PART FOUR — TRAFFIC CODE Title III — Streets And Traffic Control Devices
Chapter 411 — Street Obstructions and Special Uses Complete to June 30, 2010 CROSS REFERENCES
See sectional histories for similar State law.
Power to regulate processions or assemblages, RC 4511.07
Dropping, sifting and leaking loads, CO 439.11
411.01 Placing Injurious Material or Obstruction in Street (a) No person shall place or knowingly drop upon any part of a highway, lane, road, street, or alley any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person, vehicle or animal traveling along or upon such street, except such substances that may be placed upon the roadway by proper authorities for the repair or construction thereof.
(b) Any person who drops or permits to be dropped or thrown upon any street any noxious, destructive or injurious material shall immediately remove the same.
(c) Any person authorized to remove a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle.
(d) No person shall place any obstruction in or upon a street without proper authority.
(e) No person, with intent to cause physical harm to a person or a vehicle, shall place or knowingly drop upon any part of a highway, lane, road, street or alley any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person, vehicle or animal traveling along or upon such highway, except such substances that may be placed upon the roadway by proper authority for the repair or construction thereof.
(RC 4511.74; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
411.011 Street Obstruction Permits (a) No person shall place or cause to be placed any object or property so as to obstruct the public's use of any highway, lane, road, street or alley without first obtaining a street obstruction permit from the Director of Public Service.
(b) An application for a street obstruction permit shall contain the following information:
(1) The name of the applicant;
(2) The location of the proposed obstruction;
(3) The purpose of the obstruction;
(4) The proposed commencement date, time and estimated duration of the obstruction; and
(5) A traffic maintenance plan. (c) The application shall be accompanied with the fee established from time to time by the Board of Control and evidence of a public liability insurance policy issued by an insurer authorized to transact business in Ohio, in an amount not less than $1,000,000.00, listing the City of Cleveland as an additional insured.
(d) The Director may deny or revoke a street obstruction permit whenever the Director finds:
(1) The applicant has previously violated the provisions of a street obstruction permit or has submitted materially false or incomplete information on any street obstruction permit application; or
(2) The obstruction would unreasonably interfere with another obstruction for which a permit has been issued; or
(3) The time, place or size of the obstruction would unreasonably interfere with public convenience and safe use of the street;
(4) The obstruction would unreasonably interfere with the movement or service capability of emergency or service vehicles; or
(5) The obstruction would unreasonably interfere with a construction project.
(e) Whoever violates division (a) of this Section shall be fined not less than two hundred dollars ($200.00).
(f) This section shall not apply to any person that has been issued a permit under the following Chapters of the Codified Ordinances:
(1) Chapter 133 relating to special events;
(2) Chapter 411 relating to parades;
(3) Chapter 503 relating to street openings and maintenance; or
(4) Chapter 3109 relating to encroachment permits.
(Ord. No. 1170-03. Passed 7-16-03, eff. 7-23-03)
411.02 Disposal of Snow No person removing snow from any private driveway within the City shall deposit such snow upon the pavement of any public street or on any tree lawn on any public street, except the tree lawn immediately in front of the premises from which the snow is removed.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
411.03 Play Streets Whenever authorized signs are erected designating any street or part thereof as a play street, no person shall drive a vehicle upon such street or portion thereof unless necessary to the service or convenience of persons residing on such street or unless such person resides thereon.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
411.04 Toy Vehicles and Games on Streets; Seizure and Disposal of Mobile Basketball Hoops (a) No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon a roadway except while crossing a street at a crosswalk and except upon streets set aside as play streets when authorized as such. (b) No person shall fly a kite or play any game of ball, including playing or using mobile or moveable basketball hoops, or other game on any street unless the same has been set aside for playground purposes.
(c) In addition to the penalties set forth in Section 403.99 any mobile or moveable basketball hoop or any equipment or device used as a moveable or mobile basketball hoop, that has been used on two (2) occasions in the commission of a violation of division (b) of this section for which convictions have been entered in the court's journal, without regard to the ownership of the property and without regard to whether the same person(s) were convicted of both offenses, is hereby declared to be contraband, and shall be seized and disposed of in accordance with Section 2933.43 of the Revised Code.
(Ord. No. 1263-02. Passed 10-28-02, eff. 10-31-02)
411.05 Parades; Permit and Fee (a) No person shall parade or hold a procession in or upon any streets, highways, parks, or public grounds of the City without first obtaining a permit from the Commissioner of Assessments and Licenses.
(b) No driver of a vehicle shall drive between vehicles or persons comprising a parade or other authorized procession when the vehicles or persons are in motion and are conspicuously designated as a parade or procession.
(c) The parade or procession permit shall be issued only upon approval of the application by the Chief of Police and the Director of the department having control of the streets, parks, or public grounds on which the parade or procession is to be held. The permit or any order accompanying it may limit or prescribe reasonable conditions, including the hours, the places of assembly and of dispersal, the route of march or travel and the streets, highways, or portions which may be used or occupied.
