A Texting, Cell Phone, Emailing Driver is a Distracted Driver!

Mobile devices help us stay connected. Texting, tweeting or checking email are great but not when combined with driving! Distracted driving is an epidemic that is killing people and destroying lifes. April is Distracted Driving Awareness Month and a great time for all of us to prevent these needless tragedies.

According to the National Highway Traffic Safety Administration (NHTSA), about 450,000 people were injured or killed by driver distraction. Drivers on the phone are four times more likely to crash. Driving while on a cell phone (whether handheld or hands-free) reduces reaction time as much as being legally intoxicated. Teen drivers are most likely to be involved in a fatal crash where distraction is reported (16 percent of all teen crash fatalities in 2009). Texting or emailing creates a crash risk 23 times worse than driving while not distracted

The use of mobile Web services has increased dramatically in the last two years. Here are some ways to avoid these driving distractions:

  1. Don’t!  Don’t ever text and drive, surf the Web or check email. It is dangerous and against the law in most states..
  2. Pull Over – If you need to make a call, pull over and stop in a safe area first.
  3. Get Help Ask your passengers to answer or make calls for you. Conversely, if you are a passenger, offer to answer the driver’s phone.
  4. Turn It Off – Either turn off your phone or switch to silent mode before you get in the car.
  5. Know the Law – Ohio has no State law banning cell phone use or texting. However some local laws prohibit the use of handheld cell phones in addition to texting. The GHSA offers this useful chart.
  6. Make a Plan – Review maps and directions before you start to drive. If you need help when you are on the road, ask a passenger or pull over to review your directions again.

Brown and Szaller’s accident and personal injury Attorney Kenneth j. Knabe  wants your roads safe and is ready, willing and able to sue dangerous drivers that cause serious accidents due to texting, cell phone use, e mailing etc. Call him at 216 228 7200 24 hours a day!

Congratulations to Ken Knabe

Kenneth J. Knabe just received this notification from Martindale-Hubbell for marking his 10th year as a preeminent lawyer. K Knabe specializes in serious personal injury Litigation and representation.

“Congratulations. Your peers have been recognizing that you possess the highest standards in both your ethical behavior and quality of your legal work for many years and 2012 marks your 10th Anniversary of receiving the highest possible professional rating.

The AV(r) Preeminent(tm) rating is the pinnacle of excellence earned through a strenuous Peer Review Rating(tm) process that is managed and monitored by the world’s most trusted legal resource – Martindale-Hubbell(r). American Registry”

Road Bicycling In-Line Drafting Safety Tips

Bicycle accidents frequently occur in what could be considered the
most dangerous part of the road Bike drafting ride: the in-line sudden
stop. In-line means drafting off the wheel of the cyclist in front of
you.

3 safety rules exist:

* Never relying on persons in front. Stay on your own lookout,
especially at lights that change suddenly. You have to know yourself the
color of the light and whether it might change at any second.
* Warn everybody behind you that a sudden stop is
happening-hand gesture, yelling stop/stopping, whatever. I guess we
should never assume the persons behind you know what’s happening up
ahead.
* Bottom line though, is oftentimes, a warning is impossible
because things happen quickly. So protect yourself. We all need ‘chicken
necks”

Head injuries:

Problem with head injuries is ‘undiagnosed subdural hematoma”- a
deadly condition. Anyway, when you fall off your bike and hit your
helmet (especially when it breaks) better get checked out medically.
Obviously, if you take a fall and your head is involved, at least let
others know and have someone sit with you.

Another important piece of information is not taking aspirin or
ibuprofen containing products after a head injury for at least 48hrs.
These meds thin your blood and can worsen or increase your risk for a
bleed. Avoid fish oil and vitamin E supplements as well. Tylenol is
fine.

OHIO BICYCLE LAWS

OHIO BICYCLE LAWS
by Kenneth J. Knabe

Attorney at Law

Brown & Szaller Co., L.P.A.

14222 Madison Avenue
Lakewood, Ohio  44107

216/228-7200

 

Ohio Bicycle laws are mainly found in the State Code, called the Ohio Revised Code.  Pertinent sections are paraphrased and commented upon.

 

4511.12 Obeying Traffic Control Devices – Drivers of bicycles (“cyclists”) are obligated to obey all traffic control devices

Commentary: Thus, all cyclists must follow the same rules of the road a driver must follow

 

4511.52 Bicycles – Sections 4511.01 through 4511.78, Section 4511.99 and Section 4513.01 through 4513.37 of the revised code apply whenever a bicycle is operated on a highway or bike path. A bicycle operator who violates any section of the motor vehicle traffic or equipment law applicable to bicycles may be issued a ticket by a law enforcement officer. No points can be assessed against the bicycle operator’s driver’s license except in instances of operating under the influence.

Commentary: No points for bicycle tickets

 

4511.07 Local Traffic Regulations – Local authorities may regulate the operation of bicycles as long as such regulation is not inconsistent with the uniform rules of the road prescribed in Ohio law, e.g., local authorities may not prohibit the use of bicycles on any public street or highway. Local authorities may require registration and licensing, but licensing rules cannot be applied to non-residents. (See also 4511.711)

Commentary: Local Bicycle laws exist but cannot be inconsistent with the Ohio Revised Code

 

4511.711 Driving On a Sidewalk – Bicycles are the only vehicles allowed on sidewalks: local authorities may prohibit but not require bicycle riding on sidewalks. (See also 4511.07 and 4511.431.)

Commentary: Local laws can prohibit riding on the sidewalk and still be consistent with the Ohio Revised Code. A city cannot require bicyclists to ride only on  the sidewalk

 

4511.25 Lanes of Travel upon Roadways – A vehicle is to be driven on the right side of the roadway except when: 1) passing another vehicle going in the same direction, 2) making a left turn, 3) when an obstruction exists, 4) when driving on a roadway divided into three or more marked lanes for traffic, or 5) when driving on a roadway for one-way traffic. Slow moving vehicles must remain far enough right to allow others to pass if passing is safe and reasonable. Bicyclists may ride out of the curb lane when preparing for a left turn; when continuing straight when a right-turn-only lane is present; when the curb lane is blocked; and when overtaking and passing another vehicle traveling in the same direction. Operators of slow moving vehicles are not required to compromise their safety in order to allow a faster vehicle to pass. See also 4511.55 below.

4511.29 Driving Left of Center in Passing – No vehicle shall drive to the left of the center of the roadway unless the left side of the roadway is clearly visible and is free of oncoming traffic.

4511.31 Hazardous Zones – Allows for the crossing of a double yellow line in instances when drivers are approaching a slower vehicle (bicycles, horse-drawn buggies, farm vehicles, etc.) proceeding at less than half of the posted speed, as long as the faster vehicle is capable of passing without exceeding the speed limit and as long as there is sufficient clear space in which to do so.

Commentary: A motorist can pass bicyclists left of center if sufficient space exists, the roadway is clearly visible and free of oncoming traffic, the speed limit is not exceeded and the cyclists are riding at least one half below the posted speed

 

4511.39 Turning and Stop Signals – A driver must indicate his or her intention to turn, or move left or right, by signaling continuously at least one hundred feet prior to a turn. Bicycle riders must make a turn signal at least one time, but it need not be continuous. The bicyclist is not required to signal if the bicycle is in a designated turn lane, and a signal shall not be given when the operator’s hands are needed for the safe operation of the bicycle. A signal is required when bringing a vehicle to a stop or suddenly decreasing speed.

