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01-80 Editing & inclusion of ordinances in Code
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01-80 Editing & inclusion of ordinances in Code
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Last modified
5/14/2013 3:05:00 PM
Creation date
8/21/2003 9:04:08 AM
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Office Of Council
Document Type
Ordinances
Date
8/21/2003
Date Adopted
2/4/1980
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-8- <br /> <br />(c) <br /> <br />(d) <br /> <br />(e) <br /> <br />(f) <br /> <br />(g) <br /> <br />(h) <br /> <br />(2) Twenty-five miles per hour in all other portions of the <br /> Municipality, except on State routes outside business <br /> districts, through highways outside business districts <br /> and alleys; <br />(3) Thirty-five miles per hour on all State routes or <br /> through highways within the Municipality outside business <br /> districts, except as provided in subsections (b)(4) and <br /> (5) hereof; <br />(4) Fifty miles per hour on controlled-access highways and <br /> expressways within the Municipality; <br />(5) Fifty miles per hour on State routes within the <br /> Municipality outside urban districts unless a lower <br /> prima-facie speed is established as further provided in <br /> this section; <br />(6) Fifteen miles per hour on all alleys within the <br /> Municipality; <br />(7) Fifty-five miles per hour at all times on freeways with <br /> paved shoulders inside the Municipality. <br /> <br />It is prima-facie unlawful for any person to exceed any of the <br />speed limitations in subsections (b) (1)A. to (b) (6) hereof, or <br />any declared pursuant to the section by the Director or local <br />authorities and it is unlawful for any person to exceed the <br />speed limitation in subsection (d) hereof. No person shall be <br />convicted of more than one violation of this section for the <br />same conduct, although violations of more than one provision <br />of this section may be charged in the alternative in a single <br />affidavit. <br /> <br />No person shall operate a motor vehicle upon the streets or <br />highways at a speed exceeding fifty-five miles per hour. <br /> <br />In every charge of violation of this section the affadvit and <br />warrant shall specify the time, place and speed at which the <br />defendant is alleged to have driven, and in charges made in <br />reliance upon subsection (c) hereof also the speed which <br />subsections (b)(1)A. to (b)(6) hereof, or a limit declared <br />pursuant Go this section declares is prima-facie lawful at <br />the time and place of such alleged violation, except that <br />in affidavits where a person is alleged to have driven at a <br />greater speed than will permit him to bring the vehicle to <br />a stop within the assured ~lear distance ahead the affidavit <br />and warrant need not specify the speed at which the defendant <br />is alleged to have driven. <br /> <br />When a speed in excess of both a prima-facie limitation and the <br />limitation in subsection (d) hereof is alleged, the defendant shall <br />be charged in a single affidavit, alleging a single act, with a <br />violation indicated of both subsections (b)(1)A. to (b)(6) <br />hereof, or of a limit declared pursuant to this section by the <br />Director or local authorities, and of subsection (d) hereof. If <br />the court finds a violation of subsections (b)(1)A. to (b)(6) <br />hereof, or a limit declared pursuant to this section has <br />occurred, it shall enter a judgment of conviction under such <br />subsection and dismiss the charge under subsection (d) hereof. <br />If it finds no violation of subsections (b)(1)A. to (b)(6) <br />hereof or a limit declared pursuant to this section, it shall <br />then consider whether the evidence supports a conviction under <br />subsection (d) hereof. <br /> <br />Points shall be assessed for violation of subsection (d) hereof <br />only when the court finds the violation involved a speed in <br />excess of sixty miles per hour on highways as provided in <br />subsection (b)(7) hereof~ <br /> <br />Convictions for violation of subsection (d) hereof, or any <br />ordinance enacted to reduce speeds in compliance with subsection <br />(d) hereof, shall not be forwarded to the Ohio Bureau of Motor <br />Vehicles as provided under Ohio R.C. 4507.40 unless points are <br />assessed as provided in this subsection. <br /> <br /> <br />
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