Chapter 473 Bicycles and Motorcycles
CHAPTER 471 – PEDESTRIANS
471.01 Right-of-way in Crosswalk 471.02 Right-of-way of Blind Person 471.03 Crossing Roadway Outside Crosswalk 471.04 Moving upon Right Half of Crosswalk 471.041 Persons Operating Motorized Wheelchairs 471.05 Walking Along Highways
471.06 Use of Highway for Soliciting; Riding in Cargo Storage Area, on Tailgate or on Outside of Vehicle 471.061 To Repeatedly Stop, Hail Down, or Beckon to Vehicles Prohibited; Exceptions; Penalties 471.07 Right-of-way on Sidewalk
471.08 Yielding to Public Safety Vehicle
471.09 Walking on Highway While Under the Influence 471.10 On Bridges or Railroad Crossings
471.11 Using Ordinary Care
471.12 Designation of Pedestrian Ways; Prohibition of Private Vehicular Traffic Cross-reference:
Obedience to traffic control devices, CO 413.01,413.03 Pedestrian control signals, CO 413.05
Pedestrian defined, CO 401.37
Pedestrian’s right-of-way at airports, CO 571.42 Pedestrians prohibited on freeways, CO 403.12 Statutory reference:
See sectional histories for similar State law
§ 471.01 Right-of-way in Crosswalk
(a) When traffic control signals are not in place, not in operation or are not clearly assigning the of-way, the driver of a vehicle shall yield the right-of- way, slowing down or stopping if need be to so yield or if required by Section 413.11, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
(c) Division (a) of this section does not apply under the conditions stated in division (b) of Section 471.03.
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
(RC 4511.46; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
§ 471.02 Right-of-way of Blind Person
(a) As used in this section, “blind person” or “blind pedestrian” means a person having not more than twenty/two hundred (20/200) visual acuity in the better eye with correcting lenses or visual acuity greater than twenty/two hundred (20/200) but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees.
The driver of every vehicle shall yield the right-of- way to every blind pedestrian guided by a guide dog, or carrying a cane which is predominantly white or metallic in color, with or without a red tip.
(b) No person, other than a blind person, while on any public highway, street, alley or other public thoroughfare shall carry a white or metallic cane, with or without a red tip.
(RC 4511.47; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 471.03 Crossing Roadway Outside Crosswalk
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all traffic upon the roadway.
(c) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.
(e) This section does not relieve the operator of a vehicle from exercising due care to avoid colliding with any pedestrian upon any roadway.
(RC 4511.48; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
§ 471.04 Moving upon Right Half of Crosswalk
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(RC 4511.49; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 471.041 Persons Operating Motorized Wheelchairs
Every person operating a motorized wheelchair or an Electric Personal Assistive Mobility Device shall have all of the rights and duties applicable to a pedestrian that are contained in this chapter, except those provisions which by their nature can have no application.
(Ord. No. 1869-04. Passed 12-13-04, eff. 12-17-04)
§ 471.05 Walking Along Highways
(a) Where a sidewalk is provided and its use is practicable, no pedestrian shall walk along and upon an adjacent roadway.
(b) Where a sidewalk is not available, any pedestrian walking along and upon a 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 highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two (2) way roadway, shall walk only on the left side of the roadway.
(d) Except as otherwise provided in Sections 413.03 and 471.01, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
(RC 4511.50; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 471.06 Use of Highway for Soliciting; Riding in Cargo Storage Area, on Tailgate or on Outside of Vehicle
(a) No person while on a roadway outside a safety zone shall solicit a ride from the driver of any vehicle. This division does not apply in the case of
emergency or when the solicitation is due to the person engaging transportation for hire.
(b) No person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle. This division does not apply to police or firefighters soliciting contributions for bona fide charities.
(c) No person shall stand on a street or highway, or on any other portion of the right-of-way, including the berm, shoulder, treelawn, and sidewalk, and transfer or receive any item, object, package, currency, or anything of value, to or from the driver or an occupant of any vehicle.
This division shall not apply in the case of emergency, or when the transfer or exchange of the item, object, package, currency, or thing of value is due to the person engaging transportation for hire or making a purchase from a licensed vendor. This division does not apply in the case of emergency; or when the transfer or exchange of the item object, package, currency, or thing of value is due to the person engaging transportation for hire by a public hack; or is due to the person facilitating a funeral escort vehicle; or is due to the person making a purchase from a licensed vendor; or is due to police or firefighters soliciting contributions for bona fide charities; or is due to a charitable entity soliciting for bona fide charitable purposes.
(d) No person who is the driver or occupant of a vehicle shall transfer or receive any item, object, package, currency, or anything of value, to or from any person standing on a street or highway, or on any other portion of the right-of-way, including the berm, shoulder, treelawn, and sidewalk.
This division shall not apply in the case of emergency, or when the transfer or exchange of the item, object, package, currency, or thing of value is due to the person engaging transportation for hire or making a purchase from a licensed vendor. This division does not apply in the case of emergency; or when the transfer or exchange of the item, object, package, currency, or thing of value is due to the person engaging transportation for hire by a public hack; or is due to the person facilitating a funeral escort vehicle; or is due to the person making a purchase from a licensed vendor; or is due to police or firefighters soliciting contributions for bona fide charities; or is due to a charitable entity soliciting for bona fide charitable purposes.
(e) No person shall stand on a street or highway, or on any other portion of the right-of-way, including the berm, treelawn, shoulder, and sidewalk, and repeatedly stop, beckon to, or attempt to stop vehicular traffic by hailing, waving arms, or making other bodily gestures.
