§ 70.01. Definitions.

For the purposes of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Agricultural tractor." Every self-propelling vehicle designed or used for drawing other vehicles or wheeled machinery but having no provision for carrying loads independently of other vehicles, and used principally for agricultural purposes.

"Alley." A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic, and includes any street or highway that has been declared an "alley" by the Council.

"Arterial street." Any United States or state numbered route, controlled-access street or highway, or other major radial or circumferential street or highway designated by Council or other duly designated local authority within the municipality as part of a major arterial system of streets or highways.

"Bicycle." Every device, other than a tricycle designed solely for use as a play vehicle by a child, propelled solely by human power, upon which any person may ride having either two tandem wheels, or one wheel in the front and two wheels in the rear, any of which is more than fourteen inches in diameter.

"Bus." Every motor vehicle designed for carrying more than nine passengers and used for the transportation of persons, other than in a ridesharing arrangement, and every motor vehicle, automobile for hire, or funeral car, other than a taxicab, or motor vehicle used in a ridesharing arrangement, designed and used for the transportation of persons for compensation.

"Business district." The territory fronting upon a street or highway, including the street or highway, between successive intersections within the city, where fifty percent or more of the frontage between such successive intersections is occupied by buildings in use for business, or where fifty percent or more of the frontage for a distance of three hundred feet or more is occupied by buildings in use for business, and the character of such territory is indicated by official traffic-control devices.

"Commercial tractor." Every motor vehicle having motive power designed or used for drawing other vehicles and not so constructed as to carry any load thereon, or designed or used for drawing other vehicles while carrying a portion of the other vehicles, or the load thereon, or both.

"Controlled-access street or highway." Every street or highway in respect to which owners or occupants of abutting lands and other persons have no legal right or access to or from the same except at certain points only and in a manner as may be determined by the public authority having jurisdiction over the street or highway.

"Crosswalk."

1.

Part of a roadway at intersections ordinarily included within the real or projected prolongation of property lines and curb lines or, in the absence of curbs, the edges of the traversable roadway;

2.

Any portion of a roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface;

3.

Notwithstanding provisions (1) and (2) of this subsection, there shall not be a crosswalk where the legislative authority has placed signs indicating no crossing.

"Driver" or "operator." Any person who drives or is in actual physical control of a vehicle.

"Emergency vehicle." Emergency vehicles of municipal, county, or township departments or public utility corporations when identified as such as required by law, the Ohio Director of Highway Safety or local authorities, and motor vehicles when commandeered by a police officer.

"Explosives." Any chemical compound or mechanical mixture, intended for the purpose of producing an explosion, which contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion or by a detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases such that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. Manufactured articles shall not be held to be explosives when the individual units contain explosives in limited quantities of such nature or in such packing that it is impossible to procure a simultaneous or a destructive explosion of the units, to the injury of life, limb or property by fire, by friction, by concussion, by percussion or by a detonator such as fixed ammunition for small arms, firecrackers or safety fuse matches.

"Expressway." A divided arterial street or highway for through traffic with full or partial control of access on fifty percent of all crossroads separated in grade.

"Fire lane." That section of the traveled portion of private property devoted to public use, which is zoned as ULB, U-2, U-3 or U-4, or conditionally zoned for any apartment, retail, limited business or commercial use, as defined and established in the zoning code, not to exceed twelve feet in width, which has been officially designated by the Traffic Engineer for the exclusive use of Fire Division vehicles and which is plainly marked by signs or painted curbs so as to be visible at all times.

"Flammable liquid." Any liquid which has a flash point of 70°F. or less, as determined by a tagliabue or equivalent closed cup test device.

"Freeway." A divided multilane street or highway for through traffic with crossroads separated in grade and with full control of access.

"Funeral escort vehicle." Any motor vehicle, including a funeral hearse, while used to facilitate the movement of a funeral procession.

"Gross weight." The weight of a vehicle plus the weight of any load thereon.