(d) Each application for a permit shall be in duplicate, each copy thereof to be signed by the applicant, and shall be in a form as prescribed by the Commissioner. Applications shall be filed with the Commissioner at least five days before the date of the parade.
(e) For each permit issued under this section, a fee of ten dollars ($10.00) shall be paid by the applicant upon making application. If the permit is refused, the fee shall be returned to the person paying the same.
(f) Each permit when issued shall have attached a duplicate copy of the application signed by the applicant, and each permit shall be in a form prescribed by the Commissioner.
(g) The Commissioner may refuse to issue the permit if the applicant, group, organization, or persons represented by the applicant have previously violated the provisions of a similar permit or have violated any City ordinances or laws of Ohio or of the United States in connection with a previous parade or procession in or upon the streets, parks, or public grounds of the City or elsewhere; or if by reason of the nature of the proposed parade or procession or of the character and type of the objects to be promoted or for the following reasons:
(1) The time, place, size or conduct of the parade including the assembly areas and route of march would unreasonably interfere with the public convenience and safe use of the streets and highways.
(2) The parade would require the diversion of so great a number of police officers to properly police the line of movement, assembly areas, and areas contiguous so as to deny normal police protection to the City.
(3) The parade route of march or assembly areas would unreasonably interfere with the movement of police vehicles, fire- fighting equipment, or ambulance service to other areas of the City.
(4) The parade would unreasonably interfere with another parade for which a permit has been issued.
(5) The information contained in the application is found to be false, misleading, or incomplete in any material detail. (6) An emergency such as a fire or storm would prevent the proper conduct of the parade.
(h) The permit may be revoked at any time by the Commissioner for the same reasons as those stated for refusal of a permit, provided that notice of revocation shall immediately be given to the applicant and that an appeal may be taken within the same time and in the manner provided in Section 403.09.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
411.06 Marathons, Walkathons and Other Races No person shall hold a marathon, walkathon or other race in or upon any of the streets, highways, parks or public grounds of the City without both the consent and approval of Council and meeting the requirements as established in Section 411.05.
(Ord. No. 2299-83. Passed 11-21-83, eff. 11-23-83) PART FOUR — TRAFFIC CODE Title III — Streets And Traffic Control Devices
Chapter 413 — Traffic Control Devices Complete to June 30, 2010 CROSS REFERENCES
See sectional histories for similar State law.
Designation of through streets or stop intersections, RC 4511.07, 4511.65
Uniform system of traffic control devices, RC 4511.09, 4511.11
Placing and maintaining local traffic control devices, RC 4511.10, 4511.11
Traffic control devices defined, CO 401.67
413.01 Obedience to Traffic Control Devices No pedestrian or driver of a vehicle shall disobey the instructions of any traffic control device placed in accordance with the provisions of this Traffic Code, unless at the time otherwise directed by a police officer. When both traffic control signals and stop signs are erected at intersections, traffic shall be governed by the traffic control signal while it is in operation.
No provisions of this Traffic Code for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
(RC 4511.12; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
413.02 Through Streets; Stop and Yield Right-of-Way Signs (a) All State routes are hereby designated as through streets or highways, provided that stop signs, yield signs or traffic control signals shall be erected at all intersections with such through streets or highways by the Ohio Department of Transportation as to streets or highways under its jurisdiction and by the City as to streets or highways under its jurisdiction, except as otherwise provided in this section. Where two or more state routes that are through streets or highways intersect and no traffic control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto, except as otherwise provided in this section.
Whenever the Director of the Ohio Department of Transportation determines on the basis of an engineering and traffic investigation that stop signs are necessary to stop traffic on a through highway for safe and efficient operation, nothing in this section shall be construed to prevent such installations. When circumstances warrant, the Director also may omit stop signs on roadways intersecting through highways under his jurisdiction. Before the Director either installs or removes a stop sign under this division, he shall give notice, in writing, of that proposed action to the City at least thirty days before installing or removing the stop sign.
(b) Other streets or highways, or portions thereof, are hereby designated through streets or highways, if they are within the City, if they have a continuous length of more than one mile between the limits of such street or highway or portion thereof, and if they have "stop" or "yield" signs or traffic control signals at the entrances of the majority of intersecting streets or highways. For purposes of this section, the limits of such street or highway or portion thereof, shall be a municipal corporation line, the physical terminus of the street or highway or any point on such street or highway at which vehicular traffic thereon is required by regulatory signs to stop or yield to traffic on the intersecting street, provided that in residence districts the City may by ordinance designate such street or highway, or portion thereof, not to be a through street or highway and thereafter the affected residence district shall be indicated by official traffic control devices. Where two or more through streets or highways designated under this subsection (b) intersect and no traffic control signal is in operation, stop signs or yield signs shall be erected at one or more entrances thereto by the City, except as otherwise provided in this section.
