Bill Text: OH HB523 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To permit a person or neighborhood association or organization to request the Director of Transportation to reduce the speed limit on the street or highway of the person's residence or a street or highway located within the area of representation of the association or organization if the street or highway has a speed limit of not more than 35 miles per hour, and to permit a person or neighborhood association or organization to request the Director or a local authority to erect a stop sign at an intersection where currently no stop sign is present.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2014-04-22 - To Transportation, Public Safety and Homeland Security [HB523 Detail]

Download: Ohio-2013-HB523-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 523

Representatives Stinziano, Retherford 

Cosponsors: Representatives Curtin, Grossman, Hagan, R., Mallory, Phillips 

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A BILL

To amend sections 4511.11 and 4511.21 of the Revised

1

Code to permit a person or neighborhood

2

association or organization to request the

3

Director of Transportation to reduce the speed

4

limit on the street or highway of the person's

5

residence or a street or highway located within

6

the area of representation of the association or

7

organization if the street or highway has a speed

8

limit of not more than 35 miles per hour, and to

9

permit a person or neighborhood association or

10

organization to request the Director or a local

11

authority to erect a stop sign at an intersection

12

where currently no stop sign is present.

13

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 4511.11 and 4511.21 of the Revised	14
Code be amended to read as follows:	15

Sec. 4511.11.  (A) LocalSubject to division (B) of this	16
section, local authorities in their respective jurisdictions shall	17
place and maintain traffic control devices in accordance with the	18
department of transportation manual for a uniform system of	19
traffic control devices, adopted under section 4511.09 of the	20
Revised Code, upon highways under their jurisdiction as are	21
necessary to indicate and to carry out sections 4511.01 to 4511.76	22
and 4511.99 of the Revised Code, local traffic ordinances, or to	23
regulate, warn, or guide traffic.	24

(B)(1) Either of the following may submit a petition to the	25
director of transportation or the proper local authority, as the	26
case may be, requesting that a stop sign be erected at a location	27
of an intersection at which a stop sign currently is not present:	28

(a) A person who resides within a one-quarter mile radius of	29
the intersection location if the intersection location lies within	30
the boundaries of a municipal corporation, or a person who resides	31
within a one-half mile radius of the intersection location if the	32
intersection location does not lie within the boundaries of a	33
municipal corporation;	34

(b) A recognized neighborhood association or organization	35
that represents the area within which the intersection location is	36
located.	37

(2) The petition shall specify the intersection location at	38
which the person or association or organization desires the stop	39
sign to be erected by describing with specificity the intersection	40
location. If the intersection location is located within the	41
boundaries of a municipal corporation, the petition also shall	42
contain the signatures of not less than fifty-one per cent of the	43
persons who own real property within a one-quarter mile radius of	44
the intersection location. If the intersection location is not	45
located within the boundaries of a municipal corporation, the	46
petition also shall contain the signatures of not less than	47
fifty-one per cent of the persons who own real property within a	48
one-half mile radius of the intersection location.	49

(3) Upon receipt of such a petition, the director or local	50
authority shall determine whether a stop sign should be erected at	51
the intersection location. The director or local authority, in	52
addition to consulting the state manual, shall take into account	53
and give due consideration to the petition in determining whether	54
to erect the stop sign requested in the petition. The director or	55
local authority shall notify the person or association or	56
organization in writing of the director's or local authority's	57
decision regarding the requested stop sign.	58

If the director or local authority determines that a stop	59
sign should be erected at the intersection location, the director	60
shall enter the determination into the director's journal, or the	61
local authority shall issue a written determination. The director	62
or local authority shall install the stop sign at the intersection	63
location not later than thirty days after the date the director	64
enters the determination into the director's journal or the local	65
authority issues the written determination.	66

(C) The director of transportation may require to be removed	67
any traffic control device that does not conform to the state	68
manual for a uniform system of traffic control devices on the	69
extensions of the state highway system within municipal	70
corporations.	71

