswalk;

            2.   Other vehicles lawfully within the intersection.

         (b)   In addition, vehicular traffic turning left or making a u-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.

      (3)   Pedestrians facing any flashing yellow signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing yellow signal indication is first displayed.

      (4)   When a flashing circular yellow signal indication is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory or warning requirements of the other traffic control device, which might not be applicable at all times, are currently applicable.

   (F)   Flashing red signal indication.

      (1)   Vehicular traffic, on an approach to an intersection, facing a flashing circular red signal indication, shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the provisions that are applicable after making a stop at a stop sign.

      (2)   Pedestrians facing any flashing red signal indication at an intersection, unless otherwise directed by a pedestrian signal indication or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing red signal indication is first displayed.

      (3)   When a flashing circular red signal indication is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay additional attention to the message contained thereon or that the regulatory requirements of the other traffic control device, which might not be applicable at all times, are currently applicable. Use of this signal indication shall be limited to supplementing stop, do not enter, or wrong way signs, and to applications where compliance with the supplemented traffic control device requires a stop at a designated point.

   (G)   In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

   (H)   This section does not apply at railroad grade- crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by R.C. §§ 4511.61 and 4511.62.

(R.C. § 4511.13) (Rev. 2014)


§ 70.32 SIGNALS OVER REVERSIBLE LANES.

   The meanings of lane-use control signal indications are as follows:

   (A)   A steady downward green arrow. A road user is permitted to drive in the lane over which the arrow signal indication is located.

   (B)   A steady yellow “X”. A road user is to prepare to vacate the lane over which the signal indication is located because a lane control change is being made to a steady red “X” signal indication.

   (C)   A steady white two-way left-turn arrow. A road user is permitted to use a lane over which the signal indication is located for a left turn, but not for through travel, with the understanding that common use of the lane by oncoming road users for left turns also is permitted.

   (D)   A steady white one-way left-turn arrow. A road user is permitted to use a lane over which the signal indication is located for a left turn, without opposing turns in the same lane, but not for through travel.

   (E)   A steady red “X”. A road user is not permitted to use the lane over which the signal indication is located and that this signal indication shall modify accordingly the meaning of other traffic controls present.

(R.C. § 4511.131) (Rev. 2013)


§ 70.33 AMBIGUOUS OR NON-WORKING TRAFFIC SIGNALS.

   (A)   The driver of a vehicle who approaches an intersection where traffic is controlled by traffic control signals shall do all of the following if the signal facing the driver exhibits no colored lights or colored lighted arrows, exhibits a combination of such lights or arrows that fails to clearly indicate the assignment of right-of-way, or, if the vehicle is a bicycle or an electric bicycle, the signals are otherwise malfunctioning due to the failure of a vehicle detector to detect the presence of the bicycle or electric bicycle:

      (1)   Stop at a clearly marked stop line, but if none, stop before entering the crosswalk on the near side of the intersection, or, if none, stop before entering the intersection;

      (2)   Yield the right-of-way to all vehicles in the intersection or approaching on an intersecting road, if the vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways;

      (3)   Exercise ordinary care while proceeding through the intersection.

   (B)   Except as otherwise provided in this division, 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.

   (C)   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 § 70.99(B).

(R.C. § 4511.132) (Rev. 2020)


§ 70.34 PEDESTRIAN-CONTROL SIGNALS.

   Whenever special pedestrian-control signals exhibiting the words “walk” or “don’t walk”, or the symbol of a walking person or an upraised palm are in place, these signals shall indicate the following instructions:

   (A)   A steady walking person signal indication, which symbolizes “walk”, means that a pedestrian facing the signal indication is permitted to start to cross the roadway in the direction of the signal indication, possibly in conflict with turning vehicles. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the time that the walking person signal indication is first shown.

