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CROSS REFERENCES

See sectional histories for similar State law

Power of trial court of record to suspend or revoke license for certain violations, RC 4507.16

Power to designate highway as included in a freeway, expressway or thruway, RC 4511.011

Uniform application of Ohio Traffic Law, RC 4511.06

Power to enact local traffic regulations, RC 4511.07, 4511.61

Local traffic control devices, RC 4511.11

Alteration of prima-facie speed limits, RC 4511.21, 4511.22, 4511.23

Designation of through streets and erection of stop or yield signs, RC 4511.65; CO 413.02

Taxicab license suspension or revocation, CO 443.12

Willfully leaving vehicles on private or public property, CO 451.27

Unauthorized use of a vehicle, CO 625.06

Motor vehicle trespass, CO 625.07

Improperly handling firearms in a motor vehicle, CO 627.04

403.01     Police Enforcement Duty

The Police Division of the Department of Public Safety shall enforce the provisions of this Traffic Code. The Chief of Police shall assign such officers and members of the Division of Police as he determines necessary to the Traffic Control Unit, who shall be charged with the specific duty of enforcing the provisions of this Traffic Code. In the event of fire or other emergency, or to expedite traffic or safeguard pedestrians, members of the Police and Fire Divisions may direct traffic as conditions may require, notwithstanding any other provisions in this Traffic Code.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

403.02     Compliance with Lawful Order of Police Officer; Fleeing

(a) 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.

(b) No person shall operate a motor vehicle so as to willfully elude or flee a police officer after receiving a visible or audible signal from a police officer to bring his motor vehicle to a stop.

(c) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under Section 2921.331 of the Revised Code.
(RC 2921.331(C); Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

403.03     Regulations by Director of Public Service

(a) The Director of Public Service is hereby authorized to adopt regulations as follows:

(1) Designating streets or parts of streets upon which stopping, standing or parking of vehicles is prohibited at all times, prohibited during certain hours or limited for a specified time period.

(2) Designating streets or parts of streets as fire lanes or snow emergency streets with parking prohibited as provided in Sections 451.15 and 451.17.

(3) Designating streets or parts of streets upon which vehicular traffic shall move in only one direction.

(4) Designating streets or parts of streets upon which commercial units are prohibited or restricted to a specified weight.

(5) Closing temporarily any street or portion thereof or restricting the use thereof when required by public safety or convenience.

(6) Prohibiting or requiring left-hand turns by vehicles at designated intersections or other locations, and exempting RTA vehicles from such prohibitions.

(7) Designating streets, parts thereof or other locations for angle parking.

(8) Designating stop or yield intersections.

(b) No such regulation shall permit parking in any of the places prohibited by this Traffic Code, nor shall any such regulation limiting the time of parking or prohibiting parking be deemed to apply on Sundays, holidays, other than Saturday afternoon or between the hours of 6:00 p.m. and 7:00 a.m., unless the regulations and the sign evidencing the same specifically so state. Regulations shall become effective ten days after publication in the City Record and upon the erection of signs sufficient in number to apprise the ordinarily observant person of the existence of the regulation, and shall continue to have the force and effect of ordinances until rescinded by the Director or disapproved by ordinance of Council. However, before adopting any regulation the Director shall notify in writing council members from each ward which are to be affected by such proposed regulation at least thirty days prior to the adoption of such proposed regulation. If the proposed regulation meets with the disapproval of any councilman, then such regulation shall not be adopted. The provisions of the Traffic Code shall be deemed to be regulations adopted under this section and shall continue in full force and effect as such regulations until changed in the manner provided herein. Violations of such regulations so adopted and published shall be subject to the penalties prescribed in Section 403.99.

(c) Council members affected by any proposed regulation of the Director may waive in writing the thirty days notice required by division (b) hereof and request that such proposed regulation be published in the next succeeding issue of the City Record in order that the regulation may become effective ten days after such publication and posting of signs as required by division (b) hereof.
(Ord. No. 1806-2000. Passed 3-19-01, eff. 3-26-01. Board of Control concurrence required. Resolution No. 223-01, Adopted 4-4-01)

403.04     Downtown Area Parking

(a) Except as provided in Chapter 451 no regulation adopted pursuant to Section 403.03 shall limit the time of parking nor prohibit parking between 6:30 p.m. and 7:00 a.m. upon streets or parts of streets within the downtown parking area as defined in subsection (b) hereof. Any regulations which specifically state otherwise are hereby disapproved, and signs evidencing such regulations or otherwise contrary to this section shall be removed.