(c) Stop signs need not be erected at intersections so constructed as to permit traffic to safely enter a through street or highway without coming to a stop. Signs shall be erected at such intersections indicating that the operator of a vehicle shall yield the right of way to or merge with all traffic proceeding on the through street or highway.
(d) Council may designate additional through streets or highways whereupon the appropriate executive officers shall erect stop signs, yield signs or traffic control signals at all streets and highways intersecting such through streets or highways, or may designate any intersection as a stop or yield intersection and shall erect like signs at one or more entrances to such intersection. (RC 4511.65)
(e) The following are additional through streets or highways designated by Council:
Bellaire Rd., from West 130th St. to Puritas Ave.
Berea Rd., from Detroit Ave. to Triskett Rd.
Carnegie Ave.
Columbus Rd.
East Blvd.
Fairhill Rd.
Fulton Rd.
Independence Rd.
Jennings Rd.
Lake Ave., from Detroit Ave. to Clifton Rd., and from West Blvd. to West 117th St.
Lee Rd.
Liberty Blvd.
Nottingham Rd., from East 185th St. to southerly City limits.
Scranton Rd.
Train Ave., from Scranton Rd. to West 47th St.
Triskett Rd., from West 117th St. to Lorain Ave.
Turney Rd. West 117th St.
West Blvd.
(Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
413.03 Traffic Control Signal Terms and Lights Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used except for special pedestrian signals carrying words or symbols. The lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(a) Green Indication.
(1) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(2) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(3) Unless otherwise directed by a pedestrian control signal as provided in Section 413.05, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(b) Steady Yellow Indication.
(1) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.
(2) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in Section 413.05, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.
(c) Steady Red Indication.
(1) Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain standing until an indication to proceed is shown except as provided in subsections (c)(2) and (3) hereof.
(2) Unless a sign is in place prohibiting a right turn as provided in subsection (c)(5) hereof, vehicular traffic facing a steady red signal may cautiously enter the intersection to make a right turn after stopping as required by subsection (c)(1) hereof. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(3) Unless a sign is in place prohibiting a left turn as provided in subsection (c)(5) hereof, vehicular traffic facing a steady red signal on a one-way street that intersects another one-way street on which traffic moves to the left may cautiously make a left turn into the one-way street after stopping as required by subsection (c)(1) hereof, and yielding the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(4) Unless otherwise directed by a pedestrian control signal as provided in Section 413.05, pedestrians facing a steady red signal alone shall not enter the roadway.
(5) Council may by ordinance, as provided in Sections 413.09 and 413.10, prohibit a right or left turn against a steady red signal at any intersection, which shall be effective when signs giving notice thereof are posted at the intersection.
(d) Signals; Locations Other than Intersections. In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
(RC 4511.13; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
413.031 Use of Automated Cameras to Impose Civil Penalties upon Red Light and Speeding Violators (a) Civil enforcement system established. The City of Cleveland hereby adopts a civil enforcement system for red light and speeding offenders photographed by means of an “automated traffic enforcement camera system” as defined in division (p). This civil enforcement system imposes monetary liability on the “owner” of a vehicle as defined in division (p) for failure of an operator to stop at a traffic signal displaying a steady red light indication or for the failure of an operator to comply with a speed limitation.
(b) Red light offense – liability imposed. The owner of a vehicle shall be liable for the penalty imposed under this section if the vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light.
(c) Speeding offense – liability imposed. The owner of a vehicle shall be liable for the penalty imposed under this section if the vehicle is operated at a speed in excess of the limitations set forth in Section 433.03.
(d) Liability does not constitute a conviction. The imposition of liability under this section shall not be deemed a conviction for any purpose and shall not be made part of the operating record of any person on whom the liability is imposed.
(e) Other offenses and penalties not abrogated. Nothing in this section shall be construed as altering or limiting Sections 433.03 or 413.03 of these Codified Ordinances, the criminal penalties imposed by those sections, or the ability of a police officer to enforce those sections against any offender observed by the officer violating either of those sections. Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of division (b) or (c) of this section.
(f) Selection of camera sites. The selection of the sites where automated cameras are placed and the enforcement of this ordinance shall be made on the basis of sound professional traffic engineering and law enforcement judgments. Automated cameras shall not be placed at any site where the speed restrictions or the timing of the traffic signal fail to conform to sound professional traffic engineering principles.
