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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 31A: General Provisions
        • Subchapter 31B: The Mayor
        • Subchapter 31C: The Clerk
        • Subchapter 31D: The Treasurer
        • Subchapter 31E: The Street Commissioner
        • Subchapter 31F: Other Officials
      • Chapter 32: Legislative Authority
        • Subchapter 32A: General Provisions
        • Subchapter 32B: Contracts, Bids and Proceedings
        • Subchapter 32C: Ordinances and Resolutions
        • Subchapter 32D: Initiative and Referendum
      • Chapter 33: Judicial Authority
        • Subchapter 33A: Mayor's Court
        • Subchapter 33B: Contempt of Court
      • Chapter 34: Department of Police
      • Chapter 35: Department of Fire
        • Subchapter 35A: General Provisions
        • Subchapter 35B: 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 70A: General Provisions
        • Subchapter 70B: Traffic Control Devices
      • Chapter 71: Licensing Provisions
        • Subchapter 71A: Motor Vehicle Licensing
        • Subchapter 71B: Driver's Licenses
        • Subchapter 71C: Commercial Driver's Licenses
      • Chapter 72: Traffic Rules
        • Subchapter 72A: General Provisions
        • Subchapter 72B: Right-of-Way
        • Subchapter 72C: Pedestrians
        • Subchapter 72D: Grade Crossings
        • Subchapter 72E: School Buses
        • Subchapter 72F: Prohibitions
      • Chapter 73: Motor Vehicle Crimes
        • Subchapter 73A: Impaired Operation
        • Subchapter 73B: Reckless Operation; Speed Limits
        • Subchapter 73C: Stopping after Accident
      • Chapter 74: Equipment and Loads
        • Subchapter 74A: Equipment
        • Subchapter 74B: Loads
      • Chapter 75: Bicycles, Motorcycles and Off-Road Vehicles
        • Subchapter 75A: General Provisions
        • Subchapter 75B: Snowmobiles, OHM and APV
      • Chapter 76: Parking Regulations
    • Title IX: General Regulations
      • Chapter 90: Animals
        • Subchapter 90A: Animals at Large
        • Subchapter 90B: Offenses Relating to Animals
      • Chapter 91: Fireworks, Explosives and Fire Prevention
        • Subchapter 91A: Fireworks and Explosives
        • Subchapter 91B: Fire Prevention
        • Subchapter 91C: Open Burning
      • Chapter 92: Intoxicating Liquors
      • Chapter 93: Nuisances
        • Subchapter 93A: General Provisions
        • Subchapter 93B: Septic Tanks, Cesspools and Refuse
        • Subchapter 93C: Weeds and Litter on Private Property
        • Subchapter 93D: Unclean Habitations
      • Chapter 94: Streets and Sidewalks
        • Subchapter 94A: General Provisions
        • Subchapter 94B: Construction and Repair
        • Subchapter 94C: 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 150A: Parks and Recreation
        • Subchapter 150B: Planning and Zoning
        • Subchapter 150C: Streets, Rights-of-Ways and Addressing
        • Subchapter 150D: Building Department
      • Chapter 151: Agriculture, Animals and Livestock
      • Chapter 152: Commercial Development; Structures
        • Subchapter 152A: General Provisions
        • Subchapter 152B: Commercial Development
        • Subchapter 152C: Residential Development
        • Subchapter 152D: Dangerous Dwellings and Structures
        • Subchapter 152E: Manufactured Homes
      • Chapter 153: Flood Hazard Mitigation
      • Chapter 154: Uban Forestry Program
    • Title XVII: Municipal Regulations
      • Chapter 170: The Municipality and its Government
        • Subchapter 170A: The Municipality
        • Subchapter 170B: Office of the Mayor
        • Subchapter 170C: Office of the Clerk-Fiscal Officer
        • Subchapter 170D: Office of the Marshal; Department of Police
        • Subchapter 170E: Office of the Street Commissioner; DPS
        • Subchapter 170F: Department of Code Enforcement
        • Subchapter 170G: Department of Information Technology
      • Chapter 171: Other General Regulations
        • Subchapter 171A: Burial of Indigent Persons
        • Subchapter 171B: Juveniles
        • Subchapter 171C: Adult Use Cannabis Control
        • Subchapter 171D: Municipal Income Taxation
        • Subchapter 171E: Property, Utility and Motor Vehicle Taxation
      • Recodification and Reorganization of Title XVII
  • Record of Ordinances
Rutland Municipal Code
Rutland Municipal Code > Title VII: Traffic Code > Chapter 72: Traffic Rules > Subchapter B: Right-of-Way
Subchapter B: Right-of-Way
§ 72.030 RIGHT-OF-WAY AT INTERSECTIONS.
§ 72.031 RIGHT-OF-WAY WHEN TURNING LEFT.
§ 72.032 RIGHT-OF-WAY AT THROUGH HIGHWAYS; STOP SIGNS; YIELD SIGNS.
§ 72.033 STOP AT SIDEWALK AREA; STOP SIGNS ON PRIVATE ROADS AND DRIVEWAYS.
§ 72.034 RIGHT-OF-WAY ON PUBLIC HIGHWAY.
§ 72.035 PEDESTRIAN ON SIDEWALK HAS RIGHT-OF-WAY.
§ 72.036 RIGHT-OF-WAY OF PUBLIC SAFETY VEHICLES.
§ 72.037 FUNERAL PROCESSION HAS RIGHT-OF- WAY.
§ 72.038 PEDESTRIANS YIELD RIGHT-OF-WAY TO PUBLIC SAFETY VEHICLE.
§ 72.039 PEDESTRIAN ON CROSSWALK HAS RIGHT-OF-WAY.
§ 72.040 RIGHT-OF-WAY YIELDED TO BLIND PERSON.
§ 72.041 RIGHT-OF-WAY YIELDED BY PEDESTRIAN.