(b) As used in this section, "downtown parking area" means the area bounded by Lake Erie from the Cuyahoga River to the easterly line of East 30th Street extended; the easterly lines of East 30th Street connected from Lake Erie to Carnegie Avenue; the southerly line of Carnegie Avenue from East 30th Street to East 9th Street; the easterly line of East 9th Street to Carnegie Avenue; the southerly line of Carnegie Avenue from Broadway to the Cuyahoga River; and the Cuyahoga River from Carnegie Avenue to Lake Erie.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

403.05     Regulations by Police Chief

The Police Chief or the Commissioner of Traffic Control is hereby authorized to make and enforce regulations necessary to make effective provisions of this Traffic Code and temporary regulations to cover emergencies, special conditions or to establish play streets.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

403.06     Powers of Commissioner of Traffic Engineering and Commissioner of Streets

(a) The Commissioner of Traffic Engineering is hereby authorized to supervise erection and maintenance of traffic control devices as required by this Traffic Code and as the Commissioner of Traffic Engineering may deem necessary to regulate, guide or warn traffic, which are consistent with the provisions of this Traffic Code. All traffic control devices placed pursuant to the provisions of this Traffic Code shall conform to the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways, as set forth in RC 4511.09.

(b) The Commissioner of Traffic Engineering is hereby authorized to:

(1) Designate by appropriate devices or markings upon the surface of the roadway, crosswalks or intersections and at such other places as he deems necessary. The Commissioner of Streets shall place such devices and markings.

(2) Establish safety zones of such kind and character and at such places as he deems necessary for the protection of pedestrians.

(3) Determine lanes for traffic at such places as he deems necessary. The Commissioner of Streets shall mark such lanes on street pavements.

(4) Determine the right and left side of laned streets. The Commissioner of Streets shall mark the center line of such streets.

(5) Establish temporarily a zone of quiet upon any street where a person is seriously ill if requested by the written statement of at least one registered physician certifying to its necessity. A temporary zone of quiet shall embrace all territory within a radius of 200 feet of the building occupied by the person named in the request of the physician, and shall be designated by placing at a conspicuous place in the street a sign bearing the words "Quiet Zone," which sign shall be placed by the Commissioner of Streets.

(6) Determine the location of truck zones and placement of appropriate signs indicating such and stating the hours during which the provisions regarding truck zones are applicable.

(7) Designate by means of markers or signs placed above, within or adjacent to intersections, the lanes from which right or left turns only shall be made, or the lanes from which right or left turns may be made by vehicles turning at such intersections.

(8) Determine the location of loading and unloading zones where there are physically recessed areas from the street provided for loading and unloading and when no parking is permitted within the block. The appropriate signs indicating such and stating the hours during which the provisions regarding such loading and unloading zones are applicable shall be placed and maintained by the Commissioner of Streets.

(9) Determine the location of taxicab stands signs indicating such and stating the prohibitions or provisions relative thereto shall be placed and maintained by the Commissioner of Streets.

(10) Establish parking meter zones on streets or parts thereof where parking meters shall be installed and maintained by the Division of Parking Facilities, and where parking shall be regulated by the provisions of Chapter 453.

(11) Establish criteria for the installation of traffic control signals at private accessways. All costs relative to such installations shall be borne by the industrial or commercial establishment or other traffic generator or any part or combination thereof who benefits from such installation.
(Ord. No. 1806-2000. Passed 3-19-01, eff. 3-26-01. Board of Control concurrence required. Resolution No. 223-01, Adopted 4-4-01)

403.07     Parking Enforcement

The Director of Public Safety may designate civilian employees of the Police Division, employees of the Division of Traffic Engineering and Parking and employees of the Division of Parking Facilities to enforce all parking regulations of the City including those relative to Municipal parking facilities and to issue citations for any violation thereof.
(Ord. No. 1525-81. Passed 6-29-81, eff. 7-2-81)

403.08     Littering Enforcement

Upon the request of the Commissioner of the Division of Health, the Director of Public Safety may designate employees of the Division of Traffic Engineering and Parking to enforce Sections 551.24, 613.02, 613.03, 613.05 and 613.14 of the Codified Ordinances, and to issue citations for any violation thereof.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

403.09     Appeal from License or Permit Denial, Suspension or Revocation

License and permit issuance shall be authorized and under the control of the Commissioner of Assessments and Licenses. In case of the refusal to issue a license or permit or the revocation or suspension of a license or permit by the Commissioner, the applicant, licensee or permittee may appeal from such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6; provided that written appeal is filed with the Board Secretary within ten days of the date the decision being appealed was made. The Board shall conduct a hearing and render a decision in accord with City ordinances and regulations governing its conduct and procedure.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

403.10     Road Workers, Motor Vehicles and Equipment Excepted

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 street or highway within an area designated by traffic control devices, but apply to such persons and vehicles when traveling to or from such work.