(C)(D) No village shall place or maintain any traffic control	72
signal upon an extension of the state highway system within the	73
village without first obtaining the permission of the director.	74
The director may revoke the permission and may require to be	75
removed any traffic control signal that has been erected without	76
the director's permission on an extension of a state highway	77
within a village, or that, if erected under a permit granted by	78
the director, does not conform to the state manual, or that is not	79
operated in accordance with the terms of the permit.	80

(D)(E) All traffic control devices erected on any street,	81
highway, alley, bikeway, or private road open to public travel	82
shall conform to the state manual.	83

(E)(F) No person, firm, or corporation shall sell or offer	84
for sale to local authorities any traffic control device that does	85
not conform to the state manual, except by permission of the	86
director.	87

(F)(G) No local authority shall purchase or manufacture any	88
traffic control device that does not conform to the state manual,	89
except by permission of the director.	90

(G)(H) Whoever violates division (E)(F) of this section is	91
guilty of a misdemeanor of the third degree.	92

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	93
trackless trolley, or streetcar at a speed greater or less than is	94
reasonable or proper, having due regard to the traffic, surface,	95
and width of the street or highway and any other conditions, and	96
no person shall drive any motor vehicle, trackless trolley, or	97
streetcar in and upon any street or highway at a greater speed	98
than will permit the person to bring it to a stop within the	99
assured clear distance ahead.	100

(B) It is prima-facie lawful, in the absence of a lower limit	101
declared or established pursuant to this section by the director	102
of transportation or local authorities, for the operator of a	103
motor vehicle, trackless trolley, or streetcar to operate the same	104
at a speed not exceeding the following:	105

(1)(a) Twenty miles per hour in school zones during school	106
recess and while children are going to or leaving school during	107
the opening or closing hours, and when twenty miles per hour	108
school speed limit signs are erected; except that, on	109
controlled-access highways and expressways, if the right-of-way	110
line fence has been erected without pedestrian opening, the speed	111
shall be governed by division (B)(4) of this section and on	112
freeways, if the right-of-way line fence has been erected without	113
pedestrian opening, the speed shall be governed by divisions	114
(B)(9) and (10) of this section. The end of every school zone may	115
be marked by a sign indicating the end of the zone. Nothing in	116
this section or in the manual and specifications for a uniform	117
system of traffic control devices shall be construed to require	118
school zones to be indicated by signs equipped with flashing or	119
other lights, or giving other special notice of the hours in which	120
the school zone speed limit is in effect.	121

(b) As used in this section and in section 4511.212 of the	122
Revised Code, "school" means any school chartered under section	123
3301.16 of the Revised Code and any nonchartered school that	124
during the preceding year filed with the department of education	125
in compliance with rule 3301-35-08 of the Ohio Administrative	126
Code, a copy of the school's report for the parents of the	127
school's pupils certifying that the school meets Ohio minimum	128
standards for nonchartered, nontax-supported schools and presents	129
evidence of this filing to the jurisdiction from which it is	130
requesting the establishment of a school zone. "School" also	131
includes a special elementary school that in writing requests the	132
county engineer of the county in which the special elementary	133
school is located to create a school zone at the location of that	134
school. Upon receipt of such a written request, the county	135
engineer shall create a school zone at that location by erecting	136
the appropriate signs.	137

(c) As used in this section, "school zone" means that portion	138
of a street or highway passing a school fronting upon the street	139
or highway that is encompassed by projecting the school property	140
lines to the fronting street or highway, and also includes that	141
portion of a state highway. Upon request from local authorities	142
for streets and highways under their jurisdiction and that portion	143
of a state highway under the jurisdiction of the director of	144
transportation or a request from a county engineer in the case of	145
a school zone for a special elementary school, the director may	146
extend the traditional school zone boundaries. The distances in	147
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	148
exceed three hundred feet per approach per direction and are	149
bounded by whichever of the following distances or combinations	150
thereof the director approves as most appropriate:	151