"Highway." The entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular traffic.

"Intersection."

1.

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 streets or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict.

2.

Where a street or highway includes two roadways thirty feet or more apart, then every crossing of each roadway of the divided street or highway by an intersecting street or highway shall be regarded as a separate intersection. If an intersecting street or highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of the streets or highways shall be regarded as a separate intersection.

3.

The junction of an alley with a street or highway, or with another alley, shall not constitute an intersection.

"Laned street or highway." The roadway of a street or highway which is divided into two or more clearly marked lanes for vehicular traffic.

"Metered parking zone." A portion of the paved surface of the street, approximately twenty feet in length, extending from the sidewalk curb to the street a sufficient distance to accommodate a vehicle when the same is parked parallel to the curb with the right wheels thereof not more than one foot from such curb, or a portion of the paved surface of the street approximately ten feet in length and extending from the sidewalk curb to the street a sufficient distance to accommodate a vehicle when the same is parked at an angle to the curb, provided there has been installed a parking meter upon the curb adjacent to such designated space or in the immediate vicinity thereof.

"Motorcycle." Every motor vehicle other than a tractor having a saddle for the use of the operator and designed to travel on not more than three wheels in contact with the ground, including, but not limited to, motor vehicles known as "motor-driven cycle," "motor scooter," or "motorcycle" without regard to weight or brake horsepower.

"Motorized bicycle." Any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled and is equipped with a helper motor of not more than fifty cubic centimeters piston displacement which produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface.

"Motorized wheelchair." Any self-propelled vehicle designed for, and used by, a handicapped person and that is incapable of a speed in excess of eight miles per hour.

"Motor vehicle." Every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general street or highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public street or highway at a speed of 25 m.p.h. or less, threshing machinery, hay-baling machinery, and agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural, and vegetable products.

"Parking." The standing of a vehicle, whether occupied or not, upon a street, otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading, or in obedience to traffic regulations or traffic signs or signals. The words "park" and "parked" mean the standing of a vehicle upon a street, highway, alley, or other public way, whether accompanied or unaccompanied by an operator or driver.

"Parking meter." A coin-operated device which indicates thereon the length of time during which a vehicle may be parked in a metered parking zone and which contains brief instructions as to the operation thereof.

"Pedestrian." Any natural person afoot.

"Person." Every natural person, firm, copartnership, association, or corporation.

"Pole trailer." Every trailer or semitrailer attached to the towing vehicle by means of a reach, pole, or by being boomed or otherwise secured to the towing vehicle, ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

"Police officer." Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

"Private road or driveway." Every way or place in private ownership used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.

"Public safety vehicle." Any of the following:

1.

Ambulances, including private ambulance companies under contract to a municipal corporation, township, or county, and private ambulances and nontransport vehicles bearing license plates issued under R.C. § 4503.49;

2.

Motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the state;

3.

Any motor vehicle when properly identified as required by the Ohio Director of Highway Safety, when used in response to fire emergency calls or to provide emergency medical service to ill or injured persons, and when operated by a duly qualified person who is a member of a volunteer rescue service or a volunteer fire department and who is on duty pursuant to the rules or directives of that service. The state Fire Marshal shall be designated by the Ohio Director of Highway Safety as the certifying agency for all vehicles described in this subsection.

4.

Vehicles used by fire departments, including motor vehicles when used by volunteer firemen responding to emergency calls in the Fire Department service when identified as required by the Ohio Director of Highway Safety.

5.

Any vehicle used to transport or provide emergency medical service to an ill or injured person, when certified as a "public safety vehicle" shall be considered such when transporting such person to a hospital, regardless of whether such vehicle has already passed a hospital.

"Railroad." A carrier of persons or property operating upon rails placed principally on a private right-of-way.

"Railroad sign or signal." Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

"Railroad train." A steam engine or an electric or other motor, with or without cars coupled thereto, operated by a railroad.

