PART FOUR: TRAFFIC CODE

Transcription

1 PART FOUR: TRAFFIC CODE Chapter 401 Chapter 403 Chapter 405 Definitions Enforcement, Compliance and Penalty Impounding Title I: Administration Chapter 411 Chapter 413 Title III: Streets and Traffic Control Devices Street Obstructions and Special Uses Traffic Control Devices Chapter 431 Chapter 433 Chapter 435 Chapter 437 Chapter 439 Chapter 441 Chapter 443 Chapter 445 Chapter 447 Operation Generally Intoxication; Reckless Operation; Speed Licensing and Accidents Safety and Equipment Commercial and Heavy Vehicles Motor Buses Repealed Taxicabs Sight-Seeing Cars Carriages Title V: Vehicles Chapter 451 Chapter 453 Chapter 455 Chapter 457 Chapter 459 Chapter 461 Chapter 463 Title VII: Parking Parking Generally Street Parking Meters Municipal Parking Facilities Public Garages and Parking Lots Parking Infractions and Parking Violations Bureau Residential Permit Parking Program Valet Services Chapter 471 Chapter 473 Pedestrians Bicycles and Motorcycles Title IX: Pedestrians, Bicycles and Motorcycles Chapter 481 Chapter 483 Chapter 485 Chapter 487 Title XI: Water Traffic Code Definitions, Enforcement, Compliance and Penalty General Provisions Watercraft Operation Equipment TITLE I: ADMINISTRATION Chapter 401 Chapter 403 Chapter 405 Definitions Enforcement, Compliance and Penalty Impounding CHAPTER 401 DEFINITIONS Meaning of Words and Phrases Agricultural Tractor Alley Automatically Operated Gate Bicycle; Motorized Bicycle Bus Business District Center or Center Line of Street Coach Commercial Car Commercial Motor Vehicle Commercial Tractor Commercial Unit

2 Controlled-Access Highway Crosswalk Driver or Operator Electric Personal Assistive Mobility Device Emergency Vehicle Expressway Freeway Funeral Escort Vehicle Gross Weight Intersection Laned Street or Highway Parking Meter Zone Motor Carrier Motorcycle Motor Vehicle Municipal Parking Facility Municipal Parking Facility Drive Net Weight Operate for Hire Park or Parking Parking Key or Parking Card Parking Meter Parking Place Parking Space Parking Token Pedestrian Pedestrian Way Person Pole Trailer Police Officer Private Road or Driveway Public Hack Public Safety Vehicle Railroad Railroad Sign or Signal Railroad Train Receiving Station Residence District Right-of-Way Roadway Rollerskates Safety Zone School Bus Semitrailer Sidewalk Sight-Seeing Car Skateboard Standing State Route Stop (When Required) Stop or Stopping (When Prohibited) Stop Intersection Street or Highway; Arterial Street Taxicab Taximeter Through Street or Highway Thruway Traffic Traffic Control Devices Traffic Control Signal Trailer Truck Truck Zone Urban District

3 Vehicle Cross-reference: Blind person defined, CO Drag racing defined, CO Funeral procession defined, CO Junk vehicle defined, CO Sign defined, CO Studded tire defined, CO Tow truck defined, CO Statutory reference: See sectional histories for similar State law Meaning of Words and Phrases The following words and phrases when used in this Traffic Code, except as otherwise provided, shall have the meanings respectively ascribed to them in this chapter Agricultural Tractor Agricultural tractor means every self-propelling vehicle designed or used for drawing other vehicles or wheeled machinery, but having no provision for carrying loads independently of such other vehicles, and used principally for agricultural purposes. (RC (J); Ord. No Passed , eff ) Alley Alley means 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 is less than thirty (30) feet wide between property lines, or that has been declared an alley by Council. (RC (XX); Ord. No Passed , eff ) Automatically Operated Gate Automatically operated gate means any mechanical device placed or erected within a Municipal parking facility for the regulation of parking, so designed that a gate across the exit or entrance of such parking facility automatically raises to allow a single vehicle to be moved through the exit or entrance upon the deposit in such gate of coins or parking tokens, or upon the insertion in such gate of a parking key or parking card, as indicated on the automatically operated gate Bicycle; Motorized Bicycle (a) Bicycle means 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 (2) tandem wheels or one (1) wheel in the front and two (2) wheels in the rear, any of which is more than fourteen (14) inches in diameter. (RC (G)) (b) Motorized bicycle means any vehicle having either two (2) tandem wheels or one (1) wheel in the front and two (2) wheels in the rear, that is capable of being pedaled and is equipped with a helper motor of not more than fifty (50) cubic centimeters piston displacement which produces no more than one (1) brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty (20) miles per hour on a level surface. (RC (H); Ord. No Passed , eff ) Bus Bus means every motor vehicle designed for carrying more than nine (9) passengers and used for the transportation of persons, other than in a ridesharing arrangement as defined in RC (DDD), and every motor vehicle, automobile for hire or funeral car, other than a taxicab motor vehicle used in a ridesharing arrangement, designed and used for the transportation of persons for compensation. (RC (L); Ord. No Passed , eff ) Business District