4511.55 Riding Bicycles – Every person operating a bicycle on a roadway shall ride as near to the right side of the roadway as practicable, but may ride to the left of hazards, e.g., when fixed or moving objects are in the way; when there are surface hazards; when it is unsafe or otherwise impractical to do so – such as when the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side; or when a slow moving vehicle is permitted to leave the curb lane, as described in 4511.25 above. Persons riding bicycles must obey all traffic rules applicable to vehicles, and exercise due care when passing a standing vehicle or one proceeding in the same direction. Persons riding bicycles on a roadway shall not ride more than two abreast in a single lane, except on paths or parts of roadways set aside for that purpose.

Commentary:  Cyclists can lawfully ride side by side on the road and do not have to be all the way to the right

 

4511.56 Signal Devices on Bicycles – A bicycle may be equipped with a bell, horn, or some device, other than a siren or whistle, audible within at least 100 feet distance. Every bicycle must be equipped with an adequate brake when used on a street or highway.

Every bicycle when in use one-half hour before sunrise or one-half hour before sunset, and in inclement weather, shall be equipped with the following:

Front lamp with a white light, steady or flashing, visible from at least 500 feet. The lamp may be mounted on either the bicycle or the helmet. Rear red reflector visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. Rear red light, steady or flashing, visible from at least 500 feet, in addition to the rear red reflector, unless the light can be seen as well as the reflector. Colorless front reflector mounted at the front. Tire sidewalls may be retro-reflective or colorless, or amber reflectors may be mounted on the front wheel spokes and colorless or red reflectors mounted on rear wheel spokes. Reflectors must be visible from 600 feet of a motorist’s headlamps.

Commentary:  Cyclists must have front and back lights when out in the dark, at sunset, or when it is raining or dark out

Dog Bite Liability

  OHIO  DOG BITE LIABILITY 

Ohio has a very strong, almost strict, liability law for a dog attack or dog bite.  Pursuant to R.C. §955.28, an owner, keeper or harborer of a dog is liable for any injury or damage caused by the dog.  The owner, keeper, or harborer is not liable if the person injured is committing criminal trespass or another crime at the time of the dog attack, or if the injured party wasteasing, tormenting, or abusing the dog.  Criminal trespass does not include a door to door salesman or solicitor.

Bicycle Safety

Passing bicyclists

Packs of road Bicycle riders exist all around the greater Cleveland area. Riders can legally ride side by side in most cities (two abreast). If you are driving a car and passing a pack of riders and you are left of center, you could cause a severe accident and be at fault for a collision with an oncoming motorist. Avoid  passing the pack left of center. Avoid passing into the pack, as this could cause chain reaction bicycle crashes. Passing a pack of Cyclists is  a bad idea. Patience is the key, eventually, you can pass safely. However, if you do pass into the pack, don’t stop suddenly in the pack and always use your turn signals.

Driving while Texting is Dangerous!

Driving and texting are dangerous. We aggressively sue those drivers who injure pedestrians, bicyclists, drivers, motor-cyclists for punitive damages which are designed to punish them for making our roads dangerous and unsafe. However, not many west-side localities have actually passed laws against it, as follows:

I.                    The City of Avon, does not have an ordinance in relation to texting/cell phone use while driving.

 

II.                The City of Avon Lake, does not have an ordinance in relation to texting/cell phone use while driving

 

III.           The City of Brooklyn, has a specific ordinance pertaining to cell phone use while driving. 31.45  USE OF MOBILE TELEPHONES WHILE OPERATING A MOTOR VEHICLE.

 

(1) No person shall operate a motor vehicle on any street or highway while engaging in any conduct defined as the “use” of a mobile telephone unless the operator maintains both hands on the applicable steering device.

(2)  Subsection (e)(1) hereof does not apply to a person who is using the mobile telephone:

 

A. To contact public safety forces, or

 

B.  While maintaining the vehicle in the Park position either on public or private property, or

 

C.     With a “hands-free device” which allows the operator to maintain both hands on the vehicle while using the mobile telephone.

 

Additionally, Brooklyn also makes use of § 331.34, (c) No person shall operate a vehicle without giving his full time and attention to the operation of such vehicle.

 

IV.             The City of Bay Village, Although Bay Village does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Bay Village codified ordinances state:

(c) No person shall operate a vehicle without giving his full time and attention to the operation of such vehicle.

V.        The City of Cleveland, has a specific ordinance in relation to texting while driving, § 433.09  Text Messaging While Driving states,

(a) As used in this section:

(1) “Text message” means a message sent or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a “text message.”

(2) “Wireless handset” means a portable electronic device capable of transmitting or receiving data in the form of a text message.

(b) No person shall use a wireless handset to compose, send or read text messages while driving a motor vehicle in the City of Cleveland

Additionally, § 431.34 (c) of the Cleveland codified ordinances states:

(c) No person shall operate a motor vehicle or motorcycle without giving his full time and attention to the operation of such vehicle.

VI.             The City of Fairview Park, does not have an ordinance in relation to texting/cell phone use while driving.

 

VII.         The City of Lakewood, Although Lakewood does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Lakewood codified ordinances states:

(c) No person shall operate a vehicle without giving his full time and

attention to the operation of such vehicle.

 

VIII.   The City of Lorain, Although Lorain does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Lorain codified ordinances states:

(c) No person shall operate a vehicle without giving his full time and

attention to the operation of such vehicle.

I believe that this could be used in context with texting or cell phone usage

IV. The City of North Olmsted has a specific ordinance in relation to cell phone and texting while driving. It should be noted that in order for a driver to be cited under this ordinance they must commit a moving violation.

331.42  USE OF MOBILE COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE.

      (a)     Definitions.  As used in this section:

(1) “Mobile Communication Device” means a cellular, analog, wireless and digital telephone, and any other wireless electronic device, such as a text messaging device, personal digital assistant, or computer, that is designed or used to communicate text or data.

(2)  “Using” means operating a mobile communication device by:

A.     Dialing;

B.     Answering;

C.     Talking;

D.     Listening; or

E.     Text Messaging or Typing.

(3)   “Park” means, for a vehicle with automatic transmission, to place the vehicle in park gear, and, for a vehicle with a standard transmission, to place the vehicle in neutral gear and apply the brake.

 

(b)     Use and Restrictions.

(1)  No person shall operate a motor vehicle on any street or highway while using a hand-held mobile communication device.

(c)   Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (b) hereof has been or is being committed by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone, or for the sole purpose of issuing a ticket, citation or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature; nor shall any law enforcement officer view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of subsection (b) hereof has been or is being committed by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone; and further, no law enforcement officer shall cite the operator of any automobile being operated on any street or highway for a violation of subsection (b) by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone, hereof unless the officer has stopped the operator for the purpose of issuing a citation, or making an arrest, for a moving traffic violation for which points are charged pursuant to Ohio R.C. 4507.021.

X.            The City of North Ridgeville, Although North Ridgeville does not have a specific ordinance in relation to texting/cell phone use while driving § 432.38 (b) of the North Ridgeville codified ordinances states:

 

(b) No person shall operate a motor vehicle or motorcycle without giving his or her full time and attention to the operation of such vehicle.

 

XI.             The City of Olmsted Falls, has a specific ordinance in relation to text messaging (texting).

432.41   TEXT MESSAGING WHILE DRIVING.

       (a) As used in this section:

(1)   “Text message” means a message sent or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a “text message.”

(2)  “Wireless handset” means a portable electronic device capable of transmitting or receiving data in the form of a text message.

(b)  No person shall use a wireless handset to compose, send or read text messages while driving a motor vehicle in the City of Olmsted Falls.