(g) Locations. The following are the locations for the Automated Traffic Enforcement Camera System:
Locations
Shaker Boulevard at Shaker Square Chester Avenue at Euclid Avenue
West Boulevard at North Marginal Road
Shaker Boulevard at East 116th Street
West Boulevard at I-90 Ramp
Chester Avenue at East 71st Street
East 55th Street at Carnegie Avenue
East 131st Street at Harvard Avenue
Carnegie Avenue at East 30th Street
Cedar Avenue at Murray Hill Road
Grayton Road at I-480 Ramp
Euclid Avenue at Mayfield Road
Warren Road at I-90 Ramp
Prospect Avenue at East 40th Street
East 116th Street at Union Avenue
Pearl Road at Biddulph Road
Carnegie Avenue at East 100th Street
Carnegie Avenue at Martin Luther King Jr. Drive
Memphis Avenue at Fulton Road
Lakeshore Boulevard at East 159th Street
St. Clair Avenue at London Road
Clifton Boulevard between West 110th Street and West 104th Street
Chester Avenue between East 55th Street and East 40th Street
Woodland Avenue between East 66th Street and East 71st Street
West Boulevard between I-90 Ramp and Madison Avenue
Broadway between Harvard Avenue and Miles Avenue
Lee Road between Tarkington Avenue and I-480 Ramp
I-90 and West 41st Street I-90 and West 44th Street
The Director of Public Safety shall cause the general public to be notified by means of a press release issued at least thirty days before any given camera is made fully-operational and is used to issue tickets to offenders. Before a given camera issues actual tickets, there shall be a period of at least two weeks, which may run concurrently with the 30-day public- notice period, during which only “warning” notices shall be issued.
At each site of a red light or fixed speed camera, the Director of Public Service shall cause signs to be posted to apprise ordinarily observant motorists that they are approaching an area where an automated camera is monitoring for red light or speed violators. Mobile speed units shall be plainly marked vehicles.
(h) Notices of liability. Any ticket for an automated red light or speeding system violation under this section shall:
(1) Be reviewed by a Cleveland police officer;
(2) Be forwarded by first-class mail or personal service to the vehicle's registered owner's address as given on the state's motor vehicle registration, and
(3) Clearly state the manner in which the violation may be appealed.
(i) Penalties. Any violation of division (b) or division (c) of this section shall be deemed a noncriminal violation for which a civil penalty shall be assessed and for which no points authorized by Section 4507.021 of the Revised Code (“Point system for license suspension”) shall be assigned to the owner or driver of the vehicle.
(j) Ticket evaluation, public service, and appeals. The program shall include a fair and sound ticket-evaluation process that includes review by the vendor and a police officer, a strong customer-service commitment, and an appeals process that accords due process to the ticket respondent and that conforms to the requirements of the Ohio Revised Code.
(k) Appeals. A notice of appeal shall be filed with the Hearing Officer within twenty-one (21) days from the date listed on the ticket. The failure to give notice of appeal or pay the civil penalty within this time period shall constitute a waiver of the right to contest the ticket and shall be considered an admission.
Appeals shall be heard by the Parking Violations Bureau through an administrative process established by the Clerk of the Cleveland Municipal Court. At hearings, the strict rules of evidence applicable to courts of law shall not apply. The contents of the ticket shall constitute a prima facie evidence of the facts it contains. Liability may be found by the hearing examiner based upon a preponderance of the evidence. If a finding of liability is appealed, the record of the case shall include the order of the Parking Violations Bureau, the Ticket, other evidence submitted by the respondent or the City of Cleveland, and a transcript or record of the hearing, in a written or electronic form acceptable to the court to which the case is appealed.
Liability shall not be found where the evidence shows that the automated camera captured an event is not an offense, including each of the following events and such others as may be established by rules and regulations issued by the Director of Public Safety under the authority of division (n) of this section:
(1) The motorist stops in time to avoid violating a red light indication;
(2) The motorist proceeds through a red light indication as part of funeral procession;
(3) The motorist is operating a City-owned emergency vehicle with its emergency lights activated and proceeds through a red light indication or exceeds the posted speed limitation; (4) The motorist is directed by a police officer on the scene contrary to the traffic signal indication.
Liability shall also be excused if a vehicle is observed committing an offense where the vehicle was stolen prior to the offense and the owner has filed a police report.
The Director of Public Safety, in coordination with the Parking Violations Bureau, shall establish a process by which a vehicle owner who was not the driver at the time of the alleged offense may, by affidavit, name the person who the owner believes was driving the vehicle at the time. Upon receipt of such an affidavit timely submitted to the Parking Violations Bureau, the Bureau shall suspend further action against the owner of the vehicle and instead direct notices and collection efforts to the person identified in the affidavit. If the person named in the affidavit, when notified, denies being the driver or denies liability, then the Parking Violations Bureau shall resume the notice and collection process against the vehicle owner, the same as if no affidavit had been submitted, and if the violation is found to have been committed by a preponderance of evidence, the owner shall be liable for any penalties imposed for the offense.
A decision in favor of the City of Cleveland may be enforced by means of a civil action or any other means provided by the Revised Code.