(i) The distance encompassed by projecting the school	152
building lines normal to the fronting highway and extending a	153
distance of three hundred feet on each approach direction;	154

(ii) The distance encompassed by projecting the school	155
property lines intersecting the fronting highway and extending a	156
distance of three hundred feet on each approach direction;	157

(iii) The distance encompassed by the special marking of the	158
pavement for a principal school pupil crosswalk plus a distance of	159
three hundred feet on each approach direction of the highway.	160

Nothing in this section shall be construed to invalidate the	161
director's initial action on August 9, 1976, establishing all	162
school zones at the traditional school zone boundaries defined by	163
projecting school property lines, except when those boundaries are	164
extended as provided in divisions (B)(1)(a) and (c) of this	165
section.	166

(d) As used in this division, "crosswalk" has the meaning	167
given that term in division (LL)(2) of section 4511.01 of the	168
Revised Code.	169

The director may, upon request by resolution of the	170
legislative authority of a municipal corporation, the board of	171
trustees of a township, or a county board of developmental	172
disabilities created pursuant to Chapter 5126. of the Revised	173
Code, and upon submission by the municipal corporation, township,	174
or county board of such engineering, traffic, and other	175
information as the director considers necessary, designate a	176
school zone on any portion of a state route lying within the	177
municipal corporation, lying within the unincorporated territory	178
of the township, or lying adjacent to the property of a school	179
that is operated by such county board, that includes a crosswalk	180
customarily used by children going to or leaving a school during	181
recess and opening and closing hours, whenever the distance, as	182
measured in a straight line, from the school property line nearest	183
the crosswalk to the nearest point of the crosswalk is no more	184
than one thousand three hundred twenty feet. Such a school zone	185
shall include the distance encompassed by the crosswalk and	186
extending three hundred feet on each approach direction of the	187
state route.	188

(e) As used in this section, "special elementary school"	189
means a school that meets all of the following criteria:	190

(i) It is not chartered and does not receive tax revenue from	191
any source.	192

(ii) It does not educate children beyond the eighth grade.

193

(iii) It is located outside the limits of a municipal	194
corporation.	195

(iv) A majority of the total number of students enrolled at	196
the school are not related by blood.	197

(v) The principal or other person in charge of the special	198
elementary school annually sends a report to the superintendent of	199
the school district in which the special elementary school is	200
located indicating the total number of students enrolled at the	201
school, but otherwise the principal or other person in charge does	202
not report any other information or data to the superintendent.	203

(2) Twenty-five miles per hour in all other portions of a	204
municipal corporation, except on state routes outside business	205
districts, through highways outside business districts, and	206
alleys;	207

(3) Thirty-five miles per hour on all state routes or through	208
highways within municipal corporations outside business districts,	209
except as provided in divisions (B)(4) and (6) of this section;	210

(4) Fifty miles per hour on controlled-access highways and	211
expressways within municipal corporations;	212

(5) Fifty-five miles per hour on highways outside municipal	213
corporations, other than highways within island jurisdictions as	214
provided in division (B)(8) of this section, highways as provided	215
in division (B)(9) of this section, and highways, expressways, and	216
freeways as provided in divisions (B)(12), (13), (14), and (16) of	217
this section;	218

(6) Fifty miles per hour on state routes within municipal	219
corporations outside urban districts unless a lower prima-facie	220
speed is established as further provided in this section;	221

(7) Fifteen miles per hour on all alleys within the municipal	222
corporation;	223

(8) Thirty-five miles per hour on highways outside municipal	224
corporations that are within an island jurisdiction;	225

(9) Sixty miles per hour on two-lane state routes outside	226
municipal corporations as established by the director under	227
division (H)(2) of this section.	228

(10) Fifty-five miles per hour at all times on freeways with	229
paved shoulders inside municipal corporations, other than freeways	230
as provided in divisions (B)(14) and (16) of this section;	231

