35-10 Amend Title Three, Streets & Traffic Control Devices

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313.08 ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL DEVICES. (a) No person, without lawful authority, shall do any of the following: (1) 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; (2) 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; or (3) Knowingly move, damage, destroy or otherwise improperly tamper with a manhole cover. (ORC 4511.17) (b) Whoever violates paragraph (a)(1) or (3) hereof is guilty of a misdemeanor of the third degree unless such a violation creates a risk of physical harm to any person, in which case whoever violates paragraph (a)(1) or (3) hereof is guilty of a misdemeanor of the first degree. The penalty shall be as provided in Section 303.99(b). A violation of paragraph (a)(1) or (3) hereof that causes serious physical harm to properly that is owned, leased or controlled by a State or local authority is a felony of the fourth degree and shall be prosecuted under Ohio R.C. 4511.99. (ORC 4511.99(L)) 313.085 UNAUTHORIZED POSSESSION OR SALE OF DEVICES. (a) As used in this section, "traffic control device" means any sign, traffic control signal or other device conforming to and placed or erected in accordance with the Manual adopted under Ohio R.C. 4511.09 by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic, including signs denoting the names of streets and highways, but does not mean any pavement marking. (b) No individual shall buy or otherwise possess, or sell, a traffic control device, except when one of the following applies: (1) In the course of his or her employment by the State or a local authority for the express or implied purpose of manufacturing, providing, erecting, moving or removing such a traffic control device; (2) In the course of his or her employment by any manufacturer of traffic control devices other than a State or local authority; (3) For the purpose of demonstrating the design and function of a traffic control device to State or local officials; (4) When the traffic control device has been purchased from the State or a local authority at a sale of property that is no longer needed or is unfit for use; or (5) When the traffic control device has been properly purchased from a manufacturer for use on private property and the person possessing the device has a 10