(1) Evidence of operation. It is prima facie evidence that the person registered as the owner of the vehicle with the Ohio Bureau of Motor Vehicles, or with any other State vehicle registration office, or in the case of a leased or rented vehicle. the “lessee” as defined in division (p), was operating the vehicle at the time of the offenses set out in divisions (b) and (c) of this section.
(m) Program oversight. The Director of Public Safety shall oversee the program authorized by this Section. The Director of Public Service shall oversee the installation and maintenance of all automated cameras. An encroachment permit shall be authorized in the legislation in which locations are selected.
(n) Rules and Regulations. The Director of Public Safety may issue rules and regulations to carry out the provisions of these sections, which shall be effective thirty (30) days after publication in the City Record.
(o) Establishment of Penalty. The penalty imposed for a violation of division (b) or (c) of this section shall be follows:
413.031(b) $100.0 All violations 0
413.031(c) Up to 24 mph over $100.0 the speed limit 0 25 mph or more over $200.0 the speed limit 0 Any violation of a school $200.0 or construction zone 0 speed limit Late penalties
For both offenses, if the penalty is not paid within 20 days from the date of mailing of the ticket to the offender, an additional $20.00 shall be imposed, and if not paid with 40 days from that date, another $40.00 shall be imposed, for a total additional penalty in such a case of $60.00.
(p) Definitions. As used in this section: (1) “Automated traffic enforcement camera system” means an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work alone or in conjunction with an official traffic controller and to automatically produce photographs, video, or digital images of each vehicle violating divisions (b) or (c).
(2) “Lessee” includes renter and means:
A. the person identified as a vehicle lessee or renter by a motor vehicle leasing dealer or motor vehicle renting dealer pursuant to RC 4511.092 and further identified by the dealer as the person having care, custody or control of the vehicle at the time of a violation of divisions (b) or (c); or
B. the person identified as the lessee or as an additional owner of a vehicle in the records of the Ohio Bureau of Motor Vehicles or the records of any other State motor vehicle bureau.
(3) “System location” means the approach to an intersection or a street toward which a photographic, video or electronic camera is directed and is in operation. It is the location where the automated camera system is installed to monitor offenses under this section.
(4) “Vehicle owner” or “owner” means the person or entity identified by the Ohio Bureau of Motor Vehicles, or registered with any other State vehicle registration office, as the registered owner of a vehicle, or in the case of a leased or rented vehicle, the “lessee”.
(Ord. No. 281-09. Passed 3-9-09, eff. 3-11-09)
413.032 Costs of Collection of Unpaid Tickets for Photo-Enforced Offenses In addition to any other fees or charges authorized by these codified ordinances in relation to the commission of a violation of division (b) or division (c) of Section 413.031, a person liable for the penalties established by division (o) of Section 413.031 may be assessed a fee under this section in an amount equal to the costs paid by the City to any vendor for the costs of collection of the debt.
(Ord. No. 1029-07. Passed 8-8-07, eff. 8-16-07)
413.04 Lane-Use Control Signals Over Individual Lanes When lane-use control signals are placed over individual lanes of a street or highway, such signals shall indicate and apply to drivers of vehicles as follows:
(a) A Steady Downward Green Arrow. Vehicular traffic may travel in any lane over which a green arrow signal is shown.
(b) A Steady Yellow "X". Vehicular traffic is warned to vacate in a safe manner any lane over which such signal is shown to avoid occupying that lane when a steady red "X" signal is shown.
(c) A Flashing Yellow "X". Vehicular traffic may use with proper caution any lane over which such signal is shown for only the purpose of making a left turn.
(d) A Steady Red "X". Vehicular traffic shall not enter or travel in any lane over which such signal is shown.
(RC 4511.131; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
413.05 Pedestrian Control Signals Whenever special pedestrian signals exhibiting the words "walk" or "don't walk," or the symbol of a walking person or an upraised palm are in place, such signals shall indicate the following instructions:
(a) "Walk" or the symbol of a walking person: Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the operators of all vehicles. (b) "Don't walk" or the symbol of an upraised palm: No pedestrian shall start to cross the roadway in the direction of the signal. Nothing in this section shall be construed to invalidate the continued use of pedestrian control signals utilizing the word "wait" if those signals were installed prior to March 28, 1985. (RC 4511.14)
(c) "Don't walk" flashing illumination. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partly completed his crossing during the walk indication shall proceed to a sidewalk or safety island.
(Ord. No. 755-A-86. Passed 10-27-86, eff. 10-31-86)
413.06 Flashing Traffic Signals Whenever an illuminated flashing red or yellow traffic signal is used in a traffic signal or with a traffic sign, it shall require obedience as follows:
(a) Flashing Red Stop Signal. Operators of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(b) Flashing Yellow Caution Signal. Operators of vehicles may proceed through the intersection or past such signal only with caution.
This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by Sections 431.39 and 431.40.
