Bill Text: OH HB523 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To permit a person or neighborhood association or organization to request the Director of Transportation to reduce the speed limit on the street or highway of the person's residence or a street or highway located within the area of representation of the association or organization if the street or highway has a speed limit of not more than 35 miles per hour, and to permit a person or neighborhood association or organization to request the Director or a local authority to erect a stop sign at an intersection where currently no stop sign is present.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2014-04-22 - To Transportation, Public Safety and Homeland Security [HB523 Detail]
Download: Ohio-2013-HB523-Introduced.html
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Representatives Stinziano, Retherford
Cosponsors:
Representatives Curtin, Grossman, Hagan, R., Mallory, Phillips
To amend sections 4511.11 and 4511.21 of the Revised | 1 |
Code to permit a person or neighborhood | 2 |
association or organization to request the | 3 |
Director of Transportation to reduce the speed | 4 |
limit on the street or highway of the person's | 5 |
residence or a street or highway located within | 6 |
the area of representation of the association or | 7 |
organization if the street or highway has a speed | 8 |
limit of not more than 35 miles per hour, and to | 9 |
permit a person or neighborhood association or | 10 |
organization to request the Director or a local | 11 |
authority to erect a stop sign at an intersection | 12 |
where currently no stop sign is present. | 13 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.11 and 4511.21 of the Revised | 14 |
Code be amended to read as follows: | 15 |
Sec. 4511.11. (A) | 16 |
section, local authorities in their respective jurisdictions shall | 17 |
place and maintain traffic control devices in accordance with the | 18 |
department of transportation manual for a uniform system of | 19 |
traffic control devices, adopted under section 4511.09 of the | 20 |
Revised Code, upon highways under their jurisdiction as are | 21 |
necessary to indicate and to carry out sections 4511.01 to 4511.76 | 22 |
and 4511.99 of the Revised Code, local traffic ordinances, or to | 23 |
regulate, warn, or guide traffic. | 24 |
(B)(1) Either of the following may submit a petition to the | 25 |
director of transportation or the proper local authority, as the | 26 |
case may be, requesting that a stop sign be erected at a location | 27 |
of an intersection at which a stop sign currently is not present: | 28 |
(a) A person who resides within a one-quarter mile radius of | 29 |
the intersection location if the intersection location lies within | 30 |
the boundaries of a municipal corporation, or a person who resides | 31 |
within a one-half mile radius of the intersection location if the | 32 |
intersection location does not lie within the boundaries of a | 33 |
municipal corporation; | 34 |
(b) A recognized neighborhood association or organization | 35 |
that represents the area within which the intersection location is | 36 |
located. | 37 |
(2) The petition shall specify the intersection location at | 38 |
which the person or association or organization desires the stop | 39 |
sign to be erected by describing with specificity the intersection | 40 |
location. If the intersection location is located within the | 41 |
boundaries of a municipal corporation, the petition also shall | 42 |
contain the signatures of not less than fifty-one per cent of the | 43 |
persons who own real property within a one-quarter mile radius of | 44 |
the intersection location. If the intersection location is not | 45 |
located within the boundaries of a municipal corporation, the | 46 |
petition also shall contain the signatures of not less than | 47 |
fifty-one per cent of the persons who own real property within a | 48 |
one-half mile radius of the intersection location. | 49 |
(3) Upon receipt of such a petition, the director or local | 50 |
authority shall determine whether a stop sign should be erected at | 51 |
the intersection location. The director or local authority, in | 52 |
addition to consulting the state manual, shall take into account | 53 |
and give due consideration to the petition in determining whether | 54 |
to erect the stop sign requested in the petition. The director or | 55 |
local authority shall notify the person or association or | 56 |
organization in writing of the director's or local authority's | 57 |
decision regarding the requested stop sign. | 58 |
If the director or local authority determines that a stop | 59 |
sign should be erected at the intersection location, the director | 60 |
shall enter the determination into the director's journal, or the | 61 |
local authority shall issue a written determination. The director | 62 |
or local authority shall install the stop sign at the intersection | 63 |
location not later than thirty days after the date the director | 64 |
