01-80 Editing & inclusion of ordinances in Code

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-6- (d) Thirty-five miles per hour on all State routes or through streets and through highways within the Municipality outside business districts, except as provided in subsections (e) and (f) of this section; (e) Fifty miles per hour on controlled-access highways and expressways within the Municipality, and on State routes outside urban districts unless a lower prima- facie speed is established as provided by Ohio R.C. 4511.21; (f) Fifty-five miles per hour at all times on freeways with paved shoulders inside the Municipality. (g) It is prima-facie unlawful for any person to exceed any of the speed limitations in subsections (a) to (e) hereof, or any declared pursuant to Ohio R.C. 4511.21 by the Ohio Director of Transportation or Council and it is unlawful for any person to exceed the speed limitation in subsection (h) hereof. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provison of this section may be charged in the alternative in a single affidavit. (h) No person shall operate a motor vehicle upon the streets or highways at a speed exceeding fifty-five miles per ho~r. (i) In every charge of violation of this section the affidavit and warrant shall specify the time, place and speed at which the defendant is alleged to have driven, and in charges made in reliance upon subsection (g) hereof also the speed which subsection (a) to (e) hereof or a limit declared pursuant to Ohio R.C. 4511.21 declares is prima-facie lawful at the 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 the assured clear distance ahead the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven. (j) When-a speed in excess of both a prima-facie limitation and the limitation in subsection (h) hereof is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a vi~lation indicated of both subsection (a) , (b) , (c) , (d) or (e) , or of a limit declared pursuant to Ohio R.C. 4511.21 by the Ohio Director of Transportation or Council, and subsection (h) hereof. If the court finds a'violation of subsections (a) to (e) hereof or a limit declared pursuant to Ohio R.C. 4511.21 has occurred, it shall enter a judgment of conviction under the applicable subsection and dismiss the charge under subsection (h) hereof. If it finds no violation of subsections (a) to (e) hereof, or a limit declared pursuant to Ohio R.C. 4511.21, it shall then consider whether the evidence supports a conviction under subsection (h) hereof. (k) Points shall be assessed for violation of subsection (h) hereof only when the court finds the violation involved a speed in excess of sixty miles per hour on freeways as provided in subsection (f) hereof. Convictions for violation of subsection (h) hereof, or any ordinance enacted to reduce speeds in compliance with subsection (h) hereof, shall not be forwarded to the Ohio Bureau of Motor Vehicles as provided under Ohio R.C. 4507.40 unless points are assessed as provided in this subsection. Whenever, in accordance with Ohio R.C. 4511.21, the speed limitations as established herein have been altered, either higher or lower, and the appropriate signs giving notice have been erected as required, operators of motor vehicles shall be governed by the speed limitations set forth on such signs. It is prima-facie unlawful for any person to exceed the speed limits posted upon such signs. (ORC 4511.21)