(11) Fifty-five miles per hour at all times on freeways	232
outside municipal corporations, other than freeways as provided in	233
divisions (B)(14) and (16) of this section;	234

(12) Sixty miles per hour for operators of any motor vehicle	235
at all times on all portions of rural divided highways;	236

(13) Sixty-five miles per hour for operators of any motor	237
vehicle at all times on all rural expressways without traffic	238
control signals;	239

(14) Seventy miles per hour for operators of any motor	240
vehicle at all times on all rural freeways;	241

(15) Fifty-five miles per hour for operators of any motor	242
vehicle at all times on all portions of freeways in congested	243
areas as determined by the director and that are part of the	244
interstate system and are located within a municipal corporation	245
or within an interstate freeway outerbelt;	246

(16) Sixty-five miles per hour for operators of any motor	247
vehicle at all times on all portions of freeways in urban areas as	248
determined by the director and that are part of the interstate	249
system and are part of an interstate freeway outerbelt.	250

(C) It is prima-facie unlawful for any person to exceed any	251
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	252
(6), (7), and (8) of this section, or any declared or established	253
pursuant to this section by the director or local authorities and	254
it is unlawful for any person to exceed any of the speed	255
limitations in division (D) of this section. No person shall be	256
convicted of more than one violation of this section for the same	257
conduct, although violations of more than one provision of this	258
section may be charged in the alternative in a single affidavit.	259

(D) No person shall operate a motor vehicle, trackless	260
trolley, or streetcar upon a street or highway as follows:	261

(1) At a speed exceeding fifty-five miles per hour, except	262
upon a two-lane state route as provided in division (B)(9) of this	263
section and upon a highway, expressway, or freeway as provided in	264
divisions (B)(12), (13), (14), and (16) of this section;	265

(2) At a speed exceeding sixty miles per hour upon a two-lane	266
state route as provided in division (B)(9) of this section and	267
upon a highway as provided in division (B)(12) of this section;	268

(3) At a speed exceeding sixty-five miles per hour upon an	269
expressway as provided in division (B)(13) or upon a freeway as	270
provided in division (B)(16) of this section, except upon a	271
freeway as provided in division (B)(14) of this section;	272

(4) At a speed exceeding seventy miles per hour upon a	273
freeway as provided in division (B)(14) of this section;	274

(5) At a speed exceeding the posted speed limit upon a	275
highway, expressway, or freeway for which the director has	276
determined and declared a speed limit pursuant to division (I)(2)	277
or (L)(2) of this section.	278

(E) In every charge of violation of this section the	279
affidavit and warrant shall specify the time, place, and speed at	280
which the defendant is alleged to have driven, and in charges made	281
in reliance upon division (C) of this section also the speed which	282
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	283
declared or established pursuant to, this section declares is	284
prima-facie lawful at the time and place of such alleged	285
violation, except that in affidavits where a person is alleged to	286
have driven at a greater speed than will permit the person to	287
bring the vehicle to a stop within the assured clear distance	288
ahead the affidavit and warrant need not specify the speed at	289
which the defendant is alleged to have driven.	290

(F) When a speed in excess of both a prima-facie limitation	291
and a limitation in division (D) of this section is alleged, the	292
defendant shall be charged in a single affidavit, alleging a	293
single act, with a violation indicated of both division (B)(1)(a),	294
(2), (3), (4), (6), (7), or (8) of this section, or of a limit	295
declared or established pursuant to this section by the director	296
or local authorities, and of the limitation in division (D) of	297
this section. If the court finds a violation of division	298
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	299
or established pursuant to, this section has occurred, it shall	300
enter a judgment of conviction under such division and dismiss the	301
charge under division (D) of this section. If it finds no	302
violation of division (B)(1)(a), (2), (3), (4), (6), (7), or (8)	303
of, or a limit declared or established pursuant to, this section,	304
it shall then consider whether the evidence supports a conviction	305
under division (D) of this section.	306

(G) Points shall be assessed for violation of a limitation	307
under division (D) of this section in accordance with section	308
4510.036 of the Revised Code.	309