enters the determination into the director's journal or the local | 65 |
authority issues the written determination. | 66 |
(C) The director of transportation may require to be removed | 67 |
any traffic control device that does not conform to the state | 68 |
manual | 69 |
extensions of the state highway system within municipal | 70 |
corporations. | 71 |
| 72 |
signal upon an extension of the state highway system within the | 73 |
village without first obtaining the permission of the director. | 74 |
The director may revoke the permission and may require to be | 75 |
removed any traffic control signal that has been erected without | 76 |
the director's permission on an extension of a state highway | 77 |
within a village, or that, if erected under a permit granted by | 78 |
the director, does not conform to the state manual, or that is not | 79 |
operated in accordance with the terms of the permit. | 80 |
| 81 |
highway, alley, bikeway, or private road open to public travel | 82 |
shall conform to the state manual. | 83 |
| 84 |
for sale to local authorities any traffic control device that does | 85 |
not conform to the state manual, except by permission of the | 86 |
director. | 87 |
| 88 |
traffic control device that does not conform to the state manual, | 89 |
except by permission of the director. | 90 |
| 91 |
guilty of a misdemeanor of the third degree. | 92 |
Sec. 4511.21. (A) No person shall operate a motor vehicle, | 93 |
trackless trolley, or streetcar at a speed greater or less than is | 94 |
reasonable or proper, having due regard to the traffic, surface, | 95 |
and width of the street or highway and any other conditions, and | 96 |
no person shall drive any motor vehicle, trackless trolley, or | 97 |
streetcar in and upon any street or highway at a greater speed | 98 |
than will permit the person to bring it to a stop within the | 99 |
assured clear distance ahead. | 100 |
(B) It is prima-facie lawful, in the absence of a lower limit | 101 |
declared or established pursuant to this section by the director | 102 |
of transportation or local authorities, for the operator of a | 103 |
motor vehicle, trackless trolley, or streetcar to operate the same | 104 |
at a speed not exceeding the following: | 105 |
(1)(a) Twenty miles per hour in school zones during school | 106 |
recess and while children are going to or leaving school during | 107 |
the opening or closing hours, and when twenty miles per hour | 108 |
school speed limit signs are erected; except that, on | 109 |
controlled-access highways and expressways, if the right-of-way | 110 |
line fence has been erected without pedestrian opening, the speed | 111 |
shall be governed by division (B)(4) of this section and on | 112 |
freeways, if the right-of-way line fence has been erected without | 113 |
pedestrian opening, the speed shall be governed by divisions | 114 |
(B)(9) and (10) of this section. The end of every school zone may | 115 |
be marked by a sign indicating the end of the zone. Nothing in | 116 |
this section or in the manual and specifications for a uniform | 117 |
system of traffic control devices shall be construed to require | 118 |
school zones to be indicated by signs equipped with flashing or | 119 |
other lights, or giving other special notice of the hours in which | 120 |
the school zone speed limit is in effect. | 121 |
(b) As used in this section and in section 4511.212 of the | 122 |
Revised Code, "school" means any school chartered under section | 123 |
3301.16 of the Revised Code and any nonchartered school that | 124 |
during the preceding year filed with the department of education | 125 |
in compliance with rule 3301-35-08 of the Ohio Administrative | 126 |
Code, a copy of the school's report for the parents of the | 127 |
school's pupils certifying that the school meets Ohio minimum | 128 |
standards for nonchartered, nontax-supported schools and presents | 129 |
evidence of this filing to the jurisdiction from which it is | 130 |
requesting the establishment of a school zone. "School" also | 131 |
includes a special elementary school that in writing requests the | 132 |
county engineer of the county in which the special elementary | 133 |
school is located to create a school zone at the location of that | 134 |
school. Upon receipt of such a written request, the county | 135 |
engineer shall create a school zone at that location by erecting | 136 |
the appropriate signs. | 137 |
(c) As used in this section, "school zone" means that portion | 138 |
of a street or highway passing a school fronting upon the street | 139 |
or highway that is encompassed by projecting the school property | 140 |
lines to the fronting street or highway, and also includes that | 141 |
portion of a state highway. Upon request from local authorities | 142 |
for streets and highways under their jurisdiction and that portion | 143 |
of a state highway under the jurisdiction of the director of | 144 |
transportation or a request from a county engineer in the case of | 145 |
a school zone for a special elementary school, the director may | 146 |