4 Business district means the territory fronting upon a street or highway, including the street or highway, between successive intersections where fifty percent (50%) or more of the frontage between such successive intersections is occupied by buildings in use for business, or where fifty percent (50%) or more of the frontage for a distance of three hundred (300) feet or more is occupied by buildings in use for business, and the character of such territory is indicated by official traffic control devices. (RC (NN); Ord. No Passed , eff ) Center or Center Line of Street Center or center line of street means the exact center of the improved portion of the roadway, or that line designated and marked by traffic control devices for the purpose of dividing traffic moving in opposite directions into right and left sides of the roadway Coach Coach means a public hack so designed and constructed to comfortably seat four (4) or more persons inside thereof, in the opinion of the Commissioner of Assessments and Licenses Commercial Car Commercial car means any motor vehicle having motor power designed and used for carrying merchandise or freight, or used as a commercial tractor. (RC (J); Ord. No Passed , eff ) Commercial Motor Vehicle Commercial motor vehicle means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications: (a) Any combination of vehicles with a combined gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds; (b) Any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of ten thousand (10,000) pounds; (c) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but that either is designed to transport sixteen (16) or more passengers including the driver, or is placarded for hazardous materials; (d) Any school bus with a gross vehicle weight rating of less than twenty-six thousand one (26,001) pounds that is designed to transport fewer than sixteen (16) passengers including the driver; (e) Is transporting hazardous materials for which placarding is required by regulations adopted under the Hazardous Materials Transportation Act, 88 Stat (1975), 49 U.S.C. 1801, as amended; (f) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the federal highway administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane. (RC (E); Ord. No Passed , eff ) Commercial Tractor Commercial tractor means 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 such other vehicles, or the load thereon, or both. (RC (I); Ord. No Passed , eff ) Commercial Unit Commercial unit means any commercial tractor, truck, trailer, semitrailer, pole trailer or commercial car; or any other combination of these vehicles, when a commercial tractor, truck or commercial car is actually connected to one (1) or more trailers, semitrailers, or pole trailers for the purpose of drawing such vehicles Controlled-Access Highway Controlled-access highway means every street or highway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such street or highway.

5 (RC (CC); Ord. No Passed , eff ) Crosswalk Crosswalk means: (a) That 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; (b) Any portion of a roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface; (c) Notwithstanding subsections (a) and (b) hereof, there shall not be a crosswalk where local authorities have placed signs indicating no crossing. (RC (LL); Ord. No Passed , eff ) Driver or Operator Driver or operator means every person who drives or is in actual physical control of a vehicle, trackless trolley, or streetcar. (RC (Y); Ord. No Passed , eff ) Electric Personal Assistive Mobility Device Electric personal assistive mobility device means a self-balancing two (2) non-tandem wheeled device that is designed to transport only one (1) person, has an electric propulsion system of an average of seven hundred fifty (750) watts, and when ridden on a paved level surface by an operator who weights one hundred seventy (170) pounds has a maximum speed of less than twenty (20) miles per hour. (Ord. No Passed , eff ) Emergency Vehicle Emergency vehicle means emergency vehicles of municipal, township or county departments or public utility corporations when identified as such as required by law, the Ohio Director of Public Safety, or local authorities, and motor vehicles when commandeered by a police officer. (RC (D); Ord. No Passed , eff ) Expressway Expressway means a divided arterial highway for through traffic with full or partial control of access with an excess of fifty percent (50%) of all crossroads separated in grade. (RC (ZZ); Ord. No Passed , eff ) Freeway Freeway means a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access. (RC (YY); Ord. No Passed , eff ) Funeral Escort Vehicle Funeral escort vehicle means any motor vehicle, including a funeral hearse, while used to facilitate the movement of a funeral procession. (RC (WW); Ord. No Passed , eff ) Gross Weight Gross weight means the weight of a vehicle plus the weight of any load thereon. (RC (V); Ord. No Passed , eff ) Intersection 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 (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; or two (2) or more municipal parking lot drives which join one another.

6 (b) Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. If an intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection. (c) The junction of an alley with a street or highway, or with another alley, shall not constitute an intersection. (RC (KK); Ord. No Passed , eff ) Laned Street or Highway Laned street or highway means a street or highway, the roadway of which is divided into two (2) or more clearly marked lanes for vehicular traffic. (RC (GG); Ord. No Passed , eff ) Parking Meter Zone Parking meter zone means any section of a street or highway where parking meters are installed adjacent to the curb Motor Carrier Motor carrier means any person engaged exclusively in the operation of motor vehicles for carrying persons for hire from points within the City to points outside the City Motorcycle Motorcycle means 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 (3) 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. (RC (C); Ord. No Passed , eff ) Motor Vehicle Motor vehicle means 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 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 twenty-five (25) miles per hour or less, threshing machinery, hay-baling machinery, agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural and vegetable products, and trailers designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten (10) miles and at a speed of twenty- five (25) miles per hour or less. (RC (B); Ord. No Passed , eff ) Municipal Parking Facility Municipal parking facility means any property owned by or under the control of the City of Cleveland designed and used by the public for the parking or storage of vehicles, except streets or highways Municipal Parking Facility Drive Municipal parking facility drive means that portion of a Municipal parking facility designated for the purpose of providing ingress and egress to vehicles and used for the movement of vehicular travel within a Municipal parking facility Net Weight Net weight means the weight of any vehicle or commercial unit exclusive of the weight of any load thereon.