(RC 4511.15; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
413.07 Unauthorized Signs and Signals; Hiding from View; Advertising (a) No person shall place, maintain or display upon or in view of any street any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles a traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any traffic control device or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit, upon any street any traffic sign or signal bearing thereon any commercial advertising. This section does not prohibit the erection upon private property adjacent to streets of signs giving useful directional information and of a type that cannot be mistaken for traffic control devices or the erection upon private property of traffic control devices by the owner of real property in accordance with RC 4511.211 and RC 4511.32.
(b) Every such prohibited sign, signal, marking or device is a public nuisance, and the Director of Public Safety is authorized to remove the same or cause it to be removed. (RC 4511.16)
(c) No person shall stick, post or attach any advertisement, poster, sign, handbill or placard of any kind or description upon any portion of a traffic control device or pole, post or stanchion upon which such device is placed or to which such device is attached, except such as may be required or permitted by the State laws or City ordinances.
(Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
413.08 Tampering with Traffic Control Devises Prohibited No person, without lawful authority, shall do any of the following:
(a) Knowingly move, deface, damage, destroy, or otherwise improperly tamper with any traffic control device, any railroad sign or signal, or any inscription, shield, or insignia on the device, sign, or signal, or any part of the device, sign, or signal;
(b) Knowingly drive upon or over any freshly applied pavement marking material on the surface of a roadway while the marking material is in an undried condition and is marked by flags, markers, signs, or other devices intended to protect it; (c) Knowingly move, damage, destroy, or otherwise improperly tamper with a manhole cover.
(RC 4511.17; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
413.09 No Right Turns on Red (a) Pursuant to RC 4511.13, Council does hereby prohibit right turns against a steady red signal at various intersections in the City as listed in schedules on file with the Clerk of Council as File No. 107-76, pursuant to this section.
(b) When signs have been erected giving notice thereof, no driver of any vehicle facing a steady red signal shall make a right turn at any of the following intersections:
Aetna Rd., Fleet Ave. and East 75th St., eastbound and southbound.
Addison Rd., Linwood Ave. and E. 79th St., southeastbound Addison Rd.
Baltic Rd. and West Blvd., eastbound.
Berea Rd. and Lakewood Heights Blvd., eastbound.
Berea Rd. and Triskett Rd., northbound.
Bridge Ave. and West 25th St., eastbound and westbound.
Bridge Ave. and West 44th St., southbound.
Broadview Rd. and Valley Rd., westbound.
Broadway, Ackley Rd. and Union Ave., northbound and westbound.
Broadway and Aetna Rd., northwestbound Broadway.
Broadway and Blanche Ave., northeastbound Blanche Ave.
Broadway, Miles Ave. and Warner Rd., westbound.
Broadway and E. 55th St., northbound and westbound.
Buckeye Rd., Steinway Ave. and E. 93rd St., northwestbound Buckeye Rd.
Buckeye Rd., Woodhill Rd. and Shaker Blvd., northwestbound Buckeye Rd.
Clifton Blvd. and Baltic Rd., eastbound and westbound Clifton Blvd.
Castlewood Ave. and E. 123rd St., eastbound.
Carnegie Ave. and E. 21st St., eastbound.
Chester Ave. and E. 12th St., eastbound and westbound.
Detroit Ave. and Berea Rd., northeastbound Berea Rd.
Detroit Ave. and W. 65th St., all directions.
Detroit Ave. and W. 110th St., westbound. Detroit Ave. and W. 101st St., northbound.
Detroit Ave. and Lake Ave. and W. 75th St., eastbound and westbound.
Detroit Ave. and W. 25th St., northbound.
Dolloff Ave. and Hamm Ave., eastbound.
Euclid Ave., and E. Roadway (Public Square), westbound.
Euclid Ave. and Chester Ave., westbound.
Euclid Ave. and E. 4th St., northbound.
Euclid Ave. and E. 13th St., southbound.
Euclid Ave., Huron Rd. and E. 14th St., eastbound Euclid Ave. and northeastbound Huron Rd.
Euclid Ave. and E. 17th St., southbound.
Euclid Ave. and E. 46th St., eastbound.
E. 55th St., S. Marginal Rd. and exit ramp from I-90, eastbound from the exit ramp.
Fairfield Ave. and W. 14th St., westbound.
Fulton Rd., Bush Ave. and W. 41st St., southbound Fulton Rd.
Fulton Rd., Denison Ave. and Brookside Pk. Dr., eastbound Denison Ave. and northeastbound Brookside Pk. Dr.
Fulton Rd. and I-71 southerly ramp, northbound.
Fulton Rd., Bridge Ave. and W. 32nd St., northeastbound Fulton Rd. and northbound W. 32nd St.
Fleet Ave. and E. 49th St., southbound.
Grand Ave. and E. 75th St., southbound.
Holton Ave. and E. 79th St., all directions.
Kinsman Rd. and E. 93rd St., northbound.
Lake Ave. and West Blvd., westbound.
Lakeshore Blvd. and E. 152nd St., southbound.