"Residence district." The territory, not comprising a business district, fronting on a street or highway, including the street or highway, where, for a distance of three hundred feet or more, the frontage is improved with residences or residences and buildings in use for business.

"Ridesharing arrangement." The transportation of persons in a motor vehicle where such transportation is incidental to another purpose of a volunteer driver and includes ridesharing arrangements known as carpools, vanpools, and buspools.

"Right-of-way." Either of the following, as the context requires:

1.

The right of a vehicle or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it or he is moving, in preference to another vehicle or pedestrian approaching from a different direction into its or his path;

2.

A general term denoting land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, "right-of-way" includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the state or local authority.

"Roadway." That portion of a street or highway improved, designed or ordinarily used for vehicular travel, except the berm or shoulder. If a street or highway includes two or more separate roadways, the term "roadway" means any roadway separately but not all such roadways collectively.

"Safety zone." The area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or marked or indicated by adequate signs so as to be plainly visible at all times.

"School bus." Every bus designed for carrying more than nine passengers which is owned by a public, private, or governmental agency or institution of learning and operated for the transportation of children to or from a school session or a school function, or owned by a private person and operated for compensation for the transportation of children to or from a school session or a school function; provided "school bus" does not include a bus operated by a municipally owned transportation system, a mass transit company operating exclusively within the territorial limits of a municipal corporation, or within the limits and the territorial limits of municipal corporations immediately contiguous to the city, nor a common passenger carrier certified by the Public Utilities Commission unless the bus is devoted exclusively to the transportation of children to and from a school session or a school function.

"Semitrailer." Every vehicle designed or used for carrying persons or property with another and separate motor vehicle so that in operation a part of its own weight or that of its load, or both, rests upon and is carried by another vehicle.

"Sidewalk." That portion of the street between the curb, and the adjacent property line, intended for the use of pedestrians.

"Snowmobile." Any self-propelled vehicle designed primarily for use on snow or ice steered by skis or runners and propelled by caterpillar treads.

"State streets or highway." A street or highway under the jurisdiction of the Department of Transportation, outside the limits of municipal corporations, provided that the authority conferred upon the Director of Transportation in R.C. § 5511.01 to erect state street or highway route markers and signs directing traffic shall not be modified by R.C. §§ 4511.01 through 4511.80 and 4511.99.

"State route." Every street or highway which is designated with an official state route number and so marked.

"Stop." When required, means a complete cessation of movement.

"Stop intersection." Any intersection at one or more entrances of which stop signs are erected.

"Stopping" or "standing." When prohibited, mean any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device.

"Street" or "highway." The entire width between the boundary lines of every public way open to the use of the public as a thoroughfare for purposes of vehicular travel.

"Through street or highway." Every street or highway as provided in § 72.28.

"Thruway." A through street or highway whose entire roadway is reserved for through traffic and on which roadway parking is prohibited.

"Traffic." Pedestrians, ridden or herded animals, vehicles and other devices, either singly or together, while using any street or highway for purposes of travel.

"Traffic-control devices." All signs, signals, markings, and devices placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, including signs denoting names of streets and highways.

"Traffic-control signal." Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop, to proceed, to change direction, or not to change direction.

"Trailer." Every vehicle designed or used for carrying persons or property wholly on its own structure and for being drawn by a motor vehicle, including any vehicle when formed by or operated as a combination of a "semi-trailer" and a vehicle of the dolly type, such as that commonly known as a "trailer dolly," and a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or street or highway at a speed greater than twenty-five m.p.h.

"Truck." Every motor vehicle, except trailers and semitrailers, designed and used to carry property.

"Urban district." The territory contiguous to and including any street or highway which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of one-fourth of a mile or more, and the character of the territory is indicated by official traffic-control devices.

"Vehicle." Every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except motorized wheelchairs, devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks, and devices other than bicycles moved by human power. (R.C. § 4511.01)

(Ord. 434-1989; Ord. 186-1976; Ord. 729-1973)