Subchapter B: Right-of-Way


§ 72.030 RIGHT-OF-WAY AT INTERSECTIONS.

   (A)   When two vehicles approach or enter an intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

   (B)   The right-of-way rule declared in division (A) of this section is modified at through highways and otherwise as stated in this traffic code or R.C. Chapter 4511.

   (C)   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.

   (D)   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. § 4511.41) (Rev. 2019)


§ 72.031 RIGHT-OF-WAY WHEN TURNING LEFT.

   (A)   The operator of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

   (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. § 4511.42) (Rev. 2019)


§ 72.032 RIGHT-OF-WAY AT THROUGH HIGHWAYS; STOP SIGNS; YIELD SIGNS.

   (A)   Except when directed to proceed by a law enforcement officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.

   (B)   The driver of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions, and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Whenever a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, the collision shall be prima facie evidence of the driver’s failure to yield the right-of- way.

   (C)   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.

   (D)   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. § 4511.43) (Rev. 2019)


§ 72.033 STOP AT SIDEWALK AREA; STOP SIGNS ON PRIVATE ROADS AND DRIVEWAYS.

   (A)   The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road, or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.

(R.C. § 4511.431(A))

   (B)   The owner of a private road or driveway located in a private residential area containing 20 or more dwelling units may erect stop signs at places where the road or driveway intersects with another private road or driveway in the residential area, in compliance with all of the following requirements:

      (1)   The stop sign is sufficiently legible to be seen by an ordinarily observant person and meets the specifications of and is placed in accordance with the manual adopted by the Department of Transportation pursuant to R.C. § 4511.09;

      (2)   The owner has posted a sign at the entrance of the private road or driveway that is in plain view and clearly informs persons entering the road or driveway that they are entering private property, stop signs have been posted and must be obeyed, and the signs are enforceable by law enforcement officers under state law. The sign required by this division, where appropriate, may be incorporated with the sign required by R.C. § 4511.211(A)(2), or any substantially equivalent municipal ordinance.

   (C)   The provisions of R.C. § 4511.43(A) and R.C. § 4511.46, or any substantially equivalent municipal ordinance, shall be deemed to apply to the driver of a vehicle on a private road or driveway where a stop sign is placed in accordance with division (B) of this section and to a pedestrian crossing such a road or driveway at an intersection where a stop sign is in place.

   (D)   When a stop sign is placed in accordance with division (B) of this section, any law enforcement officer may apprehend a person found violating the stop sign and may stop and charge the person with violating the stop sign.

