BACKGROUND:
As a result of the continued extensive, city-wide, code review process conducted by Lexis-Nexis, a series of code changes were recommended for the code titles under the direction of the City Attorney in an effort to remove errors and conflicts from the Columbus City Codes. These changes are designed not to change the content or intent of the code but rather to correct simply typographical errors and conflicting cross references when present and to more closely track the language of the Revised Code.
This ordinance authorizes amendments to Title 21, the Columbus Traffic Code, in order to correct cross-references and more closely track the Revised Code.
Fiscal Impact:
No funding is required for this legislation.
Title
To amend various code sections in Title 21 of the Columbus City Codes, 1959, to correct inaccurate references and to mirror language used in the Ohio Revised Code.
Body
WHEREAS, as a result of the continued, extensive, city-wide, code review process condcuted by Lexis-Nexis,a series of code changes were recommended for the code titles under the direction of the City Attorney's Office in an effort to remove errors and conflicts from the Columbus City Codes; and
WHEREAS, these changes are designed not to change the content or intent of the code but rather to correct simply typographical errors and conflicting cross-references and more closely track the language of similar Revised Code sections; and
WHEREAS, this ordinance authorizes the amendments to Title 21, the Traffic Code, in order to correct cross-reference errors, typographical errors, and more closely track the Revised Code; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That section 2131.01 of the Columbus City Codes, 1959, is hereby amended to read as follows:
2131.01 Driving upon right side of roadway; exceptions.
(a) (A) Upon all streets or highways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction, or when making a left turn under the rules governing such movements;
(2) When an obstruction exists making it necessary to drive to the left of the center of the street or highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the street or highway within such distance as to constitute an immediate hazard;
(3) When driving upon a roadway divided into three (3) or more marked lanes for traffic under the rules applicable thereon;
(4) When driving upon a roadway designated and posted with signs for one-way traffic;
(5) When otherwise directed by a police officer or traffic control device.
(b)(B)(1) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except under any of the following circumstances:
(a) When overtaking and passing another vehicle proceeding in the same direction; or
(b) when When preparing for a left turn;
(c) when the driver must necessarily drive in a lane other than the right-hand lane to continue on the driver's intended route
(2) Nothing in division (B)(1) of this section requires a driver of a slower vehicle to compromise the driver's safety to allow overtaking by a faster vehicle.
(c) (C) Nothing in this section requires a bicycle operator to use a marked bike lane.
(d) (D) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use the lanes, or except as permitted under division (a)(2) of this section. This division shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road, or driveway.
(e) (E) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. (ORC 4511.25) (Ord. 1170-75: Ord. 2120-03 § 1 (part).)
Section 2. That section 2133.011 of the Columbus City Codes, 1959, is hereby amended to read as follows:
2133.011 Definitions.
As used in Chapter 2133:
(A) "Equivalent offense" means any of the following:
(1) A violation of division (A) or (B) of Section 4511.19 of the Ohio Revised Code;
(2) A violation of any municipal OVI ordinance, including divisions (A) or (B) of 2133.01 of the Columbus City Code;
(3) A violation of Section 2903.04 of the Ohio Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section;
(4) A violation of division (A)(1) of Section 2903.06 or 2903.08 of the Ohio Revised Code or a municipal ordinance that is substantially equivalent to either of those divisions;
(5) A violation of division (A)(2), (3), or (4) of Section 2903.06 of the Ohio Revised Code, division (A)(2) of Section 2903.08 of the Ohio Revised Code, or former Section 2903.07 of the Ohio Revised Code, or a municipal ordinance that is substantially equivalent to any of those divisions or that former section, in a case in which a judge or jury as the trier of fact found that the offender was under the influence of alcohol, a drug of abuse, or a combination of them;
(6) A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (A) or (B) of Section 4511.19 of the Ohio Revised Code;
(7) A violation of a former law of this state that was substantially equivalent to division (A) or (B) of Section 4511.19 of the Ohio Revised Code.
(B) "Mandatory jail term" means the mandatory term in jail of three (3), six (6), ten (10), twenty (20), thirty (30), sixty (60), or one hundred twenty (120) days that must be imposed under division (G)(1)(a), (b), (c) or (d) of Section 2133.01 upon an offender convicted of a violation of division (A) of that section and in relation to which all of the following apply:
(1) Except as specifically authorized under Section 2133.01, the term must be served in a jail.
(2) Except as specifically authorized under Section 2133.01, the term cannot be suspended, reduced, or otherwise modified pursuant to Sections 2929.51, 2951.02, or any other provision of the Ohio Revised Code.
(C) "Municipal OVI ordinance" and "municipal OVI offense" mean any municipal ordinance prohibiting a person from operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.