extend the traditional school zone boundaries. The distances in | 147 |
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not | 148 |
exceed three hundred feet per approach per direction and are | 149 |
bounded by whichever of the following distances or combinations | 150 |
thereof the director approves as most appropriate: | 151 |
(i) The distance encompassed by projecting the school | 152 |
building lines normal to the fronting highway and extending a | 153 |
distance of three hundred feet on each approach direction; | 154 |
(ii) The distance encompassed by projecting the school | 155 |
property lines intersecting the fronting highway and extending a | 156 |
distance of three hundred feet on each approach direction; | 157 |
(iii) The distance encompassed by the special marking of the | 158 |
pavement for a principal school pupil crosswalk plus a distance of | 159 |
three hundred feet on each approach direction of the highway. | 160 |
Nothing in this section shall be construed to invalidate the | 161 |
director's initial action on August 9, 1976, establishing all | 162 |
school zones at the traditional school zone boundaries defined by | 163 |
projecting school property lines, except when those boundaries are | 164 |
extended as provided in divisions (B)(1)(a) and (c) of this | 165 |
section. | 166 |
(d) As used in this division, "crosswalk" has the meaning | 167 |
given that term in division (LL)(2) of section 4511.01 of the | 168 |
Revised Code. | 169 |
The director may, upon request by resolution of the | 170 |
legislative authority of a municipal corporation, the board of | 171 |
trustees of a township, or a county board of developmental | 172 |
disabilities created pursuant to Chapter 5126. of the Revised | 173 |
Code, and upon submission by the municipal corporation, township, | 174 |
or county board of such engineering, traffic, and other | 175 |
information as the director considers necessary, designate a | 176 |
school zone on any portion of a state route lying within the | 177 |
municipal corporation, lying within the unincorporated territory | 178 |
of the township, or lying adjacent to the property of a school | 179 |
that is operated by such county board, that includes a crosswalk | 180 |
customarily used by children going to or leaving a school during | 181 |
recess and opening and closing hours, whenever the distance, as | 182 |
measured in a straight line, from the school property line nearest | 183 |
the crosswalk to the nearest point of the crosswalk is no more | 184 |
than one thousand three hundred twenty feet. Such a school zone | 185 |
shall include the distance encompassed by the crosswalk and | 186 |
extending three hundred feet on each approach direction of the | 187 |
state route. | 188 |
(e) As used in this section, "special elementary school" | 189 |
means a school that meets all of the following criteria: | 190 |
(i) It is not chartered and does not receive tax revenue from | 191 |
any source. | 192 |
(ii) It does not educate children beyond the eighth grade. | 193 |
(iii) It is located outside the limits of a municipal | 194 |
corporation. | 195 |
(iv) A majority of the total number of students enrolled at | 196 |
the school are not related by blood. | 197 |
(v) The principal or other person in charge of the special | 198 |
elementary school annually sends a report to the superintendent of | 199 |
the school district in which the special elementary school is | 200 |
located indicating the total number of students enrolled at the | 201 |
school, but otherwise the principal or other person in charge does | 202 |
not report any other information or data to the superintendent. | 203 |
(2) Twenty-five miles per hour in all other portions of a | 204 |
municipal corporation, except on state routes outside business | 205 |
districts, through highways outside business districts, and | 206 |
alleys; | 207 |
(3) Thirty-five miles per hour on all state routes or through | 208 |
highways within municipal corporations outside business districts, | 209 |
except as provided in divisions (B)(4) and (6) of this section; | 210 |
(4) Fifty miles per hour on controlled-access highways and | 211 |
expressways within municipal corporations; | 212 |
(5) Fifty-five miles per hour on highways outside municipal | 213 |
corporations, other than highways within island jurisdictions as | 214 |
provided in division (B)(8) of this section, highways as provided | 215 |
in division (B)(9) of this section, and highways, expressways, and | 216 |
freeways as provided in divisions (B)(12), (13), (14), and (16) of | 217 |
this section; | 218 |
(6) Fifty miles per hour on state routes within municipal | 219 |
corporations outside urban districts unless a lower prima-facie | 220 |
speed is established as further provided in this section; | 221 |
(7) Fifteen miles per hour on all alleys within the municipal | 222 |
corporation; | 223 |
(8) Thirty-five miles per hour on highways outside municipal | 224 |
corporations that are within an island jurisdiction; | 225 |
(9) Sixty miles per hour on two-lane state routes outside | 226 |