XII.          The City of Parma, does not have an ordinance in relation to texting/cell phone use while driving.

 

 

XIII.   The City of Rocky River, Although Rocky River does not have a specific

ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Rocky River codified ordinances states:

(c) No person shall operate a vehicle without giving his full time and

attention to the operation of such vehicle.

 

 

XIV.   Sheffield Village, Although Sheffield Village does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Sheffield Village codified ordinances states:

(c) No person shall operate a vehicle without giving his full time and

attention to the operation of such vehicle.

 

I believe that this could be used in context with texting or cell phone usage.

 

XV.         The City of Westlake, Although Westlake does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (a) of the Westlake codified ordinances states:

 

(a)    No person shall operate a motor vehicle upon any street or highway without exercising reasonable and ordinary control over such vehicle.

 

This is a little more vague than ordinances from other cities and may not work as well as § 331.34 (c).

 

Dog Bites and Dog Attacks

618.19  DANGEROUS AND VICIOUS DOGS.

(a)     For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)     “Dangerous dog.”  A dog that, without provocation, and subject to the following sentence, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while that dog is off the premises of its owner, keeper or harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top.  “Dangerous dog” does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist law enforcement officers in the performance of their official duties.

(2)     “Menacing fashion.”  A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

(4)     “Vicious dog.”

A.    A dog that, without provocation and subject to division B. of this definition, meets any of the following criteria:

1.     Has killed or caused serious injury to any person;

2.   Has caused injury, other than killing or serious injury, to any person, or has killed another dog;

3.    Belongs to a breed that is commonly known as a pit bull dog.  The ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping or harboring of a vicious dog.

(5)     “Without provocation.” A dog acts “without provocation” when it was not teased, tormented, or abused by a person, or it was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.

(ORC 955.11(A))

(b)     A person who is the owner or has charge of any animal shall not permit it to run at large in the public road, highway, street, lane, or alley, or upon unenclosed land, or permit them to go upon any private yard, lot, or enclosure without the consent of the owner of the yard, lot, or enclosure

(ORC 951.01, 951.02)

(f)     Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of any dog shall fail at any time to do either of the following:

(1)     Keep the dog physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape;

(2)     Keep the dog under the reasonable control of some person.

(g)     Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:

(1)     While the dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained.

(2)     While the dog is off the premises of the owner, keeper, or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:  keep the dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;  have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station a person in close enough proximity to that dog so as to prevent it from causing injury to any person; or muzzle that dog.

(h)     No owner, keeper, or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000.00) because of damage or bodily injury to or death of a person caused by the vicious dog.

 

 

 

The City of Avon Lake

            618.16  DANGEROUS AND VICIOUS DOGS.

(a)     For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)     “Dangerous dog.”  A dog that, without provocation, and subject to the following sentence, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while that dog is off the premises of its owner, keeper or harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top.  “Dangerous dog” does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist law enforcement officers in the performance of their official duties.

(2)     “Menacing fashion.”  A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

(3)     “Police dog.”  A dog that has been trained and may be used to assist one or more law enforcement officers in the performance of their official duties.

(4)     “Vicious dog.”

A.     A dog that, without provocation and subject to division B. of this definition, meets any of the following criteria:

1.     Has killed or caused serious injury to any person;

2.     Has caused injury, other than killing or serious injury, to any person, or has killed another dog;

3.     Belongs to a breed that is commonly known as a pit bull dog.  The ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping or harboring of a vicious dog.

B.     “Vicious dog” does not include either of the following:

1.     A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist law enforcement officers in the performance of their official duties.

2.     A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.

(5)     “Without provocation.” A dog acts “without provocation” when it was not teased, tormented, or abused by a person, or it was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.

(ORC 955.11(A))

(b)     Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:

(1)     While the dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained.

(2)     While the dog is off the premises of the owner, keeper, or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:  keep the dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;  have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station a person in close enough proximity to that dog so as to prevent it from causing injury to any person; or muzzle that dog.

(c)     No owner, keeper, or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000.00) because of damage or bodily injury to or death of a person caused by the vicious dog.

 

The City of Bay Village

 

505.19  DANGEROUS AND VICIOUS DOGS.

As used in this chapter, certain terms are defined as follows:

(a)     “Dangerous dog” means a dog that, without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger, any person, or bites or causes physical harm to another dog, cat or other domestic animal while off the premises of the owner.  Physical harm is to be determined by a licensed veterinarian within 72 hours of an attack at the expense of the owner.  Dangerous dog does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist law enforcement officers in the performance of his official duties.

(b)     “Menacing fashion,” means that a dog could cause any person being chased or approached to reasonably believe that the dog could cause physical injury to that person.

(c)     “Owner” means any person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of a dog or the parents or guardian of a minor owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dog.                                                             

(e)     “Vicious dog” (as defined in ORC 955.11 (A) (4) means a dog that, without provocation meets any of the following:                    (1)     Has killed or caused serious injury to any person;                                                                              

(2)     Has caused injury, other than killing or serious injury, to any person, or has killed another dog.                                                                                                                                                                           

(3)     Belongs to a breed that is commonly known as a pit bull dog.  The ownership, keeping, or harboring of such a breed of dog shall be prima- facie evidence of the ownership, keeping, or harboring of a vicious dog.

(f)     “Provocation” means that any dog was teased, tormented or abused by a person or that the dog was coming to the aid or defense of a person who was not engaged in illegal activity, and whose person or property was in imminent danger of physical harm

 

505.23           INSURANCE FOR VICIOUS DOGS.

(a)     No owner of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000) because of damage to property or bodily injury to or death of a person caused by the vicious dog.                                                       

(b)     Whoever violates this section is guilty of a misdemeanor of the fourth degree on the first offense, a third degree misdemeanor on the second offense, and a second-degree misdemeanor on the third offense.  Each and every day during such period of noncompliance with this section may be deemed a separate offense.                                     

                                                                                                                                                                  

505.24  RESTRAINT OF DANGEROUS OR VICIOUS DOGS.

(a)     No owner or person in charge of a dangerous or vicious dog shall fail to do one of the following:                                    

(1) Keep the dog securely inside of the owner’s home.

  (2) Keep the dog in a locked enclosure at least five feet by ten feet, which has a secure top and sides.  If the enclosure has no bottom securely attached to the sides, the sides must be embedded into the ground no less than two feet or must have a concrete base with the fencing securely attached or anchored to the concrete perimeter to a depth of six inches.  All fencing must conform to the City of Bay Village Building Codes.

(3) Keep the dog securely muzzled, making sure such muzzle does not interfere with the dogs breathing.  Also, the dog must be fitted with a proper collar that will prevent the dog slipping out of it or breaking through it, and attach a substantial leash to the collar that conforms to the dogs weight, size and strength, not more than four feet in length which is held in the hand of a person who is of suitable age, size and discretion to control the dog and who is outside with the dog.

(b) Whoever violates this section is guilty of a misdemeanor in the fourth degree on the first offense, a misdemeanor of the third degree in the second offense and a misdemeanor of the second degree on the third offense.                               

505.27  PHYSICAL HARM BY DANGEROUS OR VICIOUS DOGS.                                     

(a)  No person, being the owner or having the care, custody or control of any dangerous or vicious dog within the City, shall allow such a dog to cause physical harm to any person, except in defense of such owner’s person or property, or to cause physical harm to another dog, cat, or other domestic animal.                                                                                     

(b) Lack of intent on the part of such person to allow such dog to injure another, or the lack of knowledge of the violent propensities of such dog, is not defense to a violation of this section.                                                                     (c)     Whoever violates this section is guilty of a misdemeanor of the second degree.                                                   

 

The City of Brooklyn

505.29  DANGEROUS AND VICIOUS DOGS.

(a)      As used in this section:

 

(1) A. “Dangerous dog” means a dog that, without provocation, and subject to subsection (a)(1)B. hereof, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper or harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fence yard other locked enclosure which has a top.