(D) "Community residential sanction," "jail," "mandatory prison term," "mandatory term of local incarceration," "sanction," and "prison term" have the same meanings as in Section 2929.01 of the Ohio Revised Code.
(E) "Drug of abuse" has the same meaning as in Section 4506.01 of the Revised Code. (ORC §4511.181) (Ord. 2120-03 § 1 (part): Ord. 2276-2006 § 1 (part).)
Section 3. That section 2151.01 of the Columbus City Codes, 1959, is hereby amended to read as follows:
2151.01 Parking prohibitions in specified places.
(1) No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with any other traffic or to comply with the directions of a police officer or a traffic control device in any of the following places:
(a) On a sidewalk, except a bicycle;
(b) In front of or within five (5) feet of a public or private driveway;
(c) Within an intersection;
(d) Within ten (10) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, or, if there is no crosswalk, within twenty (20) feet of an intersection;
(g) Within thirty (30) feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device;
(h) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by a traffic control device;
(i) Within fifty (50) feet of the nearest rail of a railroad crossing;
(j) Within twenty (20) feet of the driveway entrance to any fire station and, on the side of a street opposite the entrance to any fire station, within seventy-five (75) feet of such entrance when it is properly posted with signs;
(k) Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic;
(l) Alongside any vehicle stopped or parked at the edge or curb of a street;
(m) Upon any bridge or other elevated structure upon a street or within a street tunnel unless such bridge or tunnel is properly posted with a sign to allow parking;
(n) Within one (1) foot of another parked vehicle;
(o)(1) At any place designated as no parking pursuant to rules and regulations promulgated by the director of public service under the authority provided in Chapter 2105;
(o)(2) At any place designated as no stopping pursuant to rules and regulations promulgated by the director of public service under the authority provided in Chapter 2105;
(p) In front of all schools as defined in Section 2101.341, for a distance of seventy-five (75) feet in each direction from the main entrance to the school when properly posted with signs;
(q) In front of all theaters for a distance of twenty-five (25) feet in each direction from the center of the main entrance when it is properly posted with signs;
(r) Upon any street or alley twenty-three (23) feet or less in width when it is properly posted with signs;
(s) In front of any church where conditions are such that they warrant a parking prohibition and for the distance that the Traffic Engineer deems advisable when it is properly posted with signs;
(t) Upon any traffic control island or median that separates traffic on a street, highway, roadway or boulevard;
(u) In front of any auto-mail box for a distance of twenty (20) feet in each direction from the auto-mail box, when it is properly posted with signs;
(v) Within the right-of-way line of a controlled-access highway, freeway, expressway or thruway, except for emergency purposes;
(w) Upon a service road or upon the public property alongside a service road;
(x) Within twenty (20) feet of the junction of an alley and a street;
(y) In a public right-of-way, within ten (10) feet of a bulk refuse container;
(z) In a handicapped designated parking space as defined in Section 2155.01(h) unless the vehicle is a handicapped designated vehicle as defined in Section 2155.01(g) or a handicapped designated vehicle from a state other than Ohio entitled to reciprocity pursuant to Section 5502.03 4503.37 of the Ohio Revised Code;
(aa) In front of, or within one (1) foot of, a wheelchair ramp;
(bb) Other than a motor bus, in a bus loading area, when such area has been officially designated and appropriately posted with a sign, except the driver of a passenger vehicle may stop temporarily therein for the purpose of, and while actually engaged in, loading or unloading passengers, when such stopping does not interfere with any motor bus entering or leaving such bus loading area;
(cc) Any place marked as a loading zone for any period of time longer than is necessary for the expeditious loading or unloading of passengers or merchandise.
(2) A violation of any provision of this section constitutes the commission of a parking infraction pursuant to and governed by the provisions of Chapter 2150. (Ord. 1171-88: Ord. 2120-03 § 1 (part); Ord. 0867-2006 § 1 (part).)
Section 4. That section 2171.05 of the Columbus City Codes, 1959, is hereby amended to read as follows:
2171.05 Walking on path or street, jaywalking.
(a) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where a sidewalk is not available, any pedestrian walking along a street or highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a street or highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two (2) way roadway, should walk only on the left side of the roadway.
(d) No pedestrian shall cross a roadway at a place other than a crosswalk except in cases where crosswalks are an unreasonable distance apart.
(e) Except as otherwise provided in Sections 2113.08 2113.05 and 2171.01, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
(f) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. (ORC 4511.50) (Ord. 1170-75; Ord. 2120-03 § 1 (part).)
Section 5. That existing Sections 2131.01, 2133.011, 2151.01, and 2171.05 are hereby repealed.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.