(H)(1) Whenever the director determines upon the basis of a	310
geometric and traffic characteristic study that any speed limit	311
set forth in divisions (B)(1)(a) to (D) of this section is greater	312
or less than is reasonable or safe under the conditions found to	313
exist at any portion of a street or highway under the jurisdiction	314
of the director, the director shall determine and declare a	315
reasonable and safe prima-facie speed limit, which shall be	316
effective when appropriate signs giving notice of it are erected	317
at the location.	318

(2) Whenever the director determines upon the basis of a	319
geometric and traffic characteristic study that the speed limit of	320
fifty-five miles per hour on a two-lane state route outside a	321
municipal corporation is less than is reasonable or safe under the	322
conditions found to exist at that portion of the state route, the	323
director may determine and declare a speed limit of sixty miles	324
per hour for that portion of the state route, which shall be	325
effective when appropriate signs giving notice of it are erected	326
at the location.	327

(I)(1)(a) Except as provided in divisions (I)(2) and (K) of	328
this section, whenever local authorities determine upon the basis	329
of an engineering and traffic investigation that the speed	330
permitted by divisions (B)(1)(a) to (D) of this section, on any	331
part of a highway under their jurisdiction, is greater than is	332
reasonable and safe under the conditions found to exist at such	333
location, the local authorities may by resolution request the	334
director to determine and declare a reasonable and safe	335
prima-facie speed limit. Upon receipt of such request the director	336
may determine and declare a reasonable and safe prima-facie speed	337
limit at such location, and if the director does so, then such	338
declared speed limit shall become effective only when appropriate	339
signs giving notice thereof are erected at such location by the	340
local authorities. The director may withdraw the declaration of a	341
prima-facie speed limit whenever in the director's opinion the	342
altered prima-facie speed becomes unreasonable. Upon such	343
withdrawal, the declared prima-facie speed shall become	344
ineffective and the signs relating thereto shall be immediately	345
removed by the local authorities.	346

(b) In relation to a determination by the director regarding	347
a request for a lower prima-facie speed limit under division	348
(I)(1)(a) of this section for a street or highway with a speed	349
limit of not more than thirty-five miles per hour, either of the	350
following may submit a petition to the director supporting a	351
request for the lower prima-facie speed limit:	352

(i) A person who resides on the street or highway;

353

(ii) A recognized neighborhood association or organization	354
that represents the area within which the street or highway is	355
located.	356

The petition shall specify the portion of the street or	357
highway that the person or association or organization desires to	358
be the subject of the speed limit reduction by describing with	359
reasonable specificity the portion at issue. The petition also	360
shall contain the signatures of not less than fifty-one per cent	361
of the persons who own real property located on the portion of the	362
street or highway at issue.	363

Upon receipt of such a petition, the director, in making a	364
determination regarding a speed limit modification pursuant to	365
division (I)(1)(a) of this section, shall take into account and	366
give due consideration to the petition in determining whether to	367
declare a lower prima-facie speed limit on the portion of the	368
street or highway specified in the petition. The director shall	369
notify the person or association or organization in writing of the	370
director's decision regarding the requested lower prima-facie	371
speed limit.	372

(2) A local authority may determine on the basis of a	373
geometric and traffic characteristic study that the speed limit of	374
sixty-five miles per hour on a portion of a freeway under its	375
jurisdiction that was established through the operation of	376
division (L)(3) of this section is greater than is reasonable or	377
safe under the conditions found to exist at that portion of the	378
freeway. If the local authority makes such a determination, the	379
local authority by resolution may request the director to	380
determine and declare a reasonable and safe speed limit of not	381
less than fifty-five miles per hour for that portion of the	382
freeway. If the director takes such action, the declared speed	383
limit becomes effective only when appropriate signs giving notice	384
of it are erected at such location by the local authority.	385

