PART FOUR — TRAFFIC CODE Title III — Streets and Traffic Control Devices
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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.