 

(2)         “Menacing fashion” means a dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

 

(4)  A. “Vicious dog” means a dog that, without provocation and subject to

subsection (a)(4)B. hereof, meets any of the following:

 

1. Has killed or caused serious injury to any persons;

2.. Has caused injury, other than killing or serious injury to any  person, or has killed another dog;

3.Is a pit bull terrier, the ownership, keeping or harboring of such dog shall be prima-facie evidence of the ownership, keeping or harboring of a vicious dog.

 

C. “Pit bull terrier” as used herein includes, but is not limited to, any  American Pit Bull Terrier, any Bull Terrier, any Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier.

(5)  “Without provocation” means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal criminal activity and who was not using the dog as a means of carrying out such activity.

(b)  Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:

(1) While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a building, in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or a tether so that the dog is adequately restrained;

 

(2) While that dog is off the premises of the owner, keeper or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:

A. Keep that dog in a locked pen that has a top, locked fence yard or other locked enclosure that has a top;

 

B. Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person;

 

C.  Muzzle that dog.

 

(c)  No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog.

The City of Cleveland

 

Chapter 604 — Vicious Dogs

604.01          Definitions

 

(b) “Dangerous Dog” means a dog that, without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top, or any dog which, on three separate occasions within a twelve (12) month period has been impounded by the City Animal Warden for being unrestrained or uncontrolled off its owner’s, keeper’s, or harborer’s premises.

 

(f) “Menacing fashion” means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

 

(j) “Serious injury” means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.

 

(k) “Vicious dog” means a dog that, without provocation, meets any of the following:

 

(1) Has killed or caused serious injury to any person;

 

(2) Has caused injury, other than killing or serious injury, to any person, or has killed or caused serious injury to any domestic animal;

 

(3) Belongs to a breed that is commonly known as a “pit bull” dog, the ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping, or harboring of a vicious dog.

 

(4) Is owned, kept or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

 

(l) “Without provocation” means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.

 

604.03     Control of Vicious and Dangerous Dogs

 

No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following, except when the dog is legally engaged in training for the purpose of hunting, herding, agility or dog competition events, accompanied by the owner, keeper, harborer, or a handler:

 

(a) While the dog is on the premises of the owner, keeper, harborer or handler, it must be securely confined indoors, or in a locked pen which has a top, the dimensions of which should be at least five feet by ten feet, and must have secure sides and a secure top. If such structure should have no bottom secured to the sides, the sides must be imbedded into the ground no less than two feet. Such structure must be suitable to prevent the entry of young children and designed to prevent the dog from escaping, or in a locked fenced yard which fence is at least six feet high. Any enclosure must provide protection from the elements for the dog.

 

(b) While the dog is off the premises of the owner, keeper or harborer, keep it on a substantial collar and leash or tether not exceeding six feet in length and additionally shall do the following:

 

(1) Keep the dog in a locked pen which has a top, locked fenced yard of at least six (6) feet high, or other locked enclosure which has a top; or

 

(2) Have the leash or tether controlled by a person who is at least eighteen (18) years of age or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close enough proximity to the dog so as to prevent it from causing injury to any person; and

 

(3) Muzzle the dog. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or animal.

 

(c) No owner, keeper or harborer of the dog shall permit the unmuzzled dog at anytime to be on a public street, highway, park, building, or other public place.

 

(d) A dog declared to be dangerous or vicious by violating division (b) of Section 604.01 or divisions (k)(1) or (k)(2) of Section 604.01 shall, at the expense of such owner, keeper, or harborer, be tattooed or microchipped to secure positive identification.

(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted 10-20-99 CR)

604.04     Insurance; Signs; Notification

 

(a) All owners, keepers or harborers of vicious dogs shall obtain a policy of liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000.00) because of damage or bodily injury to or death of a person caused by the vicious dog. All owners, keepers or harborers of vicious dogs shall provide a copy of the policy for liability insurance to the Animal Warden on a yearly basis.

 

(b) All persons who presently own, keep or harbor a vicious dog must obtain a policy of liability insurance within thirty (30) days of the effective date of this section.

 

(c) Upon request of the Dog Warden, the owner of a vicious dog shall produce proof of liability insurance forthwith. Failure to furnish proof of liability insurance may result in the impounding of the dog by the Dog Warden until such proof is furnished.

 

(d) All owners, keepers or harborers of vicious or dangerous dogs shall have posted and displayed at each possible entrance onto the premises where the vicious or dangerous dog is kept a conspicuous sign, clearly legible, and easily readable by the public warning that there is a vicious or dangerous dog on the premises. Such sign shall be at least eight (8) inches by ten (10) inches in rectangular dimensions and shall contain only the words “VICIOUS DOG” or “DANGEROUS DOG” in lettering not less than two (2) inches in height. Such sign should also include a visual symbol for any children or people who cannot read words.

 

 

The City of Fairview Park

 

505.10 DOGS IN PUBLIC PARKS.

(a) No person owning, keeping, or in charge or control of any dog shall permit such dog to go, enter or remain, either with or without a leash upon any public parks within the City, to wit: Bain Park, Bohlken Park, Grannis Park, Nelson Russ Park, Morton Park, and any other City park hereafter established.

 

505.17 DANGEROUS AND VICIOUS DOGS.

(a) As used in this section:

(1) A. “Dangerous dog” means a dog that, without provocation, and

subject to subsection (a)(1)B. hereof, has chased or approached in

either a menacing fashion or an apparent attitude of attack, or has

attempted to bite or otherwise endanger any person, while that dog

is off the premises of its owner, keeper or harborer and not under

the reasonable control of its owner, keeper, harborer or some

other responsible person, or not physically restrained or confined

in a locked pen which has a top, locked fenced yard or other

locked enclosure which has a top.

B.    “Dangerous dog” does not include a police dog that has chased or

approached in either a menacing fashion or an apparent attitude of

attack, or has attempted to bite or otherwise endanger any person

while the police dog is being used to assist one or more law

enforcement officers in the performance of their official duties.

(2) “Menacing fashion” means that a dog would cause any person being

chased or approached to reasonably believe that the dog will cause

physical injury to that person.

(3) “Police dog” means a dog that has been trained, and may be used, to assist

one or more law enforcement officers in the performance of their official duties.

(4) A. “Vicious dog” means a dog that, without provocation and subject

to subsection (a)(4)B. hereof, meets any of the following:

1. Has killed or caused serious injury to any persons;

2. Has caused injury, other than killing or serious injury to

any person, or has killed another dog;

3. Is a pit bull terrier, the ownership, keeping or harboring of

such a dog shall be prima-facie evidence of the ownership,

keeping or harboring of a vicious dog.

B. “Vicious dog” does not include either of the following:

1. A police dog that has killed or caused serious injury to any

person or that has caused injury, other than killing or

serious injury, to any person while the police dog is being

used to assist one or more law enforcement officers in the

performance of their official duties;

2. A dog that has killed or caused serious injury to any person

while a person was committing or attempting to commit a

trespass or other criminal offense on the property of the

owner, keeper or harborer of the dog.

 

 

The City of Lakewood

 

506.01  KEEPING DANGEROUS OR VICIOUS ANIMALS.

                                                                                                                                                                 

                                                                                                                                                                   No person shall keep, harbor or own any dangerous or vicious animal within the City of Lakewood, or permit any dangerous animal to be kept within the City of Lakewood except in accordance with the provisions in Section 506.04.