(J) Local authorities in their respective jurisdictions may	386
authorize by ordinance higher prima-facie speeds than those stated	387
in this section upon through highways, or upon highways or	388
portions thereof where there are no intersections, or between	389
widely spaced intersections, provided signs are erected giving	390
notice of the authorized speed, but local authorities shall not	391
modify or alter the basic rule set forth in division (A) of this	392
section or in any event authorize by ordinance a speed in excess	393
of fifty miles per hour.	394

Alteration of prima-facie limits on state routes by local	395
authorities shall not be effective until the alteration has been	396
approved by the director. The director may withdraw approval of	397
any altered prima-facie speed limits whenever in the director's	398
opinion any altered prima-facie speed becomes unreasonable, and	399
upon such withdrawal, the altered prima-facie speed shall become	400
ineffective and the signs relating thereto shall be immediately	401
removed by the local authorities.	402

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	403
section, "unimproved highway" means a highway consisting of any of	404
the following:	405

(a) Unimproved earth;

406

(b) Unimproved graded and drained earth;

407

(c) Gravel.

408

(2) Except as otherwise provided in divisions (K)(4) and (5)	409
of this section, whenever a board of township trustees determines	410
upon the basis of an engineering and traffic investigation that	411
the speed permitted by division (B)(5) of this section on any part	412
of an unimproved highway under its jurisdiction and in the	413
unincorporated territory of the township is greater than is	414
reasonable or safe under the conditions found to exist at the	415
location, the board may by resolution declare a reasonable and	416
safe prima-facie speed limit of fifty-five but not less than	417
twenty-five miles per hour. An altered speed limit adopted by a	418
board of township trustees under this division becomes effective	419
when appropriate traffic control devices, as prescribed in section	420
4511.11 of the Revised Code, giving notice thereof are erected at	421
the location, which shall be no sooner than sixty days after	422
adoption of the resolution.	423

(3)(a) Whenever, in the opinion of a board of township	424
trustees, any altered prima-facie speed limit established by the	425
board under this division becomes unreasonable, the board may	426
adopt a resolution withdrawing the altered prima-facie speed	427
limit. Upon the adoption of such a resolution, the altered	428
prima-facie speed limit becomes ineffective and the traffic	429
control devices relating thereto shall be immediately removed.	430

(b) Whenever a highway ceases to be an unimproved highway and	431
the board has adopted an altered prima-facie speed limit pursuant	432
to division (K)(2) of this section, the board shall, by	433
resolution, withdraw the altered prima-facie speed limit as soon	434
as the highway ceases to be unimproved. Upon the adoption of such	435
a resolution, the altered prima-facie speed limit becomes	436
ineffective and the traffic control devices relating thereto shall	437
be immediately removed.	438

(4)(a) If the boundary of two townships rests on the	439
centerline of an unimproved highway in unincorporated territory	440
and both townships have jurisdiction over the highway, neither of	441
the boards of township trustees of such townships may declare an	442
altered prima-facie speed limit pursuant to division (K)(2) of	443
this section on the part of the highway under their joint	444
jurisdiction unless the boards of township trustees of both of the	445
townships determine, upon the basis of an engineering and traffic	446
investigation, that the speed permitted by division (B)(5) of this	447
section is greater than is reasonable or safe under the conditions	448
found to exist at the location and both boards agree upon a	449
reasonable and safe prima-facie speed limit of less than	450
fifty-five but not less than twenty-five miles per hour for that	451
location. If both boards so agree, each shall follow the procedure	452
specified in division (K)(2) of this section for altering the	453
prima-facie speed limit on the highway. Except as otherwise	454
provided in division (K)(4)(b) of this section, no speed limit	455
altered pursuant to division (K)(4)(a) of this section may be	456
withdrawn unless the boards of township trustees of both townships	457
determine that the altered prima-facie speed limit previously	458
adopted becomes unreasonable and each board adopts a resolution	459
withdrawing the altered prima-facie speed limit pursuant to the	460
procedure specified in division (K)(3)(a) of this section.	461