Lee Rd. and McCracken Rd., eastbound.
Lorain Ave. and Groveland Ave., westbound.
Lorain Ave. and W. 73rd St., westbound.
Lorain Ave. and W. 90th St., eastbound and northbound. Lorain Ave., Denison Ave. and W. 101st St., westbound and southbound.
Lorain Ave., Groveland Ave. and Riveredge Rd., eastbound Lorain Ave.
Lorain Ave. and Rocky River Dr., eastbound.
Lorain Ave. and Warren Rd., southbound.
Lakeview Rd. and Moulton Ave., eastbound.
Liberty Blvd. and ramp from E. 82nd St., eastbound.
Lucknow Ave. and E. 152nd St., northbound.
Marble Ave. and E. 78th St., southbound.
Ontario St. and Huron Rd., eastbound.
Pearl Rd., State Rd., Henritze Ave. and Altoona Ave., northbound State Rd. and westbound Altoona Ave.
Pearl Rd. and Broadview Rd., northbound.
Platt Ave. and E. 79th St., westbound.
Prospect Ave. and E. 21st St., eastbound.
Prospect Ave. and Prospect Rd., eastbound.
Quincy Ave. and E. 79th St., eastbound.
Ridge Rd. and Russell Lane, southbound.
Storer Ave. and W. 58th St., eastbound.
Scranton Rd., Fairfield Ave. and Train Ave., northbound Scranton Rd.
Shaker Blvd. and E. 103rd St., eastbound and westbound.
Shaker Blvd. and East Blvd., eastbound and westbound.
Shaker Blvd. and E. 116th St., eastbound and westbound.
Shaker Blvd. and E. 121st St., eastbound and westbound.
Shaker Blvd. and Van Aken Blvd., eastbound.
Shaker Blvd. at Shaker Square, eastbound and westbound.
Shaker Square at Shaker Blvd., northbound and southbound.
St. Clair Ave., Ivanhoe Rd. and E. 152nd St., eastbound, northbound and northwestbound Ivanhoe Rd.
St. Clair Ave., Herrick Rd. and Yale Ave., northwestbound Herrick Rd., and eastbound. St. Clair Ave. and Nottingham Rd., eastbound.
St. Clair Ave., Arbor Rd. and E. 131st St., westbound.
Superior Ave., Columbus Rd., Huron Rd. and W. 9th St., eastbound, southbound and northeastbound Columbus Rd.
Superior Ave. and E. 18th St., southbound.
Triskett Rd. and Warren Rd., northbound.
W. 25th St. and I-71 southerly ramp, northbound.
W. 33rd St. and Denison Ave., northbound and southbound.
W. 33rd St. and Denison Ave., eastbound and westbound.
Woodland Ave., Kinsman Rd. and E. 55th St., northwestbound Kinsman Rd.
Wade Park Ave., Ansel Rd. and ramp from Liberty Blvd., westbound and southwestbound out of the ramp.
Woodland Ave., Larchmere Blvd., N. Moreland Blvd. and Kemper Rd., northeastbound N. Moreland.
West Blvd., Parkhurst Ave. and W. 105th St., southwestbound West Blvd. and northbound W. 105th St.
W. 130th St. and I-71 southerly ramp, northbound.
W. 150th St. and I-71 southerly ramp, northbound.
East Blvd. and Fairhill Rd., westbound.
Puritas Ave. and RTA Roadway, southbound.
Lorain Ave. and W. 98th St., eastbound, westbound, northbound and southbound.
(c) Violations of this section shall be punishable under the penalty provided for violations of Section 413.01. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76; Ord. No. 1396-76. Passed 6-29-76, eff. 7-6-76) Note: Pursuant to RC 4511.13 and Codified Ordinance Section 413.09, File 107-76 has been amended. The amendments are contained in File 107-76 in the office of the Clerk of Council.
413.10 No Right Turns on Red During Certain Hours (a) Pursuant to RC 4511.13, Council does hereby prohibit right turns against a steady red signal at various intersections in the City as listed in schedules on file with the Clerk of Council, as File No. 106-76, pursuant to this section.
(b) When signs have been erected giving notice thereof, no driver of any vehicle facing a steady red signal shall make a right turn between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday at any of the following intersections:
Almira Ave. and West Blvd., northbound.
Almira Ave. and W. 98th St., all directions.
Broadway and Marble Ave., westbound.
Broadview Rd. and Schaaf Rd., northbound and westbound. Broadview Rd., Searsdale Ave. and Valley Rd., northbound and westbound.
Broadview Rd. and Oak Park Ave., southbound.
Broadview Rd., Montclair Ave., and Spring Rd., northbound.
Broadview Rd. and Cook Ave., northbound.
Bridge Ave. and Fulton Rd., southbound and westbound.
Bailey Ave. and W. 41st St., westbound.