506.02 DANGEROUS ANIMALS AND VICIOUS ANIMALS DEFINED.                                                        (a)     An animal is deemed to be a dangerous animal when:                                                                                                                                  

                                                                                                             (1)     It has, without provocation, caused serious injury to a human being or domestic animal; or            

                                                                                                                                                        (2)     It has a known propensity, tendency or disposition, without provocation, to cause serious injury to a human being or domestic animal; or                                                                                                                                                           

(3)     It has been designated to be a dangerous animal after a hearing by the Director of Public Safety or his or her designee; and                                                                                                                                                           (4)     The public safety can be protected by the owner or custodian of the animal exercising reasonable control over the animal.                                                                                                                                                                          

 

506.03  PIT BULL DOGS OR CANARY DOGS.

                                                                                                                                                               

                                                                                                                                                                     (a)     All pit bull dogs and canary dogs (Perro de PresaCanario) are deemed to be dangerous animals even in the absence of a hearing by the Director of Public Safety or his or her designee.                                                                                                                 

                                                                                                                                                                 

b)     As used in this section, “pit bull dog” means any Staffordshire Bull Terrier, American Pit Bull Terrier or American Staffordshire Terrier breed of dog, any dog of mixed breed which has the appearance and characteristics of being predominantly of such breeds, any dog commonly known as a pit bull, pit bull dog or pit bull terrier; or a combination of any of these breeds.                                                                                                                                                             

                                                                                                                                                                                 

                                                                                                                                                                     (c)     As used in this section “canary dogs” or “Perro de PresaCanario Dogs” also include any dog of mixed breed which has the appearance and characteristics of being predominantly of such breed.                                                                                   

                                                                                                                                                                 

(d)     In the event of a dispute as to whether or not a dog is a pit bull dog, a canary dog, or some other breed, the Director of Public Safety or his or her designee shall make the determination with or without a hearing, and the burden of proof that such dog is not a pit bull dog or canary dog shall be upon the owner or custodian.                       

The City of Parma

 

618.04     DANGEROUS DOGS.

     (a)     Definitions. As used in this section:

(1)     “Dangerous dog” means any of the following:

A.  Any dog which, according to the records of the Police Department, has inflicted severe injury on a human being, without provocation, on public or private property;

D. Any dog which, when unprovoked, chases, or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack; or

E.  Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals.

(2)     “Severe injury” means any physical injury resulting in broken bones or lacerations or puncture wounds.

(1)           If a dog is determined to be “dangerous”, the owner shall do the following:

A.     Display a sign on his or her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare. In addition, the owner shall conspicuously display signs with a symbol warning children of the presence of a dangerous dog. Such signs shall be visible from the front, rear and both sides of the property.

B.     While the dog is on the premises of the owner or keeper, securely confine it all times indoors or in a locked fenced yard where the dog is secured by a chain-link leash or in a locked pen or other structure. Such pen or structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top. If no bottom is secured to its sides, the sides must be embedded into the ground no less than two feet. The pen or structure must also provide protection from the elements for the dog. The owner shall have ten days to construct a pen as described in this section.

C.            While that dog is off the owner’s premises, keep it muzzled and restrained by a substantial chain or leash not more than six feet in length and have the leash controlled by a person who is of suitable age and discretion to adequately restrain the dog.

 

The City of Lorain

 

                505.01 DANGEROUS AND VICIOUS DOGS.

(a) As used in this section:

(1) A. “Dangerous dog” means a dog that, without provocation, and

subject to subsection (a)(1)B. hereof, has chased or approached in

either a menacing fashion or an apparent attitude of attack, or has

attempted to bite or otherwise endanger any person, while that dog

is off the premises of its owner, keeper or harborer and not under

the reasonable control of its owner, keeper, harborer or some

other responsible person, or not physically restrained or confined

in a locked pen which has a top, locked fenced yard or other

locked enclosure which has a top.

B.    “Dangerous dog” does not include a police dog that has chased or

approached in either a menacing fashion or an apparent attitude of

attack, or has attempted to bite or otherwise endanger any person

while the police dog is being used to assist one or more law

enforcement officers in the performance of their official duties.

(2) “Menacing fashion” means that a dog would cause any person being

chased or approached to reasonably believe that the dog will cause

physical injury to that person.

(3) “Police dog” means a dog that has been trained, and may be used, to assist

one or more law enforcement officers in the performance of their official duties.

(4) A. “Vicious dog” means a dog that, without provocation and subject

to subsection (a)(4)B. hereof, meets any of the following:

1. Has killed or caused serious injury to any persons;

2. Has caused injury, other than killing or serious injury to

any person, or has killed another dog;

3. Belongs to a breed that is commonly known as a pitbull dog.  The ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping, or harboring of a vicious dog.

B. “Vicious dog” does not include either of the following:

1. A police dog that has killed or caused serious injury to any

person or that has caused injury, other than killing or

serious injury, to any person while the police dog is being

used to assist one or more law enforcement officers in the

performance of their official duties;

2. A dog that has killed or caused serious injury to any person

while a person was committing or attempting to commit a

trespass or other criminal offense on the property of the

owner, keeper or harborer of the dog.

 

505.02  CONFINEMENT OF DOGS; DANGEROUS DOGS AND  VICIOUS DOGS.

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

                                                                                                                                                                 

(a)     As used in this section, “dangerous dog” and “vicious dog” have the same meanings as in Section 505.01 of the Lorain Codified Ordinances.                                                                                                                          

Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer or handler of the dog, no owner, keeper or harborer of any dog shall fail at any time to do either of the following:

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

                                                                                                                                                                 

                                                                                                                                             (1) Keep the dog physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape;                                                                 

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

                                                                                                                                                                 

(2) Keep the dogs on a leash and under the reasonable control of some person when off the premises of the owner;                                                                                                                                                            

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

                                                                                                                                                                 

(3) The running at large of a dog off the premises of the owner is prima facie evidence that it is unconfined in violation of this section.                                                                                                                  

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

(d)     No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following:

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

                                                                                                                                                                 

(1) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;                                                                                                                                                                         

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

                                                                                                                                                                 

(2) While that dog is off the premises of the owner, keeper or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

                                                                                                                                                                 

                                                                                                                                              A.  Keep that dog in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top;                      

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

                                                                                                                                                                 

B.     Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person and muzzle that dog.                                                                                   

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                

                                                                                                                                                              

(Ord. 96-06.  Passed 6-19-06.)

 

                                                                                                                                                              

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                

505.19  REGISTRATION OF VICIOUS DOGS REQUIRED; FEE AND INSURANCE.

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

                                                                                                                                                                 

(a) Any person having the custody, ownership, or control of any vicious dog as defined in Section 505.01, must register such dog with the City of Lorain Police Department on a form to be provided by the City. Said form shall require the following information: name, address and telephone number of the dog’s owner; the address where such dog is harbored, if different from the owner’s address; the dog’s sex and color; rabies certificate and tag number (license) and other distinguishing physical characteristics of the dog, as well as proof of public liability insurance as required by the State for such registration.                                                                                                      

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

                                                                                                                                                                 

(b)  The registration required by subsection (a) hereof shall be made annually by the person so required and such registration shall be made each year not less than thirty days from the date of the initial registration. The fee for registration shall be fifty dollars ($50.00) per year, for each person required to register any dog irrespective of the number of dogs registered by such person.                                                                                                      

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

                                                                                                                                                                 

(c)  Whoever violates the provisions of this section is guilty of a first degree misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment of no more than six months, or both. Each day shall have constituted a separate offense.                                                                                                                               

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

 

 

505.20  ADDITIONAL PENALTY FOR OWNERS, HARBORERS AND/OR KEEPERS OF ANIMALS THAT CAUSE  SERIOUS PHYSICAL HARM TO ANY PERSON.