(b) Whenever a highway described in division (K)(4)(a) of	462
this section ceases to be an unimproved highway and two boards of	463
township trustees have adopted an altered prima-facie speed limit	464
pursuant to division (K)(4)(a) of this section, both boards shall,	465
by resolution, withdraw the altered prima-facie speed limit as	466
soon as the highway ceases to be unimproved. Upon the adoption of	467
the resolution, the altered prima-facie speed limit becomes	468
ineffective and the traffic control devices relating thereto shall	469
be immediately removed.	470

(5) As used in division (K)(5) of this section:

471

(a) "Commercial subdivision" means any platted territory	472
outside the limits of a municipal corporation and fronting a	473
highway where, for a distance of three hundred feet or more, the	474
frontage is improved with buildings in use for commercial	475
purposes, or where the entire length of the highway is less than	476
three hundred feet long and the frontage is improved with	477
buildings in use for commercial purposes.	478

(b) "Residential subdivision" means any platted territory	479
outside the limits of a municipal corporation and fronting a	480
highway, where, for a distance of three hundred feet or more, the	481
frontage is improved with residences or residences and buildings	482
in use for business, or where the entire length of the highway is	483
less than three hundred feet long and the frontage is improved	484
with residences or residences and buildings in use for business.	485

Whenever a board of township trustees finds upon the basis of	486
an engineering and traffic investigation that the prima-facie	487
speed permitted by division (B)(5) of this section on any part of	488
a highway under its jurisdiction that is located in a commercial	489
or residential subdivision, except on highways or portions thereof	490
at the entrances to which vehicular traffic from the majority of	491
intersecting highways is required to yield the right-of-way to	492
vehicles on such highways in obedience to stop or yield signs or	493
traffic control signals, is greater than is reasonable and safe	494
under the conditions found to exist at the location, the board may	495
by resolution declare a reasonable and safe prima-facie speed	496
limit of less than fifty-five but not less than twenty-five miles	497
per hour at the location. An altered speed limit adopted by a	498
board of township trustees under this division shall become	499
effective when appropriate signs giving notice thereof are erected	500
at the location by the township. Whenever, in the opinion of a	501
board of township trustees, any altered prima-facie speed limit	502
established by it under this division becomes unreasonable, it may	503
adopt a resolution withdrawing the altered prima-facie speed, and	504
upon such withdrawal, the altered prima-facie speed shall become	505
ineffective, and the signs relating thereto shall be immediately	506
removed by the township.	507

(L)(1) On the effective date of this amendmentSeptember 29,	508
2013, the director of transportation, based upon an engineering	509
study of a highway, expressway, or freeway described in division	510
(B)(12), (13), (14), (15), or (16) of this section, in	511
consultation with the director of public safety and, if	512
applicable, the local authority having jurisdiction over the	513
studied highway, expressway, or freeway, may determine and declare	514
that the speed limit established on such highway, expressway, or	515
freeway under division (B)(12), (13), (14), (15), or (16) of this	516
section either is reasonable and safe or is more or less than that	517
which is reasonable and safe.	518

(2) If the established speed limit for a highway, expressway,	519
or freeway studied pursuant to division (L)(1) of this section is	520
determined to be more or less than that which is reasonable and	521
safe, the director of transportation, in consultation with the	522
director of public safety and, if applicable, the local authority	523
having jurisdiction over the studied highway, expressway, or	524
freeway, shall determine and declare a reasonable and safe speed	525
limit for that highway, expressway, or freeway.	526

(N)(M)(1)(a) If the boundary of two local authorities rests	527
on the centerline of a highway and both authorities have	528
jurisdiction over the highway, the speed limit for the part of the	529
highway within their joint jurisdiction shall be either one of the	530
following as agreed to by both authorities:	531

(i) Either prima-facie speed limit permitted by division (B)	532
of this section;	533

(ii) An altered speed limit determined and posted in	534
accordance with this section.	535