   (B)   A flashing upraised hand signal indication, which symbolizes “don’t walk”, means that a pedestrian shall not start to cross the roadway in the direction of the signal indication, but that any pedestrian who has already started to cross on a steady walking person signal indication shall proceed to the far side of the traveled way of the street or highway, unless otherwise directed by a traffic control device to proceed only to the median of a divided highway or only to some other island or pedestrian refuge area.

   (C)   A steady upraised hand signal indication means that a pedestrian shall not enter the roadway in the direction of the signal indication.

   (D)   Nothing in this section shall be construed to invalidate the continued use of pedestrian control signals utilizing the word “wait” if those signals were installed prior to March 28, 1985.

   (E)   A flashing walking person signal indication has no meaning and shall not be used.

(R.C. § 4511.14) (Rev. 2013)


§ 70.35 UNAUTHORIZED SIGNS AND SIGNALS PROHIBITED.

   (A)   (1)   No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be, is an imitation of, or resembles a traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or hides from view or interferes with the effectiveness of any traffic-control device or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit, upon any highway any traffic sign or signal bearing thereon any commercial advertising. This section does not prohibit either the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for traffic-control devices, or the erection upon private property of traffic-control devices by the owner of real property in accordance with R.C. §§ 4511.211 and 4511.432.

      (2)   Every prohibited sign, signal, marking, or device is a public nuisance, and the authority having jurisdiction over the highway may remove the same or cause it to be removed.

   (B)   Except as otherwise provided in this division, 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.

(R.C. § 4511.16) (Rev. 2013)


§ 70.36 ALTERATION, DEFACEMENT, OR REMOVAL PROHIBITED.

   (A)   No person, without lawful authority, shall do any of the following:

      (1)   Knowingly move, deface, damage, destroy, or otherwise improperly tamper with any traffic-control device, any railroad sign or signal, or any inscription, shield, or insignia on the device, sign, or signal, or any part of the device, sign, or signal;

      (2)   Knowingly drive upon or over any freshly applied pavement marking material on the surface of a roadway while the marking material is in an undried condition, and is marked by flags, markers, signs, or other devices intended to protect it;

      (3)   Knowingly move, damage, destroy, or otherwise improperly tamper with a manhole cover.

   (B)   (1)   Except as otherwise provided in this division, whoever violates division (A)(1) or (A)(3) of this section is guilty of a misdemeanor of the third degree. If a violation of division (A)(1) or (A)(3) of this section creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first degree. If a violation of division (A)(1) or (A)(3) of this section causes serious physical harm to property that is owned, leased, or controlled by a state or local authority, the offender is guilty of a felony to be prosecuted under appropriate state law.

      (2)   Except as otherwise provided in this division, whoever violates division (A)(2) of 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 division (A)(2) of 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 division (A)(2) of this section is guilty of a misdemeanor of the third degree.

(R.C. § 4511.17) (Rev. 2013)


§ 70.37 UNAUTHORIZED POSSESSION OR SALE OF DEVICES.

   (A)   As used in this section, TRAFFIC CONTROL DEVICE means any sign, traffic control signal or other device conforming to and placed or erected in accordance with the manual adopted under R.C. § 4511.09 by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic, including signs denoting the names of streets and highways, but does not mean any pavement marking.

   (B)   No individual shall buy or otherwise possess, or sell, a traffic control device, except when one of the following applies:

      (1)   In the course of the individual’s employment by the state or a local authority for the express or implied purpose of manufacturing, providing, erecting, moving or removing such a traffic control device;

      (2)   In the course of the individual’s employment by any manufacturer of traffic control devices other than a state or local authority;

      (3)   For the purpose of demonstrating the design and function of a traffic control device to state or local officials;

      (4)   When the traffic control device has been purchased from the state or a local authority at a sale of property that is no longer needed or is unfit for use; or

      (5)   When the traffic control device has been properly purchased from a manufacturer for use on private property and the person possessing the device has a sales receipt for the device or other acknowledgment of sale issued by the manufacturer.

   (C)   This section does not preclude, and shall not be construed as precluding, prosecution for theft in violation of R.C. § 2913.02, or a substantially equivalent municipal ordinance, or for receiving stolen property in violation of R.C. § 2913.51, or a substantially equivalent municipal ordinance.