 

 

                                                                                                                                                                  

                                                                                                                                                 

                                                                                                                                         (a) No person being an owner, harborer, or keeper of any animal, who is found to be in violation of Section 505.02(b) and (c) Confinement of Dogs; Vicious Dogs; Section 505.03 – Animals Running at Large; Section 505.04 – Leashes; Animal Feces; or Section 505.18 – Wild Animals Prohibited, and while in violation of any of these sections, the animal inflicts serious physical harm to any person, shall be guilty of a misdemeanor of the first degree. Violation of this Section 505.20 shall be in addition to any other provision of this chapter, and the penalty for violation of this section shall be imposed in addition to any penalty imposed for violation of any other section listed herein.                                          

                                                                                                                                                 

                                                                                                                                                                  

                                                                                                                                                                  

                                                                                                                                                 

(b)     “Serious physical harm”, as used in this section, shall have the same meaning as is used in Ohio R.C. 2901.01(A)(5), or as that section of the Ohio Revised Code may hereafter be amended.

 

The City of North Ridgeville

 

618.01  DOGS AND OTHER ANIMALS RUNNING AT LARGE; DANGEROUS AND VICIOUS DOGS.

(a)     As used in this section:

(1)     “Dangerous dog” is defined as follows:

 

A.       “Dangerous dog” means a dog that, without provocation, and subject to division (a)(1)B. of this section, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person or domesticated animal, while that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper, harborer or some other responsible person, or not physically restrained or confined.

 

(2)          “Menacing fashion” means that a dog would cause any person being chased or approached or whose domesticated animal is being chased or approached to reasonably believe that the dog will cause physical injury to that person or to the domesticated animal, including but not limited to, chasing, growling or snapping at and similar behavior, and where the menacing dog is at large.

(3)          “Vicious dog” is defined as follows:

 

A.  “Vicious dog” means that, without provocation, and subject to division (a)(4)B. of this section, whether the vicious dog is on or off the property of the owner, keeper or harborer, and meets any of the following requirements:

1.   Kills or has killed or caused serious injury to any person or domesticated animal;

2.   Causes or has caused injury, other than killing or serious injury, to any person or domesticated animal; or

3. Vicious dogs may also be prosecuted as defined at Ohio R.C. 955.11(A)(4)(a)(iii) and regulated at Ohio  R.C. 955.22(D).  The penalty is contained at Ohio R.C. 955.99(F) and (G).

 

(e)  No owner, keeper or harborer of any dog shall fail at any time to keep it either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape, or under reasonable control of some person, except when the dog is lawfully engaged in hunting accompanied by the owner, keeper or harborer or a handler.  Failure to so confine or restrain shall be evidence of the animal being “at-large.” (ORC 955.22(C))

 

(f) No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by the owner, keeper, harborer or a handler:

(1)  While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;

(2)  While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:

 

A. Keep that dog in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top;

 

B.  Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person; and/or

C.  Muzzle that dog.

(ORC 955.22(D))

 

(3) Prior conviction of a dangerous dog shall be prima facia evidence that the animal is a dangerous dog for subsequent violations.  Prior conviction as a vicious dog shall be prima facia evidence that the animal is a vicious dog for subsequent violations.

(g)  No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person or a domesticated animal caused by the vicious dog, and a copy of such insurance shall be placed on file with the Police Department and shall remain effective as long as the animal remains in the City.

(ORC 955.22(E))

                                                                                                     

 

The City Of Rocky River                                                                                                                                                                                                                           

                                                                                              

                                                                                                                                                                                 

                                                                                                                                                                                             

                                                                                                                                                                 

                                                                                                                                                                                                                 

505.11 DANGEROUS AND VICIOUS DOGS; DEFINITIONS

(b) Dangerous dog” means (1) a dog that, without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, or bites or causes physical harm to another dog or kills another companion animal (as defined in ORC 959.131) while that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person or (2) belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping or harboring of a dangerous dog.

(c) Menacing fashion” means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

(d) Vicious dog” means (1) a dog that, without provocation, has killed or caused serious injury to any person or has caused injury, other than killing or serious injury, to any person, or has killed another dog (2) “Vicious dog” does not include a dog that has killed or caused serious injury to any person while such person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.

(e) “Without provocation” means the dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.

 

505.15 INSURANCE FOR DANGEROUS DOGS

(a) No owner of a dangerous dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000) because of damage to property or bodily injury to or death of a person caused by a dangerous dog.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree for the first offense, a misdemeanor of the third degree for the second offense, and a misdemeanor of the second degree for the third offense and each subsequent offense. Each and every day during such period of noncompliance with this section may be deemed a separate offense.

 

505.16 RESTRAINT OF DANGEROUS DOGS

(a) No owner or person in charge of a dangerous dog shall fail to do one of the following: 1. Keep the dog securely inside of the owner’s home or transport vehicle.

2. Keep the dog in a locked enclosure at least five feet by ten feet, which has a

secure top and sides. It must have either a concrete base with the fencing

securely attached or anchored to the concrete perimeter to a depth of six

inches or the sides must be embedded into the ground no less than two feet.

All fencing must conform to the City of Rocky River building codes.

3. While a dangerous dog is off the premises of the owner, keeper, or

harborer, it must be fitted with a proper collar that will prevent the dog

from slipping out of it or breaking through it, and have a substantial chain link leash or tether attached to the collar that conforms to the dog’s weight, size, and strength. The leash should be not more than six feet in length and should be controlled by a person who is of suitable age, size, and discretion to control the dog. Alternatively, the leash may be securely attached, tied or affixed to the ground or a stationary fixture so that the dog is adequately restrained. In this case, a person who is of suitable size, strength and discretion must be stationed in close enough proximity to the dog so as to prevent it from causing injury to any person or domestic animal. Additionally, dangerous dogs off the premises of the owner must be muzzled in such a manner that the muzzle does not interfere with the dogs’ breathing.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree, a misdemeanor of the third degree for the second offense, and a misdemeanor of the second degree for the third offense and each subsequent offense.

 

505.18 PHYSICAL HARM BY DANGEROUS DOGS

(a) No person, being the owner or having the care, custody or control of any dangerous dog within the City, shall allow such dog to cause physical harm or serious physical harm to any person, except in defense of such owner’s person or property.

(b) Lack of intent on the part of such person to allow such dog to injure another, or the lack of knowledge of the violent propensities of such dog, is not a defense to the violation of this section.

(c) Whoever violates this section is guilty of a misdemeanor of the first degree.

 

Sheffield Village

 

505.14 DANGEROUS AND VICIOUS DOGS.

(a) As used in this section:

(1) A. “Dangerous dog” means a dog that, without provocation, and

subject to subsection (a)(1)B. hereof, has chased or approached in

either a menacing fashion or an apparent attitude of attack, or has

attempted to bite or otherwise endanger any person, while that dog

is off the premises of its owner, keeper or harborer and not under

the reasonable control of its owner, keeper, harborer or some

other responsible person, or not physically restrained or confined

 

(2) “Menacing fashion” means that a dog would cause any person being

chased or approached to reasonably believe that the dog will cause

physical injury to that person.