7 Operate for Hire Operate for hire includes plying for hire and carrying passengers for hire and means the engaging by any person, firm or corporation, directly or through any agent, lessee, representative, officer or employee in the business of transporting persons, or of providing or furnishing such transportation service, for hire to the public generally or under special or individual contracts, over the streets and highways of the City, and also includes the soliciting of public patronage upon the streets and highways of the City, the demanding, accepting or receiving of any compensation, remuneration, reward, gift, donation, gratuity, tip or other consideration, for transporting any person or persons over the public streets of this City, whether the amount received is equal to, greater or less than the rates prescribed in Section ; the holding out of himself, herself, themselves or itself to the general public as prepared to transport any person or persons without charge or for such fee as the person or persons transported may voluntarily contribute; and the employing of any other scheme, device or method to circumvent or evade the provisions of this Traffic Code Park or Parking Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading Parking Key or Parking Card Parking key or parking card means any key or card or similar device issued by the Commissioner of Traffic Engineering and Parking designed to be inserted into a parking meter upon a Municipal parking facility or automatically operated gate so that upon such insertion the parking meter or automatically operated gate will be set into operation Parking Meter Parking meter means any mechanical device placed or erected upon a Municipal parking facility or in a metered parking zone which indicates thereon the legal parking time established by the City, and when operated by the deposit of coins, parking tokens or by the insertion of a parking key or parking card, indicates the allowable legal parking time and, at the expiration of such period of time, indicates illegal or overtime parking Parking Place Parking place means any garage or other building or part thereof, or any premises or parcel of land in or upon which a business of storing more than ten (10) motor vehicles in any twenty-four (24) hour period is conducted for eight (8) months or more in any calendar year, where the owner or person storing such vehicles is charged a fee, but excluding the rental of private garages and the all-night storing of vehicles upon the premises of and in connection with the operation of regularly established gasoline stations Parking Space Parking space means any space within Municipal parking facility which is designated for the parking of a single vehicle by markings on the surface of the Municipal parking facility Parking Token Parking token means any special coin or device issued by the Commissioner of Traffic Engineering and Parking, designed to be deposited into a parking meter upon a Municipal parking facility or automatically operated gate so that upon such deposit the parking meter or automatically operated gate will be set into operation Pedestrian Pedestrian means any natural person afoot. (RC (X); Ord. No Passed , eff )

8 Pedestrian Way Pedestrian way means property dedicated to the City of Cleveland upon which pedestrian, bicycle and City-owned vehicular traffic is permitted, but all other vehicular traffic is prohibited. A pedestrian way may include City-operated gates or other barriers designed to control access during certain hours. (Ord. No Passed , eff ) Person Person means every natural person, firm, copartnership, association or corporation. (RC (W); Ord. No Passed , eff ) Pole Trailer Pole trailer means 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, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (RC (O); Ord. No Passed , eff ) Police Officer Police officer means every officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations. (RC (Z); Ord. No Passed , eff ) Private Road or Driveway Private road or driveway means 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. (RC (DD); Ord. No Passed , eff ) Public Hack Public hack or hack means any public vehicle whose owner or driver secures or accepts passengers for hire on the public streets, or in public or quasipublic places, except carriages as defined in division (a) of Section and vehicles operated by the Cleveland Regional Transit Authority. (Ord. No A-91. Passed , eff ) Public Safety Vehicle Public safety vehicle means any of the following: (a) 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 RC ; (b) Motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the State or the Municipality; (c) Any motor vehicle when properly identified as required by the Ohio Director of Public 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 Ohio Fire Marshal shall be designated by the Ohio Director of Public Safety as the certifying agency for all public safety vehicles described in this division (c); (d) 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 Public Safety. 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 a public safety vehicle when transporting an ill or injured person to a hospital regardless of whether such vehicle has already passed a hospital. (e) Vehicles used by the commercial motor vehicle safety enforcement unit for the enforcement of orders and rules of the public utilities commission as specified in RC (RC (E); Ord. No Passed , eff ) Railroad Railroad means a carrier of persons or property operating upon rails placed principally on a private right-of-way.

9 (RC (P); Ord. No Passed , eff ) Railroad Sign or Signal Railroad sign or signal means 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. (RC (SS); Ord. No Passed , eff ) Railroad Train Railroad train means a steam engine, or an electric or other motor, with or without cars coupled thereto, operated by a railroad. (RC (Q); Ord. No Passed , eff ) Receiving Station Receiving station means any garage or parking lot which is guarded by an attendant at all times, to which vehicles may be removed under regulations set forth in this Traffic Code, when not called for by the owner before the hour of closing such parking lot or before the hour at which such parking lot becomes unattended Residence District Residence district means 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 (300) feet or more, the frontage is improved with residences or residences and buildings in use for business. (RC (OO); Ord. No Passed , eff ) Right-of-Way Right-of-way means either of the following, as the context requires: (a) The right of a vehicle, streetcar, trackless trolley, or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it or he or she is moving in preference to another vehicle, streetcar, trackless trolley, or pedestrian approaching from a different direction into its or his or her path; (b) 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. (RC (UU); Ord. No Passed , eff ) Roadway Roadway means 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 (2) or more separate roadways, the term roadway means any such roadway separately but not all such roadways collectively. (RC (EE); Ord. No Passed , eff ) Rollerskates Rollerskates means a device, propelled solely by human power, worn on the user s feet like shoes, consisting of a shoe or boot with wheels attached on the bottom of the shoe or boot allowing the user to be propelled over land by alternate action of the legs, this includes devices commonly known as rollerblades. (Ord. No Passed , eff without the signature of the Mayor) Safety Zone Safety zone means 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 as to be plainly visible at all times. (RC (MM); Ord. No Passed , eff ) School Bus

