69-76 Amend 333.03 Traffic - max speed limits

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ORDINANCE NO. 69-76 BY: Messrs. McBride, Salmon, Sinagra, Usher, Brockman, Magnotto AN EMERGENCY ORDINANCE to amend Section of the Codified Ordinances of the City of Lakewood limits. 333.03 of the Traffic Code relating to maximum speed WHEREAS, subsequent to the adoption of our new Traffic Code on February 18, 1975, the Ohio Legislature amended Ohio Revised Code 4511.21, the principal change of which established a maximum speed limit of 55 miles per hour on all freeways and an absolute violation for exceeding such limit, and WHEREAS, up to this time said change did not effect the City of Lakewood inasmuch as we had no highways permitting such maximum speed limit, and WI{EREAS, with the opening of Interstate 90 through the City of Lakewood it is imperative that the City now amend its Ordinances to enable the local authority to enforce the established maximum speed limit of 55 miles per hour and to conform with State law, and WHEREAS, this Ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare and for the usual daily operation of a municipal department; now, therefore, BE IT ORDA!HED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 333.03 of the Traffic Code of the Codified Ordinances of the City of Lakewood now reading as follows: 333.03 MAXIMUM SPi';EI) IAMITS; ASSIJIIEI) CLEAI{ DISTANCE AIIEAI). No person shall operate a mo~)r vel~[clc in and t~l)on the streets m~d highways at a speed greah:~r or less than is reasonable or proper, havi~gduc regard to the traffic, surface and widU~ ol the streetor highway and any other conditions, andno person shall drive any motor vehicle in and upon any street or highway at a greater speed than will permit him to bring it to a stop within thc assured clear ~stance ahead. I[ is prima-ratio lawful for the operator of a motor vehicle to operate the same at a speed not exceeding tiao following: (a) Fifteen milos per hour on a.ll alleys within the Municipality; (b) Twel~tV miles per hour when passh~g a school bui.lding or thc grot~nds thereof during school recess and while children are going to or leaving school during the opening or closing hours, and when appropriate signs giving notice of the existence of the school are erected; except, that on con[;rolled-access highways and expressways, ii the right-of-way linc fence has been erected ~thout pedestrian opening, the speed shall be governed by subsection (e) of this section, and on freeways, if thc right-of-way linc fe~cc has been erected without pedestri~ opening, the speed shall bc governed by subsection (1) of tiffs section; (c) Twenty-five milos l~cr hour in all othcl.' portions of the Municipality, cxccpt on State routes, through streets and through t~ghway8 outside business districts; (d) }fbir~y-five milos per hour on all State routes or through streets and through highways within thc Municipality outside business districts, except as provided in subsections (e) and (D of this section; (e) Fifty n~lcs per hour on controlled-access highways and expressways wifl~in the Municipality, and on State rotltes outside ulyban districts tlnlCss ~1 lower prima- faeie spccdis established as providcd by Ohio R.C. 4511.21; ~ixty milos per hour at all times on freeways with paved shoul(lers inside the Municipality, except fifty miles per hour at all times for opera,rs of trucks and comincrcial tractors wciglfing in excess of 4,000 pouads cmpty weight and school brasses. It is prima-facto unlawful for any person to cxcccd any of thc spccd limitations in any section of this Traffic Code. hi every charge of violation of tl~s section the affidavit and warrant shall specify the time, pi. ace and the speed at which the defendant is alleged to have driven, and also, the speed which this section declares is prima-facto lawful at thc time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will. permit him to bring the vehicle to a stop within thc assured clear distance alma(t; the affidavit and warrant need not specify the speed at which the defondal~t is alleged m have driven.