(b) If the local authorities are unable to reach an	536
agreement, the speed limit shall remain as established and posted	537
under this section.	538

(2) Neither local authority may declare an altered	539
prima-facie speed limit pursuant to this section on the part of	540
the highway under their joint jurisdiction unless both of the	541
local authorities determine, upon the basis of an engineering and	542
traffic investigation, that the speed permitted by this section is	543
greater than is reasonable or safe under the conditions found to	544
exist at the location and both authorities agree upon a uniform	545
reasonable and safe prima-facie speed limit of less than	546
fifty-five but not less than twenty-five miles per hour for that	547
location. If both authorities so agree, each shall follow the	548
procedure specified in this section for altering the prima-facie	549
speed limit on the highway, and the speed limit for the part of	550
the highway within their joint jurisdiction shall be uniformly	551
altered. No altered speed limit may be withdrawn unless both local	552
authorities determine that the altered prima-facie speed limit	553
previously adopted becomes unreasonable and each adopts a	554
resolution withdrawing the altered prima-facie speed limit	555
pursuant to the procedure specified in this section.	556

(O)(N) As used in this section:

557

(1) "Interstate system" has the same meaning as in 23	558
U.S.C.A. 101.	559

(2) "Commercial bus" means a motor vehicle designed for	560
carrying more than nine passengers and used for the transportation	561
of persons for compensation.	562

(3) "Noncommercial bus" includes but is not limited to a	563
school bus or a motor vehicle operated solely for the	564
transportation of persons associated with a charitable or	565
nonprofit organization.	566

(4) "Outerbelt" means a portion of a freeway that is part of	567
the interstate system and is located in the outer vicinity of a	568
major municipal corporation or group of municipal corporations, as	569
designated by the director.	570

(5) "Rural" means outside urbanized areas, as designated in	571
accordance with 23 U.S.C. 101, and outside of a business or urban	572
district.	573

(P)(O)(1) A violation of any provision of this section is one	574
of the following:	575

(a) Except as otherwise provided in divisions (P)(O)(1)(b),	576
(1)(c), (2), and (3) of this section, a minor misdemeanor;	577

(b) If, within one year of the offense, the offender	578
previously has been convicted of or pleaded guilty to two	579
violations of any provision of this section or of any provision of	580
a municipal ordinance that is substantially similar to any	581
provision of this section, a misdemeanor of the fourth degree;	582

(c) If, within one year of the offense, the offender	583
previously has been convicted of or pleaded guilty to three or	584
more violations of any provision of this section or of any	585
provision of a municipal ordinance that is substantially similar	586
to any provision of this section, a misdemeanor of the third	587
degree.	588

(2) If the offender has not previously been convicted of or	589
pleaded guilty to a violation of any provision of this section or	590
of any provision of a municipal ordinance that is substantially	591
similar to this section and operated a motor vehicle faster than	592
thirty-five miles an hour in a business district of a municipal	593
corporation, faster than fifty miles an hour in other portions of	594
a municipal corporation, or faster than thirty-five miles an hour	595
in a school zone during recess or while children are going to or	596
leaving school during the school's opening or closing hours, a	597
misdemeanor of the fourth degree.	598

(3) Notwithstanding division (P)(O)(1) of this section, if	599
the offender operated a motor vehicle in a construction zone where	600
a sign was then posted in accordance with section 4511.98 of the	601
Revised Code, the court, in addition to all other penalties	602
provided by law, shall impose upon the offender a fine of two	603
times the usual amount imposed for the violation. No court shall	604
impose a fine of two times the usual amount imposed for the	605
violation upon an offender if the offender alleges, in an	606
affidavit filed with the court prior to the offender's sentencing,	607
that the offender is indigent and is unable to pay the fine	608
imposed pursuant to this division and if the court determines that	609
the offender is an indigent person and unable to pay the fine.	610

Section 2.  That existing sections 4511.11 and 4511.21 of the	611
Revised Code are hereby repealed.	612