10 School bus means every bus designed for carrying more than nine (9) 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 the City, or within such 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 such bus is devoted exclusively to the transportation of children to and from a school session or a school function, and school bus does not include a van or bus used by a licensed child day-care center or type A family day-care home to transport children from the child day-care center or type A family day-care home to a school if the van or bus does not have more than fifteen (15) children in the van or bus at any time. (RC (F); Ord. No Passed , eff ) Semitrailer Semitrailer means 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. (RC (N); Ord. No Passed , eff ) Sidewalk Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. (RC (FF); Ord. No Passed , eff ) Sight-Seeing Car Sight-seeing car means a motor vehicle other than a bus and other than a public hack, engaged or employed in the business of carrying passengers for hire, or used in the conveyance for hire, of tourists and sight-seers, over the public streets, exclusively for the purpose of a sight-seeing trip in the visiting and viewing of places of interest Skateboard Skateboard means a device, propelled solely by human power, upon which a person may ride, consisting of a short, narrow board having a set of four (4) wheels mounted under it. (Ord. No Passed , eff ) Standing Standing means any stopping of a vehicle, whether occupied or not State Route State route means every highway which is designated with an official State route number and so marked. (RC (JJ); Ord. No Passed , eff ) Stop (When Required) Stop when required means a complete cessation of movement Stop or Stopping (When Prohibited) Stop or stopping when prohibited means any cessation of movement except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or of traffic control devices.

11 Stop Intersection Stop intersection means any intersection at one (1) or more entrances of which stop signs are erected. (RC (BBB); Ord. No Passed , eff ) Street or Highway; Arterial Street (a) Street or highway are synonymous and mean the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel. (RC (BB)) (b) Arterial street means any United States or State numbered route, controlled-access highway or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (RC (CCC); Ord. No Passed , eff ) Taxicab Taxicab means a coach driven by mechanical power on which a taximeter is affixed Taximeter Taximeter means a mechanical instrument or device by which the charge for hire of a public hack is mechanically calculated, either for distance traveled, for waiting time or both, and upon which such charges are indicated by means of figures Through Street or Highway Through street or highway means every street or highway as provided in Section (RC (HH); Ord. No Passed , eff ) Thruway Thruway means a through street or highway whose entire roadway is reserved for through traffic and on which roadway parking is prohibited. (RC (AAA); Ord. No Passed , eff ) Traffic Traffic means pedestrians, ridden or herded animals, vehicles, streetcars, trackless trolleys, and other devices, either singly or together, while using any street or highway for purposes of travel. (RC (TT); Ord. No Passed , eff ) Traffic Control Devices Traffic control devices means all flaggers, 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. (RC (QQ); Ord. No Passed , eff ) Traffic Control Signal Traffic control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop, proceed, change direction or not to change direction. (RC (RR); Ord. No Passed , eff ) Trailer Trailer means every vehicle designed or used for carrying persons or property wholly on its own structure and for being drawn by a motor vehicle, including

12 any such vehicle when formed by or operated as a combination of a semitrailer 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 street or highway at a speed greater than twenty-five (25) miles per hour, and a vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of more than ten (10) miles or at a speed of more than twenty-five (25) miles per hour. (RC (M); Ord. No Passed , eff ) Truck Truck means every motor vehicle, except trailers and semitrailers, designed and used to carry property. (RC (K); Ord. No Passed , eff ) Truck Zone Truck zone means that portion of the roadway so designated for the loading and unloading of materials and marked by signs Urban District Urban district means 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 (100) feet for a distance of a quarter of a mile or more, and the character of such territory is indicated by official traffic control devices. (RC (PP); Ord. No Passed , eff ) Vehicle "Vehicle" means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that "vehicle" does not include any motorized wheelchair, electric personal assistive mobility devices, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracts, or any device, other than a bicycle, that is moved by human power. A bicycle is a "vehicle". (RC (A); Ord. No Passed , eff ) CHAPTER 403 ENFORCEMENT, COMPLIANCE AND PENALTY Police Enforcement Duty Compliance with Lawful Order of Police Officer; Fleeing Regulations by Director of Public Service Downtown Area Parking Regulations by Police Chief Powers of Commissioner of Traffic Engineering and Commissioner of Streets Parking Enforcement Idle Reduction, Enforcement Littering Enforcement Appeal from License or Permit Denial, Suspension or Revocation Road Workers, Motor Vehicles and Equipment Excepted Application to Persons Riding, Driving Animals Upon Roadway Freeway Use Prohibited by Pedestrians, Bicycles and Animals Application to Drivers of Government Vehicles Traffic Code Misdemeanor Classifications and Penalties Cross-reference: Improperly handling firearms in a motor vehicle, CO Motor vehicle trespass, CO Taxicab license suspension or revocation, CO Unauthorized use of a vehicle, CO Willfully leaving vehicles on private or public property, CO Statutory reference: See sectional histories for similar State law Alteration of prima-facie speed limits, RC , , Designation of through streets and erection of stop or yield signs, RC ; CO

13 Local traffic control devices, RC Power of trial court of record to suspend or revoke license for certain violations, RC Power to designate highway as included in a freeway, expressway or thruway, RC Power to enact local traffic regulations, RC , Uniform application of Ohio Traffic Law, RC 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 or she 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 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 or her motor vehicle to a stop. (c) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC (RC (C); Ord. No Passed , eff ) 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 and ; (3) Designating streets or parts of streets upon which vehicular traffic shall move in only one (1) 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 (10) 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 (30) 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 (c) Council members affected by any proposed regulation of the Director may waive in writing the thirty (30) 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 (10) days after such publication and posting of signs as required by division (b) hereof. (Ord. No Passed , eff ) (BOC Res. No Adopted ) Downtown Area Parking (a) Except as provided in Chapter 451 no regulation adopted pursuant to Section 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) Notwithstanding any provision of the Codified Ordinances to the contrary, any parking meter space in the downtown parking area shall be free of charge on the day after Thanksgiving ( Black Friday ) and December 26th. (c) 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.

