§ 73.20. Speed limits.

A.

No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead.

B.

It is prima facie lawful, in the absence of a lower limit declared pursuant to this section by the Director of Transportation or the municipality, for the operator of a motor vehicle to operate the same at a speed not exceeding the following:

1.

Fifteen miles per hour on all alleys;

2.

a.

Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when a sign giving notice of the existence of the school is erected as provided in this section; except, that on controlled-access streets or highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, this subsection shall not apply. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic-control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect.

b.

For the purpose of this section, "school" means any school chartered under R.C. § 3301.16 and any non-chartered school that during the preceding year filed with the department of education in compliance with Rule 3301-35-08 of the Ohio Administrative Code, a copy of the school's report for the parents of the school's pupils certifying that the school meets Ohio minimum standards for non-chartered, non-tax supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone.

c.

For the purpose of this section, "school zone" means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a state highway. Upon request from local authorities for streets and highways under their jurisdiction and that portion of a state highway under the jurisdiction of the Director of Transportation, the Director may extend the traditional school zone boundaries. The distances in subsections (B)(2)(c)(i) through (iii) of this section shall not exceed three hundred feet per approach per direction and are bounded by whichever of the following distances or combinations thereof the Director approves as most appropriate:

i.

The distance encompassed by projecting the school building lines normal to the fronting street or highway and extending a distance of three hundred feet on each approach direction;

ii.

The distance encompassed by projecting the school property lines intersecting the fronting street or highway and extending a distance of three hundred feet on each approach direction;

iii.

The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of three hundred feet on each approach direction of the street or highway;

iv.

A distance of six hundred feet using any combination or part thereof of the reference points described in subsections (B)(2)(c)(i) through (iii) of this section.

v.

Nothing in this section shall be construed to invalidate the Director's initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in subsections (B)(2)(a) and (c) of this section.

d.

As used in this subsection, "crosswalk" has the meaning given that term in subsection (LL) (2) of R.C. § 4511.01.

3.

Twenty-five miles per hour in all other portions of the municipal corporation, except on state routes outside business districts, through street or highways outside business districts, and alleys;

4.

Thirty-five miles per hour on all state routes or through streets or highways within the municipal corporation outside business districts, except as provided in subsections (B)(5) and (6) of this section;

5.

Fifty miles per hour on controlled-access street or highways and expressways within the municipality;

6.

Fifty miles per hour on state routes within the municipality outside urban districts unless a lower prima facie speed is established as further provided in this section;

7.

Fifty-five miles per hour at all times on freeways with paved shoulders inside the municipal corporation.

C.

It is prima facie unlawful for any person to exceed any of the speed limitations in subsections (B)(1), (B)(2)(a), (B)(3), (4), (5), and (6) of this section or any declared pursuant to this section by the Director or the municipality, and it is unlawful for any person to exceed either of the speed limitations in subsection D of this section. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.

D.

No person shall operate a motor vehicle upon a street or highway as follows:

1.

At a speed exceeding fifty-five miles per hour, except upon a freeway as provided in R.C. § 4511.21(B)(10);

2.

At a speed exceeding sixty-five miles per hour upon a freeway as provided in R.C. § 4511.21(B)(10) except as otherwise provided in subsection (D)(3) of this section;

3.

If a motor vehicle weighing in excess of 8,000 pounds empty weight or a noncommercial bus as prescribed in R.C. § 4511.21(B)(10), at a speed exceeding fifty-five miles per hour upon a freeway as provided in that section.

E.

In every charge of violation of this section the affidavit and warrant shall specify the time, place, and speed at which the defendant is alleged to have driven, and, in charges made in reliance upon subsection C of this section also the speed which subsection (B)(1), (2)(a), (3), (4), (5), or (6) of, or a limit declared pursuant to, this section declares is prima facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit him to bring the vehicle to a stop within the assured clear distance ahead, the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.

F.

When a speed in excess of both a prima facie limitation and a limitation in subsection (D)(1) or (2) of this section is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both subsection (B)(1), (B)(2)(a), (B)(3), (4), (5), or (6), or of a limit declared pursuant to this section by the Director or local authorities, and of the limitation in subsection (D)(1) or (2) of this section. If the court finds a violation of subsection (B)(1), (B)(2)(a), (B)(3), (4), (5), or (6) of, or a limit declared pursuant to this section has occurred, it shall enter a judgment of conviction under such subsection and dismiss the charge under subsection (D)(1) or (2) of this section. If it finds no violation of subsection (B)(1), (B)(2)(a), (B)(3), (4), (5), or (6) of, or a limit declared pursuant to this section, it shall then consider whether the evidence supports a conviction under subsection (D)(1) or (2) of this section.

G.

1.

Notwithstanding penalties as provided in § 70.99 of this code, whoever violates subsection A of this section under circumstances detailed in subsection (B)(2)(a) of this section, shall be guilty of an unclassified misdemeanor. If the person involved in such an offense was operating a motor vehicle at less than thirty-five m.p.h., that person shall be subject to a minimum mandatory fine of ninety dollars and may be fined up to one hundred eighty dollars for the violation. If the person involved in such an offense was operating a motor vehicle at more than thirty-five m.p.h. that person shall be subject to a minimum mandatory fine of one hundred forty dollars and may be fined up to two hundred eighty dollars for the violation.

2.

All fines collected pursuant to subsection (G)(1) of this section shall benefit child safety programs, including the purchase and distribution of child safety helmets, educational programs, police payroll, and warning signage.

These child safety program funds shall be administered by the Deputy Mayor of Public Safety, with the spending of funds subject to Council approval.

H.

Points shall be assessed for violation of a limitation under subsection D of this section only when the court finds the violation involved a speed of five miles per hour or more in excess of the posted speed limit.

I.

Whenever the Traffic Engineer determines upon the basis of an engineering and traffic investigation that the speed permitted by subsection B of this section, on any part of a street or highway under its jurisdiction, is greater than is reasonable and safe under the conditions found to exist at the location, the Traffic Engineer may request the Director to determine and declare a reasonable and safe lower prima facie speed limit. The declared speed limit shall become effective only when appropriate signs giving notice thereof are erected at the location by the municipality. Upon withdrawal, the declared prima facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the municipality.

J.

Whenever the Traffic Engineer determines on the basis of an engineering and traffic investigation that the prima facie speed limit permitted in this chapter on any through street or highway, or upon streets or highways or portions thereof where there are no intersections or between widely spaced intersections, provided that such street or highway is not part of the state street or highway system is less than is reasonable or safe under the conditions found to exist at such location, the Traffic Engineer may designate and declare a higher, reasonable, and safe prima facie speed limit but he shall not modify or alter the basic rule set forth in subsection A of this section or in any event authorize by ordinance a speed in excess of fifty miles per hour. Alteration of prima facie limits on state routes by the Traffic Engineer shall not be effective until the alteration has been approved by the Director. Penalty, see § 70.99. (R.C. § 4511.21)

(Ord. 368-1998; Ord. 648-1986)