municipal corporations as established by the director under | 227 |
division (H)(2) of this section. | 228 |
(10) Fifty-five miles per hour at all times on freeways with | 229 |
paved shoulders inside municipal corporations, other than freeways | 230 |
as provided in divisions (B)(14) and (16) of this section; | 231 |
(11) Fifty-five miles per hour at all times on freeways | 232 |
outside municipal corporations, other than freeways as provided in | 233 |
divisions (B)(14) and (16) of this section; | 234 |
(12) Sixty miles per hour for operators of any motor vehicle | 235 |
at all times on all portions of rural divided highways; | 236 |
(13) Sixty-five miles per hour for operators of any motor | 237 |
vehicle at all times on all rural expressways without traffic | 238 |
control signals; | 239 |
(14) Seventy miles per hour for operators of any motor | 240 |
vehicle at all times on all rural freeways; | 241 |
(15) Fifty-five miles per hour for operators of any motor | 242 |
vehicle at all times on all portions of freeways in congested | 243 |
areas as determined by the director and that are part of the | 244 |
interstate system and are located within a municipal corporation | 245 |
or within an interstate freeway outerbelt; | 246 |
(16) Sixty-five miles per hour for operators of any motor | 247 |
vehicle at all times on all portions of freeways in urban areas as | 248 |
determined by the director and that are part of the interstate | 249 |
system and are part of an interstate freeway outerbelt. | 250 |
(C) It is prima-facie unlawful for any person to exceed any | 251 |
of the speed limitations in divisions (B)(1)(a), (2), (3), (4), | 252 |
(6), (7), and (8) of this section, or any declared or established | 253 |
pursuant to this section by the director or local authorities and | 254 |
it is unlawful for any person to exceed any of the speed | 255 |
limitations in division (D) of this section. No person shall be | 256 |
convicted of more than one violation of this section for the same | 257 |
conduct, although violations of more than one provision of this | 258 |
section may be charged in the alternative in a single affidavit. | 259 |
(D) No person shall operate a motor vehicle, trackless | 260 |
trolley, or streetcar upon a street or highway as follows: | 261 |
(1) At a speed exceeding fifty-five miles per hour, except | 262 |
upon a two-lane state route as provided in division (B)(9) of this | 263 |
section and upon a highway, expressway, or freeway as provided in | 264 |
divisions (B)(12), (13), (14), and (16) of this section; | 265 |
(2) At a speed exceeding sixty miles per hour upon a two-lane | 266 |
state route as provided in division (B)(9) of this section and | 267 |
upon a highway as provided in division (B)(12) of this section; | 268 |
(3) At a speed exceeding sixty-five miles per hour upon an | 269 |
expressway as provided in division (B)(13) or upon a freeway as | 270 |
provided in division (B)(16) of this section, except upon a | 271 |
freeway as provided in division (B)(14) of this section; | 272 |
(4) At a speed exceeding seventy miles per hour upon a | 273 |
freeway as provided in division (B)(14) of this section; | 274 |
(5) At a speed exceeding the posted speed limit upon a | 275 |
highway, expressway, or freeway for which the director has | 276 |
determined and declared a speed limit pursuant to division (I)(2) | 277 |
or (L)(2) of this section. | 278 |
(E) In every charge of violation of this section the | 279 |
affidavit and warrant shall specify the time, place, and speed at | 280 |
which the defendant is alleged to have driven, and in charges made | 281 |
in reliance upon division (C) of this section also the speed which | 282 |
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit | 283 |
declared or established pursuant to, this section declares is | 284 |
prima-facie lawful at the time and place of such alleged | 285 |
violation, except that in affidavits where a person is alleged to | 286 |
have driven at a greater speed than will permit the person to | 287 |
bring the vehicle to a stop within the assured clear distance | 288 |
ahead the affidavit and warrant need not specify the speed at | 289 |
which the defendant is alleged to have driven. | 290 |
(F) When a speed in excess of both a prima-facie limitation | 291 |
and a limitation in division (D) of this section is alleged, the | 292 |
defendant shall be charged in a single affidavit, alleging a | 293 |
single act, with a violation indicated of both division (B)(1)(a), | 294 |
(2), (3), (4), (6), (7), or (8) of this section, or of a limit | 295 |
declared or established pursuant to this section by the director | 296 |
or local authorities, and of the limitation in division (D) of | 297 |
this section. If the court finds a violation of division | 298 |
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared | 299 |
or established pursuant to, this section has occurred, it shall | 300 |
enter a judgment of conviction under such division and dismiss the | 301 |