14 (Ord. No Passed , eff ) 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 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 (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 or she 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 or she deems necessary for the protection of pedestrians; (3) Determine lanes for traffic at such places as he or she 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 (1) registered physician certifying to its necessity. A temporary zone of quiet shall embrace all territory within a radius of two hundred (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 Passed , eff ) (BOC Res. No Adopted ) 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 Passed , eff ) Idle Reduction, Enforcement The Director of Public Safety may designate appropriate employees to enforce Section , and to issue citations for any violation of that section. (Ord. No Passed , eff ) 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 , , , and of the Codified Ordinances, and to issue citations for any violation thereof Appeal from License or Permit Denial, Suspension or Revocation

15 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 (10) 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 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 to , to , , and RC 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 ; Ord. No Passed , eff ) 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 ; Ord. No Passed , eff ) 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 (5) brake horsepower; an agricultural tractor; or farm machinery; except in the performance of public works or official duties. (RC ; Ord. No Passed , eff ) 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 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 (1) year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one (1) year after the first offense such person is guilty of a misdemeanor of the third degree. (RC ). When any person is found guilty of a first offense for violation of Section , upon a finding that he or she operated a motor vehicle in excess of the posted speed limit by ten (10) 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 , in addition to all other penalties provided by law, such person shall be fined two (2) times the usual amount imposed for the violation. (2) Street Racing. Whoever violates Section is guilty of a misdemeanor of the first degree. (3) Licensing Drivers. Whoever violates any provision of Sections to , inclusive, is guilty of a misdemeanor of the first degree. (4) Accidents. Whoever violates any provision of Sections to , inclusive, is guilty of a misdemeanor of the first degree. (5) Willfully Fleeing a Police Officer. Whoever violates division (b) of Section is guilty of a misdemeanor of the first degree. (6) Stopping for School Buses. Whoever violates division (a) of Section is guilty of a misdemeanor of the first degree. (7) Placing Dangerous Material on Streets. Whoever violates division (e) of Section is guilty of a misdemeanor of the first degree. (8) Bicycle Safety Violations. Whoever violates divisions (d) and (e) of Section , division (e) of Section , division (e) of Section ,

16 and Section is guilty of a minor misdemeanor on a first offense; on each subsequent offense within one (1) year of the first offense such person is guilty of a misdemeanor of the fourth degree; if such a violation causes a collision between a motor vehicle and a bicycle, such person is guilty of a misdemeanor of the third 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. Misdemeanor Classification Maximum Imprisonment Term Maximum Fine 1st degree 6 months $1, nd degree 90 days $ rd degree 60 days $ th degree 30 days $ Minor None $ (RC ) (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 (30) days nor more than three (3) 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 ; B. Sections to , 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 (6) 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 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 shall be the same as that imposed pursuant to division (B) of RC upon a person who is convicted of or pleads guilty to a violation of RC , 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 (15) days who is convicted of or pleads guilty to a violation of operating a motor vehicle faster than five (5) miles per hour in excess of the prima-facie speed limits specified in Section 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 (30) days who is convicted of or pleads guilty to any offense specified in this division. The first five (5) days may not be suspended by the Court. (Ord. No Passed , eff ) CHAPTER 405 IMPOUNDING Vehicle Pounds Authorized Impounding of Vehicles Ticketing and Impoundment of Vehicles by the Division of Parking Facilities Release of Vehicles Impounded by the Division of Parking Facilities Continuous Violation Tickets Report of Condition of Vehicle Towed by Private Agency Storage Fee at Vehicle Pound Redemption of Impounded Vehicles; Bond; Hearing; Trial Impounding and Towing Fees Pound Records Impounding Commercial Vehicles; Fees Impounding Bicycles Towing Preparation Fees Fee for Incompleted Tow Fee for Diverting Recovered Stolen Vehicles and Other Vehicles from Impoundment; Agreements Authorized Auctioning of Impounded Motor Vehicles that are Unclaimed or Abandoned Cross-reference: Abandoned junk vehicles, CO Abandoned vehicles, CO Driving unsafe, damaged vehicles, CO Use of illegal license plates prohibited, CO Statutory reference: Disposition of unclaimed vehicles, RC , et seq.