The drivers of snow plows, traffic line stripers, road sweepers, mowing machines, tar distributing vehicles and other vehicles utilized in snow and ice removal or road surface maintenance, while engaged in work upon a street or highway, provided such vehicles are equipped with flashing lights and such other markings as are required by law, and such lights are in operation when the vehicles are so engaged shall be exempt from criminal prosecution for violations of Sections 431.01 to 431.04, 431.06 to 431.08, 431.31, 433.04 and RC 4511.66. Such exemption shall not apply to such drivers when their vehicles are not so engaged. This section shall not exempt a driver of such equipment from civil liability arising from the violation of the sections referred to herein.
(RC 4511.04; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

403.11     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.
(RC 4511.05; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

403.12     Freeway Use Prohibited by Pedestrians, Bicycles and Animals

No person, unless otherwise directed by a police officer, shall:

(a) 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.

(b) 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; a bicycle with motor attached; a motor-driven cycle with a motor which produces not to exceed five brake horsepower; an agricultural tractor; or farm machinery; except in the performance of public works or official duties.
(RC 4511.051; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

403.13     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 the City, 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.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

403.99     Traffic Code Misdemeanor Classifications and Penalties

(a) Misdemeanor Classifications

(1) General classification. Whoever violates any provision of this Traffic Code or any regulation lawfully adopted pursuant thereto, for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree. (RC 4511.99). When any person is found guilty of a first offense for violation of Section 433.03, upon a finding that he operated a motor vehicle in excess of the posted speed limit by ten miles an hour or more, such person is guilty of a misdemeanor of the fourth degree. When any person is found guilty of a violation of division (b)(9) of Section 433.03, in addition to all other penalties provided by law, such person shall be fined two times the usual amount imposed for the violation.

(2) Street racing. Whoever violates Section 433.07 is guilty of a misdemeanor of the first degree.

(3) Licensing drivers. Whoever violates any provision of Sections 435.01 to 435.07, inclusive, is guilty of a misdemeanor of the first degree.

(4) Accidents. Whoever violates any provision of Sections 435.15 to 435.17, inclusive, is guilty of a misdemeanor of the first degree.

(5) Willfully fleeing a police officer. Whoever violates division (b) of Section 403.02 is guilty of a misdemeanor of the first degree.

(6) Stopping for school buses. Whoever violates division (a) of Section 431.38 may be fined not more than five hundred dollars ($500.00).

(7) Placing dangerous material on streets. Whoever violates division (e) of Section 411.01 is guilty of a misdemeanor of the first degree.

(b) 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.

(c) License Suspension.

(1) The trial judge of the Cleveland Municipal Court, in addition to or independent of all other penalties provided by law or ordinance, shall suspend for not less than thirty days nor more than three years or revoke the driver's or commercial driver's license or permit or nonresident operating privileges of any person who is convicted of or pleads guilty to any of the following:

A. Division (a) of Section 431.38;

B. Sections 435.01 to 435.07, inclusive;

The trial judge, in addition to suspensions or revocations of licenses, permits, or privileges pursuant to this division and in addition to or independent of all other penalties provided by law or by ordinance, shall impose a suspended jail sentence of not to exceed six months, if that imprisonment was not imposed for the offense for which the person was convicted.

(2) The trial judge of the Cleveland Municipal Court, in addition to or independent of all other penalties provided by law or ordinance, shall suspend or revoke the driver's or commercial driver's license or permit or nonresident operating privileges of any person who is convicted of or pleads guilty to a violation of division (b) of Section 433.01. The length of the suspension or revocation imposed by the trial judge upon a person who is convicted or pleads guilty to a violation of division (b) of Section 433.01 shall be the same as that imposed pursuant to division (B) of Section 4507.16 of the Revised Code upon a person who is convicted of or pleads guilty to a violation of Section 4511.19 of the Revised Code, or a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine.

(3) The trial judge of the Cleveland Municipal Court may, in addition to or independent of all other penalties provided by law, suspend the license of any person for not more than fifteen days who is convicted of or pleads guilty to a violation of operating a motor vehicle faster than five miles per hour in excess of the prima-facie speed limits specified in Section 433.03 relating to passing a school building or grounds or operating a motor vehicle in a residential district. For any subsequent conviction of any such provision, the trial judge shall, in addition to or independent of all other penalties provided by law, suspend the license of any person for not more than thirty days who is convicted of or pleads guilty to any offense specified in this division. The first five days may not be suspended by the Court.
(Ord. No. 486-04. Passed 10-11-04, eff. 10-13-04)
Note: The prior version of Section 403.99 (not shown), as amended by Ordinance No. 1592-2000, passed December 18, 2000, shall expire and be of no further force and effect on January 1, 2004.