This division shall not be construed to prohibit a person from stopping, beckoning to, or attempting to stop vehicles due to emergency, or to warn drivers of danger, or to engage transportation or hire.
(f) No person shall hang onto, or ride on the outside of any motor vehicle, streetcar, or trackless trolley while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under the authority of a public agency.
(g) No operator shall knowingly permit any person to hang onto, or ride on the outside of any motor vehicle, streetcar, or trackless trolley while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under the authority of a public agency.
(h) No driver of a truck, trailer, or semitrailer shall knowingly permit any person who has not attained the age of sixteen (16) years to ride in the unenclosed or unroofed cargo storage area of his or her vehicle if the vehicle is traveling faster than twenty-five (25) miles per hour, unless either of the following applies:
(1) The cargo storage area of the vehicle is equipped with a properly secured seat to which is attached a seat safety belt that is in compliance with federal standards for an occupant restraining device as defined in division (A)(2) of RC 4513.263, the seat and seat safety belt were installed at the time the vehicle was originally assembled, and the person riding in the cargo storage area is in the seat and is wearing the seat safety belt;
(2) An emergency exists that threatens the life of the driver or the person being transported in the cargo storage area of the truck, trailer, or semitrailer.
(i) No driver of a truck, trailer, or semitrailer shall permit any person, except for those workers performing specialized highway or street maintenance or construction under authority of a public agency, to ride in the cargo storage area or on a tailgate of his or her vehicle while the tailgate is unlatched.
(j) No person shall leave or enter a vehicle that is in motion except in an emergency necessitating such action.
(k) As used in this section, “street” or “highway” have the same meaning as in division (BB) of RC Section 4511.01.
(l) Whoever violates divisions (b), (c), (d) or (e) of this section is guilty of a misdemeanor of the fourth degree on the first offense, a misdemeanor of the third degree on the second offense, and a misdemeanor of the first degree on the third and each subsequent offense. Whoever violates any other division of this section is guilty of a minor misdemeanor on the first offense; a misdemeanor of the fourth degree on a second offense; and a misdemeanor of the third degree on the third and each subsequent offense.
(RC 4511.51; Ord. No. 1534-02. Passed 11-11-02, eff. 11-19-02)
§ 471.061 To Repeatedly Stop, Hail Down, or Beckon to Vehicles Prohibited; Exceptions; Penalties
(a) No person shall repeatedly stop, beckon to, or attempt to stop vehicles by hailing, waving arms, or making other bodily gestures, in or about any public place, or any place open to the public, or any private place visible from a public place, in combination with the following conduct:
To repeatedly leave the place in a vehicle that the person has stopped, hailed down or beckoned to, and to return a short time later, in less than an hour, to the same or another public place, or any place open to the public, or any private place visible from a public place, to repeat the same behaviors.
(b) No person shall repeatedly stop, beckon to, or attempt to stop vehicles by hailing, waving arms, or making other bodily gestures, by waving arms, or making other bodily gestures, in or about any public place, or any place open to the public, or any private place visible from a public place, in combination with the following conduct:
(1) To transfer small objects or packages in exchange for currency or any other thing of value; or
(2) To carry small objects or packages in the mouth and to transfer such objects or packages to another person for currency or any other thing of value, or to swallow or attempt to swallow the objects or packages if approached by a law enforcement officer.
(c) This section does not apply to any person who stops, beckons to, or attempts to stop vehicles due to emergency, or to warn drivers of danger, or to engage transportation for hire.
(d) The requisite culpability or intent for the offenses defined in this section is knowingly. As used in this section, “knowingly” has the same meaning as in Section 601.07.
(e) Whoever violates divisions (a) or (b) of this section is guilty of a misdemeanor of the fourth degree on the first offense, and a misdemeanor of the first degree on each subsequent offense.
Ord. No. 1217-02. Passed 6-10-02; eff. 6-14-02)
§ 471.07 Right-of-way on Sidewalk
The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.
(RC 4511.441; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 471.08 Yielding to Public Safety Vehicle
(a) Upon the immediate approach of a public safety vehicle as stated in Section 431.21, every pedestrian shall yield the right-of-way to the public safety vehicle.
(b) This section shall not relieve the driver of a public safety vehicle from the duty to exercise due care to avoid colliding with any pedestrian.
(RC 4511.452; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 471.09 Walking on Highway While Under the Influence
A pedestrian who is under the influence of alcohol or any drug of abuse, or any combination thereof, to a degree which renders himself or herself a hazard shall not walk or be upon a highway.
(RC 4511.481; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 471.10 On Bridges or Railroad Crossings
(a) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate or barrier after a bridge operation signal indication has been given.
(b) No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.
(RC 4511.511; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 471.11 Using Ordinary Care
(a) No person shall enter upon, walk in or cross any roadway, in such a manner as to endanger his or her life or limb. Every person shall at all times and places exercise ordinary care for his or her own protection and safety.
(b) No person shall cross a roadway except at a crosswalk when any crosswalk is within three hundred (300) feet of the point of crossing.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 471.12 Designation of Pedestrian Ways; Prohibition of Private Vehicular Traffic
The following areas are designated as pedestrian ways in which all vehicular traffic, other than travel by City-owned vehicles is prohibited:
East 6th Street from Prospect Avenue to Huron Road.
(Ord. No. 195-94. Passed 3-14-94, eff. 3-23-94)