17 Vehicle Pounds Authorized The Director of Public Safety is hereby authorized to create vehicle pounds, to which vehicles may be removed by police officers in the manner hereinafter provided. Such pounds shall be located at such places as may be designated by the Director. Each pound shall be in the charge of a police officer. The Chief of Police shall designate a police officer to remain in attendance at each pound from 7:00 a.m. to 10:00 p.m. each day except Sunday, for the purpose of receiving, safeguarding and discharging vehicles as hereinafter provided Impounding of Vehicles Police officers are authorized to provide for the removal of a vehicle under the following circumstances: (a) When any vehicle is left unattended upon any street, alley or bridge and constitutes an unreasonable hazard or obstruction to the normal movement of traffic or unreasonably interferes with street cleaning or snow removal operations, or when any vehicle is left on any street or public property for more than seventytwo (72) hours. (b) (1) Upon complaint of any person adversely affected, when any motor vehicle, other than an abandoned junk motor vehicle as defined in RC , has been left on private residential or agricultural property as defined in RC for more than four (4) hours without the permission of the person having the right to the possession of the property. (RC (A)(1)) (2) When any motor vehicle, other than an abandoned junk motor vehicle as defined in RC , has been left on a public street or other property open to the public for the purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for forty-eight (48) hours or longer without notification to the Chief of Police of the reasons for leaving the motor vehicle in such place. (RC ) (3) When any motor vehicle is an abandoned junk motor vehicle as defined in RC and removal is authorized by that Section. (RC ) (4) When any junk motor vehicle as defined in RC has not been either covered by being housed in a garage or other suitable structure, or removed from the property, within ten (10) days of the date of receipt of a notice meeting the requirements of division (b) of Section by the person having the right to possession of the property on which the junk motor vehicle is left. (RC ) (c) When any vehicle has been stolen or operated without the consent of the owner. (d) When any vehicle is parked on any street or other public property and displays illegal plates or fails to display the current lawfully required license plates. (e) When any vehicle has been used in or connected with the commission of procuring, soliciting, prostitution, soliciting drug sales in violation of Section , or any felony. (f) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code, whereby its continued operation would constitute a condition hazardous to life, limb or property. (g) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator. (h) When any vehicle has been operated by any person who failed to stop in case of accident or collision. (i) When any vehicle has been operated by any person who is driving without a lawful license or while his or her license has been suspended or revoked. (j) When any vehicle is found standing or parked in violation of the provisions of Section , , , , , , , , or of these Codified Ordinances and such vehicle has four (4) or more of any combination of: (1) Unpaid parking infraction judgments, and/or (2) Notices of liability under Section for red light or speeding violations, provided that the notices of liability under Section are not on appeal, and/or (3) Previously issued outstanding criminal citations or notices of violation of any of the provisions of the Traffic Code. (k) When any vehicle constitutes an unreasonable hazard to persons or property at the scene of a fire, accident, disaster, riot or emergency of any kind. (l) When any vehicle is found standing or parked in violation of the provisions of Sections , , through , , through , division (e) or division (f) of Section , or division (a) of Section (m) When any vehicle is ordered immobilized pursuant to RC Chapters 4503, 4507, or (n) When any vehicle that is subject to an order of immobilization and impoundment under RC is found being operated on any street or highway. (o) When any vehicle: (1) Displays license plates that are associated with five (5) or more of any combination of unpaid parking infraction judgments and/or notices of liability under Section for red light or speeding violations, provided that the notices of liability under Section are not on appeal, and (2) The vehicle is found standing or parked on any street or highway in the Central Business District, without regard to whether any parking infraction is being committed at the time. As used in this division, Central Business District has the same meaning as in Section of the Codified Ordinances; and (3) The Parking violations Bureau has sent a notice by regular US mail to the person to whom the license plates are registered that the conditions in division (o)(1) of this section exist and that the vehicle may be towed as provided in division (o) of Section (Ord. No , 2. Passed , eff ) Ticketing and Impoundment of Vehicles by the Division of Parking Facilities

18 (a) The persons described in division (c) of this section may issue a parking infraction ticket when a vehicle is parked in violation of any section of these Codified Ordinances that section defines as a parking infraction. (b) A condition report shall be made in the manner described in Section for any vehicle caused to be impounded by an employee of the Division of Parking Facilities. The original report shall be retained by the Division of Parking Facilities, and the copies shall be distributed as provided in Section The employee causing the vehicle to be impounded shall stay on the scene until the vehicle is removed. (c) This section shall apply to those employees of the Division of Parking Facilities whose duties include issuing parking infraction tickets or providing for the impoundment of vehicles. This section shall not affect the authority of any other City employee. (Ord. No Passed , eff ) Release of Vehicles Impounded by the Division of Parking Facilities Any vehicle impounded pursuant to Section shall be released in the manner described in Section (Ord. No Passed , eff ) Continuous Violation Tickets (a) No person shall stand or park a vehicle in continuous violation of any parking infraction offense. (b) Any person authorized to issue parking infraction tickets who observes that a vehicle has been parked for two (2) hours or more in continuous violation of a parking infraction offense may issue a second parking infraction ticket served in accordance with Chapter 459. (c) No vehicle found standing or parked in continuous violation of any parking infraction offense shall be ticketed more than twice per calendar day for the same infraction in the same location. (Ord. No Passed , eff ) Report of Condition of Vehicle Towed by Private Agency (a) The police officer who orders a motor vehicle to be taken into custody and towed by private towing agencies from the scene where found, shall make a report of the general condition of the vehicle and a list of its contents found in and about the interior. Such report shall be made in quadruplicate at the time the order or request to tow is made, upon forms prescribed by the Division of Police. The original and one (1) copy of the report shall be kept in the files of the Division, one (1) copy shall be delivered to the person who is to tow the vehicle and one (1) copy shall be delivered to the owner of the vehicle at the time of release. The person who tows the vehicle shall sign all copies of the report prior to removing the vehicle from the scene. However, in the case of junk, abandoned or stripped vehicles, in the case of vehicles towed away under the emergency snow ban Section , or in the case of vehicles towed to City lots, it shall not be necessary that the police officer remain at the scene until the arrival of the towing agency. In any case of urgent police necessity, the officer may leave the scene, but shall return immediately after disposition of the emergency, or if the vehicle has been towed away, he or she shall go immediately to the towing agency, reinspect the vehicle and obtain the signature of the tow truck operator or the agency representative. (b) No person shall remove tires, parts, equipment or anything of value from a motor vehicle taken into tow. (c) The tow truck operator and the agency which he or she represents shall then be held responsible for the safe keeping of such vehicle until such time as it is reclaimed by the owner. If the vehicle is not maintained in the same condition as when received or has had anything detached or removed from it the towing agency shall be liable and shall compensate the owner accordingly. (d) A conviction under this section or failure to fulfill this responsibility to properly safe keep such vehicle or to compensate for damage or loss shall result in the forfeiture of any agency s right and authority to conduct any further towing transaction for the Division of Police Storage Fee at Vehicle Pound Whenever any vehicle, except a bicycle, is stored in a vehicle pound for any reason, the person reclaiming the vehicle shall be charged a storage fee of nine dollars ($9.00) for the first five (5) days or fraction thereof, and thereafter shall be charged six dollars ($6.00) for each day or fraction of a day. No fee for storage shall be charged when the vehicle is the property of the victim of a crime and said vehicle is being held by the Division of Police for processing. (Ord. No Passed , eff ) Redemption of Impounded Vehicles; Bond; Hearing; Trial (a) The owner or other person lawfully entitled to possession of an impounded vehicle shall have the following three (3) options with respect to such vehicle: (1) The owner or other person lawfully entitled to possession of such vehicle shall pay a towing charge of twenty-five dollars ($25.00) for an ordinary tow or thirty-five dollars ($35.00) for a dolly tow, all outstanding fines for violating provisions of this Traffic Code, and a storage fee of three dollars ($3.00) for each day or part thereof the vehicle is impounded after the first twenty-four (24) hours. Upon such payment, the vehicle shall be released. (2) The owner or other person lawfully entitled to possession of such vehicle shall furnish a bond in an amount as set by rule of the Municipal Court. Such bond shall be upon condition that such owner or other person appear in the Municipal Court to answer the violation which caused the vehicle to be impounded. The date for such appearance shall be scheduled when the bond is posted. Upon the posting of such bond, the vehicle shall be released. (3) The owner or other person lawfully entitled to possession of such vehicle shall request a probable cause hearing. The hearing shall take place on