charge under division (D) of this section. If it finds no | 302 |
violation of division (B)(1)(a), (2), (3), (4), (6), (7), or (8) | 303 |
of, or a limit declared or established pursuant to, this section, | 304 |
it shall then consider whether the evidence supports a conviction | 305 |
under division (D) of this section. | 306 |
(G) Points shall be assessed for violation of a limitation | 307 |
under division (D) of this section in accordance with section | 308 |
4510.036 of the Revised Code. | 309 |
(H)(1) Whenever the director determines upon the basis of a | 310 |
geometric and traffic characteristic study that any speed limit | 311 |
set forth in divisions (B)(1)(a) to (D) of this section is greater | 312 |
or less than is reasonable or safe under the conditions found to | 313 |
exist at any portion of a street or highway under the jurisdiction | 314 |
of the director, the director shall determine and declare a | 315 |
reasonable and safe prima-facie speed limit, which shall be | 316 |
effective when appropriate signs giving notice of it are erected | 317 |
at the location. | 318 |
(2) Whenever the director determines upon the basis of a | 319 |
geometric and traffic characteristic study that the speed limit of | 320 |
fifty-five miles per hour on a two-lane state route outside a | 321 |
municipal corporation is less than is reasonable or safe under the | 322 |
conditions found to exist at that portion of the state route, the | 323 |
director may determine and declare a speed limit of sixty miles | 324 |
per hour for that portion of the state route, which shall be | 325 |
effective when appropriate signs giving notice of it are erected | 326 |
at the location. | 327 |
(I)(1)(a) Except as provided in divisions (I)(2) and (K) of | 328 |
this section, whenever local authorities determine upon the basis | 329 |
of an engineering and traffic investigation that the speed | 330 |
permitted by divisions (B)(1)(a) to (D) of this section, on any | 331 |
part of a highway under their jurisdiction, is greater than is | 332 |
reasonable and safe under the conditions found to exist at such | 333 |
location, the local authorities may by resolution request the | 334 |
director to determine and declare a reasonable and safe | 335 |
prima-facie speed limit. Upon receipt of such request the director | 336 |
may determine and declare a reasonable and safe prima-facie speed | 337 |
limit at such location, and if the director does so, then such | 338 |
declared speed limit shall become effective only when appropriate | 339 |
signs giving notice thereof are erected at such location by the | 340 |
local authorities. The director may withdraw the declaration of a | 341 |
prima-facie speed limit whenever in the director's opinion the | 342 |
altered prima-facie speed becomes unreasonable. Upon such | 343 |
withdrawal, the declared prima-facie speed shall become | 344 |
ineffective and the signs relating thereto shall be immediately | 345 |
removed by the local authorities. | 346 |
(b) In relation to a determination by the director regarding | 347 |
a request for a lower prima-facie speed limit under division | 348 |
(I)(1)(a) of this section for a street or highway with a speed | 349 |
limit of not more than thirty-five miles per hour, either of the | 350 |
following may submit a petition to the director supporting a | 351 |
request for the lower prima-facie speed limit: | 352 |
(i) A person who resides on the street or highway; | 353 |
(ii) A recognized neighborhood association or organization | 354 |
that represents the area within which the street or highway is | 355 |
located. | 356 |
The petition shall specify the portion of the street or | 357 |
highway that the person or association or organization desires to | 358 |
be the subject of the speed limit reduction by describing with | 359 |
reasonable specificity the portion at issue. The petition also | 360 |
shall contain the signatures of not less than fifty-one per cent | 361 |
of the persons who own real property located on the portion of the | 362 |
street or highway at issue. | 363 |
Upon receipt of such a petition, the director, in making a | 364 |
determination regarding a speed limit modification pursuant to | 365 |
division (I)(1)(a) of this section, shall take into account and | 366 |
give due consideration to the petition in determining whether to | 367 |
declare a lower prima-facie speed limit on the portion of the | 368 |
street or highway specified in the petition. The director shall | 369 |
notify the person or association or organization in writing of the | 370 |
director's decision regarding the requested lower prima-facie | 371 |
speed limit. | 372 |
(2) A local authority may determine on the basis of a | 373 |
geometric and traffic characteristic study that the speed limit of | 374 |
sixty-five miles per hour on a portion of a freeway under its | 375 |
jurisdiction that was established through the operation of | 376 |
division (L)(3) of this section is greater than is reasonable or | 377 |
safe under the conditions found to exist at that portion of the | 378 |