 

(4) A. “Vicious dog” means a dog that, without provocation and subject

to subsection (a)(4)B. hereof, meets any of the following:

1. Has killed or caused serious injury to any persons or domestic animal;

2. Has caused injury, other than killing or serious injury to

any person, or domestic animal;

 

The City of Westlake

 

505.14 DANGEROUS AND VICIOUS DOGS.

 

(a) As used in this section:

(1) A. “Dangerous dog” means a dog that, without provocation, and

subject to subsection (a)(1)B. hereof, has chased or approached in

either a menacing fashion or an apparent attitude of attack, or has

attempted to bite or otherwise endanger any person, while that dog

is off the premises of its owner, keeper or harborer and not under

the reasonable control of its owner, keeper, harborer or some other

responsible person, or not physically restrained or confined in a

locked pen which has a top, locked fenced yard or other locked

enclosure which has a top.

B. “Dangerous dog” does not include a police dog that has chased or

approached in either a menacing fashion or an apparent attitude of

attack, or has attempted to bite or otherwise endanger any person

while the police dog is being used to assist one or more law

enforcement officers in the performance of their official duties.

(2) “Menacing fashion” means that a dog would cause any person being chased

or approached to reasonably believe that the dog will cause physical injury

to that person.

(3) “Police dog” means a dog that has been trained, and may be used, to assist

one or more law enforcement officers in the performance of their official

duties.

(4) A. “Vicious dog” means a dog that, without provocation and subject to

subsection (a)(4)B. hereof, meets any of the following:

1. Has killed or caused serious injury to any persons;

2. Has caused injury, other than killing or serious injury to any

person, or has killed another dog;

3. Is a pit bull terrier, the ownership, keeping or harboring of

such a dog shall be prima-facie evidence of the ownership,

keeping or harboring of a vicious dog.

B. “Vicious dog” does not include either of the following:

1. A police dog that has killed or caused serious injury to any

person or that has caused injury, other than killing or serious

injury, to any person while the police dog is being used to

assist one or more law enforcement officers in the

performance of their official duties;

2. A dog that has killed or caused serious injury to any person

while a person was committing or attempting to commit a

trespass or other criminal offense on the property of the

owner, keeper or harborer of the dog.

C. “Pit bull terrier” as used herein includes, but is not limited to, any

American Pit Bull Terrier, any Bull Terrier, any Staffordshire Bull

Terrier or American Staffordshire Terrier breed of dog, or any

mixed breed of dog which contains as an element of its breeding the

breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull

Terrier or American Staffordshire Terrier as to be identifiable as

partially of the breed of American Pit Bull Terrier, Bull Terrier,

Staffordshire Bull Terrier or American Staffordshire Terrier.

(5) “Without provocation” means that a dog was not teased, tormented or

abused by a person, or that the dog was not coming to the aid or the defense

of a person who was not engaged in illegal or criminal activity and who was

not using the dog as a means of carrying out such activity.

(ORC 955.11)

(b) Except when a dangerous or vicious dog is lawfully engaged in hunting or training

for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the

dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the

following:

(1) While that dog is on the premises of the owner, keeper or harborer,

securely confine it at all times in a building, in a locked pen that has a top,

locked fenced yard or other locked enclosure that has a top, except that a

dangerous dog may, in the alternative, be tied with a leash or tether so

that the dog is adequately restrained;

(2) While that dog is off the premises of the owner, keeper or harborer, keep

it on a chain-link leash or tether that is not more than six feet in length and

additionally do at least one of the following:

A. Keep that dog in a locked pen which has a top, locked fenced yard

or other locked enclosure which has a top;

B. Have the leash or tether controlled by a person who is of suitable

age and discretion or securely attach, tie or affix the leash or tether

to the ground or stationary object or fixture so that the dog is

adequately restrained and station such a person in close enough

proximity to that dog so as to prevent it from causing injury to any

person;

C. Muzzle that dog.

(c) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance

with an insurer authorized to write liability insurance in this State providing coverage in each

occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred

thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by

the vicious dog. (ORC 955.22)

(d) If a violation of subsection (b) hereof involves a dangerous dog, whoever violates

that subsection is guilty of a misdemeanor of the fourth degree on a first offense and of a

misdemeanor of the third degree on each subsequent offense. Additionally, the court may order

the offender to personally supervise the dangerous dog that he owns, keeps or harbors, to cause

that dog to complete dog obedience training, or to do both, and the court may order the offender

to obtain liability insurance pursuant to subsection (c) hereof. The court, in the alternative, may

order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden

or the humane society.

(e) If a violation of subsection (b) hereof involves a vicious dog, whoever violates that

subsection is guilty of one of the following:

(1) A misdemeanor of the first degree on a first offense. Additionally, the

court may order the vicious dog to be humanely destroyed by a licensed

veterinarian, the Dog Warden or the humane society.

(2) A misdemeanor of the first degree if the dog causes injury other than killing

or serious injury, to any person.

(f) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first

degree. (ORC 955.99; Ord. 1988-3. Passed 1-21-8

Bicycle Ordinances

The following Lakewood bicycle ordinances are good examples of most municipalities. bicycle ordinances. These ordinances usually mirror the Ohio Revised Code Chapters 4503., 4505., 4507., 4509., 4511.,4513., 4515., and 4517., except the municipalities use the term “bicycle” rather than “vehicle” as in the Ohio Revised Code.

Lakewood

373.01  CODE APPLICATION TO BICYCLES.

(a)               Except as otherwise provided herein, every person riding a bicycle upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle. Every person riding a bicycle upon a sidewalk shall be granted all of the rights and shall be subject to all of the                                    .                    duties applicable to a pedestrian                                                                           

(b)                      Except as provided in subsection (d) of this section, a bicycle operator who violates any section of this Traffic Code described in subsection (a) of this section that is applicable to bicycles may be issued a ticket, citation or summons by a law enforcement officer for the violation in the same manner as the operator of a motor vehicle would be cited for the same violation.

Thus, a bicyclist on the road must obey all traffic laws that a motorist must follow. If the bicyclist is on the sidewalk, then the same rules applicable to pedestrians must be followed

                                                                                                                                                                

373.04 RIDING BICYCLES AND MOTORCYCLES ABREAST.

                                                                                                                                                                                                                 

                                                                                                                                                                                 

(a)                      Persons riding bicycles or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.

Thus, bicyclist riding two abreast are legal-Do not beep your horn or yell at them

373.06  LIGHTS AND REFLECTOR ON BICYCLE; BRAKES

(a)          Every bicycle when in use at the times specified in Section 337.02, shall be equipped with the following:                                                                                                                                       

                                                                                                                                                                              

                                                                                                                                                                                                          (1)     A lamp mounted on the front of either the bicycle or the operator that shall emit a white light visible from a distance of at least five hundred feet to the front; and three hundred feet to the sides.  A generator-powered lamp that emits light only when the bicycle is moving may be used to meet the requirement.

(2)     A red reflector on the rear that shall be visible from all distances from one hundred feet to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.