19 the day after such owner or other person has given written notice to the Cleveland Police Division Vehicle Impound Unit of his or her intention to challenge the towing. If, however, such day is a Saturday, Sunday or legal holiday, the hearing will be held on the next day which is not a Saturday, Sunday or legal holiday. The hearing shall be held before a judge in the Municipal Court. The scope of the hearing shall be confined to the issue of whether there was probable cause to believe the vehicle was parked in violation of law at the time of towing. The Court shall receive into evidence the Police Division s dispatch card on the vehicle or the traffic citation or notice which led to the impoundment of the vehicle. The Court shall also receive into evidence a computer printout from the Cleveland Alert Law Enforcement System (CALES) if the vehicle was towed pursuant to Section (j). The admission into evidence of the dispatch card or traffic citation or notice, or the dispatch card or traffic citation or notice and the computer printout where the vehicle was towed pursuant to Section (j), shall constitute a prima facie showing of probable cause. Additional evidence however, may be offered by the City. The owner or other person lawfully entitled to possession of the vehicle may offer evidence at the conclusion of the City s case, which may be followed by rebuttal. The hearing shall be conducted under the rules of evidence prevailing in criminal trials generally. Upon conclusion of all the evidence, the Court shall do one (1) of the following: A. Find that there was no probable cause to believe that the vehicle was parked in violation of law at the time of towing, in which case the vehicle shall be released without charge. B. Find that there was probable cause to believe that the vehicle was parked in violation of law at the time of towing, in which case the vehicle shall be held pending trial on the traffic citation. The trial on the merits of the traffic citation shall be scheduled upon a finding of probable cause. However, the owner or other person lawfully entitled to possession of the vehicle may furnish a bond as provided in subsection (a)(2) hereof, and claim the vehicle pending trial. (b) If at the trial on the merits of the traffic citation, the Court finds the defendant not guilty, the vehicle, if impounded, shall be released without charge. If the Court finds the defendant guilty, the Court shall, in addition to court costs and any sentence on the traffic citation, impose a fine consisting of the impounding fee and towing fee established by Section The fine comprised of the impounding fee, the towing fee and the storage fee is mandatory, and the Court shall not suspend any part of such fine. Upon the payment of all of the foregoing sums, the vehicle shall be released. (c) No vehicle shall be released pursuant to this section unless the person claiming ownership or lawful possession produces proof of identity and ownership. (Ord. No A-80. Passed , eff ) Impounding and Towing Fees (a) In addition to the storage fee provided for in Section , the following fees shall be assessed against the owner or other person claiming an impounded vehicle: (1) An impound fee of thirty dollars ($30.00), except that the impound fee shall be reduced to ten dollars ($10.00) for a person reclaiming a recovered stolen vehicle. (2) A towing fee of one hundred dollars ($100.00), except that the towing fee shall be reduced to fifty dollars ($50.00) for a person reclaiming a recovered stolen vehicle, and shall be increased to one hundred and fifty dollars ($150.00) for a person reclaiming a vehicle impounded incident to an arrest. The towing charge shall be increased by twenty dollars ($20.00) if a dolly or flatbed is used or if a tire or tires are changed. (b) No towing or impounding fees shall be charged when the vehicle is the property of the victim of a crime and such vehicle is being held by the Division of Police for processing. (Ord. No Passed , eff ) Pound Records The police officer or person in charge of the vehicle pound shall keep the names of all owners of vehicles impounded, license plate numbers and the nature and circumstances of each violation, as well as the disposition of each case. The Clerk of the Municipal Court shall account for all fees collected under this chapter and pay the same into the City Treasury Impounding Commercial Vehicles; Fees (a) Storage Fee. Notwithstanding the provisions of Section , whenever any commercial vehicle is impounded and stored, either in a vehicle pound operated by the City or other area designated by the Director of Public Safety, a charge of ten dollars ($10.00) per day or fraction thereof in excess of twenty-four (24) hours, shall be charged for the storage of all commercial vehicles not exceeding five (5) tons net weight, and a charge of twenty dollars ($20.00) per day or fraction in excess of twenty-four (24) hours, shall be charged for the storage of all commercial vehicles in excess of five (5) tons net weight. (b) Towing Fees. Notwithstanding the provisions of Section , the fees for towing a commercial vehicle will be assessed in accordance with this division. Each firm that is under contract with the City for the towing of commercial vehicles under the authority of Section shall be paid in accordance with the schedule of its commercial rates on file with the Director of Public Safety as required by division (d) of Section (c) Impounding Fee. An impounding fee of thirty dollars ($30.00) shall be charged. (d) Fees Assessed. The storage and impounding fees provided for in this section shall be assessed against the owner or other person claiming such impounded vehicles. (Ord. No Passed , eff ) Impounding Bicycles Whenever any bicycle is operated by any minor under the age of eighteen (18) years in violation of the provisions of this Traffic Code, such bicycle may be