freeway. If the local authority makes such a determination, the | 379 |
local authority by resolution may request the director to | 380 |
determine and declare a reasonable and safe speed limit of not | 381 |
less than fifty-five miles per hour for that portion of the | 382 |
freeway. If the director takes such action, the declared speed | 383 |
limit becomes effective only when appropriate signs giving notice | 384 |
of it are erected at such location by the local authority. | 385 |
(J) Local authorities in their respective jurisdictions may | 386 |
authorize by ordinance higher prima-facie speeds than those stated | 387 |
in this section upon through highways, or upon highways or | 388 |
portions thereof where there are no intersections, or between | 389 |
widely spaced intersections, provided signs are erected giving | 390 |
notice of the authorized speed, but local authorities shall not | 391 |
modify or alter the basic rule set forth in division (A) of this | 392 |
section or in any event authorize by ordinance a speed in excess | 393 |
of fifty miles per hour. | 394 |
Alteration of prima-facie limits on state routes by local | 395 |
authorities shall not be effective until the alteration has been | 396 |
approved by the director. The director may withdraw approval of | 397 |
any altered prima-facie speed limits whenever in the director's | 398 |
opinion any altered prima-facie speed becomes unreasonable, and | 399 |
upon such withdrawal, the altered prima-facie speed shall become | 400 |
ineffective and the signs relating thereto shall be immediately | 401 |
removed by the local authorities. | 402 |
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this | 403 |
section, "unimproved highway" means a highway consisting of any of | 404 |
the following: | 405 |
(a) Unimproved earth; | 406 |
(b) Unimproved graded and drained earth; | 407 |
(c) Gravel. | 408 |
(2) Except as otherwise provided in divisions (K)(4) and (5) | 409 |
of this section, whenever a board of township trustees determines | 410 |
upon the basis of an engineering and traffic investigation that | 411 |
the speed permitted by division (B)(5) of this section on any part | 412 |
of an unimproved highway under its jurisdiction and in the | 413 |
unincorporated territory of the township is greater than is | 414 |
reasonable or safe under the conditions found to exist at the | 415 |
location, the board may by resolution declare a reasonable and | 416 |
safe prima-facie speed limit of fifty-five but not less than | 417 |
twenty-five miles per hour. An altered speed limit adopted by a | 418 |
board of township trustees under this division becomes effective | 419 |
when appropriate traffic control devices, as prescribed in section | 420 |
4511.11 of the Revised Code, giving notice thereof are erected at | 421 |
the location, which shall be no sooner than sixty days after | 422 |
adoption of the resolution. | 423 |
(3)(a) Whenever, in the opinion of a board of township | 424 |
trustees, any altered prima-facie speed limit established by the | 425 |
board under this division becomes unreasonable, the board may | 426 |
adopt a resolution withdrawing the altered prima-facie speed | 427 |
limit. Upon the adoption of such a resolution, the altered | 428 |
prima-facie speed limit becomes ineffective and the traffic | 429 |
control devices relating thereto shall be immediately removed. | 430 |
(b) Whenever a highway ceases to be an unimproved highway and | 431 |
the board has adopted an altered prima-facie speed limit pursuant | 432 |
to division (K)(2) of this section, the board shall, by | 433 |
resolution, withdraw the altered prima-facie speed limit as soon | 434 |
as the highway ceases to be unimproved. Upon the adoption of such | 435 |
a resolution, the altered prima-facie speed limit becomes | 436 |
ineffective and the traffic control devices relating thereto shall | 437 |
be immediately removed. | 438 |
(4)(a) If the boundary of two townships rests on the | 439 |
centerline of an unimproved highway in unincorporated territory | 440 |
and both townships have jurisdiction over the highway, neither of | 441 |
the boards of township trustees of such townships may declare an | 442 |
altered prima-facie speed limit pursuant to division (K)(2) of | 443 |
this section on the part of the highway under their joint | 444 |
jurisdiction unless the boards of township trustees of both of the | 445 |
townships determine, upon the basis of an engineering and traffic | 446 |
investigation, that the speed permitted by division (B)(5) of this | 447 |
section is greater than is reasonable or safe under the conditions | 448 |
found to exist at the location and both boards agree upon a | 449 |
reasonable and safe prima-facie speed limit of less than | 450 |
fifty-five but not less than twenty-five miles per hour for that | 451 |
location. If both boards so agree, each shall follow the procedure | 452 |
specified in division (K)(2) of this section for altering the | 453 |
prima-facie speed limit on the highway. Except as otherwise | 454 |
