37-17 Amend Traffic Code to Align with ORC

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(b) The driver of a highway maintenance vehicle owned by this state or any political subdivision of this state, while the driver is en- gaged in the performance of official duties upon a street or highway , provided the highway maintenance vehicle is equipped with flash- ing lights and such other markings as are required by law, and such lights are in operation when the driver and vehicle are so en- gaged, shall be exempt from criminal prosecution for violations of Sections 331.01 to 331 .04, 331.06 to 331.08, 331.31, 333.04, 337.01 and Ohio R.C. 4511.66 and 5577.01 to 5577.09. (c) (1) This section does not exempt a driver of a highway mainte- nance vehicle from civil liability arising from a violation of Sec- tions 331.01 to 331.04, 331.06 to 33 L08, 331.31, 333.04, 337.01 or Ohio R.C. 4511.66 or 5577.01 to 5577.09. (2) This section does not exempt the driver of a vehicle that is en- gaged in the transport of highway maintenance equipment from criminal Iiability for a violation of Ohio R.C. 5577.01 to 5577.09. (d) As used in this section, "highway maintenance vehicle" means a vehicle used in snow and ice removal or road surface mainte- nance, including a snow plow, traffic line striper, road sweeper, mowing machine, asphalt distributing vehicle, or other such vehicle designed for use in specific highway maintenance activities. (ORC 4511.04; Ord. 34 -10. Passed 7- 19- 2010.) shall be and hereby is repealed, and new Section 303.04, Road Workers, Motor Vehicles, and Equipment Excepted, of the Lakewood Codified Ordinances is enacted to read as fol- lows: 303.04 ROAD WORKERS, MOTOR VEHICLES AND EQUIP- MENT EXCEPTED. (a) The provisions of this Traffic Code do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway within an area designated by traffic con- trol devices, but apply to such persons and vehicles when traveling to or from such work. (b) The driver of a highway maintenance vehicle owned by this state or any political subdivision of this state, while the driver is engaged in the performance of official duties upon a street or highway, provided the highway maintenance vehicle is equipped with flashing lights and such other markings as are required by law, and such lights are in operation when the driver and vehicle are so engaged, shall be exempt from crim- inal prosecution for violations of Sections 331.01 to 331.04, 331.06 to 331.08, 331.31, 333.04, 337.01 and Ohio R.C. 4511.66 and 5577.01 to 5577.09. (c) (1) This section does not exempt a driver of a highway maintenance vehicle from civil liability arising from a violation of Sections 331.01 to 331.04, 331.06 to 331.08, 33131, 333.04, 337.01 or Ohio R.C. 4511.66 or 5577.01 to 5577.09.