20 impounded by any police officer in any vehicle pound established under authority of Section When any bicycle has been impounded, written notice or personal service shall be made forthwith by the officer in charge of such pound to a parent or guardian of the licensee of such bicycle. The bicycle so impounded shall be surrendered to a parent or guardian of such minor after payment of any impounding charge and a full explanation to the parent or guardian of the reason for seizing the bicycle. When any impounded bicycle is not redeemed within three (3) days after mailing of notice or personal service, a charge of twenty-five cents ($0.25) per day but not to exceed one dollar ($1.00) shall be made by the officer in charge of the pound and collected by the Clerk of the Municipal Court for such impounding Towing Preparation Fees (a) The owner or other person claiming an impounded vehicle other than a commercial vehicle shall be assessed the following towing preparation fees in addition to the other fees and costs provided for in these Codified Ordinances: (1) Three dollars ($3.00) for each fuse needed. (2) Two dollars ($2.00) for removal of the transmission pin. (3) A rate of seven dollars ($7.00) per quarter hour or fraction thereof in excess of one-half (1/2) hour for the preparation of the vehicle for towing, commencing at the arrival of the tow truck at the vehicle to be impounded, provided that any of the following circumstances exist: A. When the vehicle is not on the traveled portion or berm of the roadway, such as over an embankment or in deep snow or mud; or B. When it is necessary to separate vehicles or pull the vehicle from an obstruction; or C. When it is necessary to right the vehicle on its wheels. (b) The owner or other person claiming an impounded commercial vehicle shall be assessed the following towing preparation fees in addition to the other fees and costs provided for in these Codified Ordinances: (1) Three dollars ($3.00) for each fuse needed. (2) Seventy five dollars ($75.00) per dolly required. (3) A rate of thirty-six dollars ($36.00) per hour or fraction thereof, and thereafter a rate of eighteen dollars ($18.00) per half hour or fraction thereof, per additional helper. (4) Two hundred dollars ($200.00) for each rescue kit (air bags) per hour or fraction thereof to a maximum of one thousand two hundred dollars ($1,200.00). (Ord. No Passed , eff ) Fee for Incompleted Tow (a) If the owner or other person claiming a right to lawful possession of a vehicle to be impounded for a violation of any of the parking infraction offenses listed in division (l) of Section arrives at the scene prior to the actual conveyance of the vehicle and identifies himself or herself and establishes to the satisfaction of the police officer that he or she is entitled to possession of the vehicle, the police officer providing for the removal of the vehicle shall direct that the activity to remove the vehicle be ceased. The police officer shall then direct that the possession of the vehicle be retained by or returned to the owner or other person claiming lawful possession of the vehicle, provided that all of the following are true, in the opinion of the police officer: (1) The owner or other person claiming lawful possession of the vehicle is capable of safely taking possession of the vehicle; and (2) The flow of traffic will not be unreasonably impeded; and (3) The health, safety or welfare of the public will not be adversely affected. (b) If the circumstances described in division (a) of this section occur after a tow truck has arrived at the vehicle and activity to remove the vehicle has commenced, then the owner or other person claiming lawful possession of the vehicle shall be charged a fee of twenty-five dollars ($25.00), twenty dollars ($20.00) of which shall be for the cost of the activity to remove the vehicle and five dollars ($5.00) of which shall be attributed to the cost of releasing the vehicle. (c) A police officer shall not direct that a vehicle be retained by or returned to the owner or other person pursuant to division (a) of this section in cases in which there are four (4) or more parking infraction judgments or previously issued outstanding criminal citations or notices of violation of any of the provisions of this Traffic Code associated with the vehicle. (Ord. No Passed , eff ) Fee for Diverting Recovered Stolen Vehicles and Other Vehicles from Impoundment; Agreements Authorized A fee shall be charged to participants in a program established by the Director of Public Safety to divert, as an alternative to impoundment, recovered stolen vehicles, damaged or wrecked vehicles resulting from traffic accidents that are subject to impoundment under Section , and other classes of vehicles as determined by the Director, to the possession of an insurance company, the owner of the vehicle, or a third party acting on behalf of the insurance company or owner. The Board of Control shall establish a fee per vehicle to be charged to the participants in the program. The Director of Public Safety may enter into agreements to conduct a vehicle diversion program as described in this section. (Ord. No Passed , eff ) Auctioning of Impounded Motor Vehicles that are Unclaimed or Abandoned (a) The Director of Public Safety may arrange for the auction of non-commercial and commercial vehicles that are impounded under the authority of these Codified Ordinances, other than vehicles subject to forfeiture under RC Chapter 2933 where the disposition of the vehicle is governed by that chapter, and that are