Thus a white light on the front and a red light on the back are required in rain, darkness and night (sunset to sunrise)                                                                         

                                                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

                                                                                                                                                                                                    373.07  RIDING BICYCLE ON RIGHT SIDE OF ROADWAY; OBEDIENCE TO TRAFFIC RULES;  PASSING.

                                                                                                                                                                                                           a)     Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.                                                                                                                                                                                           

                                                                                                                                                                                 

                                                                                                                                                                                                       (b)     This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so.  Conditions that may require riding away from the edge of the  roadway include when necessary to avoid fixed or moving objects,  parked  or  moving  vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for   the bicycle and an overtaking vehicle to travel safely side by side within the lane                                                                                                                                                                                                                 

Thus Bicyclists should ride to the right but if there is a pothole or other obstruction, they can legally move to the left .                                                                                                                                                                                      .                                                                                                                                                                                               

373.08  RECKLESS OPERATION; CONTROL, COURSE AND SPEED.

                                                                       

(a)     No person shall operate a bicycle:                        

                                                                 

(1)     Without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles, and so as to endanger the life, limb or property of any person while in the lawful use of the streets or sidewalks or any other public or private property;                                                                                                                                                                                            

(2)     Without exercising reasonable and ordinary control over such bicycle;                                                               

(3)     In a weaving or zigzag course unless such irregular course is necessary for safe operation in compliance with law;                              

(4)     Without both hands upon the handle grips except when necessary to give the required hand and arm signals, or as provided in Section 373.02(d);                                                                                                                                                                        

(5)     At a speed greater than is reasonable and prudent under the conditions then existing.                                                       

                                                                                                                                                                 

373.02    RIDING UPON SEATS; HANDLE BARS; HELMETS AND GLASSES.

(f)     No person operating a bicycle shall carry any package, bundle or article that prevents the driver from keeping at least one hand upon the handle bars.                                                                                                                                                             

(Notice the discrepancy here with 373.08, which states, No person shall operate a bicycle: Without both hands upon the handle grips…)

373.09  COMPLIANCE WITH TRAFFIC SIGNAL CONTROL DEVICES REQUIRED.

                                                                                                                                                                                                                 

(a)      Any person operating a bicycle shall obey the instructions of official traffic signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.                                                                                              

(b)       Whenever authorized signs are erected that no right or left or “U” turns are permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

373.10 RIDING ON SIDEWALK.

                                                                                                                                                                                                                 

(a)     Except as provided in subsection (b) below, it shall be legal to operate a bicycle upon a sidewalk when sidewalks are available and not congested with pedestrian traffic. If the sidewalk is congested with pedestrian traffic, any bicycle operator using the sidewalk shall walk the bicycle.  At no time shall a bicyclist under the age of eight years operate a bicycle on Berea Road; Detroit Avenue; Madison Avenue; Warren Road between Franklin Boulevard and Detroit Avenue; or West 117 Street, unless while under the supervision of an adult.                                                                                      

                                                                                                                                                                                 

                                                                                                                                                                                                                 

(b)     No person shall ride a bicycle upon a sidewalk, upon or along which signs have been erected by authority of the Director of Public Safety prohibiting such bicycle riding.                                                                                                                                

                                                                                                                                                                                 

(c)     A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. This audible signal may be given by the voice or by a bell or other warning device capable of giving an audible signal and shall be given at such a distance and in such a manner as not to startle person or persons being overtaken and passed.

                                                                                                                                                                                 

(d)     A person operating a bicycle upon a sidewalk, before overtaking and passing a blind person carrying a white cane or guided by a dog, shall dismount and overtake or pass on foot, if necessary for safety.                                                       

                                                                                                                                                                                 

(e)     A person shall not operate a bicycle from a sidewalk so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.                                                                                  

(f)       No person shall operate a bicycle on a sidewalk at a speed greater than an ordinary walk when approaching or entering a crosswalk or approaching or crossing a driveway if a vehicle is approaching the crosswalk or driveway. This paragraph does not require reduced speeds for bicycles when other vehicles are not present.

373.11  EMERGING FROM ALLEY OR DRIVEWAY.

The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alley or driveway, yield the right of way to all pedestrians approaching on such sidewalk area and upon entering the street shall yield the right of way to all vehicles approaching on said street.

                                                                                                                                                                

Avon,  To see all of the bicycle ordinances for Avon click on the link below

http://www.amlegal.com/nxt/gateway.dll/Ohio/avon_oh/codifiedordinancesofthecityofavonohio?f=templates$fn=default.htm$3.0$vid=amlegal:avon_oh

Avon Lake,  To see all of the bicycle ordinances for Avon Lake click on the link below.

http://www.amlegal.com/nxt/gateway.dll/Ohio/avonlake/codifiedordinancesofthecityofavonlakeohi?f=templates$fn=default.htm$3.0$vid=amlegal:avonlake_oh

Bay Village, To see all of the bicycle ordinances for Bay Village click on the link below.

http://www.conwaygreene.com/bvillage/lpext.dll?f=templates&fn=main-h.htm&2.0

Cleveland, To see all of the bicycle ordinances for Cleveland click on the link below

http://caselaw.lp.findlaw.com/clevelandcodes/cco_part4_473.html

Fairview Park,  To see all of the bicycle ordinances for Fairview Park click on the link below.

http://www.fairviewpark.org/files/D-TRAFFIC.pdf

Lorain, To see all of the bicycle ordinances for Lorain click on the link below.

http://www.conwaygreene.com/Lorain/lpext.dll?f=templates&fn=main-h.htm&2.0

Parma, To see all of the bicycle ordinances for Parma click on the link below.

http://www.amlegal.com/nxt/gateway.dll/Ohio/parma_oh/codifiedordinancesofthecityofparmaohio?f=templates$fn=default.htm$3.0$vid=amlegal:parma_oh

Rocky River, To see all of the bicycle ordinances for Rocky River click on the link below.

http://www.rrcity.com/ordframe.html

Sheffield Lake, To see all of the bicycle ordinances for Sheffield Lake click on the link below.

http://www.conwaygreene.com/SheffieldLake/lpext.dll?f=templates&fn=main-h.htm&2.0

Sheffield Village,  To see all of the bicycle ordinances for Sheffield Village click on the link below

http://www.sheffieldvillage.com/documents/ordinances.pdf

Westlake, To see all of the bicycle ordinances for Westlake click on the link below

http://www.cityofwestlake.org/pdfs/CodifiedOrdinances/DTraf.pdf

Rep. McCarthy introduces nation-wide texting while driving ban

By Jeff Winkler

Rep. Carolyn McCarthy wants a national ban on the use of hand-held devices while driving.

The New York Representative said legislation, which she introduced on Thursday, was a “starting point” for later safety measures against the cellphone practice that is “as dangerous as drunk driving.”

“I cannot [overstate] how serious of an issue this is,” said McCarthy during a press conference announcing the legislation. “Distracted driving is one of the most dangerous problems on the road today. It is, in my opinion, as dangerous as drunk driving or drowsy driving.”

About 5,000 people — roughly .0001 percent of the population — are killed each year due to distracted driving, according the National Highway Traffic Safety Administration (NHTSA). Conversely, there were more than 40,000 drunk driver fatalities in 2009, according to the NHTSA’s latest data.

“I think if you start looking at drunk driving and where drunk driving was so many years ago before the crackdown … and when you look at how young, really, texting is … ” McCarthy explained to The Daily Caller, “ … many of us believe that the number of deaths are going to go higher and certainly the number of injuries will only go higher.”

Currently, 30 states have their own distracted driving laws in place. McCarthy said the proposed legislation would nationalize the rules, allowing the government to penalize states 25 percent of their federal highway transportation funding. It’s a model taken directly from the national regulations meant to incentivize local enforcement of state blood-alcohol restrictions.

A 2010 study from the Highway Loss Data Institute of four states with driving bans, however, found that “no reductions in crashes after laws take effect that ban texting by all drivers. In fact, such bans are associated with a slight increase,” according to insurance reports.

McCarthy suggested that the figures don’t represent the growing use and prevalence of cell phones for Americans of every age and was confident the long-term measures would save lives.

Read more: http://dailycaller.com/2011/06/23/rep-mccarthy-introduces-nation-wide-texting-while-driving-ban/#ixzz1QDhrT05b