   (D)   Whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. § 4511.18) (Rev. 2013)


§ 70.38 SIGNAL PREEMPTION DEVICES; PROHIBITIONS.

   (A)   (1)   No person shall possess a portable signal preemption device.

      (2)   No person shall use a portable signal preemption device to affect the operation of a traffic-control device.

   (B)   Division (A)(1) of this section does not apply to any of the following persons and division (A)(2) of this section does not apply to any of the following persons when responding to an emergency call:

      (1)   A peace officer, as defined in R.C. § 109.71(A)(1), (A)(12), (A)(14), or (A)(19);

      (2)   A state highway patrol officer;

      (3)   A person while occupying a public safety vehicle as defined in R.C. § 4511.01(E)(1), (E)(3), or (E)(4).

   (C)   Whoever violates division (A)(1) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (A)(2) of this section is guilty of a misdemeanor of the first degree.

   (D)   As used in this section, PORTABLE SIGNAL PREEMPTION DEVICE means a device that, if activated by a person, is capable of changing a traffic-control signal to green out of sequence.

(R.C. § 4511.031) (Rev. 2013)


§ 70.99 PENALTY.

   (A)   Generally. Whoever violates any provision of this traffic code for which no penalty otherwise is provided in the section violated is guilty of one of the following:

      (1)   Except as otherwise provided in division (A)(2) or (A)(3) of this section, a minor misdemeanor;

      (2)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, a misdemeanor of the fourth degree;

      (3)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.

(R.C. § 4511.99) (Rev. 2004)

   (B)   Violations committed while distracted.

      (1)   As used in this section and each section referenced in division (B)(2) of this section, all of the following apply:

         (a)   “Distracted” means doing either of the following while operating a vehicle:

            1.   Using an electronic wireless communications device, as defined in R.C. § 4511.204, in violation of that section;

            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.

         (b)   “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 R.C. § 4511.84, or any substantially equivalent municipal ordinance.

         (c)   “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 this division (B)(1)(c):

            UTILITY. An entity specified in R.C. § 4905.03(A), (C), (D), (E), or (G).

            UTILITY SERVICE VEHICLE. A vehicle owned or operated by a utility.

      (2)   If an offender violates R.C. § 4511.03, 4511.051, 4511.12, 4511.121, 4511.132, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, or 4511.73, or any substantially equivalent municipal ordinance, 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 R.C. § 2929.28, is subject to an additional fine of not more than $100 as follows:

         (a)   1.   Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of the Ohio Revised Code, or any substantially equivalent municipal ordinance, 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 $100.

            2.   In lieu of payment of the additional fine of $100, 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 $100, so long as the offender submits to the court both the offender’s payment in full and such written evidence within 90 days of the underlying violation that resulted in the imposition of the additional fine under division (B) of this section.

         (b)   1.   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 $100.

            2.   If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than $100, the court shall inform the offender that, in lieu of payment of the additional fine of not more than $100, the offender instead may elect to attend the distracted driving safety course described in division (B)(2)(a) 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 $100, so long as the offender submits to the court the offender’s payment and such written evidence within 90 days of the underlying violation that resulted in the imposition of the additional fine under division (B) of this section.

      (3)    If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the sections of the Revised Code listed in division (B)(2) of this section 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 officer shall do both of the following:

         (a)   Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;

         (b)   Ensure that such report indicates the offender’s race.

(R.C. § 4511.991) (Rev. 2024)

   (C)   Sentencing. Whoever is convicted of or pleads guilty to a misdemeanor or minor misdemeanor shall be sentenced in accordance with § 130.99.

Cross-reference:Imposing sentence for misdemeanor, see § 130.18Multiple sentences, see § 130.19Statutory reference:Reimbursement for costs of confinement, see R.C. §§ 2929.36 et seq.
Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. The Council of the Village of Rutland provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly.Hosted by: The Council of the Village of Rutland
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