Bosworth and Thrush, eastbound, northbound and westbound.
Bellaire Rd., Jasper Ave. and W. 105th St., northeastbound Bellaire Rd.
Bellaire Rd., W. 117th St. and Memphis Ave., northeastbound Bellaire Rd. and southbound W. 117th St.
Barber Ave. and W. 25th St., northbound.
Bridge Ave. and W. 58th St., northbound and westbound.
Buckeye and E. 116th St., eastbound, southbound and westbound.
Buckeye Rd., Steinway Ave. and E. 93rd St., northwestbound Buckeye Rd., westbound Steinway Ave. and southbound E. 93rd St.
Chester Ave. and E. 101st St., eastbound and southbound.
Clark Ave. and W. 14th St., northbound and westbound.
Clark Ave. and W. 56th St., westbound.
Corlett Ave. and E. 131st St., eastbound.
Denison Ave. and W. 54th St., westbound.
Denison Ave. and W. 65th St., westbound.
Detroit Ave. and W. 65th St., northbound.
Detroit Ave. and Lake Ave., westbound.
East Blvd., Farrington and E. 116th St., eastbound.
Fleet Ave. and E. 65th St., westbound.
Fulton Rd. and Biddulph, all directions.
Fulton Rd. and Memphis Ave., all directions.
Fulton Rd. and Walton Ave., northbound and westbound.
Fulton Rd., Bush Ave. and W. 41st St., eastbound Bush Ave. Fulton Rd. and Ira Ave., eastbound and northbound.
Holmes Ave. and E. 156th St., southbound and westbound.
Harvard Ave. and E. 71st St., eastbound, northbound and southbound.
Hough Ave. and E. 71st St., all directions.
Hough Ave. and E. 79th St., all directions.
Hough Ave. and E. 82nd St., eastbound and westbound.
Kinsman Rd. and Grand Ave., eastbound and northbound.
Lee Rd. and Miles Ave., eastbound, southbound and westbound.
Lexington Ave. and E. 66th St., all directions.
Lexington Ave. and E. 71st St., eastbound, northbound and southbound.
Lorain Ave. and West Blvd., southbound.
Lorain Ave. and W. 24th St., southbound.
Lorain Ave. and W. 44th St., eastbound.
Lorain Ave. and W. 130th St., eastbound, westbound and northbound.
Lorain Ave. and Berea Rd., westbound.
Lorain Ave. and W. 134th St., eastbound.
Memphis Ave. and W. 41st St., eastbound.
Memphis Ave. and W. 47th St., eastbound.
Memphis Ave. and W. 60th St., eastbound.
Puritas Ave. and CTS roadway (W. 154th St., to north), southbound.
Puritas Ave. and Rocky River Dr., all directions.
Puritas Ave. and W. 140th St., westbound.
Puritas Ave. and W. 150th St., southbound.
Sprecher Ave. and W. 130th St., southbound.
Spring Rd. and South Hills, eastbound and northbound.
Scranton Rd. and Castle Ave., northbound and westbound.
State Rd. and Montclair Ave., northbound. St. Clair Ave. and Lakeview Rd., eastbound.
St. Clair Ave. and Eddy Rd., northbound, southbound and westbound.
St. Clair Ave., Ivanhoe Rd. and E. 152nd St., southbound and westbound.
St. Clair Ave. and E. 146th St., westbound.
State Rd. and Dawning Ave., eastbound and southbound.
Union Ave. and E. 93rd St., all directions.
Union Ave. and E. 116th St., all directions.
West Ave. and W. 130th St., eastbound.
Woodland Ave. and East Blvd., northbound, southbound and westbound.
Waterloo Rd. and E. 156th St., southbound.
West Blvd. and Western Ave., southbound and eastbound.
Kinsman and E. 147th St., all directions.
(c) Violations of this section shall be punishable under the penalty provided for violations of Section 413.01. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76; Ord. No. 1395-76. Passed 6-29-76, eff. 7-6-76) Note: Pursuant to RC 4511.13 and Codified Ordinance Section 413.10, File 106-76 has been amended. The amendments are contained in File 106-76 in the office of the Clerk of Council.
413.11 Driver's Duties Upon Approaching Ambiguous or Non-Working Traffic Signal The driver of a vehicle who approaches an intersection where traffic is controlled by traffic control signals shall do all of the following, if the signal facing him either exhibits no colored lights or colored lighted arrows or exhibits a combination of such lights or arrows that fails to clearly indicate the assignment of right of way:
(a) Stop at a clearly marked stop line, but if none, stop before entering the crosswalk on the near side of the intersection, or, if none, stop before entering the intersection;
(b) Yield the right of way to all vehicles in the intersection or approaching on an intersecting road, if the vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways;
(c) Exercise ordinary care while proceeding through the intersection.
(RC 4511.132; Ord. No. 2822-89. Passed 3-19-90, eff. 3-22-90)