   (E)   As used in this section, and for the purpose of applying R.C. § 4511.43(A) and R.C. § 4511.46, or any substantially equivalent municipal ordinance, to conduct under this section:

      INTERSECTION. Means:

         (a)   The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two private roads or driveways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different private roads or driveways joining at any other angle may come in conflict.

         (b)   Where a private road or driveway includes two roadways 30 feet or more apart, then every crossing of two roadways of such private roads or driveways shall be regarded as a separate intersection.

      OWNER. Has the same meaning as in R.C. § 4511.211.

      PRIVATE RESIDENTIAL AREA CONTAINING 20 OR MORE DWELLING UNITS. Has the same meaning as in R.C. § 4511.211.

      ROADWAY. Means that portion of a private road or driveway improved, designed or ordinarily used for vehicular travel, except the berm or shoulder. If a private road or driveway includes two or more separate roadways, the term means any such roadway separately but not all such roadways collectively.

(R.C.§ 4511.432(A) - (C), (E))

   (F)   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. §§ 4511.431(B), 4511.432(D)) (Rev. 2004)

   (G)   If the offender violates division (A) of this section 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. §§ 4511.431(B)) (Rev. 2019)


§ 72.034 RIGHT-OF-WAY ON PUBLIC HIGHWAY.

   (A)   The operator of a vehicle about to enter or cross a highway from any place other than another roadway shall yield the right-of-way to all traffic approaching on the roadway to be entered or crossed.

   (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 violates division (A) of this section 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. § 4511.44) (Rev. 2019)


§ 72.035 PEDESTRIAN ON SIDEWALK HAS RIGHT-OF-WAY.

   (A)   The driver of a vehicle shall yield the right-of- way to any pedestrian on a sidewalk.

   (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. § 4511.441) (Rev. 2019)


§ 72.036 RIGHT-OF-WAY OF PUBLIC SAFETY VEHICLES.

   (A)   Upon the approach of a public safety vehicle or coroner’s vehicle, equipped with 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 the driver is giving an audible signal by siren, exhaust whistle, or bell, no driver of any other vehicle shall fail to yield the right-of-way, immediately drive if practical to a position parallel to, and as close as possible to, the right edge or curb of the highway clear of any intersection, and stop and remain in that position until the public safety vehicle or coroner’s vehicle has passed, except when otherwise directed by a police officer.

   (B)   This section does not relieve the driver of a public safety vehicle or coroner’s vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.

   (C)   This section applies to a coroner’s vehicle only when the vehicle is operated in accordance with R.C. § 4513.171, or a substantially equivalent municipal ordinance. As used in this section, CORONER’S VEHICLE means a vehicle used by a coroner, deputy coroner or coroner’s investigator that is equipped with a flashing, oscillating or rotating red or blue light and a siren, exhaust whistle or bell capable of giving an audible signal.

   (D)   Except as otherwise provided in this division or division (E), whoever violates division (A) of this section is guilty of a misdemeanor of the fourth degree on a first offense. On a second offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree, and, on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the second degree.

(R.C. § 4511.45) (Rev. 2017)

   (E)   (1)   When the failure of a motor vehicle operator to yield the right-of-way to a public safety vehicle as required by division (A) of this section impedes the ability of the public safety vehicle to respond to an emergency, any emergency personnel in the public safety vehicle may report the license plate number and a general description of the vehicle and the operator of the vehicle to the law enforcement agency exercising jurisdiction over the area where the alleged violation occurred.

      (2)   (a)   Upon receipt of a report under division (E)(1) of this section, the law enforcement agency may conduct an investigation to attempt to determine or confirm the identity of the operator of the vehicle at the time of the alleged violation.

         (b)   If the identity of the operator at the time of an alleged violation of division (A) of this section is established, the law enforcement agency has probable cause to issue either a written warning or a citation for that violation, and the agency shall issue a written warning or a citation to the operator.

         (c)   If the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the law enforcement agency may issue a written warning to the person who owned the vehicle at the time of the alleged violation. However, in the case of a leased or rented vehicle, the law enforcement agency shall issue the written warning to the person who leased or rented the vehicle at the time of the alleged violation.

      (3)   (a)   Whoever violates division (A) of this section based on a report filed under division (E)(1) of this section is guilty of a minor misdemeanor and shall be fined $150.

