§ 2133.03. Maximum speed limits—Assured clear distance ahead—Reasonable for conditions—Per se violation.

(A)

No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface and width of the street or highway, and any other conditions, and no person shall drive any motor vehicle in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.

(B)

It is prima facie lawful, in the absence of a lower limit declared pursuant to Section 4511.21 of the Ohio Revised Code by the Ohio Director of Transportation or local authorities, for the operator of a motor vehicle to operate at a speed not exceeding the following:

(1)

Fifteen (15) miles per hour on all alleys within the city;

(2)

Twenty (20) miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when twenty (20) miles per hour school speed limit signs are erected; except that, on controlled access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (B)(5) of this section, and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (B)(6) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed is in effect;

(3)

Twenty-five (25) miles per hour in all other portions of the city, except on state routes outside business districts, through streets outside business districts, and through highways outside business districts;

(4)

Thirty-five (35) miles per hour on all state routes or through streets and through highways within the city outside business districts, except as provided in division (B)(5) of this section;

(5)

Fifty (50) miles per hour on controlled-access highways and expressways within the city, and on state routes outside urban districts unless a lower prima facie speed is established as provided by Section 4511.21 of the Ohio Revised Code;

(6)

Fifty-five (55) miles per hour at all times on freeways with paved shoulders inside the city, other than freeways as provided in division (B)(7) of this section; and

(7)

Sixty-five (65) miles per hour for operators of any motor vehicle weighing eight thousand (8,000) pounds or less empty weight and any commercial bus at all times on all portions of the following:

(a)

Freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995, and freeways that are not part of the interstate system, but are built to the standards and specifications that are applicable to freeways that are part of the interstate system and that had such a speed limit established prior to October 1, 1995.

(b)

Freeways that are part of the interstate system and freeways that are not part of the interstate system but are built to the standards and specifications that are applicable to freeways that are part of the interstate system, and that had such a speed limit established under division (L) of Section 4511.21 of the Ohio Revised Code.

(c)

Rural, divided, multi-lane highways that are designated as part of the national highway system under the "National Highway System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103, and that had such a speed limit established under division (M) of Section 4511.21 of the Ohio Revised Code.

(C)

It is prima facie unlawful for any person to exceed any of the speed limitations in divisions (B)(1)-(7) of this section, or any declared pursuant to Section 4511.21 of the Ohio Revised Code by the Ohio Director of Transportation or local authorities and it is unlawful for any person to exceed any of the speed limitations in division (D) of this section. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.

(D)

No person shall operate a motor vehicle upon a street or highway as follows:

(1)

At a speed exceeding fifty-five (55) miles per hour, except upon a freeway as provided in division (B)(7) of this section.

(2)

At a speed exceeding sixty-five (65) miles per hour upon a freeway as provided in division (B)(7) of this section.

(3)

At a speed exceeding the posted speed limit upon a freeway for which the director of transportation has determined and declared a speed limit pursuant to division (I)(2), (L)(2) or (M) of Section 4511.21 of the Ohio Revised Code.

(E)

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 division (C) of this section also the speed which division (B)(1), (2), (3), (4), or (5) of, or a limit declared pursuant to, this section 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.

(F)

Notwithstanding the above provisions, should the Ohio Director of Transportation or council under the authority of Section 4511.21 of the Ohio Revised Code determine and declare a reasonable and safe prima facie speed limit different than those stated above, and appropriate signs giving notice thereof are erected in accordance with Section 4511.21 of the Ohio Revised Code, it shall be prima facie lawful for the operator of a motor vehicle to operate the same at a speed not in excess of such designated speed, and it shall be prima facie unlawful for any person to exceed such speed.

(G)

Except as provided in this division, a violation of any provision of this section is a minor misdemeanor.

(1)

(a)

If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to two (2) violations of any provision of this section, Section 4511.21 of the Ohio Revised Code, or any provision of a municipal ordinance that is substantially similar to any provision of this section, a violation of any provision of this section is a misdemeanor of the fourth degree.

(b)

If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to three (3) or more violations of any provision of this section, Section 4511.21 of the Ohio Revised Code, or any provision of a municipal ordinance that is substantially similar to any provision of this section, a violation of any provision of this section is a misdemeanor of the third degree.

(2)

(a)

If the offender has not been previously convicted of or pleaded guilty to a violation of any provision of this section, Section 4511.21 of the Ohio Revised Code, or any provision of a municipal ordinance that is substantially similar to this section and operated a motor vehicle faster than thirty-five (35) miles an hour in a business district, faster than fifty (50) miles in other portions of the city, or faster than thirty-five (35) miles an hour in a school zone during recess or while children are going to or leaving school during the school's opening or closing hours, a violation of any provision of this section is a misdemeanor of the fourth degree.

(b)

If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) or more violations of a provision of this section, Section 4511.21 of the Ohio Revised Code, or any provision of a municipal ordinance that is substantially similar to this section and operated a motor vehicle faster than thirty-five (35) miles an hour in a business district, faster than fifty (50) miles an hour in other portions of the city, or faster than thirty-five (35) miles an hour in a school zone during recess or while children are going to or leaving school during the school's opening or closing hours, a violation of any provision of this section is a misdemeanor of the third degree.

(3)

Notwithstanding any other provision of division (G) of this section, if the offender operated a motor vehicle in a construction zone where a sign was then posted in accordance with Section 4511.98 of the Ohio Revised Code, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two (2) times the usual amount imposed for the violation. No court shall impose a fine of two (2) times the usual amount imposed for the violation upon an offender if the offender alleges, in an affidavit filed with the court prior to the offender's sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this division and if the court determines that the offender is an indigent person and unable to pay the fine.

(ORC 4511.21; Ord. 1419-88; Ord. 1145-02 § 2: Ord. 1718 § 1: Ord. 2120-03 § 1 (part).)