provided in division (K)(4)(b) of this section, no speed limit | 455 |
altered pursuant to division (K)(4)(a) of this section may be | 456 |
withdrawn unless the boards of township trustees of both townships | 457 |
determine that the altered prima-facie speed limit previously | 458 |
adopted becomes unreasonable and each board adopts a resolution | 459 |
withdrawing the altered prima-facie speed limit pursuant to the | 460 |
procedure specified in division (K)(3)(a) of this section. | 461 |
(b) Whenever a highway described in division (K)(4)(a) of | 462 |
this section ceases to be an unimproved highway and two boards of | 463 |
township trustees have adopted an altered prima-facie speed limit | 464 |
pursuant to division (K)(4)(a) of this section, both boards shall, | 465 |
by resolution, withdraw the altered prima-facie speed limit as | 466 |
soon as the highway ceases to be unimproved. Upon the adoption of | 467 |
the resolution, the altered prima-facie speed limit becomes | 468 |
ineffective and the traffic control devices relating thereto shall | 469 |
be immediately removed. | 470 |
(5) As used in division (K)(5) of this section: | 471 |
(a) "Commercial subdivision" means any platted territory | 472 |
outside the limits of a municipal corporation and fronting a | 473 |
highway where, for a distance of three hundred feet or more, the | 474 |
frontage is improved with buildings in use for commercial | 475 |
purposes, or where the entire length of the highway is less than | 476 |
three hundred feet long and the frontage is improved with | 477 |
buildings in use for commercial purposes. | 478 |
(b) "Residential subdivision" means any platted territory | 479 |
outside the limits of a municipal corporation and fronting a | 480 |
highway, where, for a distance of three hundred feet or more, the | 481 |
frontage is improved with residences or residences and buildings | 482 |
in use for business, or where the entire length of the highway is | 483 |
less than three hundred feet long and the frontage is improved | 484 |
with residences or residences and buildings in use for business. | 485 |
Whenever a board of township trustees finds upon the basis of | 486 |
an engineering and traffic investigation that the prima-facie | 487 |
speed permitted by division (B)(5) of this section on any part of | 488 |
a highway under its jurisdiction that is located in a commercial | 489 |
or residential subdivision, except on highways or portions thereof | 490 |
at the entrances to which vehicular traffic from the majority of | 491 |
intersecting highways is required to yield the right-of-way to | 492 |
vehicles on such highways in obedience to stop or yield signs or | 493 |
traffic control signals, is greater than is reasonable and safe | 494 |
under the conditions found to exist at the location, the board may | 495 |
by resolution declare a reasonable and safe prima-facie speed | 496 |
limit of less than fifty-five but not less than twenty-five miles | 497 |
per hour at the location. An altered speed limit adopted by a | 498 |
board of township trustees under this division shall become | 499 |
effective when appropriate signs giving notice thereof are erected | 500 |
at the location by the township. Whenever, in the opinion of a | 501 |
board of township trustees, any altered prima-facie speed limit | 502 |
established by it under this division becomes unreasonable, it may | 503 |
adopt a resolution withdrawing the altered prima-facie speed, and | 504 |
upon such withdrawal, the altered prima-facie speed shall become | 505 |
ineffective, and the signs relating thereto shall be immediately | 506 |
removed by the township. | 507 |
(L)(1) On | 508 |
2013, the director of transportation, based upon an engineering | 509 |
study of a highway, expressway, or freeway described in division | 510 |
(B)(12), (13), (14), (15), or (16) of this section, in | 511 |
consultation with the director of public safety and, if | 512 |
applicable, the local authority having jurisdiction over the | 513 |
studied highway, expressway, or freeway, may determine and declare | 514 |
that the speed limit established on such highway, expressway, or | 515 |
freeway under division (B)(12), (13), (14), (15), or (16) of this | 516 |
section either is reasonable and safe or is more or less than that | 517 |
which is reasonable and safe. | 518 |
(2) If the established speed limit for a highway, expressway, | 519 |
or freeway studied pursuant to division (L)(1) of this section is | 520 |
determined to be more or less than that which is reasonable and | 521 |
safe, the director of transportation, in consultation with the | 522 |
director of public safety and, if applicable, the local authority | 523 |
having jurisdiction over the studied highway, expressway, or | 524 |
freeway, shall determine and declare a reasonable and safe speed | 525 |
limit for that highway, expressway, or freeway. | 526 |
| 527 |
on the centerline of a highway and both authorities have | 528 |
jurisdiction over the highway, the speed limit for the part of the | 529 |