         (b)   If a person who is issued a citation for a violation of division (A) of this section based on a report filed under division (E)(1) of this section does not enter a written plea of guilty and does not waive the person’s right to contest the citation but instead appears in person in the proper court to answer the charge, the trier of fact cannot find beyond a reasonable doubt that the person committed that violation unless the emergency personnel who filed the report appears in person in the court and testifies.

      (4)   As used in this division (E):

         LICENSE PLATE. Includes any temporary motor vehicle license registration issued under R.C. § 4503.182 or similar law of another jurisdiction.

         PUBLIC SAFETY VEHICLE. Does not include an unmarked public safety vehicle or a vehicle used by a public law enforcement officer or other person sworn to enforce the criminal and traffic laws of the state or a vehicle used by the motor carrier enforcement unit for the enforcement of orders and rules of the public utilities commission.

(R.C. § 4511.454) (Rev. 2022)


§ 72.037 FUNERAL PROCESSION HAS RIGHT-OF- WAY.

   (A)   As used in this section, FUNERAL PROCESSION means two or more vehicles accompanying the cremated remains or the body of a deceased person in the daytime when each of the vehicles has its headlights lighted and is displaying a purple and white or an orange and white pennant attached to each vehicle in such a manner as to be clearly visible to traffic approaching from any direction.

   (B)   Excepting public safety vehicles proceeding in accordance with R.C. § 4511.45 or a substantially equivalent municipal ordinance, or when directed otherwise by a police officer, pedestrians and the operators of all vehicles shall yield the right-of-way to each vehicle that is a part of a funeral procession. Whenever the lead vehicle in a funeral procession lawfully enters an intersection, the remainder of the vehicles in the procession may continue to follow the lead vehicle through the intersection, notwithstanding any traffic-control devices or right-of-way provisions of the Ohio Revised Code, provided that the operator of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian.

   (C)   No person shall operate any vehicle as a part of a funeral procession without having the headlights of the vehicle lighted and without displaying a purple and white or an orange and white pennant in such a manner as to be clearly visible to traffic approaching from any direction.

   (D)   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.

   (E)   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. § 4511.451) (Rev. 2019)


§ 72.038 PEDESTRIANS YIELD RIGHT-OF-WAY TO PUBLIC SAFETY VEHICLE.

   (A)   Upon the immediate approach of a public safety vehicle, as stated in R.C. § 4511.45 or a substantially equivalent municipal ordinance, every pedestrian shall yield the right-of-way to the public safety vehicle.

   (B)   This section shall not relieve the driver of a public safety vehicle from the duty to exercise due care to avoid colliding with any pedestrian.

   (C)   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. § 4511.452) (Rev. 2004)


§ 72.039 PEDESTRIAN ON CROSSWALK HAS RIGHT-OF-WAY.

   (A)   When traffic-control signals are not in place, not in operation, or are not clearly assigning the right-of-way, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, or if required by R.C. § 4511.132 or a substantially equivalent municipal ordinance, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

   (B)   No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

   (C)   Division (A) of this section does not apply under the conditions stated in R.C. § 4511.48(B), or a substantially equivalent municipal ordinance.

   (D)   Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

   (E)   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.

   (F)   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. § 4511.46) (Rev. 2019)


§ 72.040 RIGHT-OF-WAY YIELDED TO BLIND PERSON.

   (A)   (1)   As used in this section BLIND PERSON or BLIND PEDESTRIAN means a person having not more than 20/200 visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200, but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

      (2)   The driver of every vehicle shall yield the right-of-way to every blind pedestrian guided by a guide dog, or carrying a cane which is predominantly white or metallic in color, with or without a red tip.

   (B)   No person, other than a blind person, while on any public highway, street, alley, or other public thoroughfare, shall carry a white or metallic cane, with or without a red tip.

   (C)   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.

   (D)   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. § 4511.47) (Rev. 2019)


§ 72.041 RIGHT-OF-WAY YIELDED BY PEDESTRIAN.

   (A)   Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

   (B)   Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all traffic upon the roadway.

   (C)   Between adjacent intersections at which traffic- control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

   (D)   No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

   (E)   This section does not relieve the operator of a vehicle from exercising due care to avoid colliding with any pedestrian upon any roadway.

   (F)   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. § 4511.48) (Rev. 2004)

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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