highway within their joint jurisdiction shall be either one of the | 530 |
following as agreed to by both authorities: | 531 |
(i) Either prima-facie speed limit permitted by division (B) | 532 |
of this section; | 533 |
(ii) An altered speed limit determined and posted in | 534 |
accordance with this section. | 535 |
(b) If the local authorities are unable to reach an | 536 |
agreement, the speed limit shall remain as established and posted | 537 |
under this section. | 538 |
(2) Neither local authority may declare an altered | 539 |
prima-facie speed limit pursuant to this section on the part of | 540 |
the highway under their joint jurisdiction unless both of the | 541 |
local authorities determine, upon the basis of an engineering and | 542 |
traffic investigation, that the speed permitted by this section is | 543 |
greater than is reasonable or safe under the conditions found to | 544 |
exist at the location and both authorities agree upon a uniform | 545 |
reasonable and safe prima-facie speed limit of less than | 546 |
fifty-five but not less than twenty-five miles per hour for that | 547 |
location. If both authorities so agree, each shall follow the | 548 |
procedure specified in this section for altering the prima-facie | 549 |
speed limit on the highway, and the speed limit for the part of | 550 |
the highway within their joint jurisdiction shall be uniformly | 551 |
altered. No altered speed limit may be withdrawn unless both local | 552 |
authorities determine that the altered prima-facie speed limit | 553 |
previously adopted becomes unreasonable and each adopts a | 554 |
resolution withdrawing the altered prima-facie speed limit | 555 |
pursuant to the procedure specified in this section. | 556 |
| 557 |
(1) "Interstate system" has the same meaning as in 23 | 558 |
U.S.C.A. 101. | 559 |
(2) "Commercial bus" means a motor vehicle designed for | 560 |
carrying more than nine passengers and used for the transportation | 561 |
of persons for compensation. | 562 |
(3) "Noncommercial bus" includes but is not limited to a | 563 |
school bus or a motor vehicle operated solely for the | 564 |
transportation of persons associated with a charitable or | 565 |
nonprofit organization. | 566 |
(4) "Outerbelt" means a portion of a freeway that is part of | 567 |
the interstate system and is located in the outer vicinity of a | 568 |
major municipal corporation or group of municipal corporations, as | 569 |
designated by the director. | 570 |
(5) "Rural" means outside urbanized areas, as designated in | 571 |
accordance with 23 U.S.C. 101, and outside of a business or urban | 572 |
district. | 573 |
| 574 |
of the following: | 575 |
(a) Except as otherwise provided in divisions | 576 |
(1)(c), (2), and (3) of this section, a minor misdemeanor; | 577 |
(b) If, within one year of the offense, the offender | 578 |
previously has been convicted of or pleaded guilty to two | 579 |
violations of any provision of this section or of any provision of | 580 |
a municipal ordinance that is substantially similar to any | 581 |
provision of this section, a misdemeanor of the fourth degree; | 582 |
(c) If, within one year of the offense, the offender | 583 |
previously has been convicted of or pleaded guilty to three or | 584 |
more violations of any provision of this section or of any | 585 |
provision of a municipal ordinance that is substantially similar | 586 |
to any provision of this section, a misdemeanor of the third | 587 |
degree. | 588 |
(2) If the offender has not previously been convicted of or | 589 |
pleaded guilty to a violation of any provision of this section or | 590 |
of any provision of a municipal ordinance that is substantially | 591 |
similar to this section and operated a motor vehicle faster than | 592 |
thirty-five miles an hour in a business district of a municipal | 593 |
corporation, faster than fifty miles an hour in other portions of | 594 |
a municipal corporation, or faster than thirty-five miles an hour | 595 |
in a school zone during recess or while children are going to or | 596 |
leaving school during the school's opening or closing hours, a | 597 |
misdemeanor of the fourth degree. | 598 |
(3) Notwithstanding division | 599 |
the offender operated a motor vehicle in a construction zone where | 600 |
a sign was then posted in accordance with section 4511.98 of the | 601 |
Revised Code, the court, in addition to all other penalties | 602 |
provided by law, shall impose upon the offender a fine of two | 603 |
times the usual amount imposed for the violation. No court shall | 604 |
impose a fine of two times the usual amount imposed for the | 605 |
violation upon an offender if the offender alleges, in an | 606 |
affidavit filed with the court prior to the offender's sentencing, | 607 |
that the offender is indigent and is unable to pay the fine | 608 |
imposed pursuant to this division and if the court determines that | 609 |
the offender is an indigent person and unable to pay the fine. | 610 |
Section 2. That existing sections 4511.11 and 4511.21 of the | 611 |
Revised Code are hereby repealed. | 612 |